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Gerhardt is guilty
Gets life in prison

This picture on a screen in the courtroom, provided by the prosecution, shows Demiah Appling when she was alive.

Story and Photos By Jeff M. Hardison © Feb. 13, 2026 at 9 p.m.
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     CROSS CITY – A 12-member jury this afternoon (Friday, Feb. 13) ruled that Waymore Nelson Gerhardt, 23, is guilty of first-degree premeditated murder by use of firearm, and of tampering with evidence.

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     The Honorable Third Judicial Circuit Court Judge Mark Feagle adjudicated Gerhardt guilty and sentenced him to spend the rest of his life in prison for murdering Demiah Appling, who died at the tender age of 14 years. The judge ruled, too, that Gerhardt would spend five years in prison at the same time as his life sentence for tampering with evidence.
      The weeklong trial started slowly with it taking two days to seat the 15 jurors. As Judge Feagle dismissed the three alternate jurors – who were not named until after the trial was over, to assure everyone paid close attention from start to finish – he said he appreciated the work by those three.
     After the verdicts were rendered, he likewise told the people who performed their civic duty that he is thankful for their service as the deciders of fact. Judge Feagle completed his duty by imposing sentence on the killer.
     As the two teams wrapped up the seven days of jurisprudence in Dixie County, both the prosecution and the defense not only took the opportunity to recite provable truths, but to state their feelings and opinions on this case.


Waymore Gerhardt (right) is seen with attorney John Lyon Broling of the Florida Office of Criminal Conflict and Civil Regional Counsel.


Third Judicial Circuit Assistant State Attorney Jarrett Thomas holds the .22 caliber rifle believed to be the murder weapon as he gives closing arguments on Friday.


DCSO Det. Sgt. Terry Barcia shows the location of one of the residences relevant in the case.


Assistant State Attorney Jarrett Thomas tells the jury what they heard, again. Closing arguments are not evidence; however, he restated what witnesses and hard evidence were brought to bear -- forming a whole narrative related to the murder and attempted cover-up.


Defense attorney Robert Davis Baker III, of the Florida Office of Criminal Conflict and Civil Regional Counsel tells jurors why they can see reasons to doubt the state proved his client murdered Demiah Appling.

     Appling died instantly from a .22 caliber slug entering her skull from the side rear, according to testimony.
     Jurors decided the state had proved Gerhardt shot her with a .22 caliber bolt-action rifle.
     Appling had been tricked into going to a place where Gerhardt waited for her, according to what is the accepted truth. Appling, who wanted to see Keith Anderson, then also 14, had a “prank” played on her by Anderson, whose texts showed he was in Lake City with his girlfriend at the time.
     Appling did not know Anderson was in Lake City and was pulling a mean trick on her.
     Meanwhile in the Old Town area of Dixie County, Appling went to a place where she was told “Uncle Wayne” -- Anderson’s uncle was Gerhardt. He went by the nickname of “Wayne” as well as other aliases on social media platforms.
     At one point Appling was tricked into believing Gerhardt would take her to see Anderson.
     Text messages and phone calls between several participants in the sordid story proved to jurors that Gerhardt took Appling somewhere in Dixie County, shot her in the back of the head, and then transported the body to Gilchrist County.
     He buried her naked body in a two-foot deep quickly dug grave, with a shovel he borrowed that night – Oct. 16, 2022 – and he returned the shovel in the wee hours of the next morning.
     Investigators with the Dixie County Sheriff’s Office, Florida Department of Law Enforcement and the Gilchrist County Sheriff's Office followed evidence to find the grave, in part by questioning some of the people in Gerhardt’s and Appling’s lives.
     Before the start of the final day of trial on Friday, lead defense attorney Robert Davis Baker III, of the Florida Office of Criminal Conflict and Civil Regional Counsel – sought to have the judge order a Judgment of Acquittal (JOA) of the murder charge, although the defendant conceded to the charge of tampering with evidence.
     Attorney John Lyon Broling, attorney Samantha Maybury and attorney Kayla E. Kafka, also of the Florida Office of Criminal Conflict and Civil Regional Counsel, were on the defense team as well.
     Despite Baker’s verbal argument for a JOA, Judge Feagle denied Baker’s request. The judge had seen and heard the same evidence presented at the trial. This type of move by a defense lawyer in a criminal case is relatively common.
     The final day of the actual trial action opened with the prosecutorial team -- Third Judicial Circuit Court State Attorney John Durrett and Assistant State Attorney Jarrett Thomas, with support by Assistant State Attorney Caleb Currie -- calling one last witness – DCSO Inv. Sgt. Terry Barcia.
     This key investigator who helped solve the case showed jurors on a map that was on a TV screen the locations where Brenda Cox (Gerhardt’s mother) lives.
     Detective Sgt. Barcia also showed on the map where, at the time of the murder, Keith Anderson was staying in a camper on that same property.
     Barcia also showed where Amy “Puddin” Valentine lives on the map. This helped jurors understand some of the final places Appling traveled on her last night of life in Dixie County.
     On the night when Appling disappeared, she had first been tricked by Anderson to see Gerhardt rather than Anderson at that location. Then Anderson told her via text to return there so that Gerhardt could take her to meet him.
     She got into a Chevy Blazer with Gerhardt, according to prosecutors.
     This prank by Anderson, who had noted he would “get the last laugh” in a text to her, turned to Gerhardt’s advantage, because according to what was said in court, he had lusted for her, even though she had not desire to be with him.
     Gerhardt gave various versions of reality when investigated. First, he did not see her. Then, he saw her but dropped her off at her boyfriend’s. Then, he paid her $60 for “a hand job” (masturbation of him).
     Prosecutors proved that his cell phone, which included evidence used to convict him by showing his location at certain dates and times, was never lost or destroyed as he had claimed to investigator.
     An FDLE investigator tracked the phone and an FDLE dog trained to find electronic gear sniffed it out as a search warrant was served.
     Assistant State Attorney Thomas in his closing argument reminded jurors of every bit of testimony to prove beyond and to the exclusion of reasonable doubt to prove Gerhardt shot and killed Appling.
     Thomas reminded jurors that people on the witness stand told what happened.
     Appling wanted to see Anderson. Anderson was in Lake City with his girlfriend. He played a trick on her, which put her in the clutches of one of Andrson’s uncles – Gerhardt.
     Gerhardt drove to a secluded area in Dixie County. For some reason, he shot her in the back of the head with a .22 caliber single-shot, bolt-action rifle.
     Gerhardt borrowed a shovel late that Oct. 16, 2022 night. He dug a two-foot-deep grave at a place in Gilchrist County that is near to a spring in the Bell area.
     He asked people whom he had texted incriminating verbiage to, to delete those messages and to tell no one.
     Within hours of burying the girl’s body, he called a friend that lived near that spot. Gerhardt texted him to see if that friend had noticed law enforcement on that dirt road.
     Despite his attempts to hide Appling’s blood in the vehicle, and to have other evidence destroyed or deleted, investigators had enough probable cause to arrest him for first-degree, premeditated murder with a firearm after a grand jury indicted Gerhardt for that and for tampering with evidence.
     The defense presented no witnesses at trial. Gerhardt chose against taking the witness stand himself in his own defense.
     When Baker presented his closing argument, he told the jury there had been a long string of failures before Appling went missing on Oct. 16, 2022.
     She went down a path that led her into unexpected dangers, Baker said. 
     He told jurors that the evidence in this case proved that somebody had killed the 14-year-old girl. Baker told the jurors that they must ask the question – as the deciders of fact in this case – Did the state prove beyond and to the exclusion of reasonable doubt that Gerhardt was the killer?
     Baker spoke about the witnesses. He said there are many people who were witnesses who testified in this case who he does not think anyone would want to leave their 14-year-old with.
     “Amy Valentine is one,” Baker said. “She was the first person to testify in this trial.”
     Baker went through the same review of Appling leaving Valentine’s house, alone, after 8:30 p.m. on that dark October night. Anderson had lured her there through texts he sent from Lake City, Baker said.
     Baker said Gerhardt was not mentioned in the texts, until Anderson noted for Appling that she should have stayed at Valentine’s so that Gerhardt could take Appling to seek Anderson.
     No witness at any time spoke about the rifle being in the Blazer, Baker said as he tried to show reasonable doubt.
     The defense attorney said the parade of prosecution witnesses were all people “who all knew they had done the wrong thing by Demiah.”

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     Baker said they were “pot heads who couldn’t keep their stories straight.” Only Gerhardt’s boss at the time, Nancy Meyer – who said Gerhardt failed to show up for work that night – was a witness who could be trusted as having told the truth, Baker intimated.
     Baker said Assistant State Attorney Thomas’ demonstration on how long it took to pull the bolt back on the rifle and then to shoot it was reason for the FDLE to have swabbed that one part of the rifle for DNA, although that bolt was not swabbed.
     The trigger guard and the trigger were checked for DNA, Baker reminded the jurors. The DNA of Gerhardt and his roommate Max Lyons were found on the gun, Baker said, which was expected because Lyons owned the gun and Gerhardt lived with him. One person’s DNA other than theirs was found on the gun, Baker said, but it was to an unidentified person.
     “Mr. Thomas’s argument was emblematic of the failure of this investigation,” Baker asserted to the jury.
     He said investigators “had their man” but at some point, law enforcement gave up on that suspect – other than Gerhardt.
     The lead defense attorney went through every key point where he thought there could be some reasonable doubt attached.
     While Baker conceded that Gerhardt clearly was guilty of tampering with evidence, that defense attorney felt that the state had not proved his client was guilty of murder.
Durrett Brings It Home
     In his redirect response to Baker’s closing arguments, State Attorney Durrett let jurors know, again, why they must vote “Guilty” on the charge of first-degree premeditated murder with a firearm.
     “The world failed her,” Durrett said as he quoted Baker from the defense attorney’s opening statement a couple of days earlier in the trial.
     The state attorney said the girl may have fared better if she had a mother and father active in her life. Durrett said that is beside the point of what is vital in this trial.
     “You don’t pass judgment on her for that,” he said. 
     The prosecutor noted she made stupid choices. Nevertheless, he noted the toxicology report from the autopsy showed results of zero alcohol or drug use from the remains recovered after being in the ground a couple of months.
     The attorney told the jurors, as they would hear and read at least a few times – the definition of “reasonable doubt.”
     In Florida criminal cases, reasonable doubt is defined as a doubt that is not a mere possible, speculative, imaginary, or forced doubt, but one based on reason and common sense arising from evidence, a conflict in evidence, or lack of evidence. It is a doubt that would cause a reasonable person to hesitate before acting. 
     If after weighing all evidence, the jury does not have an “abiding conviction” of guilt, or if that conviction wavers or vacillates, then jurors must see there is a reasonable doubt -- and they must acquit.
     State Attorney Durrett said Assistant State Attorney Thomas clearly drew all logical, common-sense truth from the evidence presented from the witness stand.
     “Nobody’s out there with that defendant and that little girl in the woods,” Durrett said.
     However, through the research of FDLE, the cell phone carried by Gerhardt shows where he was at different points in time on certain dates. Through obtaining texts and social media messages, as well as by questioning parties involved, the scenario presented by Thomas cannot be seen as leaving any reasonable doubt to what that assistant state attorney asserted for the jury to remember, Durrett intimated.
     Durrett noted that Gerhardt’s nephew Anderson is the only one of the many people who that defendant asked to delete messages, who did as his uncle asked and deleted messages.
     As Gerhardt attempted to hide his path, which included getting a shovel, cleaning blood from a vehicle and asking if police were looking specifically where he had buried the body – just hours after he had done so, other friends of Gerhardt did not delete messages that he asked them to erase.
     All of the messages corroborate exactly and match the data points showing where Gerhardt was when he made the statements that were used to clearly show what happened, Durrett said.
     Durrett addressed Baker’s assertion about the rifle not being seen or proved to have been in the vehicle.
     “Well, a dead body in the back seat and the blood dripping between the crevices, and the shell casing that matches that rifle right down there next to it (the blood),” Durrett said, “sure seem to indicate that rifle might have been in that vehicle.
     “Not to mention a little girl’s blood with a bullet hole in the back of her head,” Durrett continued, “buried in a 25-inch (deep) grave.”
     Durrett said the motive for the murder was exactly as Thomas said.
     Gerhardt wanted to have sex with Appling. 
    The state attorney said back in 2022, Gerhardt was “an 18-year-old, lonely, video game-playing guy – who likes to smoke pot with his friends,” who was frustrated at not being able to have the little 14-year-old girl.
     “She wasn’t going to give him what he wanted,” Durrett said, “and he knew that.”
     Gerhardt used his 14-year-old nephew to lure the girl into the vehicle with him, Durrett said. 
     Durrett explained that prosecutors had to use witnesses who were Gerhardt’s friends and were present during these events. The state does not get to pick just anyone to be a witness. With the scientific data from tracking cell phones and the messages that were not erased, those witnesses’ testimony shows what happened.
     The girl was tricked to be in Gerhardt’s grasp. He killed her. He tried to hide the body, and then to hide the other evidence as well.




These photos show what investigators found in the shallow grave on Dec. 5, 2022 – the remains of Demiah Appling. While these pictures by the Medical Examiner’s Office are grim, jurors had to see several other pictures that were far more gruesome, but they were required to prove facts.

     Law enforcement searched for a missing girl. They found her body, and they found evidence to prove beyond reasonable doubt who killed her, with premeditation and with a firearm.
     The fact that she was shot in the back of the head, Durrett said, is proof of premeditation. To accomplish that act takes time and purposeful effort – beforehand.
     Law enforcement brought the evidence to the State Attorney’s Office and the path to trial resulted in the outcome – determined by 12 jurors who unanimously voted “Guilty” on Friday (Feb. 13) in the afternoon, in Cross City. Then, Circuit Court Judge Feagle imposed sentence, as he is required to do as part of the duties in his elected position.

Defense depends on ‘Lazarus squirrel’
and reasonable doubt

Waymore Nelson ‘Wayne’ Gerhardt sits at a table with a team of defense attorneys on Wednesday (Feb. 11).

Story and Photos By Jeff M. Hardison © Feb. 12, 2026 at 7:15 p.m.
Updated Feb. 13, 2026 at 5:45 a.m.
All Copyrights Protected By Federal Civil Law
Do Not Copy and Paste to Social Media or Elsewhere
     CROSS CITY – As of Thursday morning (Feb. 12), almost every bit of evidence to be presented by prosecutors prove a young man had killed a 14-year-old girl by shooting her in the back left of her skull with a .22 caliber rifle had been presented.
     The defense, as of that moment, appears to be relying on the “Lazarus squirrel defense” and a hope that the jury does not believe the state met its burden of proving guilt beyond and to the exclusion of reasonable doubt.
     The “Lazarus squirrel defense” is the name given by one journalist for this unique strategy of explaining blood stains, a cell phone, short-shorts and a feminine style of flannel shirt left in a vehicle that the defendant used the night when he is accused of killing the teenaged girl.
     A 12-member jury of Dixie County residents will decide if Waymore Nelson “Wayne” Gerhardt, now 23, is guilty of murder as well as tampering with evidence.
     The Honorable Third Judicial Circuit Court Judge Mark Feagle has presided over the entire trial, after Dixie County Court Judge Jennifer Jones Johnson recused herself before going too many minutes into the first of two days of jury selection, on that first day of jury selection -- Monday (Feb. 9).
     On the first day of trial, Wednesday (Feb. 11) the judge explained how the jobs of the jury and the judge do not overlap. The jurors will determine if the state meets its burden of proof and the judge will administer the trial.
     After listening to facts and evidence presented by witnesses brought forth by the prosecutorial team of Third Judicial Circuit Court State Attorney John Durrett and Assistant State Attorney Jarrett Thomas, with support by Assistant State Attorney Caleb Currie, the state plans to show Gerhardt, who was then 19, on Oct. 16, 2022, had tricked Appling into meeting with him.
     The prosecution facts before the jury to consider why the grand jury had indicated Gerhardt for this crime. An indictment is a formal accusation. It doesn’t mean he was convicted.
     As the trial opened, there was action to allow Ruth Cox, Gerhardt’s mother, to watch the trial. By watching it, with the rule that witnesses are excluded from watching the trial, it took her out of the running to be a defense witness for her son – Gerhardt.
     The defendant agreed to not call his mother as one of his witnesses.
     Gerhardt is said by the prosecution to have lusted for the 14-year-old girl, who went essentially without much adult supervision, according to testimony. With that, the predator saw a potentially easy target for his desires being fulfilled, prosecutors intimated.
     When both sides are finished presenting their cases, jurors will decide whether prosecutors showed facts and evidence to prove Gerhards took Appling to some place and shot her in the head with the rifle, before burying her body in a very shallow grave in Gilchrist County. They will also determine if the charge of tampering with evidence is proved.
      Defense attorney Robert Davis Baker III, attorney John Lyon Broling, attorney Samantha Maybury and attorney Kayla E. Kafka -- all from the Florida Office of Criminal Conflict and Civil Regional Counsel – worked to support Gerhardt’s claim that he is not guilty of murdering Appling; nor is he guilty of tampering with evidence that could show proof of his guilt.
     That tampering charge results from Gerhardt allegedly attempting to hide Appling’s blood (or a squirrel’s blood) in a vehicle the prosecutors say is the one he used to transport that corpse to the place where he dug a shallow grave, with sticks over the body to help disguise it.
     Gerhardt claimed that all of the blood in his friend’s vehicle, which he routinely borrowed, was from a squirrel he shot with a .22 caliber bolt-action rifle. Gearhardt asserted that the squirrel, which he had put into a box for transport and sale, had miraculously -- like Lazarus – sprung back to life. That squirrel then ran all over the back seat and other parts of the Chevy squirting out blood, Gerhardt claimed.
     Even after Gerhardt had thoroughly cleaned the Chevrolet Blazer, a crime scene analyst with the Florida Department of Law Enforcement found traces of blood – four months after the alleged squirrel shooting. There were traces of blood on all four door handles and the rear hatchback handle, as well as other places inside the vehicle.
     There was blood predominantly in the back seat, but in other areas as well.


The Honorable Third Judicial Circuit Court Judge Mark Feagle prepares to open the court session Wednesday (Feb. 11) after two days of jury selection.


Third Judicial Circuit State Attorney John Durrett tells the jury why the State of Florida believes the man on trial is a murderer who used a firearm in a premeditated manner to kill a 14-year-old girl. His opening statement is not evidence. It just let the jurors know what to expect the evidence to be presented will prove.


Amy 'Puddin' Valentine speaks as a witness for the prosecution. Other than the killer, she is believed to be the last person to see the victim alive.


Nancy Myer, manager of a gas station and Church’s Chicken, tells how Waymore Gerhardt missed his shift on the night the victim is believed to have been killed.


Keith Anderson who lives in Saint Augustine now speaks as a key witness for the prosecution. He is serving a probation term as a result of a plea-negotiated agreement to testify for the prosecution.


Sarah Whited of Lake City has six children. She speaks here as a witness for the prosecution on Wednesday (Feb. 11). She told how Keith Anderson was staying at her house with her 14-year-old daughter. Both her daughter and Anderson, then 14, slept together there, she said.


Sarah Whited, who had one daughter that was 14 when she was pregnant and having sex with then 14-year-old Keith Anderson, speaks as a witness for the prosecution.


Dylan Mize, here with his hand raised and stating that he will tell the truth, served as a witness for the prosecution on Wednesday (Feb. 11). Mize lives in Georgia now. The defense attorney on cross examination that day showed Mize lied more than once while he had taken an oath to tell the truth about this case before. Mize conceded that fact on the stand, and no one reminded him of The Fifth Amendment protection against self-incrimination. Perjury is illegal.


Jeremy Max Lyons, who prefers to be called ‘Max,’ speaks about his Chevrolet Blazer that had blood all over the back seat, and it had a female-looking flannel shirt and ‘short shorts.’ Max was a roommate of Waymore Gerhardt at the time of the murder.

 
Alex Kuznicki testifies that he did not delete text messages as Waymore Gerhardt asked him to -- because the message to alert Gerhardt if police were looking where the body was later found, caused Kuznicki to think something sketchy was going on. Kuznicki worked at the former Church's Chicken with Gerhardt back in the time of the murder.


Dixie County Sheriff’s Office Det. Sgt. Terry Barcia explains how the science of tracking cell phones is among the evidence she and others gathered to help show Waymore Gerhardt murdered Demiah Appling. Investigator Barcia was at the forefront of solving this crime, which started as a search for a missing girl.


FDLE Special Agent April Glover explains how electronic records and devices proved when the defendant and others spoke, as well as that Gerhardt lied when he told law enforcement that a cell phone was destroyed. An FDLE K-9 trained to locate electronic devices found that very cell phone, where Glover was able to have it pinged via a search warrant. FDLE Special Agent Aida Limongi of the FDLE Tallahassee Office used K-9 Rocket, a black Labrador that detects electronic devices, to find that device.


The Lake City Police Officer who was a Dixie County Sheriff Office sergeant during this murder investigation shows the .22 caliber rifle he recovered in Dixie County with a search warrant when he worked with the DCSO.


The Chevy Blazer sits in an enclosed area where it underwent examination by the FDLE, and where blood was found, as was a spent shell casing of a bullet that was fired.
(Photo By FDLE)


One of the seats marked by the FDLE with tags to show where blood was detected – months after it had been cleaned from either a resurrected squirrel or from a human body being transported to a shallow grave.
(Photo By FDLE)


Thomas M. Coyne, M.D., Ph.D. of the Medical Examiner’s Office testifies on Thursday morning (Feb. 12). He said the bullet would have resulted in instant death for the victim.


Murder02112U – The projectile (.22 caliber slug) that was recovered from inside the skull of the victim is seen in this picture.
(Photo By Medical Examiner's Office)

      As State Attorney Durrett gave his opening statement, he told jurors that the evidence he was to present would show that Gerhardt was guilty of murder and tampering with evidence.
     The facts and testimony presented all day Wednesday and by afternoon on Thursday showed Appling was shot with a .22 caliber rifle, and she was buried in a shallow grave in Gilchrist County.
     She is believed to have been killed Oct. 16, 2022. Her body was found Dec. 5, 2022.
     Gerhardt is accused of being the man who pulled the trigger as well as trying to remove the blood evidence from a Chevrolet Blazer that his friend Jeremy Max Lyons let Gerhardt use regularly.
     Appling was not reported missing until a week after she disappeared and was not answering her cell phone. Her established reckless lifestyle, already, at 14 years old, did not cause any alarms to sound until eight days later, according to testimony.
     Evidence given in sworn testimony by people on the witness stand, as well as audio tapes, records of cell phone use, text messages and scientific proof of blood stains, Appling’s skull with a bullet hole in it and the .22 caliber projectile inside, the rifle believed to have shot that bullet, were all presented.
     Still, defense attorney Baker said the jury should find reason to doubt some of the testimony, because Keith Anderson, a key witness, and nephew of the defendant, for instance, was using “strategic amnesia” so that his actions and his uncle’s actions fit a scenario the prosecution wants – rather than what is true.
     Dylan Mize, another witness for the prosecution, admitted under oath on the witness stand to have lied more than once before, while being under oath during the investigation of the murder, Baker showed upon cross-examination of that witness.
     Did Anderson help lure the girl into the clutches of Gerhardt that fateful night? Baker said there was reason to doubt that.
     Baker also noted the state did not have to prove there was a motive for the killing. Yet Baker said there was no motive for Gerhardt to kill Appling.
     When Anderson spoke from the witness stand, he said he was in Lake City at the time of the suspected murder, where he was with his girlfriend. For some unclear reason, he admitted telling Appling to meet him at a place where he knew his “Uncle Wayne” (Gerhardt) would be.
     As more of the story unfolded, Anderson said there was an older uncle of his who had commented on Facebook in a rude manner about how he felt when seeing a picture Appling posted by herself on Facebook.
     Testimony and printed texts showed she simply ignored those types of comments from that type of man.
     After being tricked into going to Gerhardt, Appling returned to Valentine’s clearly upset. And yet, she appears to have been lured into a second meeting, according to testimony.
      Among the various taped interviews with Gerhardt, he says a couple of times that night he paid her $60 to masturbate him.
     Dixie County Detective Sgt. Terry Barcia and Florida Department of Law Enforcement Special Agent April Glover of the Live Oak FDLE office work to obtain search warrants for electronic records.
     With other officers of the FDLE and DCSO, as well as with Capt. Scotty Douglas of the Gilchrist County Sheriff’s Office, they find the grave, recover the body, and obtain strong evidence to show Gerhardt’s actions.
     Rather than shooting her in the head with a rifle, as Thomas M. Coyne, M.D., Ph.D. of the Medical Examiner’s Office showed, Gerhardt contends he shot a squirrel who came back to life.
     Dr. Coyne, like other expert witnesses, shared information to reflect a long and impressive history in his profession.
     As part of his testimony, which included some graphic pictures and descriptions, he said the bullet was not fire right next to the skull, and that it would have caused an “instantaneously fatal” impact on the brain.
     After some of his description, one woman observing in the galley left the courtroom.
     The jurors probably heard the testimony. The press which was forced to sit at the back of the courtroom could not hear, nor would a relatively reliable tape recorder, pickup 100 percent of the testimony.
     Judge Feagle went beyond the normal rule for allowing photographers. When a weekly newspaper owner in Dixie County Joey Lander of the Dixie County Advocate complained to Feagle that his newspaper wanted to have a still photographer in the courtroom, Feagle allowed two still photographers on Thursday (Feb. 12).
     Meanwhile, Court TV provided video to a Gainesville TV station, because in this circuit, one of 20 judicial circuits in Florida, only one of the large TV cameras is allowed in the courtroom. The E.W. Scripps Co. has sold the Court TV network to Law&Crime, a legal content operation founded by Dan Abrams and owned by Jellysmack. That deal was announced on Tuesday (Feb. 10).
     The closing statements are set to happen tomorrow.
     Then, the jury will deliberate and vote to say whether the Third Judicial State Attorney’s Office, by using the evidence brought forth as a result of extensive and impressive work by the FDLE, the DCSO, the GCSO and the Medical Examiner’s Office proved Gerhardt is guilty of first-degree murder, or lesser included offenses, and-or tampering with evidence.
     If the prosecution fails to meet the level of proof demanded by that jury, then Gerhardt will maintain his innocence from those accusations, and he will return to live with other people who are not incarcerated – because he will have been acquitted.
     If the jury fails to reach an agreement of being proved guilty or maintaining innocence, then it will be “a hung jury,” or deadlocked jury.
     That happened when a jury cannot reach a unanimous (or required supermajority) decision on a verdict after extended deliberation. This results in a mistrial, often requiring the case to be retried with a new jury or potentially dismissed by the prosecution. 

Conclusion nears
for first-degree murder trial

The Honorable Third Judicial Circuit Court Judge Mark Feagle speaks to potential jurors Tuesday morning (Feb. 10).

Story and Photos By Jeff M. Hardison © Feb. 9, 2026 at 1:45 p.m.
Updated Feb. 11, 2026 at 8 p.m.
All Copyrights Protected By Federal Civil Law
Do Not Copy and Paste to Social Media or Elsewhere
     CROSS CITY – The 15 people are selected, with 12 of them as jurors and three alternate jurors.
     As of Wednesday, both the prosecution and the defense had made their opening statements. Much of the prosecution's side had been completed by the end of action Wednesday.
     The jury will decide if a man is guilty of killing a teenage girl in a premeditated manner with a firearm, as well as tampering with evidence, according to records.
     Jury selection began on Monday (Feb. 9), and the judge allowed one TV camera for all television stations, and as of Tuesday and Wednesday (Feb. 10 and 11), one still photographer from the media was allowed.
     The Honorable Third Judicial Circuit Court Judge Mark Feagle is presiding over this case.
      Of the 600 potential jurors who were commanded to appear on Monday to serve as jurors, only 233 showed up, according to Dixie County Clerk of the Court Barbie Higginbotham said.
    The turnout for this trial was slightly better than usual, she said. In Dixie County, about 25 percent to 30 percent of those summoned for jury duty actually appear in court.
     The people who showed up on the two days and were not selected each will receive a $15 gift card for each day. Some employers do not give their workers a day’s pay if they show up for jury duty.
     Florida law shows that a person who is summoned for jury duty but fails to attend without a valid excuse may be required to pay a fine. This fine cannot exceed $100. Additionally, the court may view the failure to appear as contempt of court.


Third Judicial Circuit Assistant State Attorney Jarrett Keith Thomas (left) speaks with Third Judicial Circuit State Attorney John Durrett during a break in jury selection between 9:30 and 10:30 a.m.


Attorneys speak with The Honorable Third Judicial Circuit Court Judge Mark Feagle during what is known as a sidebar conversation. No one in the audience or jury box can hear what is said. These are confidential, immediate discussions at the bench to resolve evidentiary disputes or procedural questions with the judge.


Defense attorney Robert Davis Baker III walks back to the table where his client is sitting. In the background Dixie County Sheriff Darby Butler is speaking with Capt. Tim Roberts.


As Third Judicial Circuit Assistant State Attorney Jarrett Keith Thomas (right) introduces the prosecutorial team, Third Judicial Circuit State Attorney John Durrett (left) and Third Judicial Circuit Assistant State Attorney Caleb Currie are standing with their colleague.

     On Tuesday, Judge Feagle allowed one person to not be considered for service on the jury, because she is a sole care provider for her a sick, disabled or an aged spouse. She told the judge she could not get a doctor to write a note about this, because she goes to a different doctor than her husband.
     The key automatic excuses and exemptions (upon request/proof) from jury duty in Florida, including persons responsible for the care of a sick, disabled or an aged person, like the woman who was excused from jury duty Tuesday, are:
     ● Individuals 70 years of age or older.
     ● Parents not employed full-time with custody of a child under 6 or under 10 (depending on jurisdiction).
     ● Expectant mothers or those who have given birth within the past six months.
     ● All full-time federal, state, or local law enforcement officers or investigators.
     ● Those who have served on a federal jury panel within the past two years.
     ● Full-time students between 18 and 21 years old.
     Common Disqualifications (not allowed to serve) are:
     ● Convicted felons whose rights have not been restored.
     ● Individuals currently under prosecution for a crime.
     ● A person who is not a United States. citizen or who is not a resident of the county, in this instance – Dixie County.
     ● Sitting judges, clerks of court, the governor, or lieutenant governor.
     The man who is facing trial is accused of the highest degree of crime.
     Waymore Nelson Gerhardt was 19 when he was arrested three years ago in January of 2023 for murder and other crimes. Since then, he has been incarcerated without bond.
     He now faces the charges of first-degree murder while armed, and tampering with physical evidence, according to records.
     Other initial charges of kidnapping, aggravated child abuse and use of a two-way device while in the commission of a felony were dropped by prosecutors, according to records. 
     Although the highest penalty for first-degree premeditated murder is the death penalty, the state has taken that off the table as a possibility if Gerhardt is ruled to be guilty.
     Gerhardt is the primary suspect in the October 2022 murder of 14-year-old Demiah Jade Appling in Dixie County. 
     Appling disappeared from her Old Town home on Oct. 16, 2022. Her body was discovered in December of 2022 in a wooded area of Gilchrist County.
     Third Judicial Circuit Assistant State Attorney Jarrett Keith Thomas is on the team of prosecutors of Gerhardt, according to records. Others present and introduced as members of this team are Third Judicial Circuit State Attorney John Durrett and Third Judicial Circuit Assistant State Attorney Caleb Currie.
     Serving as Gerhardt’s defense attorney is Robert Davis Baker III, and others, according to records. Baker is from The Florida Office of Criminal Conflict and Civil Regional Counsel (OCCCRC).    Joining him on the defense team, according to records, also from the OCCCRC are attorney John Lyon Broling, attorney Samantha Maybury and attorney Kayla E. Kafka.
     The Florida Office of Criminal Conflict and Civil Regional Counsel is a state agency created in 2007 to provide court-appointed legal representation to indigent persons in criminal conflict cases, dependency proceedings, and civil cases. It serves as a public law firm when the public defender has a conflict of interest, ensuring legal defense for various criminal and civil matters, including appeals and post-conviction motions.
     There is one elected state attorney and one elected public defender in each of Florida’s 20 circuits. In this case, the elected state attorney is Durrett.
    In the two cases to be decided by the 12-member jury, the State of Florida alleges that Gerhardt shot Appling in the head. He is also accused of trying to destroy evidence, including blood and DNA, to impair the investigation, according to records.
     This trial has faced multiple delays, according to records.
     Keith Anderson (Gerhardt's nephew, who was 15 at the time of the crime) was also arrested. He is 18 now, and he pled guilty to tampering with evidence and agreed to testify against Gerhardt in exchange for seven years of probation, according to records. 
     Gerhardt has pled not guilty to both charges.
     The jurors will hear facts and evidence presented by the prosecution. If the state proves beyond and to the exclusion of reasonable doubt that he is guilty, then the jury is instructed to vote that Gerhardt is guilty of the crimes. If the state fails to meet its burden of proof, according to the jury’s collective judgment, then it must vote to say he is not guilty of the crimes alleged against him.
     A jury must make its decision based only on the evidence presented in court as it applies to the law as instructed by the judge. Jurors are sworn to exclude outside information, personal opinions, and bias, focusing entirely on testimony, exhibits, and stipulated facts. 
     As the jurors listen to the days of trial information, they are not to conduct any research on the cases, nor are they to speak with anyone about the case or read anything about or watch anything on TV or the Internet.
     They are not to speak with family members, friends or anyone about this case.
     As the judge said on Wednesday, until they are released, the witnesses are sequestered -- much like the jury -- until an attorney tells them they have completed their duties as witnesses.

Hazardous material mishap
at solid waste transfer site
severely injures innocent bystander
By Jeff M. Hardison © Feb. 6, 2026 at 12:45 p.m.
All Copyrights Protected By Federal Civil Law
Do Not Copy and Paste to Social Media or Elsewhere
     CROSS CITY – While every detail was not shared during the Thursday meeting of the Dixie County Board of County Commissioners on Thursday (Feb. 5), at least one man was hospitalized due to an accident involving chemicals at a solid waste transfer site in Dixie County.
    On Jan. 21, one dumpster with five barrels of two different types of acid was brought to the transfer site, according to what was said at the meeting.
     Some of the two fluids became mixed, which caused a noxious gas to be put into the air at the site.
     A man who was depositing solid waste at the site, other than being an employee of the county or part of the company that hauled the hazardous waste to the site, became so affected that he had to be hospitalized. He reportedly is having difficulty breathing as well as experiencing some difficulty with his vision.
     Dixie County Attorney Chana Watson said preliminary research has shown county officials exactly from whence the hazardous fluids came and were brought and deposited at the solid waste transfer site.
     “So that person,” Watson said, “if that’s the case, will ultimately be the one we go after.”
     She was referring to a circuit civil court action by the victim if this came to be.
     “We may have to go through the hauler to get there,” she continued, “including the hauler, because the hauler is the one who brought it to us. But then, the hauler, it is my understanding, again (Dixie County Solid Waste Director) Tim (Johnson) has documented everything, but it was only one can from my understanding. It was roll back, right?”
     “Roll back,” Johnson replied.    
     Dixie County Commissioner Mark Hatch said he does not want to forget the man who was injured.
     When Commission Chairman Hatch spoke about the matter, he said he is extremely grateful for the response by Dixie County Fire-Rescue, the Dixie County Sheriff’s Office and the hazardous material response team. He said they were exposed to the danger at the scene as well.
     Johnosn confirmed that as Hatch said, the stie had to be closed, and then employees were sent home, only to have to return later when the danger was mitigated, and to work overtime to catch up with the demand for solid waste transfer services.
     Hatch said the man “spent multiple nights in the hospital.”
     It could have been worse, he added.
     “We dodged a heck of a bullet,” Hatch said. “Tim talked to the hazmat people. That should have been a hole in the ground out there (created by the material).”
     Hatch said hazmat professionals said the incident could have resulted in “quite a few fatalities.”
     Hatch asked County Attorney Watson and staff to keep track of the county’s losses from this incident as well as to track the recovery of the innocent bystander who was hurt there.
 

Levy County Commission
seeks to switch attorneys 

Levy County Manager Mary-Ellen Harper, with Interim Levy County Attorney Evan Rosenthal of the Nabors, Giblin & Nickerson law firm of Tallahassee sitting in the background, request the County Commission to switch firms to GrayRobinson of Gainesville.

Story, Photos and Video © Feb. 4, 2026 at 5 p.m.
All Copyrights Protected By Federal Civil Law
Do Not Copy and Paste to Social Media or Elsewhere
     BRONSON – On a 4-0 vote, the Levy County Board of County Commissioners voted Tuesday morning (Feb. 3) to switch attorney firms for a trial period of up to six months, while at the same time continuing to run requests for proposals for a new county attorney or a firm to serve as an independent contractor in that role.
     Interim Levy County Attorney Evan Rosenthal of the Nabors, Giblin & Nickerson law firm, based in Tallahassee, was present at the meeting.
     Attorney Stephanie Marchman of the GrayRobinson team of attorneys, advisors and consultants based in Gainesville, was present at the meeting as well.


In this video, Terry Witt of Bronson, asks during the public comments part of the meeting, some questions, and the County Commission and the interim county attorney answer those questions. He asked his questions after the vote to switch attorneys was cast. Click on the PHOTO to see and hear the video.

     On a motion by Levy County Commissioner Charlie Kennedy, seconded by Commissioner Desiree Mills, the 4-0 positive vote to Kennedy’s motion was by Kennedy, Mills, Commissioner Johnny Hiers and Commission Chairman Tim Hodge. County Commissioner Rock Meeks was absent.
     One key element in switching to GrayRobinson from the Nabors, Giblin & Nickerson was the need for an attorney to drive from Tallahassee rather than to drive from Gainesville. Former Levy County Attorney Nicolle M. Shalley, who was fired without notice or warning, lives in Levy County.
     Attorney Shalley now is part of the team of attorneys at Folds Walker Attorneys At Law, which is the firm that serves as the attorney of record for the City of Williston, and others.
     Levy County Manager Mary-Ellen Harper noted in her justification for approval by the County Commission of the request, as noted on the agenda and supporting documents, that the County Commission terminated the previous county attorney’s employment on Oct. 21, 2025. (To see one of the stories about that, click HERE). https://hardisoninkarchive.wordpress.com/wp-content/uploads/2025/10/10-21-25-levy-county-commission-fires-county-attorney-in-3-2-vote-.pdf
     The firm Nabors, Giblin & Nickerson was selected as the Interim County Attorney on Nov. 4, 2025 (approximately 90 days ago), Harper noted. The agreement with that firm was for 90 days to start.
     The request for Levy County legal services was scheduled to be issued during the last week of January, with proposals due back by the end of February, Harper said. It is reasonable to anticipate that the County Commission will complete the review process and be positioned to select a new county attorney in March or April (potentially an additional 60 days), Harper said. 
     Nabors, Giblin & Nickerson have served Levy County for 90 days as interim county attorney with distinction during this transition, Harper said.
     Due to that firm being based out of Tallahassee, they are not interested in serving as the permanent county attorney, Harper said, but they are willing to continue to provide litigation and other services as needed by Levy County. 


Levy County commissioners (from left) Johnny Hiers and Desiree Mills, and Chairman Tim Hodge and Vice Chairman Charlie Kennedy are seen as they listen to information about the potential change of attorneys.


Attorney Stephanie Marchman of the GrayRobinson team of attorneys, advisors and consultants based in Gainesville, speaks to the County Commission.

     GrayRobinson proposes to serve as interim county attorney for up to six months. GrayRobinson currently serves as one of Levy County’s contracted firms to resolve labor and employment legal issues.
     Harper noted that GrayRobinson is willing to submit a proposal to serve as the permanent Levy County attorney.
     The adopted motion by Commissioner Kennedy notes the agreement with Nabors, Giblin & Nickerson to serve as interim county attorney is terminated, and it authorizes Levy County Manager Harper to sign a letter of engagement so that GrayRobinson serves as the interim Levy County manager.
     His motion shows the switch is effective on Feb. 3 although the transition is to be complete within 30 days.
     Commissioner Mills commented, before voting in favor of the motion, that Levy County appreciates the service provided by Nabors, Giblin & Nickerson.
     The interim agreement with GrayRobinson is for up to six months, although the county is still accepting proposals from other law firms or individual attorneys.

196^th Performance

Key West Kevin performs the HardisonInk.com jingle at the Driftwood Bar & Grill on Jan. 24. The bar and grill was a cornerstone for the 2026 Tour of the Towns, which was organized by the Withlacoochee Gulf Area Chamber of Commerce to help business interests in Inglis and Yankeetown. This was filmed on Saturday (Jan. 24, 2026). Jeff M. Hardison asks people to sing the jingle, and some of them agree to sing it. (Thanks people!) CLICK ON THE PICTURE ABOVE TO SEE AND HEAR THE VIDEO ON YouTube.com. The very first person to sing the jingle was Danesh “Danny” Patel of Danny’s Food Mart in Chiefland in March of 2013. HardisonInk.com started as a daily news website on Feb. 1, 2011.
Photo and Video by Jeff M. Hardison © Jan. 24, 2026 at 7:30 p.m.
All Rights Reserved - Do Not Copy And Paste Anywhere Else