SEMINOLE COUNTY, Fla. – The Seminole County State Attorney’s Office has filed two counts of second-degree murder against the man accused of killing two brothers in a fiery crash in Casselberry.
Prosecutors announced Wednesday they plan to seek life sentences.
Investigators say Marquavious Tayvon Wheaton, 26, sped away from deputies who attempted to pull him over on July 7 before the deadly crash on U.S. Highway 17-92 near Sunnytown Road.
Aerial helicopter video from the Seminole County Sheriff’s Office captured Wheaton weaving through heavy noon-hour traffic at speeds exceeding 100 mph, running red lights and driving on the wrong side of the road. Prosecutors say the footage is key evidence in their case.
“Alright, just went under the toll plaza still northbound, pushing about 100, 90,” a deputy is heard saying in the helicopter video.
“Still high rate of speed. He’s weaving in and out of traffic,” another transmission states.
Wheaton is accused of broadsiding a vehicle carrying Christopher Marier, 42, and Tyler Marier, 40 — killing them both. Christopher’s 14-year-old son, Ben Marier, spoke to News 6 about the loss.
“I just want people to see how great — really great — he was. And my uncle, he’s one of the kindest, one of the funniest guys I’ve ever met,” Ben said.
State Attorney William Scheiner said the evidence shows Wheaton acted with a depraved mind and corrupt disregard for the lives and safety of others — the legal standard required for a second-degree murder conviction in Florida, a stronger charge than vehicular homicide or third-degree murder.
“We want him off our streets and out of the community for good,” Scheiner said. “He knowingly risked countless lives before ending two in the blink of an eye. The victims and their grieving families deserve our best effort at justice.”
Wheaton survived the crash and was transported to Orlando Regional Medical Center for minor injuries. He has been held without bond since his release.
“You will be held at no bond,” a judge told Wheaton at his first appearance.
Records show Wheaton was on probation at the time of the crash. He also faces a separate violation-of-probation action in Seminole County that could reopen his original case — and result in additional long-term imprisonment.
According to the arrest warrant, SCORE — the Seminole Collaborative and Opioid Response Effort — agents had been conducting surveillance on Wheaton’s black BMW due to his criminal history, which included armed trafficking of more than 4 grams of fentanyl. The initial stop attempt was triggered by unlawful window tint on the vehicle.