SEMINOLE COUNTY, Fla. — A man accused of driving recklessly and fleeing law enforcement before a crash in Casselberry that killed two brothers, including a University of Central Florida professor, made his first appearance before a judge Friday afternoon.
Marquaious Wheaton is charged with violating his felony probation and faces several new felony charges in connection with the Tuesday crash that killed brothers Christopher and Tyler Marier.
During the first appearance, a judge informed Wheaton of his charges, which include two counts of vehicular homicide and two counts of third-degree felony murder. And the judge denied any bond for Wheaton based on his charges, so he will remain in custody.
Seminole County Sheriff’s Office aerial video shows what authorities say is Wheaton driving recklessly on U.S. 17-92 through Casselberry on Tuesday afternoon. Investigators said he was sometimes driving at speeds of more than 100 mph before crashing into the vehicle the Marier brothers were in.
Court documents show law enforcement agencies were conducting surveillance on Wheaton when investigators began following him on State Road 417.
Wheaton is charged with violating his felony probation tied to a 2019-armed robbery conviction. He served four years in prison in that case.
Criminal defense attorney Jonathan Rose, who is not involved in the case, said the probation violation alone could carry serious consequences, including decades in prison.
“Based on what we know about it — if all that bears out, what’s been alleged — proving a violation of probation with a judge in circuit court in pretty much any county in Florida would be like shooting fish in a barrel for an experienced prosecutor,” Rose said. “It would not be hard.”
The State Attorney’s Office said since Wheaton was released from prison three years ago, he was arrested twice in Seminole County on suspicion of drug possession and trafficking.
In both cases, prosecutors could not file charges because of insufficient evidence, according to the office. In one of those cases, prosecutors cited an improper police search of Wheaton’s vehicle.
“It’s probably a pretty clear constitutional violation,” Rose said. “I understand people thinking they’re letting these criminals out on the streets, and they’re not enforcing laws. No, they very much want to prosecute this kind of thing, but they only have the evidence they have.”
On Friday, flowers were left at the crash site on U.S. 17-92 as people continued to remember Christopher Marier, a UCF professor, and his brother, Tyler.
Also at his first appearance, Wheaton was offered access to a public defender. He is due back in court Aug. 24 for the probation violation case and Aug. 25th for the new felony charges.