Sarasota County, FL: Heftier murder charge could lead to death penalty

Police say evidence shows killing of ex-girlfriend was planned


By Todd Ruger

Published: Saturday, September 12, 2009 at 1:00 a.m.
Last Modified: Friday, September 11, 2009 at 8:35 p.m.
SARASOTA COUNTY - A grand jury indicted a Venice man on first-degree murder charges Friday, opening the door for prosecutors to seek the death penalty for a shooting that left two dead.


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Myers
Police say David Myers, 66, shot his ex-girlfriend in the face at her home in June, then shot her three more times and shot her boyfriend several times.

The murders have several elements that often lead prosecutors to seek the death penalty, including evidence that police say shows Myers took extra steps in planning the shooting.

Myers had cash in his pocket and, according to reports, had been reading a book called "Hide Your Assets and Disappear," leading detectives to wonder whether he planned to hide or dispose of the bodies and take off if given more time.

Instead, neighbors of Maureen Modlin called the Sheriff's Office to report Myers was at her home when he was not supposed to be there because of an ongoing feud over property.

Deputies found Myers there along with the bodies of Modlin and her boyfriend, Michael Lee Bistranin. Prosecutors could also argue Myers killed Bistranin to conceal the murder of his ex-girlfriend.

First-degree murder is the only charge that carries the possibility of a death sentence if convicted. Myers was previously charged with second-degree murder, which carries up to a life sentence in prison if convicted.

Prosecutors now have 15 days to file a notice if they intend to seek the death penalty. The notice is filed as part of a procedure for cases that have elements that might make the death penalty appropriate, Assistant State Attorney Lon Arend said.

But no decision has been made about whether the state will seek the death penalty against Myers, Arend said.

Modlin took out a restraining order against Myers and they battled for years in court over the property.

Myers lost ownership of the property in 2005 when a court declared that a quitclaim deed Myers signed in 2002 as part of a loan agreement made Modlin and her mother the legal owners.

Modlin foreshadowed her own death in a petition to a judge for a restraining order, writing that Myers would "kill me just to get me out of the house."