Accused Seminole Heights serial killer's defense goes after evidence from 2017 arrest

The trial for accused Seminole Heights serial killer Howell Trae Donaldson is set for August, but his defense team is now going after evidence against him. 

Donaldson‘s defense said he was unlawfully arrested at the McDonald's restaurant where he worked back in November 2017. Because of that, they are now asking Tampa Judge Samantha Ward to throw out all the evidence that was collected from it. 

Donaldson is accused of causing terror and panic in Seminole Heights back in October 2017. Prosecutors said he gunned down four innocent people who happen to be walking alone.

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Benjamin Mitchell, Monica Hoffa, Anthony Naiboa and Ronald Felton were randomly targeted, and the State is now seeking the death penalty against Donaldson. 

Prosecutor Scott Harmon told the court during a hearing that Donaldson’s gun is linked to all four murders. 

"The victims are all shot with the exact same firearm," said Harmon. 

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But, depending on the judge's ruling, that ballistic evidence and more may never be heard by the jury. 

Prosecutors said in their written response to the defense's request that everything was done by the book. They said once detectives realized they had no grounds to arrest Donaldson, he was told several times by investigators, "you are free to go."  

They said Donaldson agreed to talk to police anyway and later consented to a lot more. 

READ: Tampa judge keeps death penalty in accused Seminole Heights serial killer case

"Detectives obtained the defendants oral and written consent to conduct searches of his gun, cell phone and his vehicle," they wrote. 

Prosecutors went on to say the searches were legal, and the evidence should remain in the trial.

The judge is expected to hear arguments on this matter on Monday and Tuesday of next week, and she is expected to rule before Donaldson‘s trial in August.