POLK COUNTY, Fla. — The Polk County Sheriff's Office has arrested a 28-year-old woman in the death of a man whose body was found in a rural Polk County orange grove on Thursday.
- Heather Tyler arrested in murder of Joseph Witherington
- Victim's body found in a Polk County orange grove
- Tyler accused of shooting man twice in the head
Officials said the body was found in the grove off Mud Lake Road in the unincorporated community of Alturas, between Lake Wales and Bartow, at about 7:45 a.m. Thursday by grove caretakers.
The victim, identified as Joseph Wayne Witherington, 21, of Lakeland, was found inside a blue Kia. Officials said the Kia belonged to a friend of Witherington's who let him drive it often.
Detectives also found a pair of women's flip-flops nearby the vehicle.
Officials said Witherington was shot twice in the head and left in the orange grove.
The investigation led detectives to Heather Tyler who admitted that the flip-flops were hers and that she was with Witherington during that time frame. She told detectives that Witherington came to her house on March 27 and after hanging out for a few hours they drove to a local convenience store and eventually out to 80 Foot Road in Alturas.
According to the report, Tyler gave detectives several versions of events from inside the Kia that evening. However, the evidence and witness statements confirm that Tyler shot Witherington in the head while he was driving, officials said, and then shot him a second time after the car came to a stop.
Afterward, officials said Tyler took Witherington's wallet and fled the scene, leaving behind her flip-flops. She also burned her clothes that had his blood on them.
Officials said Tyler did not give detectives a clear motive for the killing.
"Regardless of Heather's many reasons and excuses, we know that she executed Joseph Witherington by shooting him in the back of the head while he was driving down a dirt road between orange groves - and that is first degree murder and we have charged her accordingly. Clearly the evidence, witnesses, and her admissions confirm that she committed cold blooded first degree murder. Joseph's family and friends are in our prayers. If not for the vicious act by Heather Tyler, he would be alive and well today," Sheriff Grady Judd said.
(Mug shot of Heather Tyler. Courtesy of the Polk County Sheriff's Office)
However, the sheriff's office released an excerpt from the affidavit, and say it is self-explanatory:
During the investigation, your Affiant has established probable cause that Heather Tyler willfully and intentionally shot the decedent in the back area of his head while he was driving a vehicle. Once the vehicle came to a stop, the decedent was incapacitated. Heather Tyler exited the vehicle, opened the front passenger's side door, pointed a handgun at the decedent's head, and shot him a second time. Heather Tyler made a conscious decision to shoot the decedent a second time, although he was incapacitated from the first gunshot wound to the head.
During the incident Heather Tyler committed the offense of 1st Degree Murder in violation of F.S.S. 782.04.
During the investigation, your Affiant learned Heather Tyler tampered with evidence by burning her clothing that she was wearing at the time of the shooting. Heather Tyler said the clothing had blood on them and possible evidence of a homicide was destroyed when she intentionally burnt them. Heather Tyler also removed other evidentiary items from the scene with the intent to destroy them.
Your Affiant has established probable cause that Heather Tyler committed the offense of Tampering with Physical Evidence in violation of F.S.S. 918.13(1) (A)
Tyler has been charged with first-degree murder and tampering with evidence, and grand theft of a firearm. She is being held on no bond.