On September 19, 1998, Robert Quesnel and Maurice Levy hid in a darkened alcove next to the Domino’s Pizza located at the corner of Southside and Baymeadows, and waited for Mark Swatzell and his store manager to leave for the night. Armed with a gun, Quesnel robbed the store manager as he was walking out of the Dominos with the night’s deposit. Quesnel then turned his attention to Mark, who ran from the scene afraid for his life. Quesnel caught up with Mark and a struggle ensued. Mark pleaded for his life and begged not to be shot and killed because he had a wife and child. Despite these pleas, Quesnel fired multiple shots and killed Mark in the middle of a darkened parking lot.
In July 2000, Tatiana Salvador, a former prosecutor and now an attorney with Rogers Towers, tried and convicted Quesnel for first degree murder and armed robbery. Quesnel was subsequently sentenced to two terms of life in prison. In the trial, codefendant Maurice Levy testified against Quesnel and was sentenced to 11 years in prison for his participation as a principal in the murder of Mark Swatzell and the robbery of the Domino’s manager.
The family of Mark Swatzell initiated a civil suit against the owners of the strip mall where the Domino’s was located. Chris Hazelip, an attorney at Rogers Towers, represented the Swatzell family in the civil case that was ultimately resolved to the satisfaction of the parties.
On May 6, 2003, in conjunction with Law Week, the Young Lawyers Section made a presentation on the companion Swatzell murder and civil cases to over 100 juniors and seniors at Wolfson High School. This real life case offered an opportunity to educate the students on both the criminal and civil systems, and their differences. The program included a nuts and bolts description of the criminal trial process by Tatiana Salvador and Refik Eler, defense counsel for Quesnel. Tim Costlow, a juror in the murder trial against Quesnel, spoke to the students about his experiences, the importance of the jury to our criminal justice system and what an honor it was to serve in that capacity. Chris Hazelip spoke about the civil system and specifically the role of mediation in resolving civil disputes. Several members of the Swatzell family were also present and they shared how Mark’s murder has affected their lives and reminded the students about the impact their actions can have on others.
The program included discussions on the differences in the burden of proof in civil and criminal cases; the widespread use of mediation in civil cases; and the unique experience of participating as a juror in a high profile criminal trial. As hoped, the students were very engaged by the topics and had more questions than the time allotted for the program allowed. The students were encouraged to pursue their interest in the law and future careers in the legal profession. The program was a tremendous success and Wolfson has already asked that the Young Lawyers return next year for a similar event. The Young Lawyers would like to thank all the participants and, in particular, our Law Week chair, Tatiana Salvador, for their efforts in making this worthwhile project a success.