WFTV Channel 9 News interviewed Orlando criminal defense lawyer and television legal analyst Jose Rivas recently about the case of a DeLand father accused of destroying evidence connected to his son’s murder charge. Rivas, an Orlando accessory after the fact lawyer not involved in the case, said prosecutors face a narrower path to conviction than the headlines suggest, because everything hinges on what Daytron Etkins knew, and when he knew it, about the double shooting his 17-year-old son is accused of committing.
Etkins, 41, is charged with one count of accessory after the fact, the crime of helping someone evade arrest after a crime has occurred. Under Florida Statute 777.03, that charge can carry a year in county jail up to 30 years in state prison, depending on the underlying crime. Because this case involves two deaths, Etkins faces the harsher end of that range.
According to a 14-page affidavit, investigators say Etkins retrieved the handgun his son, Keyan Rundell, allegedly used to kill two people in DeLand. A confidential source told police that Rundell called the shooting self-defense, left the gun behind, and later returned with his father to collect it. DeLand police say home surveillance video shows Etkins carrying the weapon and burning clothing on a backyard grill, footage that led to his arrest and a $100,000 bond. He was set to appear before a Volusia County judge this week, according to records tracked through the Volusia County Clerk of Court.
What an Orlando Accessory After the Fact Lawyer Wants You to Know
Rivas said the case is not as open-and-shut as the surveillance footage might suggest. “There’s no reason to believe that he conspired to commit the crime,” Rivas said. “We’re not seeing any evidence that shows he had knowledge or involvement prior to the allegation of the crime being committed.”
That distinction, conspiring beforehand versus helping afterward, is central to how Florida defines the crime. To convict Etkins, prosecutors generally must prove:
- A felony was committed by the person the defendant is accused of helping
- The defendant knew that a felony had already occurred
- The defendant knowingly assisted that person afterward
- The defendant intended to help the person avoid arrest, trial, or punishment
Rivas said the strength of the case comes down to what Etkins believed after the shooting, not just what the video shows. “In order to be charged with accessory after the fact, you have to have knowledge that a crime has been committed,” Rivas said. “If you reasonably believe that it was self-defense, the state is going to have a much harder time convicting him.”
There is also a wrinkle that could work against Etkins. Florida generally shields close relatives from accessory after the fact charges, but that protection applies only to lower-level felonies, not murder or other capital and first-degree offenses. A father is not off the hook simply because the person he allegedly helped is his own son.
Penalties for Accessory After the Fact in Florida
An accessory after the fact charge tied to a murder case is typically a second-degree felony, punishable by up to 15 years in prison, probation, and a $10,000 fine. Rivas said prosecutors may find it easier to pursue tampering with or fabricating physical evidence instead, a third-degree felony under Florida Statute 918.13 that carries up to five years in prison.
Either way, jail time, probation, and a felony record are realistic outcomes, even for someone who never touched a weapon or witnessed the crime. That is why anyone contacted by detectives about someone else’s Florida murder charges should talk to a lawyer first.
How an Orlando Criminal Defense Lawyer Can Help You
Cases like this one show why families need a defense attorney the moment police start asking questions, not after an arrest. An Orlando criminal defense lawyer can review affidavits and footage before the state attorney’s office finishes building its case.
The Rivas Law Firm has represented Central Florida clients in cases ranging from gun charges in Florida to matters handled by a juvenile criminal defense attorney for accused teens. A criminal defense lawyer in Orlando with a track record of success can negotiate a favorable outcome, whether that means a reduced charge, a diversion program, or a dismissal.
Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A.
Frequently Asked Questions
What is the penalty for accessory after the fact in Florida?
It depends on the underlying crime. Helping someone avoid arrest after a murder can be charged as a second-degree felony carrying up to 15 years in prison, while cases tied to lesser offenses may only be misdemeanors, which is why an Orlando accessory after the fact lawyer looks closely at the facts before advising a client.
Can a parent be charged for helping a child avoid arrest in Florida?
Yes, in certain situations. Florida’s family exemption protects relatives who help with lower-level felonies, but it does not extend to murder or other capital and first-degree crimes.
Do I need to hire a defense attorney if I am charged with accessory after the fact?
Yes. These cases usually come down to what you knew and when you knew it, so a criminal defense lawyer in Orlando can start challenging the state’s evidence of your knowledge and intent from day one.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.