Markel and his wife were allegedly going through a bitter divorce and custody battle

By Steve Helling and Jeff Truesdell
Updated September 13, 2016 06:00 PM
Credit: Florida State University College of Law

Newly-released police documents allege that the brother of the ex-wife of Dan Markel, the Florida State professor fatally shot execution-style in 2014, should be considered a suspect in his death.

However, State Attorney Willie Meggs disagrees, and dismissed the allegation as “speculation.”

In May and June, authorities arrested and charged Sigfredo Garcia, 34, and Luis Rivera, 33, in Markel’s death. Both have pleaded not guilty, and are scheduled to be tried together in November.

But in probable cause affidavits obtained by PEOPLE, local investigators allege the killing was not random and have pointed a finger at Charlie Adelson, the brother of Markel’s ex-wife, Wendi Adelson. The affidavits list Charlie Adelson and his alleged ex-girlfriend, Katherine Magbanua, along with Garcia and Rivera, alleging that the four are “responsible for the murder of Daniel Markel.”

The affidavits state Markel and Wendi Adelson were going through an acrimonious divorce and custody battle, and that Magabanua is the mother of Garcia’s children. They allege Magabanua began receiving checks from the Adelson family’s dentistry practice after the murder – and that Rivera and Garcia purchased several cars and motorcycles.

The affidavits also allege that Charlie Adelson had previously looked into hiring a hitman. The affidavits also analyze phone records between the two suspects in custody and the Adelson family.

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State Attorney Refuses to Move Forward Against Ex-Wife’s Brother

State Attorney Meggs has refused to move forward against Charlie Adelson, saying that while their guilt is a possibility, it cannot be proven.

“My opinion after reading those documents is there is no probable cause here to make an arrest,” Meggs told the Tallahassee Democrat. “We kind of believe they were involved according to the police. But what we believe and what we think doesn’t count. What evidence do we have?”

“When you read this stuff, you say ‘these people had him killed.'” he continued. “I don’t read it like that. How do we prove this? How do we prove what this officer believes, or thinks or suspects? What witnesses do we have for that purpose?”

Charlie Adelson’s lawyer commended the prosecutor’s decision.

“Mr. Meggs has spent the past 40 years as a prosecutor, with 30 years as State Attorney, and before that was a decorated police officer,” attorney David Oscar Markus tells PEOPLE in a statement. “He is one of the most experienced State Attorneys in the nation and he knows probable cause when he sees it. We are thankful that he faithfully and honorably fulfilled his duties and did not approve this document, which amounted to no more than simple speculation after a truly exhaustive investigation.”