Miami Herald, Glazer upped the charge against Gilbert from second-degree murder to first-degree murder based on actions that appeared to show intent.“It looks like he defiled the body by doing other things to the victim,” Glazer said.Glazer said a judge would likely also address a current probation violation against Gilbert, who has a history of convictions for various violent and non-violent crimes.
According to a police arrest report, Dos Passos arrived at the Miami City Ballet around midnight on April 21 and lay down on the steps to sleep.Surveillance video near the ballet hall reportedly captured Gilbert arriving and surveying the area.
He then retrieved a metal pipe, approached Dos Passos, and repeatedly beat her head and face with the pipe while she slept. Gilbert was seen on surveillance video disposing of the pipe allegedly used to kill Dos Passos in a trash bin.
Police later retrieved the pipe.A ballet employee discovered Dos Passos’s body at 6:45 a.m. She was pronounced dead at the scene.Her body was partially covered by a sweater, and two wooden sticks had been placed into her nostrils, with one stick exiting her face just over her right eye, while the other appeared lodged in a nose cavity.