BREAKING: Life verdict for Jerry Burns in Duval County
This afternoon, the jury voted 10-2 that Burns be sentenced to life in prison without the possibility of parole (LWOP). The Judge must impose a sentence of LWOP.
On Friday, December 13, a Duval County jury convicted Jerry Burns of first-degree murder related to his wife’s stabbing death in May 2019. (You can read more about the conviction from News4Jax here.)
The State sought the death penalty against Burns. Before trial, in December 2023, the defense filed two motions challenging Florida’s capital sentencing scheme as unconstitutional for various reasons.
The defense also filed several motions specifically challenging the application of Florida’s 2023 capital sentencing scheme:
In January 2024, the trial court entered an Omnibus Order denying most of the defense’s motions. However, the Court took under advisement the defense’s motions related to the application of Florida’s 8-4 capital sentencing scheme.
On November 25, 2024, the trial court entered an Order denying the defense’s motions challenging the application of Florida’s 2023 capital sentencing scheme, establishing that the 8-4 standard applied to Burns’ case.
After the jury convicted Burns of first-degree murder, the penalty phase began on Monday, December 16. (The video from the first day can be found here.) The penalty phase continued on Tuesday, December 17 (video below), and the jury went out to deliberate around lunchtime.
Around 3 p.m., the jury returned. At 3:09 p.m., the Clerk read the jury’s sentencing recommendation. The jury unanimously found both of the aggravating factors beyond a reasonable doubt. The jury then voted 10-2 that Burns be sentenced to life in prison without the possibility of parole (LWOP). (This post will be updated with the jury’s verdict form when it’s available.)
Based on Florida’s capital sentencing statute, the Judge must impose a sentence of LWOP.