Capital Sex Charges Begin
Prosecutors have started filing charges under Florida’s new capital sex statute, which went into effect on October 1.
Prosecutors have started filing charges under Florida’s new capital sex statute, which went into effect on October 1. Under the new statute, certain non-homicide sex crimes against children under the age of 12 carry the death penalty. The 8-4 jury recommendation standard applies to these cases as well. (More on the new statute here.)
While the charges have been filed under this statute, as amended, and the docket lists the crimes as “capital,” section 921.1425(11) makes clear that the State can only seek death under the new statute for crimes that occur after October 1, 2023:
(11) APPLICABILITY.—This section applies to any capital felony under s. 794.011 that is committed on or after October 1, 2023.
Therefore, because the crimes in the cases discussed below occurred prior to that date, section 921.1425(11) indicates that death is not a possible punishment.
For cases in which the death penalty is possible, as in Florida’s primary capital sentencing scheme, the State has 45 days from the date of arraignment to notify the defendants that it intends to seek the death penalty:
If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment.
Manatee County
In Manatee County, a couple (Sierra Campany and Nicholas Bassler) has been charged with capital sex crimes against children between the ages of 10 months and 10 years. Both have been charged under the new capital sex statute.
It appears that Campany’s arraignment was reset for November 3. The date of Bassler’s arraignment is unclear. The docket is not publicly available.
According to the FDLE Sexual Offender registry, Bassler is a registered sex offender based on a 2008 conviction.
Leon County
In Leon County, Omar Wilson has been charged with two counts under the capital sex crime statute. The case was opened in April. The Information dated August 24 indicates that the charges are related to crimes that occurred between 2010 and 2017.
Wilson was arraigned on September 11. The indictment was filed on October 24 and is not publicly available.
Wilson’s first appearance was October 25. The Court Worksheet from the first appearance indicates the charges:
According to the FDLE Sexual Offender registry, Wilson is a registered sex offender based on a 2016 conviction.
All peds needs immediately death instead of sitting on DR for years