Lake County jury recommends death by vote of 10-2 for Joshua McClellan
On Friday, Sept. 1, a Lake County jury recommended (by a vote of 10-2) that Joshua McClellan be sentenced to death for a murder that occurred in 2017 when he was 19 years old.
Joshua McClellan was arrested and charged with first-degree murder (and another count) in 2017 for the murder of Rubye James (92), a retired school teacher. The crime occurred just before his 20th birthday. McClellan’s co-defendant, Krystopher Laws, pleaded guilty in 2020 and was sentenced to life in prison.
Court Rules 2023 Statute Applies
When the crimes at issue occurred, Florida’s capital sentencing statute required a jury’s unanimous recommendation for death. After Gov. DeSantis signed Florida’s new capital sentencing statute in April, the State filed a Motion asking the Court to modify the jury instructions that would be used at McClellan’s trial to follow the new statute—i.e., lowering the jury recommendation requirement to 8-4.
Similarly, the defense filed several motions seeking to preclude application of the 2023 statute.
On December 28, 2022, the trial court held a hearing on the parties’ pre-trial motions. Ultimately, as indicated in Orders entered Aug. 10, the trial court ruled that the new statute would apply to McClellan’s trial. On August 10, the trial court denied the defense’s Ex Post Facto Motion (pictured above) based on the Fifth District Court of Appeal’s decision in Hunter and Victorino. (More on that decision here.)
In a separate Order, the trial court summarily denied the defense’s other motions and denied the State’s motion as moot. Here’s the full list:
The defense also filed a motion to stay McClellan’s trial pending the Florida Supreme Court weighing in on the constitutionality of the new statute, which the trial court denied on July 13.
Trial
McClellan went to trial in Lake County in late August. He is now 26.
After the guilt phase, the jury found McClellan guilty of first-degree murder.
The penalty phase began August 29. The defense made a motion to declare a mistrial based on use of testimony during the penalty phase that, the defense argued, was inadmissible. The trial court denied the motion in an Order on Friday.
Also on Friday, according to news reports, the jury recommended a sentence of death by a vote of 10-2.
The verdict form is not posted on the docket.
Under the 2023 capital sentencing statute, the judge still has the discretion to impose a sentence of life in prison without parole. Sentencing has not occurred yet and is scheduled for September 11 at 1:30 p.m. A private plea negotiation conference is scheduled for September 5.