Nassau County: Jury recommends death for Patrick McDowell
After deliberating for approximately 3 hours Thursday afternoon, the jury recommended by a vote of 11-1 that McDowell be sentenced to death.
In early 2023, Patrick McDowell pled guilty to killing Nassau County Sheriff’s Deputy Joshua Moyers.
This month, the case proceeded to a penalty phase on the first-degree murder conviction.
Before trial, McDowell, through his attorneys, challenged the application of Florida’s 2023 capital sentencing scheme to his case. The Court denied his motions, ruling that the 2023 statute applies to McDowell’s trial.
McDowell took the stand during the penalty phase. Later, at the close of evidence in the penalty phase, against his attorneys’ advice, McDowell asked the Court to reopen evidence to allow him to take the stand to read a statement to the jury, recognizing in open court that his doing so could increase the likelihood of the jury recommending the death penalty. A video of McDowell’s conversation with the Court regarding his decision and of him reading the statement is available from First Coast News here. McDowell told the Court that he had to read the statement for moral reasons.
Introducing his statement, McDowell said that his intent was to provide clarity to the jury. He said in part:
This is not a plea for sympathy or for my life. … I deserve what I gave him. … This is a plea for justice. … I don’t want to die, but why should what I want matter? … I don’t want your mercy, and I definitely don’t deserve it. I can’t take away the pain I’ve caused, but I can pay for it. So make me pay for it.
The trial then continued with closing arguments before the case was submitted to the jury.
After deliberating for approximately 3 hours Thursday afternoon, the jury returned a recommendation of death by a vote of 11-1. Before bringing the jury into the courtroom to announce its verdict, the Judge informed the audience of the jury’s options in the penalty phase, saying in part:
[T]he jurors are faced with a binary choice. There will either be a sentence of life without parole or eligibility for the imposition of the death penalty requiring an additional hearing before this Court. There is no in between.
A video of the jury’s verdict being read is available from News4Jax here. The jury unanimously found that the State proved beyond a reasonable doubt all 5 aggravating factors.
The full jury verdict form can be accessed here.
Under Florida’s 2023 capital sentencing statute, the trial court has the discretion to impose a sentence of LWOP rather than death despite the jury’s recommendation. Sentencing is scheduled for May 2, 2024.
At a press conference following the jury’s verdict, Nassau County Sheriff Bill Leeper was very thankful and seemingly satisfied with the outcome, calling McDowell a “cop-killing evil person” who “deserves to die a violent death.” He called the outcome a “message” to others that they will “pay the price” if they “shoot a police officer.” A video of the press conference is available from News4Jax here.
The jury unanimously agreed with the 5 aggravating factors but one juror did not vote in favor of death?