The man who pleaded guilty to shooting and killing Nassau County Sheriff’s Deputy Joshua Moyers will now have to wait until next year to learn whether he lives or dies for the crime.
Patrick McDowell appeared in a Nassau County Courtroom Wednesday on Zoom while his defense attorney argued Florida’s new death penalty law is unconstitutional.A motion reads, “The State of Florida has dismantled safeguards that protect against the imposition of unconstitutionally arbitrary death sentences in violation of the Eighth Amendment.
“This has to do with over-punishing someone for a crime,” Action News Jax Law & Safety Expert Dale Carson explained. “As far as the eight-member decision, it’s easier to obtain than a 12-member decision in favor of the death penalty.” McDowell’s attorney argued because the crime was committed before the new law went into effect, his penalty phase should be held to the unanimous jury requirement.Body cam video shows arrest of woman who helped man accused of killing Nassau deputy Joshua Moyers
Of the 27 states with the death penalty, only three others besides Florida don’t require unamity. Alabama allows a 10-2 decision. Missouri and Indiana let a judge decide when there is a divided jury. Deputy Moyers was gunned down by McDowell during a traffic stop in 2021 which led to a five-day manhunt. He was found at a local baseball field after deputies said he was hiding out inside a concession stand.A judge decided Wednesday to delay the penalty phase to April 2024 to give the Florida Supreme Court time to make a decision on the constitutionality of the state’s new death penalty law. It was previously scheduled for September.
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