The attorneys for a man who pleaded guilty to killing a Nassau County deputy in 2021 are set to argue in court that Florida’s newest death penalty law is unconstitutional.
Patrick McDowell, who admitted to shooting Nassau County Deputy Joshua Moyers, is set for trial in the penalty phase in September. Prosecutors are seeking the death penalty.
McDowell’s attorneys have filed two motions the judge must address before the penalty phase can begin.
A status conference in the case is being held Wednesday morning and streamed live on News4JAX+ and News4JAX.com. Press play above to watch live.
One motion is for the state’s old rule for handing down a death sentence to be in place instead of a new law that was passed back in April.
As it stands, Florida’s newly updated death penalty law requires only an 8-4 jury vote. When McDowell was initially charged, a jury had to be unanimous in sentencing a person to death. The attorney’s motion is for the previous law requiring a 12-0 recommendation to apply.
His attorneys argue in the motion that the state got rid of safeguards that would protect against arbitrary death sentences and Florida’s Supreme Court abandoned fair reviews in death penalty appeals.
McDowell shot Moyers twice during an early morning traffic stop on U.S. 301 on Sept. 23, 2021. Moyers, 29, died from his injuries on Sept. 26, 2021.
McDowell was arrested following a five-day manhunt and later pleaded guilty to the shooting and also to other charges stemming from that search, including injuring a police dog and eight charges of aggravated assault against law enforcement officers.
The State Attorney’s Office said a challenge to the new law has already been filed with the 7th Circuit Court of Appeals and denied by the 5th Circuit Court of Appeals.
Judge James Daniel acknowledged, “It’s not optimal, as far as having some certainty” as to what the outcome will be. The last thing anyone wants, he said, is to go through a penalty phase and then have to do it twice.