NASSAU COUNTY, Fla. – The man who pleaded guilty to killing Nassau County Deputy Joshua Moyers will be back in court for a hearing on Monday. Prosecutors are seeking the death penalty.
Monday’s hearing is a status conference for attorneys to see where things stand at this point in the case against Patrick McDowell. As a potential sentencing trial inches closer, more people are being deposed by attorneys.
To give you an idea of how complex this case has become, an amended court document shows the state will depose several people, many of whom live out of state. Some from as far away as Washington state.
That includes friends from McDowell’s time in the Marines, childhood friends, McDowell’s father, and his 13-year-old son, to name a few. Breiana Tole, who pleaded guilty to accessory for trying to help get McDowell out of the area and escape arrest, is also on the list to testify.
It’s been a long time since McDowell has physically been inside a courtroom, but his case is still moving forward behind the scenes.
The main question is how the standard for jury recommendation for the death penalty would be applied. McDowell’s attorneys have filed a motion for a death sentence against him to require a unanimous jury recommendation, which was the law at the time McDowell fatally shot Moyers.
Under current Florida law, a death penalty recommendation only requires an 8-4 majority. The Supreme Court has yet to rule on the new law.
The issue of McDowell’s post-traumatic stress disorder from deployment has come up several times since Moyers’ murder. And the state says it wants to do its own psychiatric evaluation on McDowell. Dozens of people have been named as potential witnesses to speak at his sentencing trial once it does happen.
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After shooting Moyers, McDowell went on the run, leading to a manhunt in Nassau County that lasted days.
As of now, McDowell’s sentencing trial is expected to start in April at the earliest. His defense attorneys said at some point, they plan to file a motion for a change of venue, which means asking for the sentencing trial to be moved somewhere else.
Monday’s hearing is set for 1 p.m.