NASSAU COUNTY, Fla. – The attorney for Patrick McDowell filed a motion for a change of venue on Monday in an attempt to move his client’s sentencing trial to another county.
McDowell pleaded guilty to shooting and killing Deputy Joshua Moyers during a traffic stop in 2021. Prosecutors are seeking the death penalty and his sentencing is currently set for April.
McDowell had a hearing set for Thursday afternoon, where the defense said it located its last witness and a disposition will be done. The change of venue argument wasn’t discussed Thursday but it should come up during a motion hearing on Monday.
Judge James Daniel said he’s more confident that jury selection will begin no earlier than April 4 -- unless the change of venue motion is granted.
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Media coverage of the 5-day search for McDowell, including inflammatory statements made by the sheriff is the primary reason given for requesting the move.
“So, we gave him that opportunity. He came out of the bathrooms, we had him get down on the ground and crawl. He crawled like a baby like the coward he is...I wish he would have given us an opportunity to shoot him. But he didn’t. He crawled out like a coward,” Nassau County Sheriff Bill Leeper told the media following McDowell’s arrest.
The motion also mentions that people in Nassau County have made t-shirts and other items that feature images of McDowell during his arrest.
MORE: Man accused of killing Nassau County deputy arrested near Callahan after 5-day search
A survey of potential jurors in Nassau County found there is a significant case-specific bias.
“Based on the information presented herein, it is clear that a fair and impartial jury cannot be seated in Nassau County or in any other county within the Fourth Judicial Circuit or anywhere in the Northeast Florida area where media penetration has been pervasive and persistent since the date of the incident herein,” the attorney wrote in the motion. “The constant negative publicity which has been reinforced through print and electronic media has caused the general state of mind of residents of Nassau County and surrounding counties to be so infected by knowledge of the tragedy and accompanying prejudice, bias, and preconceived opinions that juries could not possibly put these matters out of their minds and try the case solely upon evidence presented in court.”
Last month, McDowell’s attorney also asked the judge to limit the amount of law enforcement officers who can be present in the courtroom during sentencing hearings.
The lawyers argued that a large presence of law enforcement officers during the sentencing hearing creates an “unacceptable risk of prejudice” and would be a violation of McDowell’s fundamental constitutional rights to a fair sentencing hearing, due process of law and equal protection of the law. It would also greatly increase the likelihood that the death penalty would be imposed, his lawyers said.