Judge: Jurors don’t need to be unanimous to recommend death penalty for man who killed Nassau County deputy

NASSAU COUNTY, Fla. – The jurors who will decide whether to recommend the death penalty for the man who killed Nassau County Sheriff’s Office Deputy Joshua Moyers will not have to come to a unanimous decision.

Patrick McDowell pleaded guilty to shooting and killing Moyers during a traffic stop in 2021.

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McDowell’s attorneys had argued that the current Florida law requiring only an 8-4 majority for jurors to recommend the death penalty was unconstitutional. They wanted the judge to order that the jury would need to unanimously recommend the death penalty.

McDowell’s Attorney Alan Chipperfield also argued that his client entered the guilty plea in March 2023 when Florida law required a unanimous decision for the death penalty. The death penalty changed to an 8-4 majority a month later.

But Judge James Daniel denied the defense’s motion to strike down Florida’s new death penalty law, saying the 8-4 rule does not violate a defendant’s constitutional rights under the Sixth and Eighth Amendments.

Jury selection in McDowell’s penalty phase starts Friday with the 1,200 potential jurors going to court to fill out a questionnaire. Those questions will also include asking for opinions on the death penalty.