ST. AUGUSTINE, Fla. – The jury that convicted James Colley Jr. of murder in the shooting deaths of his estranged wife and her best friend must now decide if the state should put Colley to death for those crimes.
When the penalty phase of Colley's double murder trial begins Monday in St. Johns County, prosecutors will make their case for the jurors to recommend a death sentence. Florida law says such a recommendation must be unanimous. If it's not, Colley will be sentenced to life without parole.
Colley, 38, was found guilty Wednesday of two counts of first-degree murder, two counts of attempted first-degree murder, two burglary counts and a count of aggravated stalking in a 2015 shooting rampage that left his wife, Amanda Colley, and her friend, Lindy Dobbins, dead.
During the trial, the defense initially planned to argue that Colley wasn't guilty because of involuntary intoxication. But his attorneys withdrew that argument after the prosecution rested.
Colley's defense will be using that strategy during the penalty phase instead to convince jurors that Colley shouldn't be executed for the murders.
Colley was on medications for panic attacks and depression at the time of the rampage, according to the defense, and they'll be calling a medical expert to testify to the effect those drugs, including Ambien, can have on a person.
The state wanted Circuit Judge Howard Maltz to exclude that testimony during the penalty phase, but Maltz denied that motion Friday, saying the defense's expert can take the stand.
Jacksonville defense attorney John Holzbaur, who is not connected to the case, said it's not surprising the defense is revisiting the intoxication strategy.
“Sure, now that we're in the penalty phase, which is a whole new phase, the defense is going to seek to explore that,” Holzbaur said. “There is a list of mitigating factors that the jury is going to weigh during the penalty phase. One of those is specifically legitimate medical conditions that the defendant may have been suffering under to cause extreme emotional disturbance.”
Along with the four planned victim impact statements, Holzbaur said he expects the state to bring up the injunction Colley's wife had against him when he killed her.
“Specifically stated in the statute under aggravating factors is … was the defendant under an injunction? And he was,” Holzbaur said. “The defendant expressly failed to follow the injunction to avoid contact with the victims in this case.”
Loved ones of Dobbins, Amanda Colley and shooting rampage survivor Rachel Hendricks, who recounted the harrowing day during her testimony, said they are pleased Colley was convicted but they are anxious for the penalty phase to be over. Several have expressed their hope that Colley will be sentenced to death.
Colley, who exchanged “I loves yous” with his family members after Friday's hearing, should learn the jury's recommendation for his sentence by the end of next week.
If the jurors recommend death, Maltz will make the ultimate decision, likely at a later date.