NASSAU COUNTY, Fla. – The hearing for the man who pleaded guilty to shooting and killing Nassau County deputy Joshua Moyers in September 2021 was held Monday. Prosecutors are seeking the death penalty.
The sentencing trial is still set for April.
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The list of witnesses registered to testify at Patrick McDowell’s sentencing trial has grown to over 40. In a document recently filed in Nassau County court, McDowell’s defense attorneys added the names of four people to speak on his behalf. That now includes McDowell’s 13-year-old son.
McDowell was not in the courtroom Monday, but as a potential sentencing trial inches closer, his attorneys are calling on more people to speak.
The list of witnesses includes McDowell’s 13-year-old son, who lives out of state, two childhood friends, and a friend who served with him in Iraq.
Those four join several others on the list including Nassau County deputies, McDowell’s father, and psychologists.
After shooting Moyers, McDowell was on the run, leading to a multi-day manhunt in Nassau County.
Breiana Tole pleaded guilty to accessory for trying to help get McDowell out of the area and escape arrest she is also on the list to testify.
Also at issue in McDowell’s case is how the standard for jury recommendation for the death penalty would be applied. McDowell’s attorneys have filed a motion for him to be sentenced under the previous law that required a unanimous jury vote.
Under current Florida law, the death penalty only requires an 8-4 majority.
The defense on Monday also told Judge James Daniel that it will be filing a motion for a change of venue, so a separate hearing will be needed for that motion.
Both sides are still working through depositions of witnesses, and there are dozens. The defense is having trouble getting hold of a VA psychologist who evaluated McDowell more than 12 years ago when he was in the Marines. The state wants its own psychological expert to examine McDowell.
