NASSAU COUNTY, Fla. – It’s been nearly three years since Nassau County Deputy Joshua Moyers was fatally shot during a traffic stop. Prosecutors are seeking the death penalty against Patrick McDowell, who pleaded guilty to Moyers’ murder.
MORE: Traffic stop to trauma scene: Desperate efforts to save Deputy Joshua Moyers revealed in reports | LISTEN: Recording of Nassau County Deputy Joshua Moyers when he pulled over his accused killer Patrick McDowell | WATCH: Video shows moments before Nassau County deputy is gunned down during traffic stop
The case against McDowell has progressed slowly in court largely due to questions over what jury recommendation standard should be followed.
There’s a possibility an answer could come soon, as McDowell is expected back in court Friday afternoon alongside his attorneys for a motion hearing.
McDowell’s attorneys are pushing for a ruling that stipulates that for their client to receive a death sentence, the jury has to unanimously recommend it. That was the standard when McDowell committeed the crime.
Prosecutors disagree. In a 14-page document filed this week, the state attorney’s office has asked the court to reject the defense’s request and apply Florida’s current death penalty law, which requires a lesser 8 to 4 majority.
READ: State attorney response to unanimous jury recommendation motion
The current law was signed by Gov. Ron DeSantis last April. In the document, prosecutors highlight that date as being a full month before McDowell’s attorneys filed their motion requesting the unanimous jury, among other legal reasons.
Given the emotional toll Moyers’ murder has had on the law enforcement community, McDowell’s defense team is also looking to minimize the police presence once the sentencing trial gets underway. His defense attorneys are asking the court to put a cap on the number of law enforcement officers inside the courtroom and limit what they wear and where they gather during the sentencing trial.
The defense is also asking the judge to prevent prosecutors from making statements that draw attention to Moyers’ loved ones in the courtroom during the sentencing trial. Specifically, when it comes to evidence.
Dozens of people have been named as potential witnesses to speak on McDowell’s behalf at the sentencing trial including family members, friends, and those who knew him from his time in the Marine Corps.
The sentencing trial is currently slated to start April 5. Friday’s motion hearing is scheduled for 1 p.m.
