NASSAU COUNTY, Fla. – At a motion hearing on Friday, attorneys on both sides argued over how many jurors it should take to recommend death for Patrick McDowell, the man who pleaded guilty to killing Nassau County Deputy Joshua Moyers in 2021.
The defense for McDowell pushed for a ruling that stipulates that for their client to receive a death sentence, the jury has to unanimously recommend it.
Meanwhile, prosecutors are seeking the death penalty against McDowell. They are asking that Florida’s current death penalty law be applied, which requires an 8 to 4 majority to rule a death penalty sentence.
READ: State attorney response to unanimous jury recommendation motion
Inside the courtroom, McDowell sat beside his attorney and just feet away from Moyer’s family.
McDowell’s Attorney Alan Chipperfield said that his client entered the guilty plea in March 2023 when it required a unanimous decision for the death penalty. The death penalty changed to 8 to 4 majority a month later.
“With Mr. McDowell, when he entered a plea of guilty when the law was 12 to 0 he incurred the death sentence only if a jury voted 12 to 0,” Chipperfield argued.
In September 2021 Florida was required to have a unanimous vote of 12 to 0 for the death penalty.
The current law was signed by Gov. Ron DeSantis in April 2023.
Judge James Daniel agreed this is a complicated argument.
“This isn’t a clear-cut issue,” Daniel said. “It’s not as far as which should apply and there’s a lot of avenues you can look at this from a constitutional standpoint choose me at a statutory standpoint and that concerns me.”
Prosecutor Mark Caliel with the State Attorney’s Office disagreed and argued this is simply about procedure.
“None of the aggravating circumstances have changed only the procedural method that is utilized by the courts and the jury in reaching a recommendation in your honorable court as to what an appropriate punishment is in this case,” Caliel said.
Judge Daniel did not make a decision on Friday but it could come as soon as the beginning of March.
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.
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 sentencing trial is currently slated to start April 5.
