NASSAU COUNTY, Fla. – The jury members who will decide the fate of Patrick McDowell -- who killed a Nassau County deputy in 2021 -- will come from Nassau County, Judge James Daniel decided Tuesday.
Or at least that’s where they’ll try to seat a jury first.
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Daniel denied a defense motion for a change of venue but left the possibility open to move the case if they can’t find an impartial jury in Nassau County.
McDowell pleaded guilty to shooting and killing Nassau County Deputy Joshua Moyers during a traffic stop in 2021.
RELATED: Video shows moments before Nassau County deputy is gunned down during traffic stop
Prosecutors are seeking the death penalty against him and the case has received extensive publicity.
In a hearing on the change of venue motion on Monday, the defense presented a survey that showed 85% of Nassau County residents recognized the case, which Daniel said in his ruling wasn’t a surprise, given the level of publicity.
But Daniel said what the survey doesn’t do is translate how many residents “are unwilling or unable to lay aside their impressions or opinions based upon any pretrial information and render a verdict based on the evidence presented in the courtroom.”
The survey found 56% of respondents believe McDowell is definitely guilty and 26% believe he’s probably guilty.
Daniel pointed out that McDowell has pleaded guilty, so that’s not helpful in determining the impact of pretrial publicity.
As for the potential sentence, Daniel noted that 44% of respondents either said they could be convinced he should get life in prison without parole or had no opinion.
Right now, the trial is set to start no later than April 4. The next status conference is on March 28.
In another important issue, there has yet to be a ruling on whether a death sentence for McDowell will require a unanimous jury recommendation or the much lesser 8 to 4 standard. Florida’s current requirement is an 8-4 recommendation from the jury, but the rule when McDowell committed the crime was that all the jurors had to agree for a defendant to receive the death penalty.
Dozens of people have been given notice by McDowell’s attorneys that they may be called to speak on his behalf once the sentencing trial starts.
