NASSAU COUNTY, Fla. – The process began Friday to select the jurors who will decide whether to recommend the death penalty for the man who killed Nassau County Sheriff’s Office Deputy Joshua Moyers.
In a ruling earlier this week, Judge James Daniel said the jurors won’t have to come to a unanimous decision. Patrick McDowell’s attorneys had argued against Florida’s current rule that only an 8 to 4 majority is required to recommend the death penalty. But Daniel said that is the standard that will be used for McDowell’s case.
McDowell pleaded guilty to shooting and killing Moyers during a traffic stop in 2021.
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Jury selection started Friday with the 1,200 potential jurors going to court to fill out a questionnaire, which will probe them on what they know about the case, how they feel about the death penalty, and whether they can put aside pre-conceived notions about McDowell’s background prior to hearing any testimony. The process is set to continue Monday morning.
California-based consultant group Trial Innovations was selected to conduct telephone surveys to residents of Nassau County regarding the case. The surveys consisted of questions determining respondents’ support of law enforcement, potential prejudgment toward McDowell, media exposure to the case, and their support or opposition to the death penalty.
In its final report dated Feb. 27, 2024, the group listed hundreds of open-ended responses from the surveys. While some of the respondents said they knew merely the basics of the case, many of the responses expressed sympathy for Moyers and his loved ones.
One survey participant told the researchers, “I know Deputy Sheriff Joshua Moyers and he was a really good person.”
Other responses were harsh toward McDowell. One person said, “I feel the deputy did his job and McDowell is a menace.”
Others expressed concerns over McDowell’s mental health and documented issues with Post-Traumatic Stress Disorder from his service in the Marine Corps. One person said, “He’s a veteran who had severe PTSD and wasn’t getting help.”
Another responded, “I think Patrick McDowell needed help before this happened as a veteran and he did not get that help. He made a tragic decision and Josh paid the price for it.”
READ: Full results of McDowell telephone survey in Nassau County
Mental health is expected to be at the forefront of this sentencing trial. McDowell’s attorneys have named dozens of witnesses to testify on his behalf, including his young son, other family members, doctors, and friends from his time in the military.
Jury selection is expected to take a while, and opening statements are tentatively scheduled for April 15. News4JAX will be inside the courtroom and provide updates.
Due to the major law enforcement connection to the case, McDowell’s attorneys have asked the court to put a cap on the number of law enforcement officers who can be present in the courtroom and around the courthouse during the trial.
As of Friday morning, we do not see any rulings from the court about the law enforcement cap.
Deadly shooting
Moyers, 29, pulled McDowell over for a “routine traffic stop” in Callahan in September 2021. McDowell, who was driving a stolen van, had a woman with him.
RELATED: Timeline of events following shooting of Deputy Joshua Moyers, leading to arrest of Patrick McDowell
Video from Moyers’ dash cam shows the moments leading up to the shooting. McDowell shot Moyers twice—once in the face and once in the back. The woman who was with him escaped and called 911.
RELATED: Traffic stop to trauma scene: Desperate efforts to save Deputy Joshua Moyers revealed in reports
What followed was an intense manhunt. People in the community were on edge as the search extended several days. Dozens of law enforcement agencies came to Nassau County to help. During the manhunt, officers and McDowell exchanged gunfire. He was injured. So, was a K-9 -- who later recovered.
After several days, McDowell was captured hiding out in a restroom at a ballfield. Deputies used Moyers’ handcuffs to arrest him.
Moyers is survived by his parents, brother, and fellow deputies at the Nassau County Sheriff’s Office. He was also engaged to be married.
