NASSAU COUNTY, Fla. – Patrick McDowell’s attorneys made one last push in court Monday morning to keep the man who pleaded guilty to killing a Nassau County deputy off death row.
But it might be an uphill climb to sway the judge, considering McDowell himself encouraged jurors to recommend the death penalty for him during his sentencing trial in April.
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The jury obliged with an 11 to 1 vote to recommend a death sentence for McDowell, who admitted to gunning down Nassau County Deputy Joshua Moyers during a traffic stop in 2021.
On Monday, McDowell and his attorneys, along with prosecutors, were back in court for what’s known as a Spencer hearing. It’s the last chance for attorneys to present evidence to the court in hopes of swaying the judge to set aside the jury’s death penalty recommendation and impose a life sentence.
McDowell was not sentenced on Monday. Typically, the judge will take time to consider the arguments and set a later date for the sentencing.
Gene Nichols, a local defense attorney not affiliated with the case, explained that it is “incredibly rare” to see a case where a judge sets aside a jury recommendation.
“Judges will typically want to side with a jury, especially in a case like this. It has happened in the past, but for a number that strong, and based upon the evidence that came out in this case,” Nichols said. “I’d be very surprised for the court to overturn this death sentence.”
McDowell’s attorneys also have to contend with his own statements during the sentencing trial, including “I can’t take away the pain I’ve caused, but I can pay for it. So make me pay for it.”
“Because of the statements that he already made in the sentencing hearing, which in essence was, ‘put me to death,’” Nichols said. “It puts his defense team in a very awkward position. And then it really only gives them the route of, there must be a mental health reason why he has taken the position that he has. Whether there is or not, we’ll potentially hear that during the hearing.”
Watch McDowell’s full statement in the video below:
Woman sentenced as accessory
A Jacksonville woman accused of trying to help who pleaded guilty to accessory after the fact for trying to help McDowell escape capture was sentenced Monday, following McDowell’s hearing.
Breiana Tole was in communication with McDowell during the multi-day manhunt and was arrested when she drove to the sports complex where he was hiding, intending to help him escape.
Tole was sentenced to three years in prison, followed by three years of probation. She was given credit for 980 days served in jail since her guilty plea. That means she only has about three months of prison time to serve.
