Articles Posted in Marion County

The state of Florida’s death sentence policy is quite different than any other state’s version. Florida is the only state that gives the jury the power to recommend the death penalty or life in prison, which is decided by a majority vote. The judge can consider the recommendation, but ultimately does not have to agree with the results of the jury vote.

On Tuesday, the State Attorney’s Office announced its plan to seek the death penalty in an Ocala, Florida case involving a 31-year-old man accused of murdering two children and two women, one of whom was the mother of his 2-year-old son.

The man, currently a high security inmate at the Marion County Jail, was arrested on Aug. 5 and charged with five counts of first-degree murder and arson of a dwelling.

The four individuals were found shot to death inside a home that was allegedly set on fire. The children, 6 and 8, were found in a back bedroom, the women, 27 and 52, were found near the front door.

The 27-year-old woman was supposedly dating the man accused of the quadruple murder. She allegedly arrived at the home on Aug. 5 with her three children in a white Jeep, when she supposedly went inside the house and left the children in the car.

One child told detectives that there was a loud bang, followed by the woman’s collapse. She was supposedly dragged inside the home and the door was closed. A short time later, flames erupted from the house.

The children remained in the Jeep until neighbors got them out.

The man was indicted by a grand jury at the end of August.

When a person is charged with a capital crime in the state of Florida, a grand jury will determine whether or not the case moves forward to trial. The Florida Supreme Court defines a grand jury as “an investigating, reporting, and accusing agency of the Florida Circuit Court.” During a grand jury trial it is determined whether or not there is probable cause to believe the accused has committed a capital crime.

Currently, Florida has several capital crimes, including:

• First-Degree Murder

• Felony Murder

• Capital Drug Trafficking

• Capital Sexual Battery

If a grand jury decides that there is enough evidence against a person accused of a capital crime to proceed to formal trial, then that person will progress to a Florida circuit court where a separate jury will establish if the person is actually guilty of the crime charged. Someone convicted of a capital crime in Florida faces the possibility of life in prison or the death penalty.

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One of the defendants allegedly involved in the death of a 15-year-old Belleview, Florida teen is allegedly incompetent to stand trial.

The 38-year-old man’s lawyer supposedly told a judge in a brief pre-trial conference on Wednesday that a psychiatrist asserts the man is unfit to stand trial for the charges of accessory to first-degree murder.

He is accused of helping dispose of the body and enabling one of the suspects to evade arrest by driving him to Starke.

The teenager was allegedly murdered in April by a group of young people ranging in age from 15 to 20.

The lawyer supposedly would not disclose the nature of the man’s condition.

The judge reportedly asked prosecutors to schedule a competency hearing, according to the Ocala Star Banner. After the hearing the judge will decide whether the man is actually unfit or fully competent to face a trial.

It is unknown when the competency hearing will take place.

The accused is currently free on bond.

Criminal behavior has been found to have a direct link to psychological, psychiatric, or mental health in some cases. Defendants with such illnesses or issues must receive specialized attention because their needs can often go undetected in a legal system run by police, prosecutors and judges who are not equipped with the knowledge needed to detect their disorders.

Within the last decade, mental illness has become widely recognized as a gateway to criminal behavior. While the criminal justice system can be intimidating for a defendant who does not have mental issues, a criminal defendant with a mental illness can find the system practically unmanageable unless they have guidance of legal counsel who can understand and display to the court their unique position.

At Whittel & Melton we work with psychiatrists, substance abuse specialists, psychologists and other mental health experts so that we can assist with any special needs you and your loved ones may have. By working with trained professionals, our attorneys can pinpoint any underlying health issues and establish the best method to settle a criminal matter. We can help condense possible exposure to criminal consequences by addressing special circumstances. We seek a long-term solution that will benefit the accused as opposed to a quick fix solution implemented by the prosecution that may actually hinder behavioral health progress.

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