Judge denies defense’s motion to give Patrick McDowell new penalty phase, still no sentencing date

YULEE, Fla. — A Nassau County judge has denied a motion for a new penalty phase for cop killer Patrick McDowell.

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Judge James Daniel, who presided over the case, officially denied the motion on Tuesday.

McDowell admitted to killing Deputy Joshua Moyers during a traffic stop in 2021.

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At the end of the penalty phase for his case in April, a jury recommended the death penalty for McDowell by an 11-1 vote. Florida law only requires 8 to recommend death.

At the time, McDowell told the jury he did not deserve to live.

“For that, I shot him, and I left him there to die. I do not deserve to live a long life in a place full of people who praise and revere me as a cop killer,” said McDowell.

Read: Defense attorneys for Patrick McDowell make one final plea to keep him off death row

Despite this, McDowell’s defense team filed 2 motions on May 24 asking for a new penalty phase and imploring the judge to have mercy and grant McDowell life in prison, arguing that he’s a different person today than the night he killed Moyers. In the state of Florida, judges can overturn jury recommendations for the death penalty, but the power is rarely used.

The judge has yet to schedule a date to announce his decision on McDowell’s sentence.

Action News Jax will continue to follow the story and will update you as we learn more.

Read: Facing the death penalty: Patrick McDowell penalty phase begins

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