Defense team to make final plea for Nassau County deputy assassin not to face death sentence

NASSAU COUNTY, FL. – Patrick McDowell and his attorneys will be back in Nassau County Court Monday for what is known as a Spencer hearing before he is sentenced.

In April, a jury voted 11-1 to recommend McDowell's death sentence.

He pleaded guilty to shooting and killing Nassau County Deputy Joshua Moyers during a traffic stop in 2021.

McDowell is not expected to be sentenced tomorrow. But at a typical Spencer hearing, the defendant's attorneys would present additional evidence that hasn't yet been heard in hopes of convincing the judge to overturn the jury's death penalty recommendation and to impose a life prison sentence.

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News4JAX spoke with a local defense attorney who explained that in McDowell's case, this Spencer hearing is likely more about ensuring his due process rights are respected.

This September will mark the third anniversary of Deputy Moyers' death during a traffic stop while on duty.

On Monday, defense lawyers will make their last effort to spare the life of his killer.

Gene Nichols is a defense attorney unaffiliated with the case.

“Once the jury makes its recommendation in a death penalty case, the defendant has an additional chance to try to argue in court that the sentence should not be the death penalty,” Nichols said .

No additional evidence should be presented at this hearing, but rather pleadings. Throughout his sentencing trial, McDowell's defense attorneys focused on:

• Military service

• Documented post-traumatic stress disorder due to combat

• Drug addiction

RELATED | Drug use, PTSD and military service influenced Patrick McDowell's state of mind the night he killed his deputy, expert says

They repeated those arguments in papers filed last month. We are definitely asking for a whole new penalty phase.

READ | Defense team files motions to try to keep Nassau County deputy murderer off death row

Nichols said one thing that might come up during Monday's hearing are comments McDowell made on the stand, which said in part:

“I can't take away the pain I've caused, but I can pay for it. So make me pay for this.

Watch McDowell's full statement in the video below:

Nichols said that could pose a challenge for McDowell's lawyers.

“Because of the statements he already made at the sentencing hearing, which were basically 'put me to death,'” Nichols said. “This puts his defense team in a very delicate position. And then that just gives them the path forward, there must be a mental health reason why he took the position he does. Whether there is or not, we will potentially hear it at the hearing.

Nichols said it's “incredibly rare” to see a case in which a judge overturns a jury recommendation.

“Judges will generally want to side with the jury, especially in a case like this. This has happened in the past, but for such a high number, and based on the evidence presented in this case, we had a sentencing hearing and everything has gone well so far. I would be very surprised if the court overturned this death sentence,” Nichols said.

The Spencer hearing, which is not expected to last long, will begin at 9 a.m. in Nassau County.