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Death Penalty Change Headed To Scott; Local SAO Says Won’t Impact Escambia Cases
March 4, 2016
State lawmakers Tuesday signed off on a measure intended to cure Florida’s death penalty system
Gov. Rick Scott’s aides said he will sign the bill, approved by the Senate in a 35-5 vote after earlier passing the House. The law will take effect immediately once signed by Scott.
The legislation was prompted by a Jan. 12 U.S. Supreme Court ruling, in an Escambia County Popeye’s Chicken murder case known as Hurst v. Florida, that struck down the state’s death-penalty sentencing system as unconstitutional. The decision effectively put the death penalty on hold in Florida.
The legislation on its way to Scott would require at least 10 jurors to recommend death for the penalty to be imposed — a compromise between the House and the Senate, which had originally favored unanimous jury recommendations. Prosecutors, including Attorney General Pam Bondi, pushed for the 10-2 recommendation, arguing that unanimity would allow a single juror to hijack the process. Any vote by the jury that is less than 10 t0 2 will result in the automatic imposition of a life in prison sentence. If the jury recommends death, the judge will still have the option handing down of a life sentence.
State Attorney Bill Eddins said the state is currently seeking a death sentence in 13 cases in the First Judicial Circuit, including six in Escambia County.
“This office believes that each of these cases are still eligible for death under the new law and this office will continue to seek that sentence,” Eddins said. “The state will file notices in each of these cases of its intent to seek the death penalty and the appropriate aggravating factors.”
One of the Escambia County cases in which the State Attorney’s Office is seeking the death penalty is that of accused triple murderer Donald Wayne Hartung (pictured) for the death of his mother and two half-brothers, Voncile Smith, John Smith, and Richard Smith. All three bodies were found on July 31 in their home on Deerfield Drive. All three were beaten with a claw hammer and their throats slit, and Richard Smith was also shot in the head.
The News Service of Florida contributed to this report.
Comments
7 Responses to “Death Penalty Change Headed To Scott; Local SAO Says Won’t Impact Escambia Cases”
Thanks Bill. Theres one statement I can fully support you on.
If Hartung doesn’t fit the bill for Death than nobody does. I dont care about his childhood, his IQ, whether he’s addicted to drugs, or what his religion is.
Even still, don’t pat yourselves on the back either because it still takes longer than a year to carry out sentance. All appeals related to death penalty cases ought to be heard immediately before all others in the name of justice (just us) so that it can truely have a chance as a deterrent.
Onward and upward
or in his case, most likely downward
David for much better people than this
He needs the death sentence. But it will take years to rid his sorry self from the face of this earth. Senseless to kill someone over a handful of money. If he was any kind of descent person, he would have been there helping his disabled mother while the half brothers worked. Absolutely ruthless to cause harm or death to a disabled or elderly person that can’t defend themselves. Sentencing needs to be by a deciding jury. Mr. Hurst – the Popeye’s Chicken killer needs to go with Hartung at the same time. Tired of feeding these useless beings.
@ Mike:
I am a woman and I have absolutely no qualms at all about voting for death in a case that clearly shows that is the appropriate penalty. Don’t stereotype women! Men and women balance each other out, one is not better or more capable than another. From the sounds of your remark, the men would all be voting for death and women for life in prison. Not so, my friend.
If the judges cant get it right, they need to be doing something else…these obvious heinous murder cases need to be expedited and rid society of the scourge…
Hey, Mike – I’m female and I’d pull the trigger on these bums myself right after the trial. Women are fiercer than you think. Especially us country girls.
Lee for Hang ‘em high.
Good. Hopefully most juries in capital murder cases will be 10 men & 2 women, otherwise we are gonna be housing & feeding many murderers until they die. I guess judges no longer are considered competent enough to know the proper sentences to hand down, it will now be in the hands of real legal experts.