JACKSONVILLE, Fla. — (Editor's Note: The video above is from a previous story dated April 9, 2021.)
The theory that Russell Tillis’ brother was involved in the grisly murder Tillis was convicted of last week created a legal opening for his attorneys.
In court Tuesday, Tillis’ attorneys argued the death penalty is no longer appropriate because the state believes that his brother may have actually killed 30-year-old Joni Gunter.
A jury convicted Tillis of first-degree murder, kidnapping and abuse of a dead human body during what is known as the “guilt phase” of the trial. The penalty phase, at which the jury will decide if Tillis should receive a sentence of life in prison or death, starts Wednesday.
In order to reach a death verdict, the jury must agree on the existence of at least one “aggravating factor.” In this case, the state has alleged five aggravators, including that the murder was “cold, calculated and premeditated, and that it was “heinous, atrocious and cruel.”
Story continues below.
However, Tillis’ attorneys argued that if the state truly believes his brother, Claude Tillis, committed the murder, those aggravators cannot apply “vicariously.”
Claude Tillis has not been charged with any crime. Prosecutors say it is unlikely any charges would ever be brought against him since their only witness is Russell Tillis himself.
A motion filed Monday quotes Assistant State Attorney Alan Mizrahi telling jurors:
“This is hard to say: the defendant Russell Tillis and the State are in complete agreement that Claude Tillis is guilty of First-Degree Murder. Claude Tillis is guilty of First-Degree Murder as a principal because he had a conscious intent that this act be done, and he helped his brother do it.'
The motion continues:
“Because of the State’s arguments and lack of jury finding there is no information available indicating whether the jury found Mr. Tillis guilty of Premeditated First Degree Murder and Felony First Degree Murder as the actual killer or the principal to Claude Tillis’ crime.”
First Coast News reached out to Claude Tillis after Mizrahi’s statements last week, but he did not respond to requests for comment. His son, Claude Tillis Jr. dismissed the state’s allegations against his dad as "not true."
The motion says that while alternative theories are permitted when seeking a conviction, they are not sufficient to support a death sentence.
Circuit Judge Mark Borello denied the motion.
The penalty phase of the trial begins Wednesday morning at 9 am.
Prosecutors plan to call two former alleged Tillis victims as well as Joni Gunter’s grandmother and sister, who will give victim impact statements. Tillis’ lawyers said they will call a mix of experts and civilians to testify.
The case is expected to go to the jury around midday Thursday for deliberations.