NASSAU COUNTY, FLORIDA, Fla. — The attorney for Nassau County cop killer Patrick McDowell has requested an edit to jury instructions, as he prepares to face the penalty phase of his trial.
McDowell pleaded guilty to killing Deputy Joshua Moyers in March 2023. He shot Moyers in the back and the face on Sept. 23, 2021 -- he later died from his injuries.
McDowell had several previous arrests and had served jail time in Georgia. His father spoke to First Coat News a month after the crime, detailing McDowell's trauma during his deployment to Iraq, which he believes let him down a dark path. His mother also spoke about his PTSD, saying he never got help and he "wasn't himself" the day of the crime.
The state is seeking the death penalty for first-degree murder.
During a penalty phase, a jury hears the case and votes to make a "recommendation" to the judge. The judge can choose not to follow the jury's recommendation when they sentence the defendant.
However, in a filing submitted by attorney Charlie Cofer, McDowell's legal team requests that any time "recommend," "recommendation," or "recommending," is used in the jury instructions, it be changed to a variation of "decide," citing that the original phrasing might make the jury feel like their decision is less important.
In death sentence cases, jury instructions for the penalty face often do refer to the jury's actions as "deciding." Cofer asks that the closing paragraphs, which refer to the jury's actions as "recommending," be edited.
The filing says that though the judge's ability to override the decision is "not relevant to the jury's decision," and the jury does not need to be told.
"The 'recommendation' language risks diminishing the jury's sense of responsibility for their decision that death is the appropriate penalty by telling them that their death decision is not final," the filing reads. "Defendant acknowledges that the instruction is an accurate statement of Florida law, but there is no relevant reason to give the jury that information."
There are other cases in Florida where it has been deemed legitimate to make these changes.
McDowell's next court date has not been decided. A judge has not responded to this filing.