Appeals court largely backs Florida 2021 election law, overturning federal judge, 6 things to know about the case that will decide the future of abortion in Florida, Defamation bill dead for this Florida legislative session, sponsor says, University official gets prison for defrauding central Florida school. P. 9.142(a)(5). Today, he remains on death row but only following a resentencing, which occurred during the filming of this documentary. WebWayne Charles Doty (born April 12, 1973) is an American double murderer currently on death row for the May 17, 2011 murder of 21-year-old fellow inmate Xavier Rodriguez.. This direct appeal of the judgment of conviction of first-degree murder and sentence of death follows. CourtListener is a project of Free WebDr. At his trial, Doty acted as his own lawyer after a court-appointed psychologist concluded he was competent to stand trial and to represent himself. Id. It's called opening the door, if you will. The Hon. Xavier Rodriguez Lt. Dennis Cauwenberghs said Doty was a good worker but also was perceived as a threat to inmates and guards. VI. Id. After a discussion with the trial court, Doty specifically chose to ask Lieutenant Cauwenberghs whether he believed that Doty would be a future threat in the prison-despite the fact that the trial court, his standby counsel, and the prosecutor all warned Doty that he should not elicit this information. They know what Im talking about. This analysis of the claims raised by Doty's appointed attorney follows. Although Doty's appointed counsel does not raise this issue on appeal, this Court has an independent obligation to review the proportionality of a sentence of death regardless of whether it is raised by a party. WebXavier RODRIGUEZ-LLOVERAS, Scientific Programmer | Cited by 498 | of University of Hamburg, Hamburg (UHH) | Read 33 publications | Contact Xavier RODRIGUEZ-LLOVERAS Doty reportedly had an accomplice, Brian Lewandowski, who stood watch while he robbed the victim. Spencer v. State, 615 So.2d 688 (Fla.1993). At Florida State Prison in Raiford, Doty was a "runner" who distributed meals to inmates and picked up trash and was considered a good worker. Q: The reason I ask you that question, Lieutenant, is because, obviously, I was a runner when this happened, I have been around your officers, as a matter of fact, I've even cleaned up offices where mental health people are, you know, around them, they felt comfortable with me around them, is that correct? The State stressed that it was concerned that Doty was opening the door to prior answers that Doty gave during his confession in which he stated that he could kill again. In return, the runners were given certain privileges. Thus, this Court held that the trial court did not err in instructing the jury on this aggravator, even though the trial court ultimately determined that the aggravator was not sufficiently proven. In an attempt to establish nonstatutory mitigation, Doty called two inmates at FSP to explain why an inmate may attempt to resolve a dispute with another inmate instead of requesting prison officials handle the problem. "!$ZvSIQRh$HPn^)}>8 #NK'#btD9qZH %90: `8j9\>d(e&&tNV"RIK1H6]{: ]N|hctZl>+O"D z4% X~ l*M]\pCORaQXf0[" American double murderer Wayne Charles Doty is now on death row after killing fellow prisoner Xavier Rodriguez, 21, on May 17, 2011. endstream endobj 833 0 obj <>stream Doty also called his biological mother, Mary Cole, who testified that Randall took Doty from her when he was about two years old and she had no way to contact her son and did not see him again until he was fifteen years old, at which time Doty already had a problem with alcohol. Sentenced to life, Doty once attempted suicide at Everglades Correctional Institution, but he received no mental health treatment, court records show. Filed: This article about a Texas politician is a stub. Harvey Hornes son, however, believes that it is because Doty is scared of the prospect of spending the rest of his life in prison. "I've done everything I can do to silence Mr. Wells from contacting the press," he said. The murder charges in the Rodriguez slaying are moving toward trial in Bradford County. The trial court weighed this aggravation against seven nonstatutory mitigating factors: (1) Doty cooperated with authorities and reported the incident (given some weight); (2) Doty was emotionally neglected and abandoned as a child and exposed to physical abuse (given moderate weight); (3) the prison environment is a different environment from life outside of prison and Doty perceived the victim as a threat in that environment (given very little weight); (4) Doty had a diagnostic and mental health history for emotional disorder (given some weight); (5) Doty perceives violent behavior as acceptable (given little weight); (6) the juvenile justice system failed Doty (given moderate weight); and (7) Doty exhibited good conduct throughout the court proceedings (given some weight). Court records state that after inmate Xavier Rodriguez insulted Doty and allegedly stole a package of cigarettes from him, Doty decided to retaliate. Thus, although the trial court ultimately rejected this aggravator, there was no reversible error in the jury being instructed on the aggravator. Despite repeated warnings of the incriminating nature of such testimony, known as "future dangerousness," Doty allowed the officer's testimony and the Supreme Court called it a "strategic decision" by Doty. McCoy v. State, 132 So.3d 756, 765 (Fla.2013), cert. Citing Doty's first-person testimony at the hearing, the court wrote: "He condemned the juvenile system for failing him and noted that you do not grow out of being ignored, rejected, neglected, abandoned and exposed to the violence of watching your father beat a woman.". Doty v. State, No. [2], He served in the United States Army Reserve as an officer from 1983 to 1993 after receiving his commission from the ROTC program at Massachusetts Institute of Technology.[3][4]. I dont want to be in a position where someone might not make it home to their family. An individual has the right to choose their own destiny. the Court. However, an inmate has a choice in the way he dies and in this case, Doty has chosen the chair. Powered by WordPress.com VIP. Best Match Powered by Whitepages Premium AGE 20s Xavier Rodriguez Houston, TX View Full Report Addresses Aurora Mist Ln, Houston, TX Relatives Jesus Q: And have many of them told you, even to this day, while this is going on, has any of them ever told you I would put him back to work in a heartbeat? Doty wrote that Wells, 36, tried to convince him "not to stab the victim, because Wells didn't want to see any blood. 0 . Doty's father, Randall Doty, admitted that after he returned from his military service in Vietnam, he became an alcoholic and was abusive towards women. The trial court rejected HAC but found three statutory aggravating circumstances applicable to the murder: (1) Doty had a prior violent felony conviction (assigned very great weight); (2) the capital felony was committed by a person under sentence of imprisonment (assigned great weight); and (3) the capital felony was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification (CCP) (assigned great weight). To establish the aggravating circumstances it sought in arguing for the death penalty, the State presented evidence that Doty was convicted of a prior violent felony based on a previous first-degree murder conviction for shooting his former employer in the face during a robbery-the crime for which he was imprisoned at the time of this murder. Wayne Doty is currently on death row in Union Correctional Institution in Raiford, Florida. That evening, Doty and Wells carefully watched when the officers made their rounds to determine the best time to kill Rodriguez. To the left is a DOC staff member who will take a phone call directly from the governors office before actually beginning the execution. In a very detailed plea colloquy, the trial court specifically and individually explained the consequences of Doty's plea and apprised him of the various constitutional rights he was waiving as a result. Odontex in Tijuana In Miller, this Court rejected a similar claim that the trial court erred in instructing the jury regarding the avoid arrest aggravator when the trial court later rejected this aggravator as insufficiently proven. The penalty phase jury recommended, by a vote of ten to two, that Doty be sentenced to death. However, we have also recognized that a trial court's ultimate determination that an aggravating circumstance was not proven beyond a reasonable doubt does not necessitate a conclusion that there was insufficient evidence to allow the jury to consider the factor for purposes of the advisory sentence. Miller v. State, 42 So.3d 204, 227 (Fla.2010); see also Davis v. State, 928 So.2d 1089, 1132 (Fla.2005). He also said he would kill again without remorse. ", Wells was "my chain-gang punk," Doty writes. After calling Lieutenant Cauwenberghs, Doty stated in a discussion outside the jury's presence that he intended to ask Lieutenant Cauwenberghs whether he believed that Doty would be a future threat, based on his knowledge of Doty and his lengthy employment with the State. 10th Annual UF Law E-Discovery Conference We begin by addressing the voluntariness of the guilty plea and then turn to the claims that Doty's appointed counsel raises. at 2 (Fla. July 14, 2014). Hedrick would prefer that Wells cut off all his communications. Moreover, the Court has likewise stated that the probability of recurring violent acts by the defendant is not a proper aggravating circumstance in Florida. Walker v. State, 707 So.2d 300, 314 (Fla.1997) (quoting Miller v. State, 373 So.2d 882, 886 (Fla.1979)). Hertle also admitted that one time, Doty tried to light the carpet on fire so she spanked Doty and then burned his fingers on the stove to teach him the dangers of playing with fire. Randall was also concerned when Doty was sent to an alternative school because that school had a bad environment that he did not believe was good for Doty. Denny Rodriguez is a primary care provider established in Bronx, New York and his medical specialization is Family Medicine. Womens Tag By the age of 12, he was a truant and a runaway. Frida is a 1991 opera based on the life of Mexican painter Frida Kahlo with music by Robert Xavier Rodriguez, book by Hilary Blecher, lyrics and monologues by Migdalia Cruz, conceived by Hilary Blecher. The state switched to a lethal injection of chemicals that sedate an inmate and stop the heart. Womens Tag Team Title Match Grade: C+ GUNTHER def. Throughout the plea colloquy, Doty demonstrated that he understood the legal proceedings, including his preparation of the case and the evidence against him. Justice Canady dissented with an opinion, in which Justice Polston concurred, concluding that if Doty made a knowing, intelligent, and voluntary waiver of his right to appeal, the appeal should be dismissed. Copyright 2023, Thomson Reuters. 2023 Cinemaholic Inc. All rights reserved. Dr. Hamilton further testified that he believed the victim was still alive when he was stabbed, but was unconscious and close to death, because the victim lost a small amount of blood from the stab wounds and all of the wounds were located very close together, indicating that the victim was not moving during the stabbing. In performing this review, this Court considers the totality of the circumstances and compares the case with other similar capital cases. The trial court mandated a fifteen-minute recess so that Doty could consult with his standby attorney and his mitigation specialist. Regardless, Doty insisted on presenting this testimony and took special effort to ensure the record was clear that he was competent to make this decision and had a constitutional right to make such decisions himself. Early life and education. This Court found that the sentence of death was proportional. Doty v. State, No. Xavier Rodriguez - Ballotpedia The 42-year-old Wayne C. Doty was sentenced to the death penalty for 2013 of stabbing fellow Florida State Prison inmate Xavier Rodriguez in May 2011 because