Joel Diaz

Case identification

• Name: Joel Diaz
• Date of birth: 06/13/73
• Case citation / opinion: Supreme Court of Florida opinion SC01 - 278
• DC #: Y06133
• Florida Supreme Court case number: SC01-278
• Trial court: Twentieth Judicial Circuit, Lee County
• Trial court case number: 97-3305

Timeline

• 10/28/97 — Date of offense. Joel Diaz went to the Shaw’s house to confront Lissa Shaw; the confrontation involved gunfire that injured Lissa Shaw and led to the killing of Charles Shaw.
• 01/29/01 — Sentenced by the court.
• 02/05/01 — Diaz filed a Direct Appeal with the Florida Supreme Court.
• 09/11/03 — The Florida Supreme Court affirmed the convictions and sentences.
• 02/11/04 — Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 04/26/04 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 04/15/05 — Diaz filed a 3.851 Motion with the Circuit Court; it was pending.

Background

Joel Diaz and Lissa Shaw dated for about two years. In the second year of their relationship, Lissa Shaw and her daughter lived in Diaz’s home. In August 1997, Lissa Shaw moved in with her parents, Charles and Barbara Shaw. After she moved out, Lissa Shaw refused all contact with Joel Diaz. Diaz was angered because his former girlfriend ended their relationship.

The offence

On 10/06/97, Diaz purchased a .38 caliber revolved from a pawn shop. After waiting for the mandatory three-day waiting period and for his background check to clear, Diaz picked up the gun from the pawn shop.

On 10/28/97, Diaz went to the Shaw’s house to confront Lissa Shaw. At 6:30 a.m., Lissa Shaw was leaving for work. She started her car, which was parked in the garage, and when she opened the garage door with a remote control, she saw someone slip under the garage door. Diaz was then at her driver’s side window, pointing a gun at her.

Lissa Shaw distracted Diaz, then shoved the car into reverse and backed out of the garage. Diaz fired three shots at the car, striking her in the neck and shoulder. Before she drove herself to the hospital, she saw Diaz confront Charles Shaw in the front yard, pointing the gun at Mr. Shaw.

Mr. Shaw and Diaz had a confrontation in the garage that continued with Diaz chasing Mr. Shaw into the master bedroom. At some point in the confrontation, a neighbor, Roy Isakson, came to investigate the gunshots. Diaz pointed the gun at Isakson and told him to “Get the f--- out of here.” Isakson left and called the police.

Barbara Shaw, a quadriplegic, was lying in bed at the time of the argument. In the bedroom, Diaz had the gun pointed at Charles Shaw, who was trying to calm Diaz. Diaz pulled the trigger, but the gun was out of ammunition.

When Charles Shaw realized that Diaz was reloading, he fled to the bathroom. Diaz followed and shot Shaw three times in the chest. Barbara Shaw screamed, “Why did you do this?” Diaz answered that Charles Shaw deserved to die.

Diaz then returned to the bathroom and fired two more shots into Charles Shaw. According to Barbara Shaw, Diaz said, “If that bitch of a daughter of yours, if I could have got her, I wouldn’t have had to kill your husband.”

Diaz remained in the house until police arrived and arrested him.

Investigation

• A neighbor, Roy Isakson, investigated the gunshots, left after Diaz threatened him with a gun, and called the police.

Trial

Charges

On 11/18/97, Diaz was indicted as follows:

• Count I: First-Degree Murder (Charles Shaw)
• Count II: Attempted First-Degree Murder (Lissa Shaw)
• Count III: Aggravated Assault With a Firearm (Roy Isakson)

Trial proceedings and verdicts

• 07/28/00 — Jury returned guilty verdicts on all counts of the indictment.
• 10/10/00 — Jury recommended death by a vote of 9-3.

Sentence

On 01/29/01, the court sentenced Diaz as follows:

• Count I (First-Degree Murder — Charles Shaw): Death
• Count II (Attempted First-Degree Murder — Lissa Shaw): 12 years 7 months
• Count III (Aggravated Assault With a Firearm — Roy Isakson): 5 years

Appeals

Direct appeal to the Florida Supreme Court

Diaz filed a direct appeal to the Florida Supreme Court on 02/05/01, citing the following errors:

• finding that the murder was heinous, atrocious, or cruel
• finding that the murder was cold, calculated, and premeditated
• the disproportionality of the death penalty

On 09/11/03, the Florida Supreme Court affirmed the convictions and sentences.

U.S. Supreme Court

Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/11/04. The petition was denied on 04/26/04.

Collateral proceedings

Diaz filed a 3.851 Motion with the Circuit Court on 04/15/05; it was pending.

People (case roles)

• Joel Diaz — defendant
• Lissa Shaw — victim (Attempted First-Degree Murder)
• Charles Shaw — victim (First-Degree Murder)
• Barbara Shaw — quadriplegic; present during the argument; Charles Shaw’s wife and Lissa Shaw’s mother
• Roy Isakson — neighbor; victim (Aggravated Assault With a Firearm)

Legal representation (as provided)

• Sentencing judge: The Honorable Thomas S. Reese
• Trial attorney: J. Frank Porter & Neil Potter – Private Attorney
• Direct appeal attorney: Steven Bolotin – Assistant Public Defender Attorney
• Collateral appeals: Terri Backhus & Roseanne Eckert – CCRC-S

Status context

• Diaz filed a direct appeal with the Florida Supreme Court on 02/05/01; the Florida Supreme Court affirmed the convictions and sentences on 09/11/03.
• Diaz pursued certiorari in the U.S. Supreme Court and was denied on 04/26/04.
• Diaz filed a 3.851 Motion on 04/15/05, and it was pending.

Other details

• Diaz purchased a .38 caliber revolved from a pawn shop on 10/06/97.
• The gunfire included shots that struck Lissa Shaw in the neck and shoulder and shots that killed Charles Shaw by firing shots into his chest.
• Diaz told Roy Isakson to “Get the f--- out of here.”
• Barbara Shaw testified to Diaz’s statement that “Why did you do this?” and Diaz’s answer that Charles Shaw deserved to die.
• Barbara Shaw testified to Diaz’s statement: “If that bitch of a daughter of yours, if I could have got her, I wouldn’t have had to kill your husband.”