Darryl Barwick

Case overview

Darryl Barwick was convicted and sentenced to death for the murder of Rebecca Wendt. The sentencing involved first-degree murder, armed burglary, attempted sexual battery, and armed robbery. Barwick later received resentencing after the Florida Supreme Court remanded his direct appeal.

Background

On 03/31/86, Rebecca Wendt was sunbathing outside her apartment complex in Panama City. On the same day, Darryl Barwick was lurking around the premises and passed by several times while watching her.

The offence

When Wendt returned to her apartment, Barwick followed her inside intending to steal something. When Wendt resisted, Barwick stabbed her.

Later that night, Michael Ann Wendt, the victim’s sister and roommate, discovered Wendt’s body in their bathroom wrapped in a comforter.

Investigators found bloody footprints and fingerprints at the scene. Wendt had been stabbed over 37 times. Wendt’s bathing suit looked as if someone tried unsuccessfully to remove it.

There was no evidence of sexual contact, but medical examiners found semen on the comforter Wendt was wrapped in. Tests conducted on the semen concluded that Barwick was within two percent of the population that could have left the semen.

After his arrest on 04/15/86, Barwick confessed to the murder, but insisted that he only entered Wendt’s apartment under the motive of robbery.

Investigation

The victim had been stabbed over 37 times. There was no evidence of sexual contact, but medical examiners did find semen on the comforter Wendt was wrapped in. Tests on the semen concluded that Barwick was within two percent of the population that could have left the semen.

Arrest

Barwick was arrested on 04/15/86.

Trial

Initial trial

• On 04/15/86, the defendant was arrested.
• On 04/28/86, the defendant was indicted on:
  • Count I: First-Degree Murder
  • Count II: Armed Burglary
  • Count III: Attempted Sexual Battery
  • Count IV: Armed Robbery
• On 11/24/86, the jury found the defendant guilty on all counts.
• On 11/24/86, upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

Sentencing

• On 01/30/87, the defendant was sentenced as follows:
  • Count I: First-Degree Murder — Death
  • Count II: Armed Burglary — Life
  • Count III: Attempted Sexual Battery — 30 years
  • Count IV: Armed Robbery — Life

Florida Supreme Court remand for a new trial

• On 06/15/89, the Florida Supreme Court remanded the defendant’s direct appeal (FSC #70,097) to the Circuit Court for a new trial because the State used its peremptory challenges to exclude potential black jurors.

Retrial

• On 07/09/92, the new trial jury found the defendant guilty on all counts.
• On 07/16/92, upon advisory sentencing, the new trial jury, by a 12 to 0 majority, voted for the death penalty.

Resentencing

• On 08/11/92, the defendant was resentenced as follows:
  • Count II: Armed Burglary — Life in Prison
  • Count IV: Armed Robbery — Life in Prison

Appeals

Direct appeal and related filings

• On 02/24/87, Darryl Barwick filed a Direct Appeal in the Florida Supreme Court.
• On 06/15/89, the case was remanded to the Circuit Court for a new trial based upon the State’s misuse of peremptory challenges.
• On 09/08/92, upon being retried and resentenced, Barwick filed another Direct Appeal in the Florida Supreme Court.

In this appeal, Barwick contended that the court erred on four main points:

1. The denial of his motions to disqualify Judge Foster
2. The denial of his motions for mistrial due to comments made by the prosecutor shifting the burden of proof
3. The failure to dismiss the attempted sexual battery charge
4. The application of several aggravating factors

The Florida Supreme Court affirmed the convictions and sentence of death on 07/20/95.

United States Supreme Court

• On 12/05/95, the defendant filed a Petition for Writ of Certiorari in the United States Supreme Court.
• On 01/22/96, the petition was denied.

Collateral proceedings

• On 03/18/97, Barwick filed a 3.850 Motion in the Circuit Court and amended the motion on 04/08/05.
• That motion is still pending.

Outcome

Barwick was convicted of first-degree murder, armed burglary, attempted sexual battery, and armed robbery, and he was sentenced to death for first-degree murder. Following a remand and retrial, he was again sentenced to death for first-degree murder.

Other details

• Name: Darryl Barwick
• Date of birth (DOB): 09/29/66
• Date of offence: 03/31/86
• Date of sentence: 01/30/87
• Date of resentencing: 08/11/92
• Supreme Court of Florida opinion 70097; opinion 80446
• DC # 092501
• Fourteenth Judicial Circuit, Bay County, Case #86-940
• Sentencing Judge: The Honorable W. Fred Turner
• Sentencing Judge, Retrial: The Honorable Clinton Foster
• Trial Attorney: Michael L. Stone – Assistant Public Defender
• Retrial Attorney: Robert T. Adams – Assistant Public Defender
• Direct Appeal: W.C. McLain – Assistant Public Defender Attorney
• Collateral Appeals: D. Todd Doss
• Registry date: 202501
• Victim: Rebecca Wendt
• Victim’s sister and roommate: Michael Ann Wendt