Patrick McIntyre

Case record: Patrick McIntyre

Background

Patrick McIntyre was the son of a former Vero Beach police detective. Molly McIntyre was a Vero Beach police officer at the time of the killing and later left the force. At trial, the defense described Molly McIntyre as acting as a police officer when she talked to Patrick after his arrest; prosecutors argued that Molly McIntyre was acting as a mother.

Patrick McIntyre had a prior life sentence for the attempted rape of his aunt. Prosecutors also relied on prior convictions for sexual battery and the attempted rape of his aunt in December 1997, shortly after Nicole Damatt’s murder.

The offence

On Oct. 7, 1997, McIntyre strangled 23-year-old Nicole Damatt after she caught him inside her 14th Avenue apartment. He then set fire to her body in an attempt to cover up a botched burglary and murder. Nicole Damatt’s dog Sam died from smoke inhalation during the fire.

At trial, police evidence included that a fire destroyed an apartment exposing Nicole Damatt’s body. An autopsy revealed that Damatt was not killed by the fire, although her dog Sam died from smoke inhalation. A T-shirt was discovered around her charred neck. Investigators found Damatt’s apartment door and kitchen window open, and there was a ladder outside the window.

McIntyre was charged with first-degree murder, armed burglary with assault or battery, armed arson, grand theft, and felony cruelty to animals for the strangulation death of Nicole Damatt and the fire that killed her dog Sam.

Investigation

When a fire destroyed the apartment and exposed Nicole Damatt’s body, police were baffled. Investigators found evidence suggesting the apartment was left with the door and kitchen window open, with a ladder outside the window. While police appeared to have no suspects initially, investigators did have a suspect: Patrick McIntyre, an acquaintance of Damatt who had lived in the same apartment building until a few days before the fire.

On November 4, 1997, approximately one month after Damatt’s death, Vero Beach police offered a $5,000 reward for information on the case. Damatt’s family later added $2,000 to the reward.

Vero Beach police approached Molly McIntyre and ordered her not to get involved in the investigation, not to use department resources to gain information about the case, and to turn over any information she received about Damatt’s death.

During the investigation, prosecutors focused on McIntyre’s confession, which he initially gave to his mother Molly and then to investigators. The defense claimed the confession was false and illegally obtained due to a promise allegedly made by Molly and disputes over whether Molly’s role required Miranda warnings.

Arrest and related prior allegations

On December 10, 1997, Patrick McIntyre was arrested on charges of burglary and attempted sexual battery. He had broken into the home of his uncle (his father’s brother) and forced his aunt out of bed at knifepoint in an apparent attempt to rape her. His uncle awakened and managed to subdue Patrick. After his arrest, Patrick signed a Miranda card invoking his rights.

Two days after the arrest, Molly McIntyre and Patrick’s other son Todd met with Vero police officers and spoke to Patrick in the jail conference room. It was unclear whether Todd witnessed the conversation, and what Molly and Todd discussed with Patrick was disputed.

Defense attorneys claimed Molly, who was a police officer, urged her son to confess to Damatt’s murder to avoid the death penalty, without formally reading him his rights. Molly stated they never discussed the circumstances surrounding Damatt’s death and that she wanted Patrick to tell the truth.

Patrick agreed to make a statement to Detective Dan Cook. When Patrick saw Cook, he was Mirandized, waived his rights, and gave an audiotaped confession to Damatt’s murder. He admitted breaking into her apartment, attacking and strangling her, stealing her computer, and setting her apartment on fire.

Patrick’s defense argued the confession was false and illegal because of Molly’s alleged promise and because Molly was not acting as a mother during the jail center conversation but as an officer, and Patrick had not been Mirandized. The defense claimed Molly illegally interrogated Patrick and that it nullified the subsequent confession to Detective Cook. The defense also claimed Molly’s meeting with police officials proved she was acting as an officer during her meeting with Patrick.

Patrick’s attorney asserted that Molly, Todd, and the officials conspired to “circumvent and violate the defendant’s right against self-incrimination under the 5th amendment...the defendant's right to Miranda warnings, and the defendant's right to counsel.” The defense claimed Patrick never would have confessed if his mother had not promised immunity from the electric chair.

Prosecutors insisted Molly McIntyre was not acting as a police officer but rather as a mother when she spoke to Patrick and that the meeting was not a custodial interrogation requiring Miranda warnings. Prosecutors pointed out that Patrick was read his rights before he confessed to Cook and waived them before his admission.

Trial

Charges and possible penalty

Patrick McIntyre was charged with first-degree murder, armed burglary with assault, armed arson, grand theft, and felony cruelty to animals. If convicted, he could face the death penalty. At the time, Molly McIntyre would collect on a $5,000 police reward.

McIntyre faced a penalty phase where jurors would decide whether he would receive the death penalty. The prosecution and defense presented competing arguments about the admissibility and reliability of McIntyre’s confession.

Verdict on March 5, 1999

It took jurors less than one day of deliberations to find Patrick McIntyre guilty on all counts for the strangling murder of Nicole Damatt.

At the time of the verdict, Patrick’s punishment was to be determined at a penalty phase on March 15, and he faced the death penalty.

After the verdict, Molly McIntyre thanked her friends and family and said she wanted to tell her “brothers and sisters at the Vero Beach police department that I love them and this is the hardest thing they've had to do.”

Molly insisted during the trial that she only urged Patrick to “tell the truth.”

“I'm his mother and I had to do the right thing. You have got to tell the truth. It's the only hope we have,”

Molly reiterated after the verdict that Patrick faced the death penalty.

“But Patrick now faces the death penalty, a punishment the defense claims Molly promised her son he could avoid by confessing.”

Confession dispute and Molly’s testimony

Defense claimed Molly had promised Patrick he could avoid the death penalty by confessing. Prosecutors argued that the key evidence was Patrick’s confession, which he initially gave to his mother Molly and then to investigators.

After prosecutors rested without calling Molly McIntyre, the defense summoned her to the stand to explain the confession. Molly testified that she never promised Patrick he would not get the death penalty if he confessed and realized she was not in position to make him promises.

Molly testified that she did not want “her baby” to get the death penalty and that she only wanted him to tell the truth.

“Admitting that she did not want "her baby" to get the death penalty, the witness said she only wanted him to tell the truth.”

During cross-examination, Molly testified that at the time of Patrick’s arrest, she was on-leave from police duty because of an injury.

Prosecutors had Molly testify that she was not wearing her uniform when she visited Patrick. Prosecutors argued this undermined the defense contention that she was acting as an officer when she talked to her son after his arrest.

Molly testified that she visited him voluntarily and was not ordered by Vero Beach police officers to elicit a confession from Patrick. She stated she wanted to ensure Patrick knew she loved him and was visiting as a concerned mother, not a police officer. Molly conceded telling Patrick that he “should do what he has to do” to resolve his legal troubles.

“But Molly McIntyre conceded telling Patrick that he "should do what he has to do" to resolve his legal troubles.”

Closing arguments during the guilt phase

In closing arguments, prosecutor Moira Lasch focused on Patrick’s confession where he admitted entering Damatt’s home, killing her, trying to make the crime scene look like a robbery, and setting the apartment on fire.

Defense attorney Jim Harpring told jurors that none of the physical evidence decisively linked Patrick to Damatt’s murder and the subsequent arson. Harpring argued that the state’s only reliable evidence—the confession—was unreliable because it was coerced by Molly McIntyre. Harpring argued the confession could not be considered because jurors could not say beyond reasonable doubt that it was voluntary.

“The only evidence in this case is so suspect, it cannot even be considered,” Harpring said.
“You cannot say beyond reasonable doubt that Patrick McIntyre's confession was voluntary.”

During rebuttal closing arguments, prosecutor Mary Ann Duggan denied the defense suggestion that the Vero Beach police department conspired to coerce Patrick’s confession and said the investigation was conducted professionally. She emphasized that Molly’s visit with her son was as a mother, not as an officer, and argued the confession was legally obtained.

Sentencing

Penalty phase recommendation on March 16, 1999

During the penalty phase, jurors unanimously recommended that Patrick McIntyre serve the rest of his life behind bars without parole, but spare him the death penalty. The judge was to make a final sentencing determination on April 26.

After the hearing, victim Nicole Damatt’s mother and stepfather expressed their dissatisfaction with the jury’s recommendation. Nicole Damatt’s stepfather Ron Perry said they had always been for the death penalty and that “He didn't give Nicole a choice.”

“We've always been for the death penalty...He didn't give Nicole a choice,”

Ron Perry also said Nicole would have wanted the death penalty for McIntyre.

“Nicole would have wanted the death penalty [for McIntyre],”

Dee Perry said she had a question for Vero Beach residents.

“If it were you daughter, would you have voted differently?” she wondered.

Dee and Ron Perry planned to write the judge to persuade him to enforce the death penalty despite the jury’s recommendation.

Molly McIntyre’s statements during the penalty phase

Molly McIntyre pleaded with jurors to spare her son’s life and encouraged the confession that might have landed her son on death row. She told her son:

“I love you. You're my son and you will make it.”

Molly insisted to jurors that she wanted Patrick to do the right thing and tell the truth and that investigators would not have been able to solve Nicole Damatt’s murder if Patrick had not confessed with her encouragement. She suggested Patrick should be spared because he confessed.

“For the life of me, I don't know if I could go through the same thing, knowing it would lead to this,”

Molly said Patrick deserved a chance at redemption and that he was a good man who committed a horrible crime but was not going anywhere and could not get out.

“He's [Patrick] a good man. He committed a horrible crime, but he's a good man. He's not going anywhere ... he can't get out.”

Molly said maybe he could do some good and give something back, but he could not if he was killed.

“Maybe he can do some good and give something back, but he can't if you kill him.”

Molly addressed what she called the absence of her presence during Patrick’s earlier years and suggested she should not be made to feel like she deserves the death penalty outcome.

“He didn't have a mother for 22 years because his mother was protecting the people of the state of Florida, and they owe me that,” she said.
“You can't kill him ... I don't deserve that.”

Todd McIntyre’s statements

Todd McIntyre, Patrick’s brother, also asked jurors to spare his brother’s life. He admitted that he and his mother’s jailhouse visit with Patrick shortly after the murder was motivated by the desire to save him from the death penalty. Todd also said Nicole Damatt “didn't deserve to die” and that “No one does.”

“Nicole Damatt didn't deserve to die. No one does,”

Todd said he did not believe anyone should have the power to decide whether someone dies.

“I don't believe anyone should have the power to decide whether someone dies. I guess I just don't believe in the 'eye for an eye' theory.”

Prosecutors’ focus during the penalty phase

During the penalty phase, aggravating factors such as the potential danger McIntyre caused when he set the fire were dropped. Prosecutors focused on his prior convictions for sexual battery and the attempted rape of his aunt in December 1997, shortly after Damatt’s murder.

Prosecutors sought to show a pattern of attacking women he knew in the middle of the night.

The prior sentence for the attempted rape included that McIntyre was sentenced to life plus 30 years for the attempted rape. McIntyre’s aunt testified on his behalf and insisted that she personally did not advocate the death penalty for anyone—not even Patrick.

Defence on alcohol

Defense attorneys tried to suggest Patrick McIntyre had a drinking problem that contributed to actions on the night of Damatt’s murder. The record stated he was drinking before he killed Damatt. Two friends of the defendant testified that they had seen Patrick drunk at times but did not strongly suggest alcohol abuse.

Final sentencing date

On April 26, 1999, Patrick McIntyre was sentenced to three life terms in prison without parole.

Outcome

Patrick McIntyre served a life term at the Martin Correctional Institution.

The jury recommended McIntyre be spared death and recommended life without parole. The final sentencing determination resulted in three life terms in prison without parole.

Other details

Molly McIntyre collected a $5,000 reward and donated it to two organizations.

Nicole Damatt was 23 years old at the time of the killing.

McIntyre was 26 at the time described in connection with the penalty phase.