Phillup Partin

Case record: Phillup Partin

Status and current posture

Phillup Alan Partin was sentenced to death by a 9-3 vote on December 1, 2008 for the July 31, 2002 murder of 16-year-old hitchhiker Joshan Ashbrook. Partin was released in 1995 after being sentenced to 17 years in prison for second-degree murder in 1987. The death-penalty recommendation was presented to Circuit Judge William Webb, who was to make the final decision; Partin’s lawyers planned to try to persuade the judge to override the jury’s recommendation at a May 16 hearing, and the judge was to sentence Partin on June 20.

Background

Phillup Alan Partin was born June 29, 1965, in Sacramento, California. He was an American convicted murderer on Florida death row at the Florida State Prison.

Partin was convicted for the July 31, 2002 murder of 16-year-old hitchhiker Joshan Ashbrook. The trial involved a guilt phase and then a penalty phase.

Partin had a prior murder sentence in 1987. In 1987, Partin was sentenced to 17 years in prison for second-degree murder. He was released in 1995.

The offence

On July 31, 2002, Partin picked up Joshan Ashbrook as she hitchhiked along Florida. Partin and Ashbrook spent the day fishing and swimming with Partin’s daughter, then 7, before returning to the New Port Richey house where Partin and his daughter were living.

Prosecutors believed Ashbrook was killed between 9 p.m. and midnight. Workers found Ashbrook’s body in woods off Shady Hills Road the next morning. Nine days after the discovery, Partin dropped his daughter off in Wauchula and left the state.

Ashbrook’s body had been strangled, her throat was gashed and her neck broken. A medical examiner testified that her neck was broken, separating her head from her spine, and her throat was also cut open. The jury also heard that her half-naked body was found in Shady Hills in 2002, alongside Shady Hills Road. Joshan Ashbrook was found on Aug. 1, 2002.

The investigation testimony included that Ashbrook was attacked from behind, her right hand pinned with Partin’s left hand, and her throat cut with Partin’s right hand. Authorities said she tore hairs from Partin with her left hand during their struggle, and the hairs contained Partin’s DNA. The prosecutor also presented that Partin left Patrisha, his daughter, behind at home, and the state argued that whatever Partin intended to do that night was premeditated.

Investigation and arrest

After Ashbrook’s body was discovered, investigators sought Partin. Partin initially used a fake name over his cell phone when speaking with detectives, and it had not thrown them off. He fled the state but continued calling detectives, feeding them bits of information in an effort to get them off his trail.

In taped interviews after Partin’s capture 13 months later, detectives tried to find out why. Partin admitted that he had picked up many hitchhikers the same way he picked up Joshan, by making eye-contact alongside the road.

Partin was a fugitive for more than a year before investigators tracked him to Fayetteville, North Carolina. He was arrested there October 28, 2003.

Trial

Partin was tried for first-degree murder of 16-year-old Joshan Ashbrook.

Guilt phase

The trial, or guilt phase, lasted seven days. The jury deliberated for little more than three hours on Tuesday and found Partin guilty of first-degree murder. Partin accepted the verdict indifferently, standing for the verdict and then leaning back with his bearded chin resting on his right hand.

Partin declined to testify on his own behalf. During the trial, Partin reacted with a cold, blank stare and an air of hostile indifference. The only hint of emotion described in the trial coverage came when he glared at Deputy Scott Gattuso, who testified against him.

Before the trial, from his jail cell, Partin penned a mocking letter to Pasco Sheriff Bob White about Gattuso’s long disciplinary record. The trial coverage described Partin’s bearded chin resting on his right hand as a posture he kept throughout the trial.

The state’s strongest evidence included hairs that authorities said Ashbrook tore from Partin with her left hand during their struggle, with the hairs containing Partin’s DNA. The jury heard that Ashbrook was beaten and strangled, her throat cut, her head ripped from her spine, and her body dumped alongside Shady Hills Road.

Penalty phase and jury recommendation

The jury’s job was not done yet; the jury was to reconvene at 9 a.m. to begin the penalty phase, to decide whether life or death was appropriate.

On Wednesday, the jury voted 9-3 in favor of the death penalty instead of life in prison. The trial coverage stated that the jury of eight men and four women took three hours on Tuesday to convict Partin and took two hours on Wednesday to vote for death.

The state’s lone witness during the penalty phase was a Miami-Dade police lieutenant, who testified about Partin’s first murder two decades earlier, when he snapped the neck of a Miami man. The lieutenant testified that Partin hustled at gay bars and how he met that victim.

Partin’s lawyers played snippets of videotaped depositions. The depositions included a recording of Partin’s daughter, who testified for the state that she saw the victim alive with her father. In the tape, defense attorney Bjorn Brunvand showed the girl a hand sign that she and her father used to share. Defense attorney Bjorn Brunvand asked:

"Is that what the two of you used to say 'I love you' to each other?" The girl replied: "Yes,"

During the penalty phase, the jury’s vote for the death penalty was described as a recommendation, with state law requiring the judge to give it “great weight.” The judge was to make the decision alone.

The victim’s mother, Tara Lynn Ramsdell, clutched her husband Robert’s arm and shook as the verdict was read. After conviction, the mother declined to comment and planned to address the man who killed her daughter when she returned to court.

A quote attributed to Tara Lynn Ramsdell was:

"We have grandchildren who want to know why the bad guy killed Auntie Yo-Yo," Tara Ramsdell said, "and what do you say to them? He's not going to say anything to us. I want him to tell me why."

In court, Tara Lynn Ramsdell asked about how Partin could love his daughter while not caring about what he did to hers.

"How can he love his little girl," said the victim's mother, Tara Lynn Ramsdell, "and not care what he did to mine?"

The state said the motive for Joshan’s murder was a mystery that may never be solved.

The mother of Partin’s daughter said she was conflicted about the death penalty. A quote attributed to her was:

"How's his daughter going to feel," she said, "not being able to see her father again?" A quote attributed to the same mother was: "Sometimes I think so," Mrs. Ramsdell said.

A quote attributed to Tara Ramsdell was:

"But I'm Joshan's mother. I say kill him.

Sentencing and judicial steps

The jury’s death-penalty vote required judicial action. The judge, Circuit Judge William Webb, was described as needing to decide the sentence at the end of the process.

The trial coverage stated Partin did not appear to like the judge. Partin insulted Webb in jailhouse letters and directed profanities at him on Wednesday. The judge was set to sentence Partin on June 20, with a May 16 hearing scheduled for Partin’s lawyers to attempt to persuade the judge to override the jury’s recommendation.

Other details

Partin’s daughter was described as age 7 during the day of the offence. The trial coverage described Partin’s age as 42.

The Ramsdells were described as having eight children, 17 grandchildren, and one more on the way.

Before fleeing, the coverage described Partin’s daughter’s deposition showing she saw the victim alive with her father.

The trial coverage included a recorded-call question to Partin by a detective:

"What time did you meet Joshan that morning?" Partin replied: "Who?" The detective then said: "Her name is Joshan Ashbrook."

Partin’s defence attorney was identified as Bjorn Brunvand.

Pasco Sheriff Bob White was identified in connection with Partin’s mocking letter from jail about Scott Gattuso’s long disciplinary record. Deputy Scott Gattuso testified against Partin.

Partin had been tracked to Fayetteville, North Carolina, and was arrested there October 28, 2003.

After the discovery of Ashbrook’s body, Partin dropped his daughter off in Wauchula and left the state nine days after the discovery.

Victim details

Joshan Ashbrook was a 16-year-old hitchhiker. She was pronounced found on Aug. 1, 2002. Ashbrook’s body was found in woods off Shady Hills Road.

The described injuries included strangulation, gashed throat, neck broken, throat cut open, and the head separated from the spine. She was also described as beaten and her half-naked body was found in Shady Hills.