Chadwick Willacy

Case information

Chadwick Willacy was born on 09/23/67. His case involved the Eighteenth Judicial Circuit in Brevard County (Case #90-16062-CFA; DC #707742).

The sentencing judge was The Honorable Theron Yawn. The resentencing judge was also The Honorable Theron Yawn.

Trial attorney: Douglas T. Squire, Esq. Direct appeal attorney: Kurt Erlenbach, Esq. Resentencing attorney: George D. E. Burden – Assistant Public Defender Collateral appeals attorney: Brian Onek, Esq.

Timeline

• 09/05/90 — Marlys Sather returned home from work on her lunch break and discovered her neighbor, Chadwick Willacy, burglarizing her home.
• 09/25/90 — The defendant was indicted on the charges listed in the indictment.
• 10/17/91 — The defendant was found guilty of counts II–V as charged in the indictment.
• 10/18/91 — Upon advisory sentencing, the jury voted for the imposition of the death penalty by a 9 to 3 majority.
• 12/10/91 — The defendant was sentenced: death for first-degree premeditated murder, and 30 years each for burglary with an assault, robbery with a firearm, and first-degree arson.
• 05/12/94 — On direct appeal, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded for a new penalty phase.
• 10/03/95 — Upon advisory resentencing, the jury voted for the imposition of the death penalty by an 11 to 1 majority.
• 11/20/95 — The defendant was resentenced to death again.
• 01/13/92 — Willacy filed a direct appeal in the Florida Supreme Court.
• 02/12/95 — Willacy filed a direct appeal in the Florida Supreme Court.
• 04/24/97 — The Florida Supreme Court affirmed Willacy’s death sentence.
• 11/10/97 — The United States Supreme Court denied Willacy’s petition for writ of certiorari.
• 05/11/98 — Willacy filed a 3.850 motion to the State Circuit Court.
• 03/18/02 — The 3.850 motion was amended.
• 11/19/04 — The 3.850 motion was denied.
• 01/31/05 — Willacy filed a 3.850 appeal in the Florida Supreme Court.
• 11/03/05 — Willacy filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.

Background

On the afternoon of 09/05/90, Marlys Sather returned home from work on her lunch break and discovered her neighbor, Chadwick Willacy, burglarizing her home.

The offence

When Willacy noticed that Sather was in the house, he struck her over the head several times with a blunt object hard enough to fracture and dislodge part of her skull. Willacy bound her hands and ankles with wire and duct tape. He then wrapped a telephone cord tightly around her neck in an effort to strangle her. When this failed to work, Willacy doused Sather with gasoline and set her on fire. Medical examiner’s reports indicated that Sather died from smoke inhalation.

Sather’s son-in-law discovered her body when he went over to her house following a call from her employer notifying the family that Sather never returned from her lunch break.

Investigation

The record included arguments concerning Willacy’s Miranda rights. Willacy argued that his Miranda rights were violated when a detective initiated a conversation with him without his lawyer present, in which he subsequently implicated himself in the murder. The trial court ruled that Willacy’s statement was made voluntarily and could be used to impeach his testimony if he took the stand. The Florida Supreme Court agreed.

Arrest

No arrest details were included in the provided material.

Trial

Indictment and charges

On 09/25/90, the defendant was indicted on the following charges:

• Count I: First-Degree Felony Murder (Later Dropped)
• Count II: First-Degree Premeditated Murder
• Count III: Burglary With An Assault
• Count IV: Robbery With A Firearm
• Count V: First-Degree Arson

Verdict

On 10/17/91, the defendant was found guilty of counts II–V as charged in the indictment.

Advisory sentencing

On 10/18/91, upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the imposition of the death penalty.

Sentencing

Original sentencing

On 12/10/91, the defendant was sentenced as follows:

• Count II: First-Degree Premeditated Murder — Death
• Count III: Burglary With An Assault — 30 years
• Count IV: Robbery With A Firearm — 30 years
• Count V: First-Degree Arson — 30 years

Appeals

Direct appeal filed on 01/13/92

On 01/13/92, Willacy filed a direct appeal in the Florida Supreme Court.

He argued that the trial court erred in denying defense counsel’s request to rehabilitate a State-stricken juror after she indicated that she could not recommend the death penalty. The Florida Supreme Court noted that the trial court properly sustained the State’s challenge for cause, but erred in failing to allow the defense an opportunity to rehabilitate the juror.

Willacy also claimed that a Neil violation occurred when the only African-American on the panel was peremptory challenged by the State. The Florida Supreme Court found no error in the challenge.

Willacy further argued that his Miranda rights were violated when a detective initiated a conversation with him without his lawyer present, in which he subsequently implicated himself in the murder. The trial court ruled the statement was voluntarily made and could be used to impeach his testimony if he took the stand.

Based on the error that occurred during voir dire, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded to the trial court for a new penalty phase.

On 05/12/94, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded to the trial court for a new penalty phase.

Direct appeal filed on 02/12/95

Willacy filed a direct appeal in the Florida Supreme Court on 02/12/95.

He argued the trial court erred in denying his motion to have Judge Yawn disqualified from his case, claiming that Yawn was biased toward the death penalty since he presided over Willacy’s original trial.

Willacy also argued that the trial court erred in allowing the State to present additional testimony, photos and a videotape of the victim’s burned body.

He further argued the consideration and application of aggravating circumstances.

The Florida Supreme Court found no error and affirmed Willacy’s death sentence on 04/24/97.

Resentencing

Advisory resentencing

On 10/03/95, upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the imposition of the death penalty.

Resentencing to death

On 11/20/95, the defendant was resentenced as follows:

• Count I: First-Degree Murder — Death

Outcome

The Florida Supreme Court affirmed Willacy’s convictions and reversed his death sentence, remanding for a new penalty phase on 05/12/94.

After the new penalty phase, Willacy was resentenced to death on 11/20/95, and the Florida Supreme Court affirmed his death sentence on 04/24/97.

Willacy filed a Petition for Wit of Certiorari in the United States Supreme Court; it was denied on 11/10/97.

Willacy filed a 3.850 Motion to the State Circuit Court on 05/11/98; it was amended on 03/18/02 and denied on 11/19/04.

On 01/31/05, Willacy filed a 3.850 Appeal in the Florida Supreme Court. The appeal was currently pending.

On 11/03/05, Willacy filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The petition was currently pending.

Other details

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