A convicted double murderer in Florida faces the death penalty in a case that puts a new state law to the test.
The jury recommended the death sentence for Wade Wilson, 30, on Tuesday afternoon after deliberating for less than two hours.
The defendant was convicted on June 12 by the same jury in the slayings of Kristine Melton and Diane Ruiz. He was also convicted of grand theft of a motor vehicle, battery, burglary of a dwelling, and first-degree petit theft.
The two murders took place within hours of each other in Cape Coral on Oct. 7, 2019.
Mr. Wilson strangled Kristine Melton to death as she slept in her bed.
He then stole her car from her home and drove to see his girlfriend, who he proceeded to attack. She called 911.
A short time later, Mr. Wilson saw Diane Ruiz walking along a street and lured her into the car as he asked for directions. He then beat and strangled her, pushed her out of the car, and ran her over repeatedly.
Nine of the 12 jurors in the case recommended Mr. Wilson be put to death for the murder of Kristine Melton.
Ten jurors recommended the death penalty for the murder of Diane Ruiz.
A state law on capital punishment changed in the five years between Mr. Wilson’s arrest and conviction. In Florida, capital felonies such as first-degree murder and rape are punishable by death. Under a new state law enacted in 2023, a jury only needs as few as eight votes to recommend the death sentence.
Defense attorneys had argued that Mr. Wilson should stand trial under the old guideline, which required a jury’s unanimous vote for the death penalty to be on the table because that was the law when he was first arrested back in 2019.
Legal experts have since weighed in on the jury’s decision, saying the case will likely test Florida’s new law.
“I think the court took a significant risk by permitting a less-than-unanimous death verdict. It’s not uncommon for convictions to be overturned on unanimity grounds,” attorney Eric Faddis said in a statement to NTD.
“An appeals court could find that Wilson should have been subject to the earlier law, in place when the crime was committed, which required a completely unanimous verdict,” he added.
Mr. Faddis also noted that the appeal process is a “long, costly and often unsatisfying route for nearly everyone involved.”
Prosecutors had argued that the defendant lacked remorse for the killings and that both killings were cold and premeditated.
While prosecutors listed four aggravating factors, Assistant State Attorney Sara Miller reminded the jury that they only needed to find at least one aggravating factor existed to recommend capital punishment.
“This case was never about Mr. Wilson. It’s about what Wade Wilson did to Christine Melton and Diane Ruiz. And make no mistake about it,” prosecutor Andreas Gardner told the court.
“Despite his bragging, his boasting, and the excitement he wants to feel, this case was nothing more than a graphic, vulgar display of power,” she said.
‘A Diseased Mind’
Mr. Wilson’s defense attorney argued that he didn’t plan the crimes and blamed his actions on his mental state, even calling him “whacked out” and “out of his mind” in court. He was under the influence of drugs at the time of the attacks, which impacted his decision-making, his attorney argued.
“He’s sick, he’s got a diseased mind,” his attorney Kevin Shirley said. “There’s something wrong with his brain. It doesn’t work like everybody else’s does.”
While the jury voted in favor of the death penalty, it’s up to the judge to impose it.
His sentencing hearing is scheduled for July 23, in which arguments and witness statements will be heard before the judge makes the final decision between life in prison or the death penalty.
If the judge agrees with the jury and imposes the death sentence, Mr. Wilson will join two other Florida men who are currently on death row after non-unanimous jury recommendations.
