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Chadwick Scott WILLACY

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: September 5, 1990
Date of birth: September 23, 1967
Victim profile: Marlys Sather (his neighbor)
Method of murder: Doused the victim with gasoline and set her on fire
Location: Brevard County, Florida, USA
Status: Sentenced to death on December 10, 1991. Resentenced to death on November 20, 1995
 
 
 
 
 

Florida Supreme Court

 

opinion 79217

opinion 86994

 

opinion SC05-189

 
 
 
 
 
 

DC #707742
DOB: 09/23/67 

Eighteenth Judicial Circuit, Brevard County, Case #90-16062-CFA
Sentencing Judge: The Honorable Theron Yawn
Resentencing Judge: The Honorable Theron Yawn
Attorney, Trial: Douglas T. Squire, Esq.
Attorney, Direct Appeal: Kurt Erlenbach, Esq.
Attorney, Direct Appeal, Resentencing: George D. E. Burden - Assistant Public Defender
Attorney, Collateral Appeals: Brian Onek, Esq. – Registry  

Date of Offense: 09/05/90

Date of Sentence: 12/10/91

Date of Resentencing: 11/20/95

Circumstances of Offense: 

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.

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 indicate 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.

*****

Trial Summary:

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

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, by a 9 to 3 majority, voted for the imposition of the death penalty.

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

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

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

11/20/95          The defendant was resentenced as follows:

Count I: First-Degree Murder - Death

*****

Case Information:

On 01/13/92, Willacy filed a Direct Appeal in the Florida Supreme Court.  In the appeal, 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 also 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.  Based on the error that occurred during voir dire, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded for a new penalty phase proceeding.

On 11/20/95, Willacy was sentenced to death again.  He then filed a Direct Appeal in the Florida Supreme Court on 02/12/95.  In the appeal, he argued the trial court erred in denying his motion to have Judge Yawn disqualified from his case. He claimed that Yawn was biased toward the death penalty since he presided over Willacy’s original trial.  Willacy claimed that the trial court erred in allowing the State to present additional testimony, photos and a videotape of the victim’s burned body.  Willacy also 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.

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

Next, Willacy filed a 3.850 Motion to the State Circuit Court on 05/11/98.  The motion was amended on 03/18/02, then denied on 11/19/04.

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

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

FloridaCapitalCases.state.fl.us

 

 

 
 
 
 
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