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Joel DIAZ
 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Angered because his former girlfriend ended their relationship
Number of victims: 1
Date of murder: October 28, 1997
Date of arrest: Same day
Date of birth: June 13, 1973
Victim profile: Charles Shaw (his ex-girlfriend's father)
Method of murder: Shooting (.38 caliber revolver)
Location: Lee County, Florida, USA
Status: Sentenced to death on January 29, 2001
 
 
 
 
 

Supreme Court of Florida
 

opinion SC01-278

 
 
 
 
 
 

DC#  Y06133
DOB:  06/13/73

Twentieth Judicial Circuit, Lee County Case # 97-3305
Sentencing Judge: The Honorable Thomas S. Reese
Attorney, Trial: J. Frank Porter & Neil Potter – Private
Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender
Attorney, Collateral Appeals:  Terri Backhus & Roseanne Eckert – CCRC-S

Date of Offense: 10/28/97

Date of Sentence: 01/29/01

Circumstances of Offense:

Joel Diaz and Lissa Shaw dated for about two years, and in the second year of their relationship, Lissa Shaw and her daughter lived in Diaz’s home. 

In August 1997, Lissa Shaw moved in with her parents, Charles and Barbara Shaw.  After she moved out, Lissa Shaw refused all contact with Joel Diaz.

On 10/06/97, Diaz purchased a .38 caliber revolved from a pawn shop.  After waiting for the mandatory three-day waiting period and for his background check to clear, Diaz picked up the gun from the pawn shop.

On 10/28/97, Diaz went to the Shaw’s house to confront Lissa Shaw.  At 6:30 a.m., Lissa Shaw was leaving for work.  She started her the car, which was parked in the garage, and when she opened the garage door with a remote control, she saw someone slip under the garage door. 

Diaz was then at her driver’s side window, pointing a gun at her.  Lissa Shaw distracted Diaz, then shoved the car into reverse and backed out of the garage.  Diaz fired three shots at the car, striking her in the neck and shoulder. 

Before she drove herself to the hospital, she saw Diaz confront Charles Shaw in the front yard, pointing the gun at Mr. Shaw.  Mr. Shaw and Diaz had a confrontation in the garage that continued with Diaz chasing Mr. Shaw into the master bedroom. 

At some point in the confrontation, a neighbor, Roy Isakson, came to investigate the gunshots.  Diaz pointed the gun at Isakson and told him to “Get the f--- out of here.”  Isakson left and called the police.

Barbara Shaw, a quadriplegic, was lying in bed at the time of the argument.  In the bedroom, Diaz had the gun pointed at Charles Shaw, who was trying to calm Diaz.  Diaz pulled the trigger, but the gun was out of ammunition. 

When Charles Shaw realized that Diaz was reloading, he fled to the bathroom.  Diaz followed and shot Shaw three times in the chest.  Barbara Shaw screamed, “Why did you do this?,” to which Diaz answered that Charles Shaw deserved to die. 

Diaz then returned to the bathroom and fired two more shots into Charles Shaw.  According to Barbara Shaw, Diaz said, “If that bitch of a daughter of yours, if I could have got her, I wouldn’t have had to kill your husband.”  Diaz remained in the house until police arrived and arrested him. 

Trial Summary:

11/18/97          Indicted as follows:

Count I            First-Degree Murder (Charles Shaw)

Count II           Attempted First-Degree Murder (Lissa Shaw)

Count III          Aggravated Assault With a Firearm (Roy Isakson)

07/28/00          Jury returned guilty verdicts on all counts of the indictment

10/10/00          Jury recommended death by a vote of 9-3

01/29/01          Sentenced as follows:

Count I            First-Degree Murder (Charles Shaw) – Death

Count II           Attempted First-Degree Murder (Lissa Shaw) – 12 years 7 months

Count III          Aggravated Assault With a Firearm (Roy Isakson) – 5 years

Case Information:

Diaz filed a Direct Appeal with the Florida Supreme Court on 02/05/01, citing the following errors:  finding that the murder was heinous, atrocious, or cruel; finding that the murder was cold, calculated, and premeditated; and the disproportionality of the death penalty.  On 09/11/03, the FSC affirmed the convictions and sentences.

Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/11/04 that was denied on 04/26/04.

Diaz filed a 3.851 Motion with the Circuit Court on 04/15/05 that is pending.

Floridacapitalcases.state.fl.us
 

 
 
 
 
 
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