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Angel Nieves DIAZ
Robbery
No one actually witnessed the shooting death of manager Joseph
Nagy. Most of the patrons and employees had been confined to a
restroom and a dancer hiding under the bar did not see who fired the
shoots which killed Nagy.
The case remained unsolved for four years until 1983, when
Nieves' girlfriend told police he was involved in the crimes. Angel
"Sammy" Toro and Angel Nieves were charged with murder. A third man,
"Willie," was never identified, according to a summary of his case
by the Florida Commission on Capital Crimes.
Nieves' prior record includes a second-degree murder conviction
in his native Puerto Rico and escapes there and in Connecticut.
In 1981, he escaped from the Hartford Correctional Center by
holding one guard at knifepoint while another was beaten as he and
three other inmates escaped, according to court records.
Nieves, 55, was convicted and sentenced to death for killing
Miami topless club manager Joseph Nagy in 1979. The conviction was
largely based on the testimony of a jailhouse informant, Ralph Gajus,
who occupied a nearby cell and said Nieves — who spoke poor English
— admitted he was the triggerman by miming the shooting.
Citations:
Diaz v. State, 513 So.2d 1045 (Fla. 1987) (Direct Appeal). In re Diaz, ___ F.3d ___, 2006 WL 3544824 (11th Cir. 2002) (PCR).
Final/Special Meal:
Diaz did not order a last meal. He was served Wednesday's prison
menu of shredded turkey with taco seasoning, shredded cheese, rice,
pinto beans, tortilla shells, apple crisp and ice tea.
Final Words:
''The state of Florida is killing an innocent person. The state of
Florida is committing a crime, because I am innocent. The death
penalty is not only a form of vengeance, but also a cowardly act by
humans. I'm sorry for what is happening to me and my family who have
been put through this.''
ClarkProsecutor.org
They're sure that Diaz was complicit in the killing. They know he
had already shot a police officer in Puerto Rico during a robbery,
then stabbed a prison drug-rehabilitation counselor to death before
busting out of prison and maiming a guard. And they suspect he and
Toro killed yet another man in a Northwest Seventh Street high-rise,
said former Metro-Dade Detective Greg Smith, who was a member of the
nation's first cold-case squad. The squad was a must at the time,
Smith said, because Miami was gripped by the cocaine-cowboy wars and
``bodies were piling up.''
ESCAPES
The Velvet Swing killing was the second case the squad solved,
Smith said, thanks to a tip from Boston police investigating a
murder committed by Toro. After Diaz was arrested in Miami, he told
another jailed killer, Ron Gajus, about his role in the killing and
hatched plans for a jail break -- which would have been his third
after escaping in Puerto Rico and Connecticut.
Gajus told on Diaz
when he found out that he wasn't included in the escape plans, which
Diaz planned to commit with a machine gun. And for that and so much
more, Smith said, Diaz deserved the ultimate penalty. ''Don't forget
what he was going to do in the Dade County jail: He was going to get
a Mac-10 machine gun and blast his way out and kill people. He has
no morals whatsoever,'' Smith said.
Angel Nieves Diaz
FADP.org
BACKGROUND INFORMATION
Puerto Rican native Angel Nieves Diaz was convicted of murdering
Joseph Nagy during the robbery of a Miami bar in December, 1979.
Three men robbed the Velvet Swing Lounge. Nagy, the bar manager,
surprised one of the thieves and was shot by him.
Although a thumbprint placed Diaz at the robbery, no evidence was
presented in trial that Diaz was triggerman in the “robbery gone bad.”
The only testimony to Diaz being the shooter came from a jailhouse
snitch, who has now admitted he lied. In fact, far more credible
testimony was presented that another thief was the killer. In a plea
bargain deal, that thief received a life sentence. The third robber
was never found.
Diaz claimed his first court-appointed lawyer was non-responsive.
The new replacement defense counsel spoke no Spanish and Diaz spoke
only very limited English. Diaz’s request to have his trial delayed
2 weeks in order to prepare a proper defense with his attorney was
denied. Diaz was offered the option of representing himself. Through
an interpreter, he struggled to act as his own attorney. He was
forced to wear leg irons at all times in the courtroom.
The only testimony that fingered Diaz as the shooter came from a
local jailhouse snitch who, although he spoke no Spanish, claimed
that Diaz had “inferred” that he shot a man. The jailhouse snitch
recently recanted his testimony, saying he lied at the trial because
he hoped to get a reduced sentence for his own crimes. Further, the
prosecutor stated at trial, “There will be no evidence as to who the
actual shooter of Joseph Nagy was.”
No intent to kill was proven, as
stated in closing arguments from the prosecutor, “I do not believe
the evidence has shown that this defendant went in there with the
intention of killing anyone.” After only a 3 day trial, Diaz was
convicted. Diaz’s history as a violent felon was presented to the
jury as aggravating factors along with no mitigating factors. The
jury voted 8 to 4 for a sentence of death (during jury selection,
two prospective jurors had been dismissed because they opposed the
death penalty).