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With news last week that two Missouri men had been named on warrants for second-degree murder in the death of Dr. Teresa Sievers, a common question has arisen on social media and among those discussing the case: Why not first-degree murder?
In Florida, the only way a first-degree murder charge can be brought forth is through a grand jurys indictment.
Each of the five counties in Southwest Floridas 20th Judicial Circuit has its own grand jury, made up of 21 people, said Samantha Syoen, a spokeswoman for the State Attorneys Office. A new grand jury is chosen every six months.
Its made up of average citizens, just like a regular jury is, Syoen said.
Syoen declined to comment specifically on the Sievers case, beyond saying that the State Attorneys Office has not yet received the case in its entirety to review for potential charges. Both suspects, Curtis Wayne Wright and Jimmy Rodgers, are named on warrants for second-degree murder, but at this point no charges have actually been filed, Syoen said.
State Attorney Steve Russell declined to comment last week when asked whether prosecutors will convene a grand jury to determine if Wright and Rodgers should be charged with first-degree murder.
Speaking in general terms about the process, Syoen said that in Florida, the state attorney is the only person who can convene a grand jury for a potential charge of first-degree murder. Once convened, the state presents its evidence to the grand jurors, who can hear testimony and ask any questions they might have.
Its quite extensive, Syoen said. All of the evidence is presented to them to make a decision.
At the end, its up to the grand jury to decide if it thinks the case meets the criteria for a charge of first-degree murder. It takes 12 or more of the 21 grand jurors to reach an indictment.
In recent cases in Southwest Florida, grand jury indictments on first-degree murder charges happened weeks or months after a persons arrest on lesser charges.
In Florida, there doesnt have to be evidence of premeditation for a killing to be considered first-degree murder. A defendant can also be indicted on that charge if he or she was participating, or attempting to participate, in certain felony offenses, such as burglary, sexual battery or home-invasion robbery. That means a person can be charged with first-degree murder if someone was killed during another crime, even if the defendant didnt mean for it to happen.
In cases where a grand jury does indict a defendant for first-degree murder, the state still must decide whether or not to seek the death penalty. If the prosecutors assigned to the case feel it meets the qualifications, they can ask the state attorney to convene whats called a death penalty review committee, which is made up of experienced prosecutors from within the judicial circuit.
That committee then gives its findings to the state attorney and a decision is made whether or not to file a notice of intent to seek the death penalty, Syoen said.
http://www.naplesnews.com/news/crime/why-not-first-degree-murder-for-suspects-in-dr-teresa-sievers-case-ep-1254895336-335934351.html
