The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied on for statistical or legal purposes.
BARWICK, Darryl (W/M)
DC # 092501
DOB: 09/29/66
Fourteenth Judicial Circuit, Bay County, Case #86-940
Sentencing Judge: The Honorable W. Fred Turner
Sentencing Judge, Retrial: The Honorable Clinton Foster
Trial Attorney: Michael L. Stone – Assistant Public Defender
Attorney, Retrial: Robert T. Adams – Assistant PublicDefender
Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender
Attorney, Collateral Appeals: D. Todd Doss – Registry
Date ofOffense: 03/31/86
Date of Sentence: 01/30/87
Date ofResentencing: 08/11/92
Circumstances of Offense:
Darryl Barwick was convicted and sentenced to death for themurder of Rebecca Wendt on 03/31/86.
During the late morning of 03/31/86, Rebecca Wendt wassunbathing outside her apartment complex in Panama City. At the sametime, Darryl Barwick was lurking around the premises, watching her as he passedby several times. When Wendt returned to her apartment, Barwick followedher inside intending to steal something. When Wendt resisted, Barwickstabbed her. Later that night, Michael Ann Wendt, the victim’s sister androommate, discovered her body in their bathroom wrapped in a comforter.
Investigators found bloody footprints and fingerprints atthe scene. The victim had been stabbed over 37 times. Wendt’sbathing suit looked as if someone tried unsuccessfully to remove it. There was no evidence of sexual contact, but medical examiners did find semenon the comforter Wendt was wrapped in. Tests conducted on the semenconcluded that Barwick was within two percent of the population that could haveleft the semen.
After his arrest on 04/15/86, Barwick confessed to themurder, but insisted that he only entered Wendt’s apartment under the motive ofrobbery.
Prior Incarceration History in Florida:
| Offense Date | Offense | Sentence Date | County | Case # | Sentence |
| 08/18/1983 | SEX BAT/INJURY NOT LIKELY | 12/02/1983 | BAY | 8301432 | 5Y 0M 0D |
| 08/19/1983 | SEX BAT/PHYS HELPLESS RESIST | 12/02/1983 | BAY | 8301056 | 5Y 0M 0D |
| 08/19/1983 | BURGL-FORCED ENTRY-NONRESIDENC | 12/02/1983 | BAY | 8301056 | 10Y 0M 0D |
Trial Summary:
04/15/86 Defendant arrested.
04/28/86 Defendant indicted on:
Count I: First-DegreeMurder
Count II: Armed Burglary
Count III: Attempted Sexual Battery
Count IV: Armed Robbery
11/24/86 The jury found the defendant guilty on all counts.
11/24/86 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the
death penalty.
01/30/87 The defendant was sentenced as followed:
Count I: First-DegreeMurder - Death
Count II: Armed Burglary – Life
Count III: Attempted Sexual Battery – 30years
Count IV: Armed Robbery – Life
06/15/89 The Florida Supreme Court remanded the defendant’s Direct Appeal (FSC
#70,097) to the Circuit Court fora new trial because the State used its peremptory challenges to excludepotential black jurors.
07/09/92 The new trial jury found the defendant guilty on all counts.
07/16/92 Upon advisory sentencing, the new trial jury, by a 12 to 0 majority, voted
for the deathpenalty.
08/11/92 The defendant was resentenced as followed:
Count I: First-DegreeMurder - Death
Count II: Armed Burglary - Life inPrison
Count III: Attempted Sexual Battery – 30years
Count IV: Armed Robbery – Life in Prison
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #70,097
547 So. 2d 612
02/24/87 Appeal filed.
06/15/89 FSC reversed Barwick’s convictions and vacated his sentences due to an
error made duringjury selection. FSC remanded the case to the State
Circuit Court fora new trial.
09/07/89 Rehearing denied.
10/09/89 Mandate issued.
Florida Supreme Court – Direct Appeal
FSC #80, 446
660 So. 2d 685
09/08/92 Appeal filed.
07/20/95 FSC affirmed the convictions and sentence of Death.
09/19/95 Rehearing denied.
10/19/95 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #95-6964
516 U.S. 1097
12/05/95 Petition filed.
01/22/96 Petition denied.
State Circuit Court – 3.850 Motion
CC #86-940
03/18/97 Motion filed.
04/08/05 Motion amended.
08/28/07 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC # 07-1831
(Pending)
10/01/07 Appeal filed.
Florida Supreme Court –Petition for Writ of HabeasCorpus
FSC #08-1377
(Pending)
07/21/08 Petition filed.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
After Barwick was retried and resentenced, his Direct Appealtook three years to complete. The FSC, in consideration of the financialstatus of the CCR, granted a motion to toll time regarding the filing of the3.850 until 09/01/97. Barwick’s 3.850 Motion has been pending since 03/97due to public records requests.
Case Information:
On 02/24/87, Darryl Barwick filed a Direct Appeal in theFlorida Supreme Court. On 06/15/89, the case was remanded to the CircuitCourt for a new trial based upon the State’s misuse of peremptory challenges.
On 09/08/92, upon being retried and resentenced, Barwickfiled another Direct Appeal in the Florida Supreme Court. In this appeal,Barwick contended that the court erred on four main points: (1) The denial ofhis motions to disqualify Judge Foster, (2) The denial of his motions formistrial due to comments made by the prosecutor shifting the burden of proof,(3) The failure to dismiss the attempted sexual battery charge, (4) Theapplication of several aggravating factors. The Florida Supreme Courtaffirmed the convictions and sentence of death on 07/20/95.
On 12/05/95, the defendant filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was denied on 01/22/96.
On 03/18/97, Barwick filed a 3.850 Motion in the CircuitCourt and amended the motion on 04/08/05. That motion was denied on08/28/07.
Barwick filed a 3.850 Appeal in the Florida Supreme Court on10/01/07. That motion is still pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
03/16/96 0 DISOBEY REGULATIONS UNION C. I.
12/12/03 0 DISOBEYINGORDER UNION C. I.
________________________________________________________________________
10/31/01 – ew
11/07/01 – approved – ws
07/24/08 – updated – klh