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 upon for statistical or legal purposes.
WILLACY, Chadwick Scott (B/M)
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 & LindaMcDermott – 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 homefrom work on her lunch break and discovered her neighbor, Chadwick Willacy,burglarizing her home.
When Willacy noticed that Sather was in the house, he struckher over the head several times with a blunt object hard enough to fracture anddislodge part of her skull. Willacy bound her hands and ankles with wireand duct tape. He then wrapped a telephone cord tightly around her neckin an effort to strangle her. When this failed to work, Willacy dousedSather with gasoline and set her on fire. Medical examiner’s reportsindicate that Sather died from smoke inhalation.
Sather’s son-in-law discovered her body when he went over toher house following a call from her employer notifying the family that Sathernever 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-DegreePremeditated 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 theimposition of the death penalty.
12/10/91 The defendant was sentenced as follows:
CountII: First-Degree PremeditatedMurder - Death
Count III: Burglary With An Assault –30 years
Count IV: Robbery With A Firearm – 30years
Count V: First-Degree Arson – 30years
05/12/94 On Direct Appeal, the Florida Supreme Court affirmed Willacy’s convictions, butreversed his death sentence and remanded to the trial court for a new penaltyphase.
10/03/95 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for theimposition of the death penalty.
11/20/95 The defendant was resentenced as follows:
Count I: First-Degree Murder - Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #79,217
640 So. 2d 1097
01/13/92 Appeal filed.
05/12/94 The Florida Supreme Court affirmedWillacy’s convictions, but reversed
his death sentence and remandedthe case to trial court for a new penalty phase proceeding.
08/15/94 Rehearing denied.
09/14/94 Mandate issued.
Florida Supreme Court – Direct Appeal (Resentencing)
FSC #86,994
696 So. 2d 693
12/12/95 Appeal filed.
04/24/97 The Florida Supreme Court affirmed Willacy’ssentence of death.
06/04/97 Rehearing denied.
07/07/97 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #97-5893
522 U.S. 970
09/02/97 Petition filed.
11/10/97 Petition denied.
State Circuit Court – 3.850 Motion
CC #90-16062
05/11/98 Motion filed.
03/18/02 Motion amended.
02/16/04 Evidentiary hearing held.
11/19/04 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-189
967 So.2d 131
01/31/05 Appeal filed.
06/28/07 FSC affirmed denial of motion.
07/13/07 Motion for Rehearing filed.
10/10/07 Motion for Rehearing denied.
10/26/07 Mandate
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #05-2021
967 So.2d 131
11/03/05 Petition filed.
06/28/07 FSC denied petition.
07/13/07 Motion for Rehearing filed.
10/10/07 Motion for Rehearing denied.
10/26/07 Mandate
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 07-8747
128 S.Ct. 1665
01/07/08 Petition filed.
03/17/08 Petition denied.
United States District Court, Middle District – HabeasPetition
USDC# 08-00619
(Pending)
04/22/08 Petition filed.
05/19/10 Amended petition filed (pro se)
06/23/10 Order striking amended pro se petition
10/28/10 Motion to stay filed
10/29/10 Motion granted in part and denied in part
05/13/11 Order staying proceedings until FSC caseis completed
State Circuit Court – 3.851 Motion
CC #90-16062
11/01/10 Motion filed
11/24/10 Motion granted
12/02/10 Motion for rehearing filed by State
12/09/10 Rehearing held
12/13/10 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC #SC11-99
(Pending)
01/14/11 Appeal filed
Factors Contributing to the Delay in the Imposition ofthe Sentence:
On 05/11/98, Willacy filed a 3.850 Motion in the StateCircuit Court that was pending for over five years.
Case Information:
On 01/13/92, Willacy filed a Direct Appeal in the FloridaSupreme Court. In the appeal, he argued that the trial court erred indenying defense counsel’s request to rehabilitate a State-stricken juror aftershe indicated that she could not recommend the death penalty. The FloridaSupreme Court noted that the trial court properly sustained the State’schallenge for cause, but erred in failing to allow the defense an opportunityto rehabilitate the juror. Willacy also claimed that a Neilviolation1 occurred when the onlyAfrican-American on the panel was peremptory challenged by the State. TheFlorida Supreme Court found no error in the challenge. Willacy alsoargued that his Miranda rights were violated when a detective initiated aconversation with him without his lawyer present, in which he subsequentlyimplicated himself in the murder. The trial court ruled that Willacy’sstatement was made voluntarily and could be used to impeach his testimony if hetook the stand. The Florida Supreme Court agreed. Based on theerror that occurred during voir dire, the Florida Supreme Court affirmedWillacy’s convictions, but reversed his death sentence and remanded for a newpenalty phase proceeding.
On 11/20/95, Willacy was sentenced to death again. Hethen filed a Direct Appeal in the Florida Supreme Court on 02/12/95. Inthe appeal, he argued the trial court erred in denying his motion to have JudgeYawn disqualified from his case. He claimed that Yawn was biased toward thedeath penalty since he presided over Willacy’s original trial. Willacyclaimed that the trial court erred in allowing the State to present additionaltestimony, photos and a videotape of the victim’s burned body. Willacyalso argued the consideration and application of aggravating circumstances. The Florida Supreme Court found no error and affirmed Willacy’s death sentenceon 04/24/97.
Willacy filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 11/10/97.
Next, Willacy filed a 3.850 Motion to the State CircuitCourt on 05/11/98. The motion was amended on 03/18/02 and denied on11/19/04.
On 01/31/05, Willacy filed a 3.850 Motion Appeal in theFlorida Supreme Court. On 06/28/07, the FSC affirmed the denial of themotion. On 07/13/07, Willacy filed a Motion for Rehearing, whichwas denied on 10/10/07. On 10/26/07, a mandate was issued in this case.
On 11/03/05, Willacy filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. On 06/28/07, the FSC denied thepetition. On 07/13/07, Willacy filed a Motion for Rehearing, which wasdenied on 10/10/07. On 10/26/07, a mandate was issued in this case.
On 01/07/08, Willacy filed a Petition for Writ of Certiorariin the United States Supreme Court. This petition was denied on 03/17/08.
On 04/22/08, Willacy filed a Habeas Petition in the UnitedStates District Court, Middle District. On 05/19/10, Willacy filed anAmended Habeas Petition (pro se). On 06/23/10, the court issued an orderstriking Willacy’s Amended Pro Se Habeas Petition. On 10/28/10, Willacy fileda motion to stay proceedings, and the motion was granted in part and denied inpart on 10/29/10. On 04/14/11, a Motion to Stay Proceedings was filed. On05/13/11, an order staying the proceedings until the Florida Supreme Court caseis completed was filed.
On 11/01/10, Willacy filed a 3.851 Motion in the StateCircuit Court. On 11/24/10, the court granted the motion. The State filed amotion for rehearing on 12/02/10, and the hearing was held on 12/09/10. On12/13/10, the State Circuit Court denied the 3.851 Motion.
On 01/14/11, Willacy filed a 3.851 appeal in the FloridaSupreme Court.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
---------- ---- ---------------------------- -------------------
08/17/92 0 DISOBEYING ORDER FSP - MAIN UNIT
09/13/93 0 DISOBEYING ORDER UNION C. I.
06/21/94 0 PART.IN RIOTS UNION C. I.
07/31/94 0 DISOBEYINGORDER UNION C. I.
11/24/94 0 DISORDERLY CONDUCT UNION C. I.
01/20/96 0 DISOBEYING ORDER UNION C. I.
08/15/97 178 UNAUTH USE OFDRUGS UNION C. I.
04/11/98 0 INTRO.CONTRABAND UNION C. I.
10/24/98 0 INTRO.CONTRABAND UNION C. I.
02/02/99 0 DEST. OF ST. PROP. UNION C. I.
08/01/01 0 DISOBEYING ORDER UNION C. I.
06/19/03 0 POSS OF ESCAPE PARA UNION C. I.
1Neil Violation– a racially motivated peremptory challenge
____________________________________________________________________
Original 11/21/02 EW
Approved 12/04/02 WS
Updated 05/16/11 MJH