JACKSONVILLE, Fla. — The Florida Supreme Court on Thursday upheld the death sentence of a man who murdered a 65-year-old Jacksonville woman described in a court document as being like a “grandmother-type figure” to him during his childhood.
Justices rejected a series of arguments raised by Death Row inmate Randall Deviney, who was 18 when he murdered Delores Futrell in 2008.
Futrell’s throat was slit, and her body showed other injuries.
While an initial death sentence against Deviney was overturned, he was sentenced again to death in December 2017.
The appeal to the Supreme Court included arguments that what are known as “aggravator” factors had been improperly applied in determining Deviney should be sentenced to death.
But Thursday’s main opinion rejected those arguments, including an aggravator about Futrell being a “particularly vulnerable victim” because of her age or disability.
“Based upon our review of the record, we find that there is competent, substantial evidence to support the finding of the PVV (particularly vulnerable victim) aggravator,” said the main opinion shared fully by Justices Ricky Polston, Carlos Muniz and John Couriel and partly joined by Chief Justice Charles Canady, Justice Alan Lawson and Justice Jamie Grosshans.
“Futrell was 65 years old at the time of her murder. She was diagnosed with MS (multiple sclerosis), which caused her to have balance and coordination problems. Due to her MS, Futrell’s condition had progressively deteriorated over the last five to six years of her life, causing her to have further weakness, difficulty performing certain tasks such as caring for her dog, and trouble with walking. Furthermore, there was a significant age disparity of 47 years between Futrell and Deviney.”
Justice Jorge Labarga dissented, saying a circuit judge erred in denying Deviney’s challenge to a juror who displayed an improper predisposition to vote for a death sentence.
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Cox Media Group
