Convicted killer Wade Wilson faces death row after Judge Nicholas Thompson handed down a capital sentence Tuesday in two Cape Coral, Florida murders.
Wilson is a Fort Myers, Florida man convicted of killing two Cape Coral women in 2019.
A jury found Wilson, 30, guilty on June 12 of the murders of Kristine Melton , 35, and Diane Ruiz , 43, and after weighing aggravating and mitigating circumstances, they recommended the death penalty .
On June 25, the jury voted – 9-3 in Melton's murder and 10-2 in Ruiz's murder – in favor of the death penalty .
Thompson agreed with the jury, with the gallery was quiet as the sentence was read.
Wilson remained stoic, leaning over to consult with his attorney as the judge spoke.
Wilson faces two more charges, which likely will be adjudicated before his transfer to death row.
A short delay is happening in the scheduled start of Wade Wilson's sentencing for the deaths of two Cape Coral women. An alarm went off in the courtroom about 3:58 p.m., with the bailiffs keeping the gallery in their seats.
The judge had not convened court, where he will announce if he gives Wilson a capital punishment instead of life in prison.
Tuesday morning, a Spencer hearing allowed the defense to present additional evidence to support the sentence. The judge resumed court about 2 p.m. before ending the hearing and then said he'd announce the decision about 4 p.m.
Gardiner stressed that there was no history of a brain injury.
“He has an ability to recount events he wants,” Gardiner said.
Thompson concluded the Spencer hearing. A Spencer hearing allows the defendant’s lawyers to present additional evidence to the judge before a sentence is entered.
Thompson said he will take a break to review the evidence and issue his ruling at 4 p.m.
Meanwhile, the prosecution supports the capital punishment.
“The capital felony was heinous, atrocious and cruel,” prosecuting attorney Gardiner said.
He said the way Melton and Ruiz died sets Wilson’s capital murder case apart from others.
Gardiner said Wilson allowed Melton’s and Ruiz’s lives to slip through his fingers. He overpowered and silenced them.
Shirley continues to fight for Wilson's life as he reminded Thompson that under the prior statute, which required a unanimous vote for the death penalty, Wilson would not have been eligible for the death penalty.
Since April 1, 2023, if more than eight of the 12 jurors vote in favor of = the death penalty, the accused is eligible.“There are people that have been pleading for Wilson’s life,” Shirley said, adding that “death is permanent.”
As Thompson opened the sentencing hearing, Wilson elected not to speak.
“When a judge takes the bench, we hope you don’t have to make a decision like this,” said Shirley one of Wilson's two defense atttorneys. Shirley asked that Thompson consider Wilson’s impairment level.
“We don’t know what kind of treatment that will be on death row,” Shirley said. “He does need treatment.”
Shirley alluded to Wilson’s family history and how his biological mother had addiction issues.
After a nearly two-hour break, court resumed in Wade Wilson's sentencing. Lee Circuit Judge Nicholas Thompson on Tuesday morning heard argument from both sides regarding whether a series of brain injuries Wilson suffered before 2019 led him to kill Kristine Melton, 35, and Diane Ruiz, 43.A jury convicted him in two murders and recommended the death penalty in 10-2 and 9-3 votes. Thompson’s courtroom filled with prosecutors, court workers, bailiffs, news media and the victims’ relatives.
On a cross examination by Hollander, Coyne said he never met Wilson, has not tested him and did not prepare a separate presentation.
The state dismissed and said it has no other witnesses.
Shirley says the defense does not have any other witnesses.
Court adjourns until 2 p.m.
Based on the totality of evidence, Coyne says he found no damage to the skull or the brain.
Assistant State Attorney Sara Miller says Wilson was hospitalized while in jail for a fentanyl overdose.
Wilson also is awaiting trial on two additional charges levied while he was in prison, including a June 2023 drug-smuggling incident at Lee County Jail. In October 2020, Wilson, along with a man accused in a domestic violence case, was thwarted in a bid to escape Lee County Jail.
Coyne concludes there is no damage to Wilson’s brain.
Defense attorney Lee Hollander began a cross examination of Coyne.
Coyne continued his explanation, saying he sees no evidence of atrophy and he sees a “normally structured adult brain.”
Coyne says “it’s hard” to draw conclusions from a single assessment," referencing Rubino's meeting with Wilson last week. Coyne did not examine Wilson.
Coyne said the brain damage is associated with drug use.
Dr. Thomas Coyne then took the stand on behalf of the state. He’s a neuropathologist and an associate medical examiner.
He said he disagrees with Rubino’s findings and went through each point of Rubino's presentation.
He said the ventricles’ sizes are normal.
“You see no evidence of that here,” Coyne said.
Convicted murderer says he'll consider statement at sentencing.
Wilson says he’ll consider addressing the court in the afternoon. The judge will announce his sentence in a hearing scheduled for 2 p.m.
Wade Wilson's parents, Cindy and Steve Wilson continued in the letter: “the human is still in there.”
“Please see it in your heart not take our son.”
They said it won’t bring Melton and Ruiz back.
After remaining silent during his trial, Wade Wilson choose to remain silent at the motions hearing, as is his right.
Shirley read a letter from Wilson's adoptive parents.
“It’s been five years since this began,” Shirley read.
“Wade was a joyful child. Loved his parents,” they wrote. They said Wilson became delusional after his addiction began.
“The system failed him on that fateful day in 2019,” they wrote.
Shirley confirmed Wilson has head trauma he did not report to the expert witness and neurologist Rubino.
Rubino said he was aware Wilson consumed drugs the night before the murders.
A combination of Wilson's brain injuries and the drugs he was on likely resulted in the murders, Rubino said.
“He’s been battling mental health for a long time,” Rubino said.
Rubino says he suspects the head injuries are true, but he does not have paperwork to corroborates the incidents.
He said Wilson has reduced brain mass and first met Wilson last week.
Gardiner says no further questions, Shirley says he has some further questions.
However, Gardiner says Wade Wilson’s adoptive sister, Wendy Wilson, found a CT scan was normal. He did not elaborate in court when that test was conducted.
“You’re assuming a lot of things in this particular case. Are you not, doctor?” Gardiner asked Rubino.
Rubino says there’s no hydrocephalus after Gardiner asked specifically about the condition.
According to the Mayo Clinic , hydrocephalus is the buildup of fluid in cavities called ventricles deep within the brain. The excess fluid increases the size of the ventricles and puts pressure on the brain.
As Gardiner begins asking questions, Rubino tells him, “You can’t fake (brain damage).”
As testimony continued, Rubino referenced the brutal slayings.
“The crime itself indicates he has some type of damage,” he said.
Rubino says he drew two conclusions. Cognitive and emotional disfunction, causing worse behavior and less thinking.He also said he found evidence of a brain injury, explaining that atrophy, because of the brain injury, takes time to develop.
The cross examination begins as Assistant State Attorney Andreas Gardiner begins asking questions.
Rubino presented a PowerPoint with his findings Rubino begins presenting images of Wilson’s brain. He said one of the brain's ventricles is bigger than the others.
According to the website VeryWell Health , ventricles of the brain are: cavities within the brain that produce and store cerebrospinal fluid . This liquid surrounds your brain and spinal cord , cushioning them and protecting them from trauma . It is also responsible for removing waste and delivering nutrients to your brain.
Rubino said Wilson's ventricles are small for his age, and he has some frontal lobe atrophy.
Rubino noted Wilson was impulsive.
Rubino said Wilson’s adoptive sister, Wendy Wilson, said he began showing mental health signs after he was 11.
Rubino talked about Wilson’s head injuries: He suffered head injuries stemming from two crashes where the drivers hit trees.
Rubino said Wilson suffered one concussion playing football and another playing baseball. Rubino said he ordered testing for Wilson after he found signs of brain damage.
Rubino, who charges $400 per hour, told the court the tests he performs are broken into visual, special and executive.
When asked to draw a clock, he drew two "X's".
Two officers were present.“He got paranoid they were watching him,” Rubino said.
He found Wilson had unusual eye movements, which he related to brain damage.
Rubino said he found signs that could relate to Parkinson’s disease, but also show he had been treated for mental health.
Tuesday's morning's motions got underway soon after 9 a.m. with defense attorney Kevin Shirley saying he anticipated one witness.
The witness, Dr. Mark Rubino caught in a long line.“It looks like half of Lee County is here today,” Shirley said.
Rubino testified that he met with Wilson, who was shackled and behind glass for the neurological exam.
First order of business: Motions asked to vacate the verdict
One of Wilson's attorneys, Lee Hollander, filed a final motion July 3 saying the court erred about a Florida state statute that allowed a jury recommend death if at least eight jurors voted in favor. Before the new statute took effect April 1, 2023, a jury's death recommendation required jurors' unanimous vote.
Prior to Wilson's 2 p.m. Tuesday sentencing, Thompson has allotted time during a 9 a.m. hearing the same day to rule on pending motions.
Sentencing delayed after scheduling issues with experts
Thompson on July 19 ruled that the sentencing for Wade Wilson, 30, be reset to Aug. 27.
That hearing lasted exactly 90 minutes. During that time, Thompson heard arguments from defense attorneys Hollander and Kevin Shirley, as well as Assistant State Attorneys Sara Miller and Andreas Gardiner.
Sentencing set for 2 p.m.; includes victim impact statements
The sentencing could take a while.
During Wilson's 2 p.m. sentencing, Thompson is expected to hear victim impact statements. Then the judge will likely have a short break before returning Wilson's sentence.
This article originally appeared on Fort Myers News-Press: Florida killer Wade Wilson sentenced to death in Cape Coral murders
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