The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied 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 Public Defender
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: D. Todd Doss – Registry
Date of Offense: 03/31/86
Date of Sentence: 01/30/87
Date of Resentencing: 08/11/92
Circumstances of Offense:
Darryl Barwick was convicted and sentenced to death for the murder of Rebecca Wendt on 03/31/86.
During the late morning of 03/31/86, Rebecca Wendt was sunbathing outside her apartment complex in Panama City. At the same time, Darryl Barwick was lurking around the premises, watching her as he passed by several times. When Wendt returned to her apartment, Barwick followed her inside intending to steal something. When Wendt resisted, Barwick stabbed her. Later that night, Michael Ann Wendt, the victim’s sister and roommate, discovered her body in their bathroom wrapped in a comforter.
Investigators found bloody footprints and fingerprints at the scene. The victim had been stabbed over 37 times. Wendt’s bathing suit looked as if someone tried unsuccessfully to remove it. There was no evidence of sexual contact, but medical examiners did find semen on the comforter Wendt was wrapped in. Tests conducted on the semen concluded that Barwick was within two percent of the population that could have left the semen.
After his arrest on 04/15/86, Barwick confessed to the murder, but insisted that he only entered Wendt’s apartment under the motive of robbery.
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-Degree Murder
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-Degree Murder - Death
Count II: Armed Burglary – Life
Count III: Attempted Sexual Battery – 30 years
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 for a new trial because the State used its peremptory challenges to exclude potential 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 death penalty.
08/11/92 The defendant was resentenced as followed:
Count I: First-Degree Murder - Death
Count II: Armed Burglary - Life in Prison
Count III: Attempted Sexual Battery – 30 years
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 during jury selection. FSC remanded the case to the State
Circuit Court for a 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 of Certiorari
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 Habeas Corpus
FSC #08-1377
(Pending)
07/21/08 Petition filed.
Factors Contributing to the Delay in the Imposition of the Sentence:
After Barwick was retried and resentenced, his Direct Appeal took three years to complete. The FSC, in consideration of the financial status of the CCR, granted a motion to toll time regarding the filing of the 3.850 until 09/01/97. Barwick’s 3.850 Motion has been pending since 03/97 due to public records requests.
Case Information:
On 02/24/87, Darryl Barwick filed a Direct Appeal in the Florida Supreme Court. On 06/15/89, the case was remanded to the Circuit Court for a new trial based upon the State’s misuse of peremptory challenges.
On 09/08/92, upon being retried and resentenced, Barwick filed another Direct Appeal in the Florida Supreme Court. In this appeal, Barwick contended that the court erred on four main points: (1) The denial of his motions to disqualify Judge Foster, (2) The denial of his motions for mistrial due to comments made by the prosecutor shifting the burden of proof, (3) The failure to dismiss the attempted sexual battery charge, (4) The application of several aggravating factors. The Florida Supreme Court affirmed the convictions and sentence of death on 07/20/95.
On 12/05/95, the defendant filed a Petition for Writ of Certiorari 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 Circuit Court and amended the motion on 04/08/05. That motion was denied on 08/28/07.
Barwick filed a 3.850 Appeal in the Florida Supreme Court on 10/01/07. That motion is still pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
03/16/96 0 DISOBEY REGULATIONS UNION C. I.
12/12/03 0 DISOBEYING ORDER UNION C. I.
________________________________________________________________________
10/31/01 – ew
11/07/01 – approved – ws
07/24/08 – updated – klh