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 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 & Linda McDermott – 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 home from work on her lunch break and discovered her neighbor, Chadwick Willacy, burglarizing her home.
When Willacy noticed that Sather was in the house, he struck her over the head several times with a blunt object hard enough to fracture and dislodge part of her skull. Willacy bound her hands and ankles with wire and duct tape. He then wrapped a telephone cord tightly around her neck in an effort to strangle her. When this failed to work, Willacy doused Sather with gasoline and set her on fire. Medical examiner’s reports indicate that Sather died from smoke inhalation.
Sather’s son-in-law discovered her body when he went over to her house following a call from her employer notifying the family that Sather never 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-Degree Premeditated 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 the imposition of the death penalty.
12/10/91 The defendant was sentenced as follows:
Count II: First-Degree Premeditated Murder - Death
Count III: Burglary With An Assault – 30 years
Count IV: Robbery With A Firearm – 30 years
Count V: First-Degree Arson – 30 years
05/12/94 On Direct Appeal, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded to the trial court for a new penalty phase.
10/03/95 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the imposition 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 affirmed Willacy’s convictions, but reversed
his death sentence and remanded the 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’s sentence of death.
06/04/97 Rehearing denied.
07/07/97 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
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 Habeas Corpus
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 of Certiorari
USSC# 07-8747
128 S.Ct. 1665
01/07/08 Petition filed.
03/17/08 Petition denied.
United States District Court, Middle District – Habeas Petition
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 case is 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 of the Sentence:
On 05/11/98, Willacy filed a 3.850 Motion in the State Circuit Court that was pending for over five years.
Case Information:
On 01/13/92, Willacy filed a Direct Appeal in the Florida Supreme Court. In the appeal, he argued that the trial court erred in denying defense counsel’s request to rehabilitate a State-stricken juror after she indicated that she could not recommend the death penalty. The Florida Supreme Court noted that the trial court properly sustained the State’s challenge for cause, but erred in failing to allow the defense an opportunity to rehabilitate the juror. Willacy also claimed that a Neil violation1 occurred when the only African-American on the panel was peremptory challenged by the State. The Florida Supreme Court found no error in the challenge. Willacy also argued that his Miranda rights were violated when a detective initiated a conversation with him without his lawyer present, in which he subsequently implicated himself in the murder. The trial court ruled that Willacy’s statement was made voluntarily and could be used to impeach his testimony if he took the stand. The Florida Supreme Court agreed. Based on the error that occurred during voir dire, the Florida Supreme Court affirmed Willacy’s convictions, but reversed his death sentence and remanded for a new penalty phase proceeding.
On 11/20/95, Willacy was sentenced to death again. He then filed a Direct Appeal in the Florida Supreme Court on 02/12/95. In the appeal, he argued the trial court erred in denying his motion to have Judge Yawn disqualified from his case. He claimed that Yawn was biased toward the death penalty since he presided over Willacy’s original trial. Willacy claimed that the trial court erred in allowing the State to present additional testimony, photos and a videotape of the victim’s burned body. Willacy also argued the consideration and application of aggravating circumstances. The Florida Supreme Court found no error and affirmed Willacy’s death sentence on 04/24/97.
Willacy filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/10/97.
Next, Willacy filed a 3.850 Motion to the State Circuit Court on 05/11/98. The motion was amended on 03/18/02 and denied on 11/19/04.
On 01/31/05, Willacy filed a 3.850 Motion Appeal in the Florida Supreme Court. On 06/28/07, the FSC affirmed the denial of the motion. On 07/13/07, Willacy filed a Motion for Rehearing, which was 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 Habeas Corpus in the Florida Supreme Court. On 06/28/07, the FSC denied the petition. On 07/13/07, Willacy filed a Motion for Rehearing, which was denied 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 Certiorari in the United States Supreme Court. This petition was denied on 03/17/08.
On 04/22/08, Willacy filed a Habeas Petition in the United States District Court, Middle District. On 05/19/10, Willacy filed an Amended Habeas Petition (pro se). On 06/23/10, the court issued an order striking Willacy’s Amended Pro Se Habeas Petition. On 10/28/10, Willacy filed a motion to stay proceedings, and the motion was granted in part and denied in part on 10/29/10. On 04/14/11, a Motion to Stay Proceedings was filed. On 05/13/11, an order staying the proceedings until the Florida Supreme Court case is completed was filed.
On 11/01/10, Willacy filed a 3.851 Motion in the State Circuit Court. On 11/24/10, the court granted the motion. The State filed a motion for rehearing on 12/02/10, and the hearing was held on 12/09/10. On 12/13/10, the State Circuit Court denied the 3.851 Motion.
On 01/14/11, Willacy filed a 3.851 appeal in the Florida Supreme 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 DISOBEYING ORDER 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 OF DRUGS 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