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.
MCLEAN, DERRICK (B/M)
9th Judicial Circuit, Orange County Case # 48-04-CF-015923
Sentencing Judge: The Honorable Julie O’Kane
Attorney, Trial: Patricia Cashman – Public Defender
Attorney, Direct Appeal: George D. E. Burden – Public Defender’s Office
Attorney, Collateral Appeals: Christopher S. Quarles – Public Defender’s Office
Date of Offense: 11/24/2004
Date of Sentence: 11/30/2007
Circumstances of Offense:
On 11/24/04, Derrick McLean, his cousin, Maurice Lewin, and an acquaintance, James Jaggon, robbed the apartment of the victim, 15-year-old Jahvon Thompson, with the intent of taking marijuana or money or both. Prior to the robbery, the three men decided that McLean and Jaggon would commit the robbery, and Lewin would wait in the car. McLean and Jaggon both carried guns, but they did not intend to kill anyone.
When Thompson answered the door, McLean and Jaggon rushed inside the apartment. Thompson’s neighbor, Theothlus Lewis, had heard loud noises coming from Thompson’s apartment and thought that it might be music. Lewis informed his girlfriend that he was going to ask Thompson to turn down the music. McLean answered the door, showed Lewis his gun, and directed him into the apartment. McLean asked Lewis for money, but Lewis did not have any.
Thompson and Lewis were ordered to sit on the couch while Jaggon held them at gunpoint. Meanwhile, McLean searched the apartment. At some point during the robbery, McLean gave Jaggon a blue pillow sham, told him to wait outside the apartment to make sure that the woman next door did not enter, and to shoot her if necessary. Lewis could tell the situation was dangerous by the look in McLean’s eyes. He dove to the floor and attempted to crawl to the back of the apartment. This action prompted McLean to shoot Lewis in the back, and fatally shoot Thompson several times in the chest. Although Lewis was wounded, he waited for McLean to leave before he went back to his apartment. His girlfriend and her daughter had already called 911.
Lewin and Jaggon left the scene by car, and McLean took off on foot. They all met at a restaurant nearby. McLean was carrying the pillow sham he had previously given to Jaggon. He got in the car with Lewin and Jaggon, and they pulled out of the restaurant. A police officer in the area, who was driving an unmarked car, had been notified of the shooting. He saw the car pass, turned on his lights, and began to pursue it. Lewin increased his speed to get away from the officer, but he crashed into a sheriff’s deputy’s marked patrol car, who had been investigating an unrelated incident nearby. The deputy attempted to get out of the way when he saw Lewin’s car approaching. Lewin’s car hit the patrol car, and the patrol car hit the deputy in the hip, throwing him 15 to 20 feet. He managed to see Jaggon in the passenger’s seat and McLean running from the car.
Additional officers came to assist with the crash and to search the area. They found a batting glove, black baseball cap, Nokia cell phone, shirt, and handgun in the woods near the crash. A blue pillow sham with marijuana was found in the back seat of Lewin’s car. McLean’s DNA was later found on the shirt, pillow sham, and batting glove, and the cell phone was registered to McLean’s girlfriend. Cell phone records showed that calls had been made from the Nokia phone and Lewin’s phone the day the crime was committed. The Nokia phone also had pictures of a semiautomatic firearm. The images of the firearm matched a .380 Hi-Point semiautomatic that was found six months later in the woods approximately 15 feet from the road where the crash took place. Also, Lewin and Jaggon testified during the trial that McLean used a .380 semiautomatic gun to murder Thompson. Law enforcement found eight shell casings from a .380 Hi-Point semiautomatic in the victim’s apartment as further evidence of McLean being the shooter.
Lewis helped the police to sketch a composite of the shooter the day after the crime. The Orlando Police Department arranged several photo lineups, none of which included McLean. Lewis did not identify his shooter in any of them. On 12/01/04, Jaggon’s father implicated McLean in the crime. Also, a tip from a crime line linked McLean to the crime and provided information about his place of residence. The police were then able to identify McLean as a suspect and include him in a lineup on 12/09/04. Lewis did identify McLean as his shooter in the lineup this time.
James Jaggon was sentenced to 23 years in prison for both Second-Degree Murder and Attempted Robbery with a Deadly Weapon. Maurice Lewin was sentenced to 20 years in prison for Attempted Robbery with a Deadly Weapon and 15 years for Burglary.
01/10/05 Indicted as follows:
Count I: First-Degree Murder
Count II: Home Invasion Robbery (Attempted)
Count III: First-Degree Murder (Attempted)
Count IV: Kidnapping with intent to commit a felony
Count V: Robbery with a firearm (Attempted)
09/06/07 Jury returned guilty verdicts on all counts of the indictment
09/10/07 Jury recommended death by a vote of 9-3
11/30/07 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Home Invasion Robbery (Attempted) – 25 years
Count III: First-Degree Murder (Attempted) – Life
Count IV: Kidnapping with intent to commit a felony – Life
Count V: Robbery with a firearm (Attempted) – 25 years
Florida Supreme Court – Direct Appeal
29 So.3d 1045
12/12/07 Initial appeal filed
10/08/09 Oral arguments held
02/11/10 FSC affirmed conviction and sentence
03/11/10 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
131 S.Ct. 153
05/12/10 Petition filed
10/04/10 Petition denied
On 12/12/07, McLean filed a Direct Appeal in the Florida Supreme Court. McLean raised four claims: the trial court erred by admitting photographic and live lineup identifications when law enforcement did not offer assistance of counsel; the trial court erred in conducting a portion of the Nelson hearing in camera, outside McLean‘s presence; the trial court erred in instructing the jury on the avoid-arrest aggravator; and the death sentence is disproportionate to the nature of the crime committed. Oral arguments were held on 10/08/09, and on 02/11/10 the Florida Supreme Court affirmed McLean’s conviction and sentence. A mandate was issued on 03/11/10.
McLean filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/12/10. This petition was denied on 10/04/10.
Report Date: 02/23/10 EMJ
Approved: 02/24/10 RM
Updated: 02/07/11 EMJ