The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
McGirth, Renaldo D. (B/M)
DOB: 04/29/88
5th Judicial Circuit, Marion County Case # 06-CF-2999
Sentencing Judge: The Honorable Brian D. Lambert
Attorney, Trial: Candace A. Hawthorne – Private
Attorney, Direct Appeal: Christopher J. Anderson – Private
Attorney, Collateral Appeals: TBA
Date of Offense: 07/21/06
Date of Sentence: 05/05/08
Circumstances of Offense:
Sheila Miller was living with her parents, James and DianaMiller, in The Villages, a gated retirement community in Marion County, Florida.She was recovering from an automobile accident. On 07/21/06, Renaldo McGirth,who was one of Sheila’s acquaintances, Jarrord Roberts, and Theodore Houston,Jr. visited Sheila at her parents’ home. James had seen the three men enter thehouse, but he went to take a shower before his haircut appointment. After theyspent some time talking in the living room, Sheila, McGirth, and Houston wentto Sheila’s room. Roberts stayed in the living room with Diana. While inSheila’s bedroom, McGirth pointed a gun at her and ordered Houston to tape hermouth and bind her wrists with duct tape. Diana was asked to come into Sheila’sbedroom, where McGirth pushed her onto the bed and asked for all of her money.She replied that she only had $70 in the house. McGirth believed she had morebecause she lived in The Villages. When Diana went to retrieve the money,McGirth shot her in the chest. Diana informed McGirth that he shot her in theheart and asked for him to call 911, but he ignored her.
Roberts took the Millers’ wallets and car keys and gave themto McGirth. After James finished his shower, he was taken to Sheila’s bedroom.He was forced to the ground and had his head pinned to the floor by one of themen’s foot. The men then took Diana into the computer room. They used theMiller’s credit cards and identification information coerced from Diana toattempt to purchase cell phones online, but they were unable to complete thepurchases. Diana crawled back to Sheila’s bedroom several minutes later.
McGirth and Houston took Sheila from the house, and Robertsplaced her in the Millers’ van. McGirth and Houston returned to the house whereMcGirth shot James and Diana in the backs of their heads. According to themedical examiner, Diana died as a result of the gunshot to her head. Jamessurvived and escaped through the window to get help from a neighbor.
Meanwhile, McGirth and Roberts took Sheila to an ATM nearby.Houston followed in the car, a silver Ford, which the group used to travel tothe Millers’ house. Sheila withdrew $500, gave the money to McGirth, and hedivided it into thirds. They all traveled to a K-Mart in Belleview whereMcGirth and Sheila attempted to find a specific cell phone in the store, butwithout success. The men and Sheila left the Ford in the K-Mart parking lot andwent to a mall in Gainesville. They tried to withdraw money from multiple ATMsand purchase items from stores, but they were not successful.
Law enforcement officers secured the scene at the Millers’house and issued a BOLO (be on the lookout) for a red van with three blackmales and a possible kidnap victim. The van was spotted by a police officer ata convenience store in Ocala. McGirth went inside the store, and the officerturned on his siren and lights when he returned. McGirth pulled over and wastold by one of the men in the van to “shoot the cop.” Instead, McGirth kept thevan running and, when he was ordered to turn it off, he sped away. A high-speedchase ensued. McGirth gave a gun to Houston and ordered him to shoot Sheila sothat she could not identify any of them. Houston did not shoot her. The van waseventually stopped with stop sticks and a PIT (Precision ImmobilizationTechnique) maneuver that caused it to roll several times. Sheila was found inthe van, and Houston was discovered attempting to pull himself from underneaththe van. McGirth and Roberts managed to flee the van, but were found and takeninto custody shortly after. The police found $259 in McGirth’s pocket. Themoney was bloody, and his fingerprints were found on two paper items fromJames’ wallet.
Codefendant Information:
Roberts received life inprison for robbery with a firearm, 15 years for manslaughter, and five yearsfor attempted voluntary manslaughter. He was also charged with kidnapping with afirearm, but was acquitted of that charge.
Houston testified againstMcGirth and Roberts in exchange for a plea agreement. Houston was convicted ofsecond-degree murder, attempted first-degree murder, and robbery with afirearm. He was sentenced to 20 years in prison.
Trial Summary:
08/09/06 Indictedas follows:
CountI: First-Degree Murder (Diana Miller)
CountII: Attempted First-Degree Murder
CountIII: Robbery with a firearm
CountIV: Kidnapping with a firearm
CountV: Felony Attempting to Elude Police
02/08/08 Juryreturned guilty verdicts on counts I-III and V of the indictment; Juryacquitted on Count IV
02/13/08 Juryrecommended death by a vote of 11-1
05/05/08 Sentencedas follows:
CountI: First-Degree Murder (Diana Miller) – Death
CountII: Attempted First-Degree Murder – Life in Prison
CountIII: Robbery with a firearm – Life in Prison
CountV: Felony Attempting to Elude Police – 15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 08-976
48 So.3d 777
05/27/08 Direct Appeal filed
04/05/10 Oral Arguments held
11/10/10 FSC affirmed convictions and sentence
12/02/10 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 10-8845
(Pending)
02/04/11 Petition filed
Case Information:
McGirth filed a DirectAppeal on 05/27/08. He raised the following eight issues: (1) admittingWilliam’s Rule evidence, (2) response to a jury question concerning the law onprincipals, (3) admitting excessive and inflammatory victim-impact evidence,(4) prosecutorial remark during the penalty phase closing argument, (5) cold,calculated, and premeditated aggravator, (6) heinous, atrocious, or cruelaggravator, (7) avoid-arrest aggravator, and (8) Ring v. Arizona. OralArguments were held on 04/05/10. The Florida Supreme Court affirmed McGirth’sconvictions and death sentence on 11/10/10. A mandate was issued on 12/02/10.
McGirth filed a Petitionfor Writ of Certiorari in the United States Supreme Court on 02/04/11. Thispetition is currently pending.
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Report Date: 01/03/10 EMJ
Approved: 01/11/11 RM
Updated: 02/15/11 EMJ