IN less than two weeks, “Deadpool Killer” Wade Wilson is to be sentenced over the brutal murders of two women, potentially facing death row.
While a jury has recommended the extreme punishment for the Fort Myers, Florida, native, an expert on death row has indicated the convicted murderer could escape capital punishment due to that very recommendation.
Wilson, 30, has been convicted of horrifically killing Kristine Melton and Diane Ruiz on the same night in October 2019 in Cape Coral, Florida.
Wilson, highly recognizable due to his extensive neck and face tattoos, has been dubbed the “Deadpool Killer” due to his sharing of a name with the notorious Marvel character.
Following his conviction, a jury recommended Judge Nicholas Thomas impose the death penalty later this month.
The recommendation was not unanimous, with a 9-3 decision in favor.
Matthew Mangino, a former district attorney turned prosecutor and author of The Executioner’s Toll, exclusively told The U.S. Sun that this non-unanimous decision is what could result in Wilson avoiding capital punishment.
Mangino explained that across the United States, there are only two states that allow for a jury to hand down a recommendation for the death penalty in a non-unanimous vote: Florida and Alabama.
Alabama restricts that to 10-2 decisions for a 12-person jury, while Florida goes as far as to allow for 8-4 non-unanimous recommendations.
Based on this alone, Magino said he was surprised the recommendation was handed out to the convicted murderer.
“I am surprised that he had the death penalty recommendation because it wouldn’t be a death penalty recommendation anyplace else,” Mangino said.
While the heinousness of Wilson’s crimes certainly played a factor in this decision, he went on to call the recommendation complete “unprecedented.”
Because the recommendation was not unanimous, Magino explained that it opens the door for Wilson’s legal team to appeal a death penalty sentence.
“That’s ripe for appeal,” he said.
“That’s begging to be resolved by an appellate court.”
Mangino indicated that if Wilson is sentenced to death and his team appeals, the case could have enough standing to go all the way to the Supreme Court solely based on the sentencing recommendation.
This might be the kind of case that the Supreme Court would ultimately look at because this is truly an outlier.
Matthew Mangino
He pointed to past precedents set by the high court, namely Kennedy v. Louisiana (2008) in which the Supreme Court ruled that the death penalty cannot be imposed if the victim is not dead.
However, a question remains in Wilson’s case.
“They have not done anything with regard to unanimous juries,” Mangino said.
“This might be the kind of case that the Supreme Court would ultimately look at because this is truly an outlier.
Who: Wade Wilson, 30, from Fort Myers, Florida.
Crime: On June 12 found guilty of two counts of first-degree murder, grand theft, battery, burglary, and petty theft.
Victims:
When: Both women were killed on October 7, 2019. Wilson was 25.
How:
Defense: Mental illness and drug addiction. Forensic psychiatrist Dr. Mark Mills claimed Wilson suffered from “some kind of psychotic disorder.”
Jury Ruling: On June 25, the jury voted 9-3 and 10-2 in favor of the death penalty for the two murders.
Sentence: Judge Nicholas Thompson will sentence Wilson on July 23 when he will decide on imposing the death penalty.
“A 9-3 recommendation is just unprecedented, so you know, I think this is the kind of case that’s going to be ripe for review.”
There is no requirement of the judge to go along with the jury’s recommendation, and Florida’s non-unanimous decision will likely play a factor in what sentence Thomas hands down, Magino said.
However, traditionally, in states like Alabama and Florida, he noted the judges are typically reluctant to go against the jury’s decision.
Thomas is set to hand down a sentence for Wilson on July 23.
