Dominick Occhicone, an 80-year-old man facing execution in Florida, has filed a motion to halt his impending death sentence, citing severe health issues and his advanced age after nearly four decades on death row. His execution date was set for July 28, making him potentially the oldest person ever executed in the state. The motion was filed in Pasco County by his legal team, led by attorney Ali Shakoor, arguing that his deteriorating physical condition and age should warrant a commutation of his sentence.

Background of the Case

Occhicone was convicted in 1987 for the murders of Raymond and Martha Artzner, the parents of his former fiancée. The couple was shot and killed at their home in June 1986, several months after their daughter had ended her engagement to Occhicone. At the time of his sentencing, the jury recommended death by a 7-5 vote. Under current Florida law, a unanimous jury recommendation is required for a death sentence, meaning Occhicone would likely receive a life sentence if tried today.

Arguments for Commutation

Occhicone’s legal team has presented a detailed account of his declining health and advanced age as reasons to spare him from execution. Court documents filed on his behalf highlight several medical conditions, including:

• Poor vision and significant hearing loss, necessitating the use of a hearing aid.
• Declining renal function and kidney disease, with cysts present on one kidney.
• A blocked artery and irregular heart rhythms.
• Prostate issues and incontinence, common among elderly men.
• Mobility issues, including difficulty walking, which requires assistance from prison staff for tasks like showering and navigating stairs.

The defense contends that executing an octogenarian like Occhicone no longer serves any retributive purpose and would amount to mere vengeance, which they argue is contrary to societal dignity. “The execution of an octogenarian is a manifestly unjust use of the state’s power,” Shakoor stated in the court documents, urging the court to intervene.

Concerns Regarding Prison Staff

Beyond Occhicone’s personal health, his attorneys have also raised concerns about the psychological impact of carrying out executions, particularly on elderly inmates. They argue that prison staff have developed a rapport with Occhicone over his 39 years of incarceration, noting that he has formed relationships with staff, including the Florida State Prison Warden Randall Polk. The defense suggests that forcing staff to prepare an elderly inmate for execution inflicts undue trauma and “moral injury” on them.

The motion proposes that the state consider a temporary moratorium on executions to allow for an examination of the psychological effects on correctional staff. “Occhicone’s case presents the occasion for a pause to assess the damage which has been done and survey the mental health of the correctional staff,” the filing stated.

Details of the Murders

The events leading to the murders on June 10, 1986, began when Occhicone visited his ex-fiancée’s home in the early morning hours. His former fiancée testified that she refused to discuss their relationship and threatened to call the sheriff if he did not leave. Occhicone departed but returned later. When her father confronted Occhicone in the driveway, an altercation ensued, during which Occhicone produced a firearm and shot him. His ex-fiancée and her daughter escaped, but her mother was killed inside the home. Raymond Artzner died from a single gunshot wound to the chest, while Martha Artzner sustained multiple gunshot wounds.

During the trial, testimony indicated that Occhicone had a history of a “hot temper” and had exhibited verbal and physical abuse towards his ex-fiancée and her children. His defense team had argued that severe alcohol abuse, including consuming a significant amount of alcohol on the day of the murders, affected his intent. Records suggest he was a heavy drinker, often consuming 10 to 15 vodka cocktails before lunchtime.

Governor’s Role and Future Proceedings

Governor Ron DeSantis has been active in carrying out executions during his tenure, signing 31 death warrants and overseeing 19 executions in the past year alone, which was a national high. Occhicone’s death warrant is the 12th signed by DeSantis this year. As the governor prepares to leave office in January, the state has seen a significant number of executions.

A hearing was scheduled for Wednesday afternoon before Pinellas-Pasco Circuit Judge Pat Siracusa to address the defense’s motion. State attorneys had not yet formally responded to the filing as of Wednesday morning.

Conclusion

Dominick Occhicone’s case highlights the complex legal and ethical considerations surrounding capital punishment, particularly in instances involving elderly inmates with severe health issues. The defense’s arguments focus on both the inmate’s condition and the potential impact on prison staff, presenting a multi-faceted challenge to the scheduled execution. The outcome of the upcoming hearing will determine whether Occhicone’s nearly four-decade wait on death row will end in execution or be commuted.