FORT MYERS, Fla. — Convicted Cape Coral murderer, Wade Wilson, will go to death row. Judge Nick Thompson agreed with the jury's decision and sentenced Wilson to death on Tuesday afternoon.
Watch Fox 4's Team Coverage of what happened in court on Tuesday
Wilson sat still and did not react when the judge read his decision.
Watch Judge Nick Thompson read his decision here:
Follow the case with our live blog of Wilson sentencing hearing below:
UPDATE 4:24 PM
Wade Wilson has been sentenced to death.
- Count 1 - First Degree Murder of Kristine Melton - Death
- Count 2 - Grand Theft of a Motor Vehicle - 5 years in Florida Department of Corrections
- Count 3 - Battery - 364 Days in the Lee County Jail
- Count 4 - First Degree Murder of Diane Ruiz - Death
- Count 5 - Burglary of a dwelling - 15 years in Florida Department of Corrections
- Count 6 - Petite Theft - 364 days in the Lee County Jail
A no contact order will be issued for the victims' family members.
UPDATE 4:22 PM
People are re-entering the building.
No word yet on when the sentencing will resume.
UPDATE 4:22 PM
People are re-entering the building.
No word yet on when the sentencing will resume.
UPDATE 4:00 PM
A fire alarm was set off and people were asked to exit the building on the first floor.
UPDATE 2:23 PM
Court is in recess.
Sentencing is scheduled for 4:00 PM.
UPDATE 2:11 PM
The state is giving closing arguments for the Spencer hearing.
"All of his scans were normal."
UPDATE 2:01 PM
The defense has approached the podium, asking the judge for final consideration of the evidence presented in regards to Wilson's Spencer hearing.
"Death is permanent."
UPDATE 1:53 PM
The courtroom has filled with law enforcement, family members and supporters as sentencing will be soon be underway inside of the Lee County courthouse.
UPDATE 11:43 AM
The Spencer hearing has concluded.
Court will resume at 2PM.
UPDATE 11:00 AM
"I see no evidence of atrophy on this brain."
Dr. Thomas Coyne has taken the stand.
He testified during Wilson's trial.
Coyne has performed more than 4,000 autopsies, he says.
Coyne disagrees with Rubino's physical assessment of Wilson's brain.
"I see no evidence of atrophy on this brain."
"I would call this a structurally-normal adult brain."
Coyne says his findings also do not find patterns of chronic traumatic brain injury in Wilson's brain.
"I saw no evidence that there was no underlying structural abnormality to the brain that was consistent with brain trauma."
UPDATE 10:52AM
"Please see it in your heart not to kill our son."
The defense is reading a letter from Wilson's adoptive parents, Candy and Steve Wilson.
Some quotes are listed below:
- "You can't possibly understand how sorry we are for the families affected by this tragedy."
- "Wade was a joyful child."
- "Wade began to slip away from us" (in reference to his teen years)
- "The system failed him."
- "Despite everything, Wade is still our son, and we love him."
- "Please see it in your heart not to kill our son."
UPDATE 10:33 AM
The defense is cross examining - asking Rubino about his examinations versus previous exams.
Shirley also asks Rubino about the impact of drugs, like cocaine, in Wilson's conduct.
Rubino confirms that various factors including drugs, and a brain disease could have impacted Wilson's behavior.
The defense has no more witnesses.
A 10-minute break is underway.
UPDATE 9:58 AM
"You're assuming a lot of things, aren't you, doctor?", Gardiner retorted.
ASA Andreas Gardiner is now questioning Rubino.
"You're relying solely on what Mr. Wilson is telling you, correct?," Gardiner pushed.
Rubino answered by saying that Wilson's neuro-exam wasn't normal, so he was apt to believe Wilson.
"You're assuming a lot of things, aren't you, doctor?", Gardiner retorted.
Gardiner says both radiologists who reviewed Wilson's MRI and CT scans found them to be normal.
Rubino says he found them to be abnormal in regards to behavior.
Gardiner mentions and Rubino confirms that he did not review the October 2019 911 call or witness statements.
"You didn't have an opportunity to review behavior from October 2019?," Gardiner asked.
"I met him last week."
The state continues to press Gardiner about what evidence he reviewed, including jail calls and emails.
Rubino says he had not reviewed that evidence, but due to his findings, he can conclude that physical impact like atrophy could alter Wilson's behavior.
"I'm not saying he's incompetent. He has impairments that make him more likely to be impulsive."
Rubino asked if Gardiner was attempting to correlate brain changes to predictive behavior.
"That would be my limitation. Yes."
UPDATE 9:17 AM
Wilson became frustrated saying statements like "I can't do this".
Dr. Mark Rubino has taken the stand.
This is his 78th time testifying in a case.
Rubino says Wilson was bound and shackled during his first evaluation.
He tells the court he evaluated Wilson's mental status using a montreal cognitive assessmentmeasuring memory, attention, language, delayed recall and association.
Rubino says during part of the test, Wilson became frustrated saying statements like "I can't do this".
The neurologist believed Wilson felt anxious due to police presence.
The rest of this particular test was provided without law enforcement present.
Rubino says Wilson told him he was "pretty normal" up until 11 years old, and that's when told his parents he thought he was going crazy.
Rubino also says Wilson told him he sustained head injuries during a car crash - in which he lost consciousness.
Wilson said he went to the hospital, but didn't receive treatment.
Wilson said he also sustained a head injury as a passenger in a car that also hit a tree.
He was seen by EMS but did not receive further medical attention.
Other injuries, Wilson told Rubino, were sustained from sports.
Rubino ordered further testing, including an MRI and a CT-PET Scan.
A brain scan displayed by Rubino in the courtoom indicates that Wilson has very small ventricles - space inside the brain with spinal fluid.
Rubino says Wilson has some frontal lobe damage.
Rubino concludes:
1. Ventrical asymmetry which indicates cognitive and emotional dysfunction
Rubino says this can cause less thinking, morse behavior and less likely to modify behavior
2. Evidence of brain injury (atrophy):
Rubino says this can make one more likely to get mad and not be able to calm down - causing one to be impulsive and less likely to act without consequence or plan. There is a higher likelihood to be agitated and irritated.
Rubino says this has probably been occurring over the last several years.
"Medication can be helpful," Rubino says, in treating the psychiatric disease.
Wilson's physical impairments are separate from psychiatric impairment.
"This can be treated," Rubino says.
UPDATE 9:00 AM
A motion was denied for Wilson to appear in street clothes. He is present in court wearing an orange jumpsuit and shackles on his ankles.
Wade Wilson's Spencer hearing is underway.
One witness, Dr. Mark Rubino (a neuorolgoist) is expected to take the stand
A motion was denied for Wilson to appear in street clothes. He is present in court wearing an orange jumpsuit and shackles on his ankles.
UPDATE 7:00 AM
What to expect today
Wade Wilson is scheduled to have two hearings on Tuesday.
- The first is a Spencer Hearing at 9:00 am. It's a chance for both the defense and the state to present evidence that may not have been in the trial, in an attempt to sway the sentencing decision.
- Judge Nick Thompson is then scheduled to sentence Wilson at 2pm
