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  1. #1

    Join Date
    Oct 2010

    Miguel Oyola - Florida Death Row

    Facts of the Crime:

    Convicted and sentenced to death in the December 2007 murder of Michael Lee Gerard. The 35-year-old Gerard was stabbed to death back in December 2007. A logger discovered his body deep in the woods off Tram Road in Jefferson County.

    Oyola was sentenced to death in Jefferson County on October 25, 2010.

  2. #2

    Join Date
    Oct 2010
    September 1, 2010

    After nearly two hours of deliberation, a jury found 40-year-old Miguel Oyola guilty of first-degree murder of Michael Lee Gerrard.

    Oyola was indicted and charged with Gerrard's murder on October 2nd, 2008. Gerrard was stabbed to death and his body was found in a wooded area near the Jefferson County, Leon County line.

    Closing arguments got underway Monday morning and prosecutors say Oyola didn't just premeditate the murder,but that it was done with extreme violence.

    "He is guilty of nothing less than first degree murder, nothing less than first degree murder. He deliberately killed Michael Lee Gerrard, deliberately, not one but two ways. Repeated blows, repeated stabbing, a murder that transpired over a period of time. You know he meant to accomplish what he had done," says Neill Wade.

    Oyola's defense attorney claims that much of the prosecutor's case was speculation, and that it was a crime committed in the heat of passion.

    "There was an unlawful killing of Michael Lee Gerrard, by an act imminently dangerous to another and demonstrating a depraved mind, without the regard to human life. That's the perfect definition of someone with a depraved mind, not first degree murder," says Gregory Cummings.

    Oyola was also found guilty of armed robbery, and grand theft.

    At this point prosecutors say robbery was the motive behind the murder. Gerrard withdrew 900 dollars from his account before he was killed and when his body was found, the money was not on him.

    Witnesses say Oyola claims Gerrard tried to put between 600 and 800 dollars in his mailbox as a Christmas bonus.

    The penalty phase of the trial gets underway Friday morning. Prosecutors are seeking the death penalty.

  3. #3

    Join Date
    Oct 2010
    September 15, 2010

    Man on Trial for Kidnapping, Murder in Monticello- Jury Recommends Death Penalty

    Man on Trial for Kidnapping, Murder in Monticello- Jury Recommends Death Penalty

    Brandy Gerrard stood in tears reading a personal statement about her husband, Michael Lee Gerrard. She urged the jury to give his killer life in prison instead of the death penalty.

    But by a vote of 9 to 3, the jury voted to give Miguel Oyola the death penalty, something that surprised Gerrard's family.

    "I was actually very shocked I personally, and I said this earlier, I don't personally believe in the death penalty but whatever they decide is whatever they decide and I'm fine with that, so I did not think they would, I honestly didn't,I honestly didn't think they'd come back with the death sentence," says Brandy.

    The jury heard a testimony from Oyola's brother,who says Miguel's violent temperment is due to his abusive upbringing. He read a statement from their parents.

    "Ask that they will find forgiveness and mercy as both families deal with this tragedy," says Manuel Oyola.

    Brandy Gerrard turned down a plea deal on Thursday to try Oyola for second degree murder. She says she took the risk to wait for first degree murder charges because that's what her husband would have wanted.

    The judge still has to accept the recommendation from the jury before proceeding forward with the case.

  4. #4

    Join Date
    Oct 2010
    A judge handed down the ruling Monday morning to sentence Miguel Oyola to death for a murder he committed back in 2007.

    Oyola is convicted in the stabbing death of 35 year old Michael Lee Gerrard.

    Back on September 3rd, a jury voted 9 to 3 to recommend Oyola get the death penalty.

    Wade says that the evidence in this case warranted today's outcome.

    "This case was fairly brutal. One of the more brutal I've encountered in 30 years of prosecuting. What occured to the victim, brutal is about the only way I can put it," said Wade.

    Wade says it could be years before this sentence is actually carried out.

    None of Oyola's family was in court today. The victim's family has relocated out of state and was not in court this morning either.

    Gerrard's best friend, Johnny Devine, said it has been a long and painful ride.

    He said he talked with Gerrard's wife this morning and she told him that this was the first time she's been at peace since the murder.

  5. #5
    Senior Member
    JLR's Avatar
    Join Date
    Mar 2011
    Oral arguments were held on the 7th of February.
    You can find the briefs here.

  6. #6
    Heidi's Avatar
    Join Date
    Oct 2010

    In today's Florida Supreme Court opinions, the court AFFIRMED Oyola's conviction, but reversed and remanded the sentence to the trial court for the limited purpose of requiring the trial court to provide the Florida Supreme Court with a revised sentencing order that contains a sentencing evaluation in compliance with Campbell v. State, 571 So. 2d 415 (Fla. 1990).
    A uninformed opponent is a dangerous opponent.

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