Marion death row inmate was going to represent himself. The state had no objection.

Renaldo Devon McGirth is no stranger to the practice of firing defense lawyers.

In 2013, for example, McGirth dismissed two of his lawyers, stating they were ineffective.

Now, facing resentencing in his high-profile murder case, McGirth has tried to do it again. Last week, he insisted to Circuit Judge Gary Sanders that he wanted to represent himself. His list of reasons included a lack of communication with his lawyer, Daniel Hernandez.

The judge warned McGirth that acting as his own counsel is a risky move. For one thing, the judge said, McGirth will be held at the county jail until his resentencing hearing, and thus won't have access to a law library. How could he prepare and file any legal documents?

On Thursday morning, a subdued McGirth, wearing a red jail jumpsuit, was back in court, sitting beside Hernandez.

The judge asked if it was still his desire to be his own lawyer. In a low tone, McGirth told the judge no.

The status of the case

McGirth was sentenced to death in 2008 for his role in a murder-robbery in The Villages. At the time, the 20-year-old McGirth was the youngest person on Florida's death row.

The jury recommendation for the death penalty was 11-1. As a result, McGirth is eligible for a new sentencing hearing. That's because the Florida Supreme Court in 2016 ruled that all death penalty recommendations must be unanimous. Cases resolved after June 24, 2002 were cleared for resentencing.

The case has dragged on for so long that another legal wrinkle has emerged. Earlier this year, Florida changed its death penalty law to require only an 8-4 jury recommendation of capital punishment.

The judge will decide whether McGirth can be resentenced under the new law. His resentencing could have happened before the new law went into effect earlier this year, but it was delayed during the COVID-19 pandemic.

Prosecutors don't believe McGirth will suffer any due process violation if he's resentenced under the new law. They said there was enough time to resolve the case before the new law took effect. The defense has objected to the state's plan.

The resentencing is slated for next month. Assistant State Attorneys Rich Buxman and Toby Hunt are expected to prosecute the case.

State's position

If McGirth had pressed forward and insisted on defending himself, the state would not have objected.

Prosecutors said: "The state understands the logistical difficulties inherent in self-representation and obviously agrees that self-representation in a death penalty case is a terrible idea; however, the State has a grave concern that, if Defendant knowingly, intelligently and voluntarily executes a waiver of his right to counsel, and such request is denied, any death sentence that may be imposed would be subject to reversal."

If McGirth had represented himself, the state would have asked the court to appoint Hernandez as standby counsel, even if McGirth objected.

About the case

Sheriff's deputies said McGirth, Jarrod Roberts and Theodore Houston Jr. attempted to rob Diana and James Miller at their home in The Villages in July 2006. The trio were allowed to enter the home by the couple's daughter, Shelia Miller.

Diana Miller, 63, was fatally shot. Her husband was also shot, but survived. Sheriff's Office records show the murder was the first and only homicide that has occurred in the Marion County portion of The Villages.

Death: Michael Wayne Jones sentenced to death in family murder case

McGirth, then 18, used stolen credit cards to make purchases at several stores before leading authorities on a high-speed chase that eventually ended in his arrest.

Now 37, Roberts is serving life in prison. Houston, who testified against both of his co-defendants, was sentenced to a 20-year prison term and was released last month.

Death row

State prison records show the average age at the time of execution is 44.9 years. The average age at offense for executed inmates is 27.4 years. McGirth is 35 and has been on death row since 2008.

Michael Shane Bargo, 31, is the second youngest death row inmate, the state Department of Corrections website indicates. Bargo was sentenced to death in 2019 for the slaying of 15-year-old Seath Jackson in Marion County. The last person sentenced to death from Marion County was Michael Wayne Jones several months ago. Jones, 42, was convicted of killing his wife and four children, two of whom were his.

As of Thursday, there are 291 people on Florida's death row, state officials said.

Of the seven Marion County inmates currently on death row, Ian Lightborun, 63, has been on the list the longest: 42 years.

Contact Austin L. Miller at [email protected] or @almillerosb

This article originally appeared on Ocala Star-Banner: Death row inmate set for resentencing. He'll have a lawyer, after all.