New sentencing hearing for Renaldo McGirth in Villages murder case. What will jury recommend?

The new sentencing hearing for Renaldo Devon McGirth, 36, is scheduled to begin Wednesday with opening statements in front of Circuit Judge Gary Sanders.

In 2006, a then 18-year-old McGirth was one of three people charged in the shooting death of Diana Miller, 63, a retired bookkeeper. She was killed inside her residence in the Marion County portion of The Villages. Two years after his arrest, McGirth was found guilty and sentenced to death.

McGirth became eligible for a new sentencing hearing after 2016, when the Florida Supreme Court ruled that all death penalty recommendations from juries must be unanimous. Cases resolved after June 24, 2002 were cleared for resentencing.

But McGirth's resentencing hearing never started. Years went by, and during that time Florida changed its death penalty statute to require only an 8-4 jury recommendation for the death penalty.

After two days of jury selection this week, a 12-member jury with two alternates was seated. It will recommend either life in prison or the death penalty for McGirth.

About the case and death row

Miller's husband, James, was critically injured in the shooting and managed to escape. The sheriff's office says McGirth was the triggerman for both victims.

Authorities said the couple's daughter allowed McGirth, Jarrord Marqui Roberts and Theodore Clifford Houston Jr. into the residence. At the time of the shootings, Roberts was 20 and Houston was 17. Deputies believe the motive was robbery.

Those connected to the fatal shooting fled and eventually were caught following a high-speed car chase.

Roberts is serving life in prison. Houston, who has since been released, was sentenced to 20 years in prison after testifying against both co-defendants.

Of the 278 men and women presently on Florida's death row, McGirth is one of seven from Marion County.

Jury selection

Assistant State Attorneys Rich Buxman and Toby Hunt are prosecuting the case. Tampa defense lawyer Daniel Hernandez is representing McGirth.

The defense and prosecutors estimate close to 50 people may take the witness stand during the sentencing hearing. The witnesses could include former State Attorney (now Circuit Judge) Brad King, law enforcement officials, medical personnel, psychiatrists, psychologists and family and friends of the defendant and the victim. The proceedings are expected to end July 19.

Before the prospective jurors were called inside the courtroom Monday, McGirth told the judge he wanted to represent himself. He told the judge that Hernandez was uncooperative, refused to give McGirth documents in a timely manner, and failed to communicate with McGirth's family.

McGirth made a similar request last year but later changed his mind.

This time, the judge granted McGirth's wish, though he also warned him about the challenges he would face representing himself.

McGirth filed four motions, all of which were heard and denied by the judge. After further consideration, McGirth told the judge he wanted Hernandez as his lawyer, after all. The judge granted McGirth's request.

Among those in the pool of potential jurors were a corrections officer, a waitress, a receptionist, a retiree and a small business owner. Some had prior jury experience, and at least one had been a jury foreperson.

Lawyers asked the potential jurors about their feelings on the death penalty and whether they could recommend it if appropriate.

Some potential jurors were dismissed by the judge or the lawyers for various reasons, such as not believing in the death penalty, having been a crime victim, knowing a crime victim, or personal/scheduling reasons.

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

The judge swore in the jury Tuesday and warned them not to do any research about the case or talk to anyone about their duties. They will report at 8:30 a.m. Wednesday for the start of the hearing.

Contact Austin L. Miller at [email protected]

This article originally appeared on Ocala Star-Banner: He's on death row. Will Ocala Florida jury recommend he stay there?