Dominick Occhicone, an 80-year-old inmate on Florida's death row, is making a final attempt to halt his scheduled execution, citing severe health problems and his advanced age. Occhicone was sentenced to death in 1987 for the murders of Raymond and Martha Artzner, the parents of his former fiancée.
Gov. Ron DeSantis signed Occhicone's death warrant late last month, setting his execution for July 28, shortly before his 81st birthday. If carried out, he would be one of the oldest individuals ever executed in Florida.
Occhicone's legal team filed a motion arguing that his current physical condition and age mean that his execution would serve only vengeance, not justice, and would offend societal dignity. The motion highlights his significant health issues, including poor vision, hearing loss requiring a hearing aid, declining renal function, kidney disease, a blocked artery, and irregular heart rhythms. The filing also states he suffers from prostate issues, incontinence, and has difficulty walking, necessitating assistance from prison guards for showering and navigating stairs.
"The execution of an octogenarian is a manifestly unjust use of the state’s power," attorney Ali Shakoor stated in court documents. "And this court can and should correct it."
Over his 39 years on death row, Occhicone's attorneys claim he has experienced chronic sleep deprivation, rarely sleeping more than three hours a night. They contend that carrying out an execution of an elderly inmate places a mental burden on prison staff, suggesting a temporary moratorium on executions could allow for an examination of the psychological effects on correctional staff.
DeSantis has overseen 31 executions during his tenure, with Florida carrying out 19 executions in the previous year. Occhicone's death warrant is the 12th signed by the governor this year.
The defense has also indicated that Occhicone is prepared to testify about his relationships with prison staff, arguing that they should not have to experience the trauma of preparing an elderly inmate for death, especially given that some staff may see him as a reminder of their own older relatives. The motion asserts that his execution would be "so fundamentally unfair, so wrong, it should shock the conscience."
Occhicone was convicted of fatally shooting Raymond and Martha Artzner on June 10, 1986. The murders occurred months after his engagement to their daughter, Anita Gerrety, was called off. Gerrety testified that Occhicone had a "hot temper" and had exhibited abusive behavior. On the night of the murders, he went to her parents' home after she refused to speak with him. Her father confronted Occhicone in the driveway, and was fatally shot. Martha Artzner was also killed inside the home.
During the trial, the defense argued that Occhicone lacked the intent to kill due to severe alcohol abuse, claiming he consumed a significant amount of alcohol on the day of the murders. The jury's initial recommendation for the death penalty was 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.
State attorneys had not yet formally responded to the defense's motion as of Wednesday morning. A hearing was scheduled for Wednesday afternoon before Pinellas-Pasco Circuit Judge Pat Siracusa.
