Shooter will try to avoid death penalty

Guilty plea could halt execution, his attorneys say

Nikolas Cruz, the 19-year-old accused of killing 17 students and teachers in Parkland, would plead guilty if prosecutors agree not to seek the death penalty, his lawyers say.

Public Defender Howard Finkelstein said guilt is not an issue in the case of Cruz, who was taken into custody shortly after Wednesday’s massacre at Marjory Stoneman Douglas High School.

“There is no way anyone can minimize the tragedy of what took place,” said Finkelstein. “It’s time to mourn; it’s time to figure out how to prevent future tragedies. He should spend the rest of his life in prison, but he does not deserve to die.”

A trial, he said, would be a waste of time when punishment is the only issue.

Prosecutor Shari Tate, head of the homicide unit at the Broward State Attorney’s Office, said late Friday that it was too soon to discuss an appropriate penalty.

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

Finkelstein said there are several aspects of Cruz’s life that could be raised to persuade a jury to spare his life, including an autism diagnosis that has been reported by people close to the shooter but not officially confirmed.

“This kid didn’t have to fall through the cracks. He screamed for help, and we failed him,” Finkelstein said . “He should never go free. Let him plead guilty and send him to prison for life.”

Florida’s death penalty law was in flux for more than a year after the U.S. Supreme Court overturned the process in early 2016. A new law was passed that spring and overturned by the state supreme court months later. The current law, requiring a unanimous recommendation before execution can be ordered, was passed in the spring of 2017.

Broward prosecutors have sought the death penalty in two cases since then. A jury rejected death last November in the case of Jacqueline Luongo, who was convicted of murdering her roommate, Patricia Viveiros, in 2014 for insurance money.

She was sentenced to life in prison.

Another jury recommended death for Peter Avsenew, who was convicted of killing a Wilton Manors couple, Kevin Powell and Stephen Adams, in late 2010. Avsenew shot the two men, stole their car and went shopping with their credit cards to buy survival gear, the jury was told.

Avsenew represented himself during the penalty phase of his trial in January and offered jurors no mitigating factors to consider.

“I have no regrets in my life and I’m proud of every decision I’ve ever made,” he told the jury.

Broward Circuit Judge Ilona Holmes has the authority to reject the jury’s recommendation and impose a term of life in prison. A sentencing date has not been set.