Lawyer: Choking man to death was ‘mercy killing’

Prosecutors dropped murder charge after manslaughter plea

Two friends, one helping the other to the end. That’s how Domingue Olman, then 24, described the final moments of his relationship with the older man he killed two years ago in Delray Beach, William Cleckler, 62.

Cleckler, suffering from alcoholism and other ailments, purportedly begged Olman to “set him free” by choking the life out of him — an act that Olman’s lawyer described for a judge as a “mercy killing.”

Prosecutors agreed to drop a murder charge when Olman pleaded guilty to manslaughter last year. And after a lengthy delay caused by the coronavirus pandemic, Olman was sentenced last week to 11 years in state prison.

The Palm Beach County State Attorney’s Office, following the wishes of Cleckler’s family, had urged Circuit Judge Rosemarie

Scher for the maximum possible 15-year term.

But Assistant Public Defender Harris Printz argued a lesser punishment was justified because of evidence that Cleckler was “in poor health” and appearances that Olman simply made a “poor decision” to fulfill Cleckler’s desire to be in a “better place.”

To help support Olman’s story that he merely complied with Cleckler’s hope to die, Printz pointed to the discovery of a store surveillance video that captured moments between both homeless men on Jan. 6, 2019.

At one point, Olman can be seen taking money from the bearded Cleckler and agreeing to make a beer run for him. The video also shows Olman reaching to give a fist bump to Cleckler and then the two men give each other a high five. Finally, Cleckler stumbled off a sidewalk and Olman caught the man to prevent him from falling to the parking lot ground.

“This all shows compassion as opposed to anger or malice,” Printz told the South Florida Sun Sentinel.

But the video does not show the immediate moments before Cleckler’s death, there were no witnesses, and the lawyer acknowledged “there’s nothing to corroborate” Olman’s version of events.

When Cleckler was found dead on his back in the 200 block of Southeast Second Avenue, police didn’t find any signs of trauma or anything suspicious.

The medical examiner’s office initially suspected Clecker’s death was a result of “acute alcoholic intoxication,” based on reports that he had been drinking. But an autopsy found that he had died from strangulation, with bruising around his neck.

Based on the surveillance video, Delray Beach Police detectives picked up Olman as a person of interest and questioned him. Olman said he didn’t want to place Cleckler in a chokehold, but Cleckler “made me do it.”

“He told me it was time to go,” Olman explained. “I gave it to him just the way he wanted it. He’s been asking me for his freedom for so long. … He wants to be in a better, warm place.”

Autopsy records show that Clecker had a blood-alcohol level of .205, or 2½ times the legal limit to drive. He had been treated at a hospital for alcohol intoxication the night before his death; he was wearing a hospital ID on his right wrist when he was found. The medical examiner also noted heart and liver problems.

To further prove Cleckler’s “struggles with alcoholism,” Olman’s defense also uncovered Cleckler’s criminal history: 21 allegations of open container violations, one DUI, two convictions for disorderly intoxication and four trespassing convictions.

“In totality, it cannot be ruled out that while under the influence of alcohol, Cleckler asked Olman to assist with his passing,” Printz wrote in a memo to the judge.

Assistant State Attorney Marci Rex did not file a written response; she was out of the office and couldn’t be reached for comment.

So called “aid-in-dying” laws have been passed in several states in recent years, but Florida is not yet one of them.

But for the first time last year, a Florida state senator proposed a “Death With Dignity” bill to give terminally ill patients, in consultation with a doctor, the right “to obtain a prescription for medication to end his or her life in a humane and dignified manner.” The legislation never made it to a vote by the full senate.

At his sentencing hearing Friday, Olman apologized and expressed his remorse for what he had done to his friend “Will.”

Judge Scher agreed Olman had taken responsibility for his actions, Printz said. With credit for time already served, Olman could be set free in about 7½ years. This is his third felony conviction, following burglary and battery convictions in 2016. The battery charge concerned a confrontation with an inmate at Palm Beach County Jail, while the burglary case was still pending, records show.