AP

Attorneys argue over school shooter’s fate: death or prison

Oct 11, 2022, 7:44 AM | Updated: 5:18 pm

Judge Elizabeth Scherer speaks just prior to closing arguments in the penalty phase of the trial of...

Judge Elizabeth Scherer speaks just prior to closing arguments in the penalty phase of the trial of Marjory Stoneman Douglas High School shooter Nikolas Cruz at the Broward County Courthouse in Fort Lauderdale, Fla. on Tuesday, Oct. 11, 2022. Cruz previously plead guilty to all 17 counts of premeditated murder and 17 counts of attempted murder in the 2018 shootings. (Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)

(Amy Beth Bennett/South Florida Sun Sentinel via AP, Pool)

FORT LAUDERDALE, Fla. (AP) — The prosecutor and defense attorney for Florida school shooter Nikolas Cruz agreed Tuesday that his 2018 attack that killed 17 people was horrible, but disagreed in their closing arguments on whether it was an act of evil worthy of execution or one of a broken person who should be imprisoned for life.

Lead prosecutor Mike Satz and his defense counterpart, Melisa McNeill, painted for the 12 jurors competing pictures of what drove Cruz’s attack at Parkland’s Marjory Stoneman Douglas High School on Valentine’s Day.

For Satz, Cruz was driven by antisocial personality disorder — in lay terms, he’s a sociopath. He deserves a death sentence because he “was hunting his victims” as he stalked a three-story classroom building for seven minutes. He fired his AR-15-style semiautomatic rifle into some victims at close range and returned to wounded victims as they lay helpless “to finish them off.”

Satz pointed to Cruz’s internet writings and videos, where he talked about his murderous desires such as when he wrote, “No mercy, no questions, double tap. I am going to kill a … ton of people and children.”

“It is said that what one writes and says is a window into their soul,” Satz said as the three-month trial neared its conclusion. The killings, he said, “were unrelentlessly heinous, atrocious and cruel.”

McNeill said neither Cruz nor herself has ever denied what he did and that “he knew right from wrong and he chose wrong.” But she said the former Stoneman Douglas student is “a broken, brain-damaged, mentally ill young man,” doomed from conception by the heavy drinking and drug use of his birth mother during pregnancy. She argued for a sentence of life without parole, assuring them he will never walk free again.

“It’s the right thing to do. Mercy is what makes us civilized. Giving mercy to Nikolas will say more about who you are than it will ever say about him,” McNeill told the jury.

Cruz, 24, pleaded guilty a year ago to murdering 14 students and three staff members and wounding 17 others.

The jury will only decide his sentence, and a unanimous vote is required for death. Jurors can vote for death if they believe the prosecution’s aggravating factors such as the multiple deaths and the planning outweigh the defense’s mitigating circumstances such as his birth mother’s drinking. They can also vote for life out of mercy for Cruz. Deliberations are expected to begin Wednesday.

Cruz, dressed in an off-white sweater, sat impassively during the presentations, occasionally exchanging notes with his attorneys. A large number of the victims’ parents, wives and family members packed their section of the courtroom, many of them weeping during Satz’s presentation. The mother of a murdered 14-year-old girl fled the courtroom before bursting into loud sobs in the hallway. Just minutes earlier, the families had greeted each other with smiles, handshakes and hugs.

Satz meticulously went through the murders, reminding the jurors how each victim died and how Cruz looked some in the eye before he shot them multiple times.

“They all knew what was going on, what was going to happen,” Satz said.

As he had during the trial, Satz played security videos of the shooting and showed photos. He talked about the death of one 14-year-old girl. Cruz shot her and then went back to shoot her again, putting his gun against her chest.

“Right on her skin. She was shot four times and she died,” Satz said. He then noted a YouTube comment, which jurors saw during the trial, in which Cruz said: “I don’t mind shooting a girl in the chest.”

“That’s exactly what he did,” Satz said.

His voice breaking, Satz concluded his two-hour presentation by reciting the victims’ names, then saying that for their murders “the appropriate sentence for Nikolas Cruz is the death penalty.”

McNeill during her presentation acknowledged the horror Cruz inflicted and said jurors have every right to be angry, “but how many times have we made decisions based solely on anger and regretted it?”

She focused on her belief that heavy drinking by his birth mother, Brenda Woodard, during pregnancy left him with fetal alcohol spectrum disorder. She said that accounts for his bizarre, troubling and sometimes violent behavior starting at age 2.

“There is no time in our lives when we are more vulnerable to the will and the whims of another human being than when we are growing and developing in the wombs of our mothers,” McNeill said. Woodard “poisoned him in the womb. He was doomed in the womb.”

She said Cruz’s increasingly erratic personality left his widowed adoptive mother, Lynda Cruz, overwhelmed. He punched holes in walls when he lost video games, destroyed furniture and killed animals. Visitors described the home as “a war zone,” McNeill said.

She pleaded with the jurors to give Cruz a life sentence, telling them that even if they are the only holdout they shouldn’t fear what the reaction will be from the families or the community.

Gesturing toward the victims’ families, she said, “There is no punishment you could ever give Nikolas Cruz that would ever make him suffer as much as those people have and as much as they will continue to suffer every single day.”

“Sentencing Nikolas to death will not change that. It will not bring back those 17 dead people. Sentencing Nikolas to death will literally serve no purpose other than vengeance,” she said. Instead, she said, “Look into your heart. Look into your soul. The right thing here, not the popular thing, is a life sentence.”

Cruz’s massacre is the deadliest mass shooting that has ever gone to trial in the U.S. Nine other people in the U.S. who fatally shot at least 17 people died during or immediately after their attacks by suicide or police gunfire. The suspect in the 2019 massacre of 23 at an El Paso, Texas, Walmart is awaiting trial.

___

Associated Press reporters Freida Frisaro in Miami and Curt Anderson in St. Petersburg, Florida, contributed to this report.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Attorneys argue over school shooter’s fate: death or prison