MIAMI (CBSMiami) – The convicted killer of Jimmy Ryce was denied a stay of execution by the U.S. 11th Circuit Court of Appeals Monday. It’s one of the final appeals left for Juan Carlos Chavez before his scheduled execution on Wednesday evening.
Chavez sought a stay of execution from the 11th Circuit Court with claims that he needed a new lawyer appointed to him for the federal hearings. The appellate court disagreed saying a substitute counsel is only warranted, “when it would serve ‘the interests of justice.’ Among other things, that means a district court is not ‘required to appoint a new lawyer just so [a state prisoner can] file a futile motion.”
The court said that because Chavez was seeking a substitute counsel, which he wasn’t entitled to, that request was denied. The Appeals Court’s denial of Chavez’s application for a stay of execution leaves the convicted killer with few options to stop his execution, scheduled for Wednesday.
Chavez can appeal directly to Supreme Court Justice Clarence Thomas who oversees the 11th Circuit, which Florida is in, for a stay of execution. But, outside of a stay coming from the U.S. Supreme Court, Chavez is likely to face the death chamber on Wednesday.
Chavez was convicted for the murder of Jimmy Ryce in a case one detective called the most heinous homicide he had ever seen. Chavez admitted to forcing Jimmy into his truck at gunpoint just after the boy got off his school bus. He took the terrified boy to a remote trailer where he raped the child.
When Jimmy heard helicopters overhead Chavez shot him to death as Jimmy tried to run from the mobile home trailer. While Jimmy was dead, the crime got worse.
Chavez took Jimmy’s body to the Scheinhaus Ranch, dismembered the body with a bush hook and put the pieces in planters before filling them with concrete.
CBS4’s Gary Nelson and Eliott Rodriguez have covered the story since the beginning and are at the Florida State Prison where Chavez will be put to death Wednesday and will have coverage of the hours leading up to the execution through the next two days.
CBS4’s Nelson will be in the witness room when Chavez pays the ultimate penalty for his crime. Nelson will talk about what he sees inside the chamber during the Wednesday 11 p.m. newscast on CBS4.