Death Sentence For Cop Killer Overturned
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TAMPA (CBSMiami/NSF) - Florida's highest court has overturned the death sentence of a mentally ill man who shot and killed a Tampa police officer during a scuffle in August 2009.
The ruling means Humberto Delgado Jr. will serve a life sentence instead of facing execution for the murder of police Corporal Michael Roberts.
The shooting happened after Roberts saw Delgado pushing a shopping cart in an area known for shopping-cart thefts and other crimes by homeless people, according to court documents. The men started fighting and Delgado shot Roberts.
In an 8-4 vote, a jury recommended that Delgado receive the death sentence, and a circuit judge went along with the recommendation.
But the Supreme Court looked at a series of factors, known as mitigators and aggravators, that are weighed in death-penalty cases.
The mitigators in the case included that Delgado, who had a length history of mental illness, committed the murder while "under the influence of extreme mental or emotional disturbance." Justices concluded that the death penalty was "disproportionate" in the case.
"We do not downplay the fact that Corporal Roberts lost his life as a result of Delgado's actions; however, for the reasons expressed above, we are compelled to reduce Delgado's sentence to life imprisonment because death is not a proportionate penalty when compared to other cases,'' the ruling said.
All seven justices agreed with that result, though they did not all agree on the reasoning.
The News Service of Florida contributed to this report.
