Demetris Thomas will be
executed by lethal injection for
the 1997 rape and murder of
Brandy Nicole Howard.
By JEFF NEWELL, Daily News Staff Writer
SHALIMAR - Rejecting a defense argument that
convicted murderer and rapist Demetris Thomas did not
understand right from wrong, an Okaloosa Circuit Court
judge on Wednesday sentenced the Crestview man to
death.
Judge G. Robert Barron's ruling followed a jury's
recommendation, by a 10-2 vote, that Thomas pay for
the first-degree murder of Brandy Nicole Howard with his
own life.
Barron sentenced Thomas, who is mildly retarded, to
death by lethal injection for the murder of Howard, who
was 18 when she was kidnapped, raped and brutally
beaten to death.
Her body was discovered in the Crestview area by a
Louise Drive resident on his way to work about 5 a.m. on
Sept. 13, 1997.
Barron outlined a variety of reasons supporting both a
life and a death sentence for Thomas, whose IQ is 61,
according to earlier trial testimony. The judge said
Thomas' "borderline retardation does not rise to the
level" of a legal reason to spare the defendant's life.
He accorded "significant weight" to that factor, but also
found that Thomas could understand right from wrong.
When Howard was murdered, Thomas, now 27, was on
probation for a robbery without a weapon that involved
the threat of force or violence, Barron noted. But he
reserved his strongest words for the "heinous, atrocious
or cruel" nature of the murder, in which an 8-foot
scaffolding brace made of joined pipe sections was
used.
"He kidnapped her, beat her and raped her," Barron
said. After the beating and rape, Thomas took Howard to
sparsely populated Louise Drive where "the victim tried
to run. He chased her down and beat her to death. She
was conscious when she first fell from the first blow, with
abrasions to her forearms and knees.
"She tried to ward off the blows, as shown by the
contusions to her arms and hands. Her fingers were
broken and several fingernails were broken. She was
struck at least 15 times by blows to her head and body.
There was a massive skull fracture, and her face was
disfigured."
One of those blows, Barron said, "knocked a tooth six
feet from her body. Another blow nearly tore off her
scalp. The victim suffered severe and torturous pain, and
tremendous horror. It was extremely wicked and vile, with
a high degree of pain and suffering."
In addition to the death sentence, Barron also sentenced
Thomas to two terms of life in prison for the separate
offenses of kidnapping and sexual battery.
Judy Adams, the victim's mother, said she was pleased
with prosecutor Bobby Elmore's efforts in obtaining the
conviction and death sentence, but added, "this won't
bring my daughter back. There's just not much else to
say."
Shane Howard, the victim's brother, was a sailor aboard
the aircraft carrier USS Independence, at sea between
Korea and Japan when his sister was killed. Now a
civilian student, he was flown across the Pacific Ocean
just in time to attend her funeral. He also attended
Thomas' trial and Wednesday's sentencing hearing.
The death sentence, he said, "was expected. The law
did everything possible, but it won't bring my sister
back."
Staff Writer Jeff Newell can be reached at 863-1111,
Ext. 444, or je...@nwfdailynews.com
http://www.nwfdailynews.com/today/news1.html
This article can be found on page A1 of the May 04, 2000 Daily News.
> Barron outlined a variety of reasons supporting both a
> life and a death sentence for Thomas, whose IQ is 61,
> according to earlier trial testimony. The judge said
> Thomas' "borderline retardation does not rise to the
> level" of a legal reason to spare the defendant's life.
Without making comment on the actual decision, an IQ of 61 is hardly considered
"borderline retardation." Borderline intellectual functioning is defined as an
IQ in the 71-84 range. Mental retardation is defined by an IQ of 70 or below.
Bottom line, with an IQ of 61 (well ok, I guess I am making comment now), I
doubt this guy could form "intent" about murder, or understand the meaning of
the evil act.
PattyC
PattyC