CAPE CORAL, Fla. (Court TV/Scripps News Fort Myers) —A judge has sided with a jury’s recommendation to sentence Wade Wilson to death for the “heinous, atrocious and cruel” murders of two women.
Judge Thompson reviewed the six charges and said the aggravating factors “greatly outweighed” the mitigating circumstances against Wilson.
On June 12, a jury found Wilson guilty in the 2019 deaths of 35-year-old Kristine Melton and 43-year-old Diane Ruiz. The jury returned its recommendation for a death sentence for each of the two murders.
Wade Wilson appears in court Monday, June 10, 2024. (Court TV)
Wilson was initially expected to be sentenced in July. However, it was postponed after the defense asked for more time, saying doctors needed to do brain scans on Wilson.
Ahead of his sentencing, a Spencer hearing was held, where the defense put on additional evidence that Wilson should be spared the death penalty. During the Spencer hearing, a neurologist for the defense, Dr. Mark Rubino, opined that images of Wilson’s brain and his performance on specific executive and cognitive functioning tests suggest Wilson may suffer from brain damage that could make him prone to impulsive behavior without regard for consequences.
Medical Examiner Dr. Thomas Coyne testified for the state that he disagreed with Rubino’s findings, saying his review of the brain scans showed no structural defects such as asymmetry or frontal lobe impairment. He also said people do “evil things” without suffering from brain damage.
WATCH | Wade Wilson’s Parents Plead for His Life, Blame Broken System
Melton was found dead in her Cape Coral home on Oct. 7. That same day, Ruiz vanished while walking to work. Her body was found three days later in a field behind a Sam’s Club.
In Nov. 2019, Wilson was indicted on multiple charges, including two counts of first-degree premeditated murder. Prosecutors said Wilson strangled the women to death.
At the time of the indictment, Wilson was already in custody on unrelated battery charges. He was hit with additional charges in Oct. 2020 after he and another inmate allegedly tried to escape jail.
While awaiting trial, Wilson contacted Scripps News Fort Myers multiple times. In 2020, he told them “that he used to be connected to a high-level human trafficking ring and that he would groom women for them.” Wilson claimed the group was framing him for the murders as punishment for trying to leave.
In a pretrial motion, Wilson asked the court for facial makeup to cover up his tattoos “that might be objectionable to members of the potential jury pool.” Although the judge granted his request, Wilson did not cover his tattoos during his trial.
At the Aug. 27 Spencer hearing, Wilson’s lawyer, Kevin Shirley, read aloud a letter from Wilson’s adoptive parents pleading for mercy for their son and apologizing to the victims’ families, saying a death sentence would not bring back the victims and would only compound the tragedy.
DAILY TRIAL UPDATES
DAY 7 – 8/27/24
- Judge Nicholas Thompson sentenced Wade Wilson to death for the murders of Kristine Melton and Diane Ruiz, saying the aggravating factors in the case “greatly outweighed” the mitigating circumstances of Wilson’s life.
- WATCH: Wade Wilson Sentenced to Death for ‘Atrocious’ Killings
- Thompson also said he found no basis to override the jury’s recommendation and that nothing in Wilson’s background suggests a death sentence would be “inappropriate” or “disproportionate.”
- Thompson also sentenced Wilson to an additional 21 years on battery, theft and burglary charges to be served concurrently.
- The judge issued his ruling after hearing arguments from both sides and two witnesses, one for the state and one for the defense.
- In the defense argument, lawyer Kevin Shirley asked the judge to consider that “death is permanent” and any mistakes discovered after he’s executed can’t be addressed.
- Shirley also highlighted Wilson’s cooperation with law enforcement, his need for and amenability to mental health treatment, and pleas for mercy from supporters around the world, which includes an online petition that has garnered more 23K signatures.
- Assistant State Attorney Andreas Gardiner argued the judge should heed the aggravating factors the jury already found concerning the nature of the offense – that it was “heinous, atrocious and cruel” as well as “cold, calculated and premeditated” – and said none of the defense’s mitigating evidence outweighed those factors.
- Defense neurologist Dr. Mark Rubino opined that images of Wilson’s brain and his performance on certain executive and cognitive functioning tests suggests Wilson may suffer from brain damage that could make him prone to impulsive behavior without regard for consequences, such as the 2019 murders of Kristine Melton and Diane Ruiz.
- Medical Examiner Dr. Thomas Coyne testified for the state that he disagreed with Rubino’s findings, saying his review of the brain scans showed no structural defects such as asymmetry or frontal lobe impairment. He also said people do “evil things” without suffering from brain damage.
- Wilson’s lawyer Kevin Shirley read aloud a letter from Wilson’s adoptive parents pleading for mercy for their son and apologizing to the victims’ families, saying a death sentence would not bring back the victims and would only compound the tragedy.
DAY 6 – 7/27/24
4 p.m. ET – A judge has sentenced Wade Wilson to death for the 2019 murders of 35-year-old Kristine Melton and 43-year-old Diane Ruiz.
9 a.m. ET – Spencer Hearing
- Wilson’s lawyer, Kevin Shirley, read aloud a letter from Wilson’s adoptive parents pleading for mercy for their son and apologizing to the victims’ families, saying a death sentence would not bring back the victims and would only compound the tragedy.
- Defense neurologist Dr. Mark Rubino opined that images of Wilson’s brain and his performance on specific executive and cognitive functioning tests suggest Wilson may suffer from brain damage that could make him prone to impulsive behavior without regard for consequences, such as the 2019 murders of Kristine Melton and Diane Ruiz.
- Medical Examiner Dr. Thomas Coyne testified for the state that he disagreed with Rubino’s findings, saying his review of the brain scans showed no structural defects such as asymmetry or frontal lobe impairment. He also said people do “evil things” without suffering from brain damage.
DAY 5 – 6/25/24
- The prosecution and defense delivered closing arguments to the jury.
- The jury deliberated for about 90 minutes before reaching its decision: Wade Wilson deserves death for the murders of Kristine Melton (by a vote of 9-3) and Diane Ruiz (by a vote of 10-2). The jury found the State proved these aggravators beyond a reasonable doubt:
- Wilson was previously convicted of a felony and was on probation during the murders – MELTON AND RUIZ
- He committed two murders at once (contemporaneous conviction) — MELTON AND RUIZ
- The offense was heinous, atrocious and cruel — MELTON AND RUIZ
- The offense was cold, calculated and premeditated – JUST RUIZ
- WATCH: Jury Reaches Decision on Death Penalty for Wade Wilson
DAY 4 – 6/24/24
- Wade Wilson spoke up twice outside the jury’s presence to inform the judge he would not testify, responding on the second occasion, “No, I’m good” when asked if he needed more time to talk with his attorneys.
- The jury heard competing opinions from state and defense experts on whether substance abuse or executive functioning deficits caused by an untreated psychotic disorder contributed to Wilson’s violent conduct. The experts offered conflicting interpretations of events in Wilson’s background, including adolescent mood swings, an involuntary Baker Act commitment as a teen, and personality tests performed on him in custody.
- Assistant State Attorney Andreas Gardiner said in his opening that the State would only present evidence of just one aggravating factor because the jury already heard evidence concerning the heinous and premeditated nature of the murders in the trial’s first phase.
- In the defense opening, lawyer Kevin Shirley conceded it would be “ludicrous” for the defense to contest the existence of two aggravating factors: Wilson was on probation during the offenses, and he killed two women at once (a.k.a. contemporaneous convictions). Wilson spoke up again to confirm that he was “conceding” those two factors.
- Shirley told the jurors that Wilson would die in prison no matter what they decided. He urged them to consider mitigating circumstances of Wilson’s mental instability not as an excuse for what happened but an explanation.
- The State rested after calling three witnesses: two relatives of the victims to present “victim impact evidence” and Cape Coral Police forensic specialist Lisa Lansky, who identified records showing that Wilson was on felony probation when he killed the women.
- Diane Ruiz’s son, Zane Romero, and Kristine Melton’s cousin shared emotional victim impact testimony about the lasting effects of the loss of their loved ones.
- The first defense expert, forensic neuropsychologist Dr. Hyman Eisenstein, opined that Wilson suffered from neurocognitive brain impairment that was likely caused by adolescent sports injuries and vehicle wrecks in his early adulthood. The trauma “compromised” Wilson’s executive functioning skills and hindered his ability to function “like a normal healthy individual” and his substance abuse exacerbated the negative effects.
- The second defense expert, forensic psychiatrist Dr. Mark Mills, opined Wilson suffered from “some kind of psychotic disorder” based on Eisenstein’s interview and testing of Wilson. Mills’ testing of Wilson delivered invalid results because Wilson exaggerated symptoms, Mills said.
- Mills said he was unable to fully diagnose Wilson because Wilson cut short one of their interviews based on the belief that corrections staff was spying on him. Miller said Wilson’s wariness contributed to his opinion that Wilson suffers from paranoid delusions that could point to schizoaffective disorder, although Wilson showed no sighs of delusions or hallucinations while talking to Miller.
- Defense lawyer Kevin Shirley asked Miller about Wilson’s facial tattoos during a line of questioning about signs of disturbing, antisocial behavior in Wilson that could point to a psychiatric disorder.
- Both defense experts said jail records supported their opinions, pointing to documentation indicating jail staff diagnosed Wilson with schizoaffective disorder, depression, anxiety and adjustment disorder, and gave him antipsychotic medications. The defense experts noted they were not offering an opinion on Wilson’s state of mind during his crime spree.
- The State’s rebuttal expert, forensic psychologist Dr. Michael Herkov, said he did not believe there was enough evidence to support a diagnosis of a psychotic disorder. Herkov opined that Wilson’s thoroughly documented and self-reported drug abuse was a more likely explanation for Wilson’s delusions and repeated criminal conduct.
- The defense recalled their experts in surrebuttal to point out the schizoaffective disorder diagnosis in jail records after Herkov said he didn’t see it.
DAY 3 – 6/12/24
- In their closing argument, the prosecution says the killings were premeditated, while Wilson’s defense claims he’s ‘just whacked out of his mind.’
- After roughly two hours of deliberations, the jury found Wilson guilty of all charges.
- First-degree murder (Kristine Melton): Guilty
- Grand theft of motor vehicle (belonging to Kristine Melton): Guilty
- Battery (Melissa Montanez): Guilty
- First-degree murder (Diane Ruiz): Guilty
- Burglary of a dwelling (home of Fannie Amlin): Guilty
- First-degree petit theft (property of Fannie Amlin in home): Guilty
- WATCH: Verdict | FL v. Wade Wilson: Strangled Women Murder Trial
DAY 2 – 6/11/24
- The jury heard testimony from Wade Wilson’s biological father
- Both sides rest. Closing arguments set for Wednesday.
DAY 1 – 6/10/24
- The prosecution delivers their opening statement. The defense reserves theirs.
- The jury hears a 911 call from Joshua Lukitsch
- Lukitsch testified that Wilson told him he ‘killed people’ and needed to leave town
- Stephanie Sailors, roommate of victim Kristine Melton, testified about meeting the defendant the night before Melton’s death. Sailors said when she last saw Melton, ‘everything was fine,’ saying, ‘Kristine would have never let me leave the house if she was scared.’
- Associate medical examiner Dr. Noelia Alemar Hernandez testified that Melton was killed by asphyxia due to compression of the neck.
- The jury heard testimony from the son and fiancé of victim Diane Ruiz.
