Daytona Beach, FL - The Florida Supreme Court has struck down the death sentence but not the conviction of 27-year-old Christian Cruz in the murder of 25-year-old Christopher Jemery. The ruling states that the judge in the case, Circuit Judge Raul Zambrano, made an error in using evidence provided in Cruz's co-defendant, Justen Charles' case.
Man Sentenced To Death in 2013 Murder Over Drugs
The ruling released on Thursday does not require a new penalty phase where jurors are needed and the death recommendation from the original trial stands. The Supreme Court ruling requires Judge Zambrano to reevaluate the evidence, solely using evidence from Cruz's trial and then issue a new sentence. Zambrano could apparently still sentence Cruz to death or send him to prison for life without parole.
Investigators believe that Cruz was the triggerman in the shooting of Jemery but the Supreme Court said there was “no competent, substantial” evidence presented in Cruz's trial that he was the triggerman.
