Loved ones testify in death penalty phase for man convicted of Lakeland double murder

Staci DaSilva
·3 min read
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Loved ones testify in death penalty phase for man convicted of Lakeland double murder

POLK COUNTY, Fla. (WFLA) — William Henderson said his father loved Italian food, traveling and telling stories.

“I will never be able to hear any more of his tall tales,” Henderson said. “I will never get the chance to introduce him to my future children. I will never be able to call him, to talk to him or ask him for help.”

Waldon guilty of murdering ex-Lakeland City Commissioner and her husband, jury finds

Henderson and other family members addressed jurors in court Monday on behalf of David and Edie Yates Henderson, a former Lakeland city commissioner. The couple was also active in the business world, with plans to renovate the Terrace Hotel in downtown Lakeland.

“Edie had a brilliant mind, very smart, very competent,” said Rev. Bill Yates, Edie Yates Henderson’s brother.

“There are daily reminders and triggers that remind us of what happened and it’s been a daily struggle to remember our parents as they lived not as they died,” said Todd Baylis, Edie Yates Henderson’s son.

It was Baylis who called 911 in November 2020 when he checked on his mother and stepfather in their Lakeland home. After observing oddities in the home, he walked out and contacted authorities.

Upstairs, the prominent Lakeland couple had been stabbed more than 20 times.

“Nothing ever hurt so badly,” said Rev. Yates in court. “I had difficulty falling asleep for years. To this day, it still haunts me when I lie down at night.”

“Every milestone with my children since their deaths have been overshadowed with the thought that Edie and David aren’t here for it…every birthday, every first day of school,” said Sarah Baylis Edie Yates Henderson’s daughter-in-law in court.

Last week, a Polk County jury found Marcelle Waldon guilty on all counts, including two counts of first degree murder. While Waldon denied killing the couple, prosecutors convinced jurors beyond a reasonable doubt that he committed the murders after a botched break-in.

On Monday, the penalty phase began.

Waldon could be sentenced to death if prosecutors can convince eight of the 12 jurors of “aggravated factors” connected to the case.

The aggravated factors prosecutors set out to prove are:

  • Waldon was convicted of another capital felony

  • First degree murder involved kidnapping

  • First degree murder was committed for the purpose of preventing a lawful arrest

  • First degree murder was committed with purpose of financial gain

  • First degree murder was especially einous, atrocious or cruel

  • First degree murder was a homicide and committed in cold, calculated and premeditated manner

“David and Edith Henderson’s final moments on this earth were not peaceful. They were not dignified,” said prosecutor Michael Nutter in court.

The state called one witness to testify, Dr. Vera Volnikh, the forensic pathologist who performed both autopsies.

Prosecutors asked Dr. Volnikh to describe the stab wounds and how they caused pain and death.

“Did they bleed to death?” asked Nutter.

“Yes,” Dr. Volnikh responded.

“And is that a slow death?” asked Nutter.

“Yes it’s a slow death,” replied Dr. Volnikh.

Defense attorneys were planning to call Waldon’s family members and a doctor to testify, as well as show a video of interviews with family members.

Monday morning, Waldon requested his right to present ‘mitigating’ factors be waived, with no reason given as to why. By the afternoon, the judge granted the waiver.

Defense attorney Daniel Hernandez told jurors his team had planned on presenting evidence on a variety of factors, including the defendant’s background, his childhood, his intellectual disability and head injuries that likely caused brain damage.

“The problem is is that my client, Mr. Waldon, has decided to waive that presentation,” he said to jurors. “I respectfully would ask that taking all the totality of the circumstances that you recommend a sentence of life instead of death.”

Both sides are set to present closing arguments Tuesday and then jurors will deliberate.

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