Jury splits vote, recommends death penalty for Wade Wilson in double-murder

In a split decision, jurors weighing the future of convicted killer Wade Wilson recommended the death penalty on Tuesday.

Wilson, 30, of Fort Myers, already convicted of the 2019 murders of Kristine Melton and Diane Ruiz, stared at the court clerk while she published the recommendation, leading the victims' families to hug and sigh.

"No more funeral messages," relatives told each other as they hugged after the court adjourned.

Lee Circuit Judge Nicholas Thompson set Wilson's sentencing date for July 23.

A jury recommended in 9-3 and 10-2 votes for each of the victims that Wilson receive the death penalty. The same jury convicted him June 12 of the slayings of Melton, 35, and Ruiz, 43, and other charges linked to the crimes.

Testimony heard during the penalty phase took up all of Monday into the evening hours. Witnesses called to the stand included Melton's cousin and Ruiz's youngest son.

State says both murders were cold, calculated, premeditated

"This is the point of the trial where we make that big ask," said Assistant State Attorney Sara Miller when she began presenting the closing arguments for the state earlier Tuesday. "The point where we ask you recommend the death penalty."

Miller said the murders were cold, calculated and premeditated.

"You must now find that premeditation was heightened," Miller said as she reminded jurors they had to find at least one aggravating factor existed to recommend the capital punishment. The state presented four aggravating factors.

Wade Wilson trial: Tears flow as witnesses recount victims in Wade Wilson capital murder trial

Miller said Wilson discarded Melton, hours after meeting her at Buddha LIVE, 12701 McGregor Blvd., in Fort Myers, a venue that provides live music.

After several hours, Wilson headed to Melton's home, where Miller said he waited until Melton was "asleep, defenseless" and murdered her.

"He didn’t stop there," Miller said. "He was looking for more prey. He was the lion and she was his prey."

Miller said Wilson selected, secluded, tortured and strangled Melton and Ruiz. She described the Oct. 7, 2019, murders to jurors as heinous, atrocious and cruel.

"Kristine was woken out of her sleep," Miller said.

Miller said there is evidence Melton tried to fight Wilson. She pointed at broken nails and swelling in Melton's brain. Melton had internal and external bruises.

The prosecutor then reminded how Wilson called his biological father, Steven Testasecca, 46, of Lakeland, and described the slayings of Melton and Ruiz.

Testasecca placed Wilson on speaker while his biological mother, who was next to Testasecca, alerted authorities.

"He told his dad such things," Miller said.

Wilson had stopped Ruiz on a Cape Coral street asking where a nearby school was. For unknown reasons, she got into his car, where he choked her.

Among others, Miller reminded jurors, Wilson told Testasecca he ran Ruiz over between 10 and 20 times as he tried to "make her look like spaghetti."

"The defendant testified that he saw her in fear," Miller reminded jurors. Wilson confessed to the killings before authorities during a conversation recorded at the Lee County Jail. The conversation was played in court before jurors convicted him.

Miller said that while the death penalty is a harsh punishment, the state has proven the elements it needed to make Wilson eligible to join death row.

"He killed two innocent victims, one trying to go out and have a good time, and the other trying to get to work," Miller said.

Wilson did not take the stand in his defense.

Defense says death penalty is extreme

"We're asking you to vote to save Mr. Wilson's life," defense attorney Kevin Shirley said. "That’s probably the worst dilemma you’ll face in your entire life."

Shirley said the medical examiner, during the testimony portion of the guilt phase, said it is unclear if Melton and Ruiz were conscious when Wilson suffocated them. The state argued both fought for their lives.

As he continued to present the counterarguments to jurors, Shirley said it is unclear whether Ruiz resuscitated three or four times while Wilson strangled and beat her.

Wilson told authorities Ruiz was a "fighter" and came to life as many times before he ran her over between 10 and 20 times.

"He’s embellishing," Shirley said of the narrative Wilson provided to Testasecca. "He’s sick."

Shirley said tire tracks found near Ruiz's body do not show he ran Ruiz over between 10 and 20 times.

"If she wasn’t conscious, then she wasn’t experiencing the pain and fear the state wants you to believe," Shirley said, later adding that, "You gotta be hard-pressed to vote for death when you don't even know what the truth is."

Shirley said there is something "terribly wrong" with Wilson.

"You want me to stand here and tell you what’s wrong with wade Wilson?" he asked jurors. "I can’t do it."

Shirley said law enforcement did not send a swab over that would link Wilson to Melton and Ruiz's deaths, described as a "key piece of evidence."

"He's not in his right mind all the time," Shirley said hinting at insanity as he pointed at an October 2019 photo where Wilson had no face tattoos. He then pointed at Wilson, sitting to his left, alluding to the facial designs as a sign of insanity.

Ahead of the trial, Wilson had hoped to cover "numerous and varied tattoos" on his face, including "stitches," swastikas, and other designs "that might be objectionable to members of the potential jury pool."

"You can’t fill the holes in their hearts with another body," Shirley said of jurors choosing Wilson's death over the slayings of Melton and Ruiz.

'Lock away the monster,' adoptive sister says

After Shirley presented the various counterarguments to the points brought up by Miller, he read a letter prepared by Wendy Wilson, Wade Wilson's adoptive sister, who is a radiologist.

"That boy is in there somewhere, but is now overtaken by a monster filled with addiction," Wendy Wilson wrote.

Wendy Wilson wrote they "can’t love him less because madness has taken him from us."

"Lock away the monster," Wendy Wilson's letter concluded.

Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.

This article originally appeared on Naples Daily News: Wade Wilson trial: Jury recommends death sentence for Fort Myers man