Wade Wilson, who faces capital murder in 2019 homicides, challenges legislation
A Fort Myers man facing a possible death penalty for the 2019 deaths of two women seeks separate trials, while claiming updated guidelines in capital murder trials don't apply in his case.
Wade Wilson, 29, is charged with the first-degree murder of Kristine Melton, 35; grand theft of Melton's car; battery on Melissa Montanez, 41; first-degree murder of Diane Ruiz, 43; burglary of a dwelling belonging to Kent Amlin or Fannie Amlin; and petty theft from Kent Amlin or Fannie Amlin.
Melton and Ruiz were killed within days of each other in October 2019. Melton was found dead in her home; Ruiz’s body was found in a field days after her disappearance.
Wilson was indicted by a Lee County grand jury in November 2019. He has been in Lee County Jail since October 2019.
The first of the two recent motions, filed Jan. 10 by Wilson's attorney, Lee Hollander, claims no evidence exists to link the two charges related to Melton with the other four counts.
Judge says no: Judge rules capital murder still applies to man charged in 2-year-old's brutal death
Separately, on Jan. 11, Wilson, through Hollander, filed a motion that seeks to disqualify him from a potential death sentence under a recent change in legislation, which allows juries to recommend death in an 8-4 vote.
Before the bill took effect April 20, 2023, all 12 jurors had to unanimously find at least one death-penalty aggravating factor existed during deliberations in the guilt phase of the trial. Lee Circuit Judge Nicholas Thompson hasn't yet ruled on the motion, court records show.
He's at least the second Lee County inmate facing capital murder to challenge the newer legislation in recent weeks.
Lee Circuit Judge Bruce Kyle on Sunday ruled that Nicholas Canfield, 28, whose trial began Monday with jury selection and faces one count of capital first-degree murder; one count of sexual battery on a child younger than 12; and three counts of aggravated child abuse, remains eligible for the capital punishment.
As for Wilson, he has at least twice faced additional charges since his initial incarceration at the Lee County Jail for the 2019 homicides. In April of last year, he faced charges in a narcotics scheme.
More than two years prior, in October 2020, Wilson, along with a man accused in a domestic violence case, was thwarted in a bid to escape Lee County Jail.
Wilson and his cellmate at the time, Joseph Katz, 33, were both involved, authorities said.
When their roughly 10-foot-by-10-foot cell was checked, the only window in the unit showed signs of tampering with the metal frame holding the window removed and the thick security glass window showing several cracks in it.
The sheriff's office report said Wilson was the primary planner and instigator of the attempt and that Katz could not have been ignorant of the attempt or not have taken part in it. Both men refused to make a statement to deputies after discovery of the tampered window.
Wilson is next due in court Feb. 14 for a motions hearing, where a tentative trial date could be discussed.
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 challenges capital murder legislation changes
