Hillsborough State Attorney will seek death penalty in Seminole Heights killings

TAMPA -- If Howell Emanuel Donaldson III is guilty of the Seminole Heights murders, Hillsborough County's chief prosecutor wants to send him to Florida's execution chamber.

Hillsborough State Attorney Andrew Warren said Tuesday that he will seek the death penalty for Donaldson, 24, who is charged with killing four people last year in a string of seemingly random shootings in southeast Seminole Heights.

"The death penalty is for the worst of the worst, crimes that are far more egregious than the typical murder," Warren said. "And that's what we have here."

Warren made the announcement in a news conference Tuesday morning, ending weeks of speculation about whether he would seek the ultimate penalty in a case that terrorized local residents, drew national media attention and spurred a massive manhunt for the killer.

Donaldson, 24, is charged in the deaths of Benjamin Mitchell, 22, Monica Hoffa, 32, Anthony Naiboa, 20, and Ronald Felton, 60. The four were each shot to death over several weeks in October and November.

Donaldson's arrest came Nov. 28, after he gave a bag containing a handgun to a co-worker at a McDonald's restaurant in Ybor City. Police said ballistics tests showed the weapon was used to commit all four murders.

Warren said he made the decision to seek capital punishment after reviewing the evidence, analyzing the legal factors, speaking with the victims' families and taking time for "quiet reflection."

"A prosecutor's pursuit of justice should be tempered by mercy," Warren said. "But some crimes are so unconscionable, so hard to fathom, that we must leave mercy to a higher power and instead focus on achieving justice for the victims and their families."

He identified two of what he said are the most serious aggravating factors to justify such a sentence: that Donaldson murdered four people, and that he did so in a "cold, calculated, and premeditated manner."

The move is the first step in what is almost certain to be a yearslong legal odyssey.

Homicide prosecutors in Warren's office will first have to prove to a jury that Donaldson is guilty of first-degree murder. To send him to death row, they will then have to convince the jury that the aggravating factors exist and are not outweighed by any mitigating factors, such as mental illness.

"There is no evidence of mental illness or any other mitigating factor that gives us pause about our decision to go forward," Warren said.

State law requires that a 12-person jury be unanimous in its decision to impose a death sentence. If he's convicted and sentenced to death, Donaldson will still be entitled to appeal his case, a process that could take decades.

Casimar Naiboa, the father of murder victim Anthony Naiboa, said he was pleased with Warren's decision.

"We still miss Anthony," he said, "but the wheels of justice have begun turning."

Naiboa thinks the state attorney's decision will deter other people from committing similar crimes.

"He's sending a message," Naiboa said. "If people are going to start shooting people at random, they're going to pay the highest punishment."

Tina Felton, sister of Ronald Felton, said she personally is opposed to the death penalty, though others in her family have different views. Her stance, she said, is rooted in her Christian faith.

"I think he is listening to the families and going by what they say," Felton said. "But that's not what I want for my brother."

The office of Public Defender Julianne Holt, which is representing Donaldson in court, declined a request for comment on the state attorney's decision.

Donaldson's parents, Howell Jr. and Rosita Donaldson, are facing civil contempt proceedings because of their refusal to answer prosecutors' questions about their son.

Their attorneys, A.J. Alvarez and Edgar Guzman, said Tuesday that the couple was "devastated" by the decision to seek the death penalty.

"It's upsetting to the family to know that this is on the table," said Alvarez, who represents the father, Howell Donaldson Jr. He said the father hopes Warren might reconsider his decision.

The parents' case has been combined with their son's criminal case, but his defense attorneys want that to change.

On Monday, Holt's office filed a written request to separate the two.

A hearing on the matter is scheduled for Friday morning. Both sides expressed optimism that the parents' case could be resolved short of their having to pay a fine or serve jail time.

"We believe Mr. and Mrs. Donaldson have valuable information that can shed light on the defendant's actions and his motives," Warren said. "And as much as I empathize with their terrible situation, they have a legal duty to provide that information. The community deserves that information and, frankly, we owe it to the victims' families to seek it."

Since his arrest, the question of Donaldson's motive has remained publicly unanswered. Warren declined to comment Tuesday about what the investigation has revealed.

Warren said he notified Gov. Rick Scott of his decision on the death penalty Tuesday morning.

"The governor wished me well in the prosecution of the case and offered his support to do whatever he can to support the victims and their families," he said.

Since he took office last year as the county's elected top prosecutor, Warren has withdrawn from the death penalty in several murder cases he inherited, and vowed to review several others. At the same time, he has declared an intent to seek capital punishment in three other cases.

The cases in which he has declined to pursue the death penalty tend to involve defendants who exhibited mental health issues or intellectual disabilities.

No matter what punishment Warren chose to pursue for Donaldson, his decision would carry political implications, said Darryl Paulson, emeritus professor of government at the University of South Florida.

"I think he's in political jeopardy if he didn't do it in this particular case," Paulson said. He noted that Floridians historically have supported capital punishment in certain circumstances, including cases of mass murder or serial killing.

"He was elected to a position where his duty is to fulfill the law, and that law in the state of Florida includes the death penalty," Paulson said.

Warren acknowledged Tuesday that capital punishment is a "politically charged issue."

"My focus isn't on the politics," he said. "My focus is on doing what's best to hold the defendant accountable for these crimes."

Times staff writer Tony Marrero contributed to this report. Contact Dan Sullivan at dsullivan@tampabay.com or (813) 226-3386. Follow @TimesDan.