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Dominick Anthony Occhicone, 80 years old, could become the second oldest inmate executed in modern U.S. history on July 28 if the order signed by Florida Governor Ron DeSantis is carried out, despite the legal appeals his defense still has pending.
Occhicone has been incarcerated in the Florida State Prison, near Starke, since he was sentenced to death in 1987 for the murder of Raymond and Martha Artzner, the parents of his ex-partner Anita Gerrity, in a crime committed in 1986 in Holiday, Pasco County, local media reported.
The execution order, signed by DeSantis on June 26, is the twelfth issued by the governor in 2026 so far and reinforces the unprecedented pace at which Florida has implemented the death penalty during his administration.
According to the Prosecutor's Office, led by Attorney General James Uthmeier, Occhicone had previously threatened his ex-partner to harm her or her parents. When Raymond Artzner left the house to confront him, the defendant opened fire.
"Occhicone aimed the weapon at Artzner, turned to Anita, and smiled while shooting her in the neck," the prosecution stated during the trial.
After almost four decades on death row, the defense argues that executing an 80-year-old man with multiple health issues constitutes cruel and unusual punishment, prohibited by the Eighth Amendment of the United States Constitution.
The lawyers from the Capital Collateral Regional Counsel (CCRC) state that the inmate relies on the assistance of guards to carry out daily activities.
"He needs the assistance of a prison guard to enter and exit the shower," they noted in a document submitted to the courts.
Occhicone suffers from kidney and prostate diseases, heart problems, and a significant loss of hearing and vision. Moreover, he will turn 81 a few weeks after the date set for his execution.
The executive director of Floridians for Alternatives to the Death Penalty, Grace Hannah, described the execution as a disproportionate measure.
"This is a cruel and unusual punishment and an outrage to the conscience of everyone involved. He is 80 years old, looks 80 years old, and has the health issues of someone who is 80 years old," he stated.
However, Circuit Judge Pat Siracusa rejected the request to suspend the execution, arguing that the advanced age of the condemned does not, by itself, constitute an exception to the application of the death penalty.
The case now rests with the Florida Supreme Court, although the defense itself acknowledges that the chances of success are slim.
"I'm not optimistic," admitted Gerard Hooper, assistant chief of the CCRC, who noted that most of the judges on the high court were appointed by DeSantis.
Hooper added that he does not expect the court to establish a general criterion that would exclude those sentenced to death who are over 80 years old.
The defense also argues that the conviction would hardly have succeeded under current Florida law. Occhicone was sentenced with a jury recommendation of 7 votes to 5, while current law requires a minimum majority of 8-4 to impose the death penalty.
If the execution takes place, Occhicone would only be surpassed by Walter Leroy Moody Jr., who was executed in Alabama in 2018 at the age of 83 for the mail bomb murder of a federal judge.
Your case occurs amid a . In 2025, the state executed 19 inmates, the highest number recorded since the reinstatement of the death penalty in 1976 and almost half of all executions carried out in the United States that year.
This Tuesday, the execution of Dennis Sochor, 74 years old, is scheduled. He was convicted for the murder of Patricia Gifford in 1982 in Broward County.
For the victim's family, the long judicial process is finally coming to an end. Marilyn Gifford, Patricia's sister, told the AP agency: "I'm just glad it's happening while she's still alive. I wish my mother could see it."
DeSantis has defended the increase in executions with an argument he has reiterated since last year: "Some of these crimes were committed in the 1980s. Delayed justice is justice denied."
According to the television station WTVT, Occhicone's nearly 40-year stay on death row has cost Florida taxpayers approximately $850,000, not including expenses related to legal appeals.
Currently, three inmates are older than Occhicone on Florida's death row, where approximately 242 people remain incarcerated.
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