Florida
Killer cop or the wrong man? DNA halts Florida execution. For now.
Ex-officer James Duckett had been set to be executed by lethal injection on March 30 for the rape and murder of an 11-year-old girl while he was on duty in Florida. But DNA testing has stopped it.
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When 11-year-old Teresa Mae McAbee was kidnapped, raped, strangled and drowned in the small Florida city of Mascotte nearly 40 years ago, a surprising suspect emerged: a rookie cop named James Duckett.
The one undisputed fact of the case is that Duckett was on duty on May 11, 1987, when he encountered Teresa at a convenience store. The little girl had walked there to buy a pencil.
Duckett maintains that he told Teresa that she needed to go home, and that’s the last time he saw her. Prosecutors argue that Duckett was a monster in disguise who abused the badge and brutally raped and killed Teresa before dumping her body in a lake.
Jurors accepted the state’s narrative, convicting Duckett of murder largely based on circumstantial evidence and recommending the death penalty.
Now nearly 40 years later, DNA in the case stands to either save Duckett’s life or seal his fate.
Duckett, 68, had been set to die by lethal injection at a Florida state prison on Tuesday, March 31. But with less than a week to go, the Florida Supreme Court issued a rare stay of execution pending the results of the DNA testing. And on Monday, March 30, the court upheld the stay, effectively stopping any chance that the execution would happen as scheduled.
Though the execution is on hold for now, it’s not on hold for good.
As Duckett awaits his fate, USA TODAY is looking deeper at the case, the recent court actions and why the DNA hasn’t been tested until now.
What happened to Teresa Mae McAbee?
On May 11, 1987, the fates of 29-year-old rookie cop James “Jimmy” Duckett and 11-year-old Teresa Mae McAbee became intertwined.
Teresa had walked to her local Circle K convenience store to buy a pencil around 10 p.m. in Mascotte, Florida, a rural city just west of Orlando that had fewer than 2,000 residents at the time.
Duckett was on patrol for the Mascotte Police Department. The married father of two sons, who had been on the force for seven months, was making his regular rounds and stopped at Circle K, spotting Teresa talking with a 16-year-old boy outside the store, according to court records.
Duckett has always maintained that he talked to Teresa and the teen, telling each to go home. But the boy and his uncle later said that Duckett put Teresa in his patrol car and drove off.
Teresa’s mother arrived at the Circle K around 11 p.m. looking for her daughter. The store clerk told her that Teresa may have gone with Duckett, and the mother began searching the area. When she couldn’t find Teresa, she contacted police and later filed a missing persons report with Duckett, the only officer on patrol at the time.
The next morning, less than a mile from the Circle K, a fisherman found Teresa’s body in Knight Lake. A medical examiner later found that she had been raped, strangled and was still alive when her attacker drowned her. Bodily fluid, presumably from the killer, was found on her underwear − DNA that was saved.
Duckett became a suspect when a sheriff’s investigator, Sgt. Chuck Johnson, thought the officer was acting nervous at the scene of the body recovery, “was not curious about the death,” and told a “rehearsed-sounding story” about his interaction with Teresa and the events of the night before. Duckett was charged with murder five months later.
What happened at James Duckett’s trial?
At trial, prosecutors called James Duckett a “cold-blooded killer” and said that unlike him, Teresa didn’t have a judge or jury.
“She had a police officer named Duckett pick her up and put her in the car and take her down to Knight Lake, and he sentenced her to be raped, and he sentenced her for threatening to tell on him and taking away his power, his almighty power of the badge,” they told jurors, according to court records. “She threatened to tell when she was hurt … so he sentenced her to die. He served as executioner.”
Among the state’s evidence: a pubic hair found on Teresa that an FBI analyst said was consistent with Duckett’s, Teresa’s fingerprints on the hood of Duckett’s car, tire tracks at the scene of the murder that police say matched Duckett’s patrol car, and a key witness who testified that she saw Duckett drive off with a small person in his patrol car shortly after he spoke with Teresa.
Prosecutors also put three young women on the stand who testified that they were underage when Duckett sexually harassed or abused them.
Duckett’s attorneys have been working to poke holes in the trial evidence, saying that Teresa’s fingerprints were on the car hood because she sat on it at the Circle K, that a second hair found on the girl’s body was inconsistent with Duckett’s, and that Duckett’s tire tracks were at the scene because drove there after the body was found.
They also argue that the state’s key witness agreed to give bogus testimony in exchange for getting out of jail early and that there was no evidence to corroborate the stories of the three young women who testified that Duckett had been inappropriate with them.
Duckett’s attorneys also argue that there were far likelier suspects in the case, including the teen Teresa was talking to before she vanished and various men who were boyfriends or friends of her mother’s.
“For reasons beyond his control, James Duckett was chosen as the suspect, and other more likely suspects were allowed to walk away,” his attorneys argue in court records. “Rather than find the real perpetrator, the state chose to proceed with a circumstantial evidence case against Mr. Duckett.”
Just before he was sentenced to death, Duckett pleaded with the judge in the case to spare his life.
“I did not do this,” he said, according to court records. “When the person who did this repeats it, I want to see the face of the person telling the victim’s mother, father, sister or brother, ‘I am sorry. We thought we had the right one before.’”
An execution scheduled, then stopped
After spending nearly 40 years on death row, James Duckett’s execution was scheduled for March 31 after Florida Gov. Ron DeSantis signed his death warrant last month.
Duckett’s attorneys fought to stop the execution so that DNA testing could be conducted on the semen collected from the crime scene. On March 26, the Florida Supreme Court agreed to issue a stay of execution pending results from the testing.
The results, which came in on March 27, were inconclusive, possibly because so little of the DNA collected was left to be analyzed. But Duckett’s attorneys had argued that a different lab would be more likely to extract useable results.
The Florida Supreme Court could have lifted its stay because the initial results were inconclusive. Instead, the court decided to uphold it on March 30 in a 6-1 ruling, stopping Duckett’s execution for now.
Duckett’s attorney, Mary Wells, told USA TODAY that the stay was “a significant step toward preventing the irreversible harm that will result if the State of Florida executes an innocent man.”
“DNA testing … has the potential to conclusively establish Mr. Duckett’s innocence,” she said. “When the outcome of the results is whether a man lives or dies, there is no valid scientific basis for prohibiting a second examiner to analyze the results.”
The state’s Attorney General’s Office had argued in court that the stay should be lifted because the DNA results were inconclusive and that Duckett sought DNA testing far too late.
“Duckett waited until after a warrant was signed to seek DNA testing for a murder he committed over 38 years ago where he knew about the (DNA) slide at least since the relinquishment in 2003,” they wrote. “But he did not seek DNA testing as soon as the science was sufficiently advanced. A truly innocent man would have sought … DNA testing as soon as it was available.”
What happens now?
In its order upholding the execution stay, the Florida Supreme Court ordered Lake County Circuit Judge Brian Welke to provide the higher court with a status report by the end of day on April 2
Welke is expected to decide whether there should be further testing of the DNA. Welke is the judge who initially granted Duckett’s request to test the DNA.
In his dissenting opinion to uphold the stay, Florida Supreme Court Justice Adam Tanenbaum wrote that Duckett’s DNA fight amounts to “a Hail Mary pass” and that given the inconclusive test results, there is “nothing further for (Welke) to do at this point.”
“Indeed, as has been the case for decades, there is no exonerating evidence at all to justify any further delay in the defendant’s execution, which has been a long time coming,” Tanenbaum wrote. “Justice for the victim and her family has been delayed far too long. The defendant’s time is up.”
Amanda Lee Myers is a senior crime reporter who covers cold case investigations and the death penalty for USA TODAY. Follow her on X at @amandaleeusat.
Florida
Elevate Florida program: Lawmakers, homeowners demand action on home elevation grants
Push for Elevate Florida funding
Almost two years after Hurricane Helene, some people are still waiting to get back into their homes. They’ve been on hold waiting for help from the Elevate Florida program. FOX 13’s Kylie Jones reports.
ST. PETERSBURG, Fla. – Some homeowners in St. Pete are still waiting for funding to raise their home after it flooded during Hurricane Helene.
One couple is still waiting for an update on their application to the Elevate Florida program — after about a year with no progress.
PREVIOUS: Thousands denied in first round of Florida’s new home elevation program
Elevate Florida program delays
What we know:
Jason and Carrie Nash’s home in Shore Acres had about four feet of water inside after Hurricane Helene. It solidified their decision to raise their home.
The Florida Division of Emergency Management opened the Elevate Florida program following Helene. The program is expected to cover approximately 75% of the costs to lift homes using federal grant money from FEMA. The homeowner would be expected to cover the remaining 25% of the cost.
The couple applied to the program and received an email last summer from Elevate Florida, saying the state had sent their application to FEMA for further review. Jason Nash says in November, they still hadn’t heard anything.
Mixed reactions as Shores Acres awaits ‘Elevate Florida’ decisions
He says they got an email from Elevate Florida in March, explaining that FEMA processing has been repeatedly delayed by factors outside the control of the Florida Division of Emergency Management and Elevate Florida. Last week, Pinellas County state lawmakers signed a letter to congressional leaders, calling on them to urge federal agencies to expedite the grant approval process.
“To put some more staffing, expedite the awards of these programs,” Rep. Lindsay Cross said.
Cross says that because the grant money being awarded is coming from federal funding, they don’t have direct control at the state level.
“Once that award comes, there’s still the stages of designing and permitting and getting people temporary housing in some cases,” she said.
According to the Elevate Florida website, federal grant requirements added extra review steps in June of last year, which could impact the timeline of the program.
St. Pete housing gridlock
What they’re saying:
Nash and his wife haven’t been able to live in their home for almost two years. The couple has been renting, while they wait to hopefully get awarded a grant from Elevate Florida.
“We not only have double rent, double bills, double everything, but on top of that, we’re paying for a storage unit to house all of our belongings in,” Nash said.
Nash says he’s reached out to leaders on the local, state and federal level, but feels like he isn’t getting answers.
“The worst thing that somebody can tell you in life is ‘Maybe’, because it still gives you hope,” he said. “And that’s all we’re getting, is ‘Maybes.’”
Stalled federal grant awards
What we don’t know:
It remains unclear exactly when FEMA will finalize the remaining applications. Nash says they received an email from Elevate Florida last week, saying 16 projects had been awarded funding, and that FEMA was continuing to award grants and would update homeowners.
FOX 13 reached out to the Florida Division of Emergency Management and is waiting for a response.
The other side:
On Monday night, a FEMA representative shared the following statement:
“FEMA obligates Hazard Mitigation Grant Program funds to the state, not homeowners directly. Elevate Florida is a state-managed mitigation program. Questions should be sent to the Florida Division of Emergency Management.”
FEMA also directed people to its latest updates on funding awarded in Florida here.
The Source: The information in this story was gathered from an interview with a St. Pete homeowner, an interview with Rep. Lindsay Cross, a letter written by state representatives from Pinellas County, the Elevate Florida website and a statement from FEMA.
Florida
Florida man accused of using rifle in threatening another man at Wawa
A 40-year-old man accused of using an AR-style rifle to threaten another man in a Wawa parking lot was arrested, according to a recently-obtained affidavit.
Jeremy Vigil, of the 700 block of Southwest Estate Avenue in Port St. Lucie, was arrested June 15 on aggravated assault with a deadly weapon and battery charges after the incident at a Wawa at Southwest Becker Road and Southwest Port St. Lucie Boulevard.
A man about 10 p.m. June 15 told Port St. Lucie police that he and Vigil completed a job together the weekend before, and Vigil was angry about payment.
The man said Vigil contacted him, telling him to meet with his money. He arrived at Wawa and met Vigil, with their vehicles positioned window to window.
He described Vigil as “extremely angry,” and accused Vigil of pointing an AR-style rifle out of his truck at him.
“I’m a gangster (expletive),” Vigil is quoted as saying. “I’ll (expletive) kill you.”
The man said Vigil’s son was in the truck, and tried to get the rifle away from his father.
The man reportedly tried to record the encounter on his phone but said Vigil knocked the phone from his hand.
The man said he drove off and circled around to get his phone from the ground near the air pumps.
Ultimately, he said Vigil approached again without the rifle. Vigil reportedly “prevented him from leaving by chest-bumping (the man’s) vehicle.”
Vigil and the man got in a physical altercation near the gas pumps. Vigil then is accused of chasing the man into Wawa and yelling before leaving the scene.
Police viewed video surveillance of the incident.
Police reported they couldn’t definitively see a firearm in the video, noting the quality of the footage and distance away made it difficult.
The store manager told investigators it was the third incident involving Vigil at the location.
Police went to Vigil’s home, and he finally came outside after officers used a public address system and made a number of phone calls.
Vigil allowed officers to search his home, and they reported finding an AR-style rifle inside a safe.
Vigil initially denied the allegations.
Parts of the affidavit that appear to contain some of Vigil’s statements with police were redacted.
Vigil was taken to the St. Lucie County Jail, but it couldn’t immediately be determined June 22 whether he’d been released on bond. Attempts to reach the booking desk via phone were unsuccessful.
Will Greenlee is a breaking news reporter for TCPalm. Follow Will on X @OffTheBeatTweet or reach him by phone at 772-267-7926. E-mail him at will.greenlee@tcpalm.com.
Florida
Get ready Fort Myers Beach. You’re getting a food truck park
Cape Coral has one. So do Fort Myers, Bonita Springs and Naples.
And now it’s Fort Myers Beach’s turn to get its very own food truck park.
Access 26 Family Food Truck Park is expected to open early next year at 2500 Estero Blvd. and Beach Access 26. On June 8, Stevens Construction broke ground on the project, which will highlight five yet-to-be-announced food trucks, all with unique menus.
And there’s more. A bar with covered seating, Manny’s Scoops ice cream and retail area will be featured in a two-story, 3,000 square-foot structure. Storage, office space, restrooms, coolers, a freezer and a dumbwaiter system for beer kegs and supplies will take up the second floor.
A 569-square-foot comfort center with restrooms, storage and three outdoor showers is also planned, along with a curbside table rail, artificial turf play area, three shade canvas structures, guest parking lot and beach access.
And it’s designed with storms and hurricanes in mind — the building’s generator and mechanical equipment will be above flood level, metal flood panels and waterproof walls will help with storm surge and flooding, and the foundation’s design lets water flow through more easily.
Southwest Florida’s expanding food truck scene
Access 26 is the latest food truck park to join Southwest Florida’s growing eatertainment scene. Slipaway Food Truck Park & Marina opened a year ago on July 4 with food trucks, a large covered central bar, live music daily and more in Cape Coral.
Bay Street Yard first brought its vibrant food and entertainment concept to downtown Fort Myers in May 2024, while Backyard Social debuted its food trucks and family-fun daytime and 21-and-up nightlife format in south Fort Myers in October 2023.
Bonita Springs welcomed Rooftop at Riverside’s two-story, two-bar (one on the rooftop) open-air venue with food trucks in January 2024.
Naples’ Celebration Park — a waterfront destination with gourmet food trucks, bar and live music — led the way, opening in November 2018.
Robyn George is a food and dining reporter for The News-Press. Connect at rhgeorge@fortmyer.gannett.com
Please support local community journalism and stay informed about Southwest Florida news by subscribing to The News-Press and Naples Daily News; download the free News-Press or Naples Daily News app, and sign up for daily briefing email newsletter, food & dining and growth & development newsletters here and here.
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