Tampa Man Dodges Death Penalty; Sentenced to Life in Prison

Derrick McNeal of Tampa escaped the death penalty this week in a Hillsborough County courtroom. McNeal was convicted of the first-degree murder of a toddler but the jury recommended that he be sentenced to life in prison without parole.

On July 4, 2005, McNeal drove his pickup truck into a crowd of people at a party. His ex-girlfriend Tosha Montgomery was allegedly the target of his actions. Montgomery was pinned against a wall by the truck. When McNeal backed up and drove away, he left two-year-old Demontaye Simmons dead and two other children injured.

McNeal was then charged with murder, aggravated assault and aggravated stalking. Montgomery testified that McNeal stalked her for months prior to the July 4th incident.

McNeal’s capital murder defense attorneys argued that the boy’s death was an accident. They alleged that McNeal ducked when someone shot at him and that the Dodge had faulty brakes. They also claimed that it was Montgomery who stalked McNeal.

After the evidence was presented, the jurors deliberated for four hours before finding McNeal guilty of first-degree murder. They deliberated for more than an hour before deciding he should be spared from execution. They ultimately recommended that McNeal spend the rest of his life in prison for Demontaye’s death.

Prosecutors did not ask the judge to override the jury’s sentencing recommendation and he then immediately sentenced McNeal to a life term without parole.

In the penalty phase of the trial, psychologist Valarie McClain testified that McNeal suffered from bipolar disorder and had impulse and anger control problems. She said those issues, along with previous head injuries, impaired McNeal’s ability to conform to societal standards.

Prosecutors called psychiatrist Wade Myers refuted the defense’s position, stating that he found no evidence of bipolar disorder.

McNeal received life sentences for the attempted murder of Montgomery and assault on one of the injured children.