Re-conviction of the “cop killer” who shot Sergeant Morales could overturn death penalty

Eight years after being sentenced to death for the shooting of St. Lucie County Sergeant Gary Morales, Eriese Tisdale must appear in court again to request her release from death row.

Jury selection for a new verdict begins on Monday.

In February 2013, Tisdale shot and killed 35-year-old Morales after a traffic stop. Tisdale shot Morales while he was still sitting in his patrol car. Morales left behind a wife and two children.

His brother, Ken Morales, says Gary loved his job and served St. Lucie County for 13 years. Law enforcement runs in the family. “He always saw my dad come home with his badge and his gun, and Gary had the little costumes with his own badge and gun. I think that just instilled that in him,” Ken Morales said.
In 2015, a jury voted 9-3 for the death penalty. At the time, the law required a “majority” of jurors for a judge to impose the death penalty. The following year, a judge sentenced him to death.

However, between the time Tisdale was awaiting sentencing and the time the verdict was announced, a number of changes to Florida's death penalty laws occurred.
Tisdale's sentencing was delayed in 2016 after the U.S. Supreme Court ruled Florida's death penalty system unconstitutional. The state then passed a new law requiring at least 10 of 12 jurors to recommend the death penalty. But that law was ruled unconstitutional, and in 2017 Governor Rick Scott signed a new law requiring unanimous jury verdicts in death penalty cases.

Because of these changes in Florida's death penalty law, Tisdale won an appeal of his conviction in 2018 and received a new sentencing hearing that begins next week.

Ken Morales said his family is afraid of reliving one of the worst moments of their past. “I thought once the judge made his decision, that was it. I didn't think something like this would happen 11 years later,” Morales said. “Sometimes I think those who make the laws haven't experienced what we've experienced.”

But the laws continued to change. In 2023, Governor Ron DeSantis signed a new death penalty law after Nikolas Cruz was sentenced to life in prison instead of the death penalty for the murder of 17 people at Marjorie Stoneman Douglas High School. The new law makes it easier to impose the death penalty because only eight jurors need to vote in favor for a judge to impose it.

According to prosecutor Tom Bakkedahl, this means that eight of Tisdale's new jurors would have to vote for the death penalty in order to uphold Tisdale's death sentence.

Ken Morales says he doesn't want to be in the courtroom again. “I know how my brother was shot. I know how many times he was shot. I don't need to hear that again,” Morales said.

If Tisdale's death sentence were replaced with life imprisonment, Morales said his family would at least not have to worry about future changes to death penalty laws. “As long as he doesn't get out.

“Whether you choose the death penalty or life imprisonment, do not let him out. Keep him in prison,” Morales said.

WPTV has reached out to Tisdale's public defender for comment but is awaiting a response.

St. Lucie County Sheriff Keith Pearson declined to give an on-camera interview, but issued a brief statement saying, “If anyone deserves the death penalty, it is Tisdale.”

Scripps Content Only 2024