Dominick Anthony Occhicone, aged 80, is facing potential execution on July 28. If carried out, he would become the second oldest person executed in the modern era of U.S. history, following an order signed by Florida Governor Ron DeSantis, despite pending legal appeals from his defense team.
Since 1987, Occhicone has been held at the Florida State Prison near Starke after being sentenced to death for the 1986 murder of Raymond and Martha Artzner in Holiday, Pasco County. This violent act involved the parents of his former partner, Anita Gerrity, as reported by local media.
The execution order, authorized by DeSantis on June 26, marks the twelfth during his administration in 2026, underscoring a swift and unprecedented application of capital punishment under his leadership.
The prosecution, led by Attorney General James Uthmeier, argued that Occhicone had previously threatened his ex-partner with harm to her or her parents. When Raymond Artzner confronted him outside their home, Occhicone allegedly fired his weapon.
Controversy Over Age and Health
After nearly four decades on death row, Occhicone’s defense argues that executing an 80-year-old man with multiple health issues constitutes cruel and unusual punishment, a violation of the Eighth Amendment of the U.S. Constitution.
The Capital Collateral Regional Counsel (CCRC) attorneys note that Occhicone requires assistance from guards for daily activities. "He needs a prison guard's help to get in and out of the shower," they stated in a court filing.
Occhicone suffers from kidney and prostate diseases, heart problems, and significant hearing and vision loss. He will turn 81 shortly after the scheduled execution date.
Legal Challenges and Public Opinion
Grace Hannah, Executive Director of Floridians for Alternatives to the Death Penalty, criticized the execution as disproportionate. "This is cruel and unusual punishment and an outrage to the conscience of all involved. He is 80, looks 80, and has the health issues of an 80-year-old," she asserted.
Nonetheless, Circuit Judge Pat Siracusa refused to halt the execution, arguing that the inmate’s advanced age does not inherently exempt him from capital punishment.
The case is now before the Florida Supreme Court, though the defense acknowledges the odds are slim. "I'm not optimistic," admitted Gerard Hooper, assistant chief of the CCRC, noting that most justices were appointed by DeSantis.
Historical Context and Future Implications
Hooper also pointed out that under current Florida law, Occhicone's sentence might not have been upheld. He was condemned with a 7-5 jury recommendation, while the current law requires a minimum 8-4 majority for death penalty imposition.
If executed, Occhicone would be surpassed only by Walter Leroy Moody Jr., executed in Alabama in 2018 at age 83 for the mail bomb murder of a federal judge.
His case unfolds amid a surge in Florida executions. In 2025, the state executed 19 inmates, the highest number since the death penalty's reinstatement in 1976, accounting for nearly half of all U.S. executions that year.
This Tuesday, Dennis Sochor, aged 74, is scheduled for execution in connection with the 1982 murder of Patricia Gifford in Broward County.
For the victim’s family, the lengthy legal proceedings are drawing to a close. Marilyn Gifford, Patricia's sister, told the AP: "I'm just glad it's happening in my lifetime. I wish my mother could see it."
Governor DeSantis has justified the rise in executions with a consistent argument: "Some of these crimes were committed in the 80s. Delayed justice is justice denied."
According to WTVT, Occhicone's nearly 40 years on death row have cost Florida taxpayers approximately $850,000, excluding costs related to legal appeals.
Inmate Execution in Florida: Key Questions Answered
Who is Dominick Anthony Occhicone?
Dominick Anthony Occhicone is an 80-year-old inmate on death row in Florida, convicted for the 1986 murder of Raymond and Martha Artzner.
Why is Occhicone's execution controversial?
The controversy stems from his advanced age and deteriorating health, which his defense argues make the execution a violation of the Eighth Amendment's prohibition of cruel and unusual punishment.
What has Governor Ron DeSantis said about the increase in executions?
Governor DeSantis has defended the increase in executions by stating that justice delayed is justice denied, particularly for crimes committed decades ago.