Daytona Beach, FL-A Daytona Beach man who killed another man with a sword has been recommended for the death penalty. James Guzman was convicted for the third time on April 27, which was also his 52nd birthday, on First Degree Murder and Robbery with a Deadly Weapon charges.
Guzman is charged with killing David Lee Colvin in 1991. The jury, comprised of eight men and four women, recommended the death penalty for Guzman following a short deliberation.
Jurors voted 11-1 in favor of the death penalty and agreed unanimously that four aggravating factors existed in reaching the recommendation:
1.) The defendant was previously convicted of a felony involving the use or threat of use of violence.
2.) The capital felony was committed while the defendant was engaged in the commission of a robbery.
3.) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
4.) The capital felony was especially heinous, atrocious, or cruel.
The next court hearing will be what is known as a “Spencer Hearing.” The defense will have the chance to present evidence of mitigating circumstances. Guzman could also speak on his own behalf. The final sentencing date has not yet been set.
Assistant State Attorney Ed Davis of the State Attorney’s Homicide Unit prosecuted the case with Assistant State Attorney John Reid, of the Career Criminal Unit.
Circuit Judge Terence R. Perkins presided over the case and will preside over the final sentencing hearing.
(photo of James Guzman courtesy of Volusia County Corrections)
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