Shelby Nealy's defense team makes final plea against death penalty in murders of ex-wife's family
Post-conviction hearing to avoid death penalty
FOX 13's Kylie Jones was in the courtroom today for Shelby Nealy's hearing as Nealy made his final plea to avoid the death penalty.
TARPON SPRINGS, Fla. - A four-time killer in Pinellas County had one final chance to escape the death penalty.
Shelby Nealy had a Spencer hearing on Tuesday morning, where his team laid out its final evidence in an effort to convince the judge to spare his life.
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The backstory:
Nealy has been serving a 30-year prison sentence for pleading guilty to manslaughter in the death of his then-wife, Jamie Ivancic, in Pasco County in January 2018. He tried to cover up her death for nearly a year.
Nealy pretended to be Jamie in the months that followed, corresponding with her family through texts and social media messages before they became suspicious.
In December 2018, he went to Jamie's parents' home in Tarpon Springs and killed her parents, Richard and Laura Ivancic, along with Jamie's brother, Nick. Nealy also tried to cover up their brutal murders, before leaving town.
Pictured: Jamie Ivancic.
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Their bodies were found about two weeks later, and investigators arrested Nealy in Ohio in January 2019. In July, a jury voted 11-1 to recommend the death penalty in the triple murder.
Shelby Nealy's Spencer hearing
On Tuesday morning, Nealy had a Spencer hearing, which is a type of post-conviction hearing in Florida that allows the defense to present any additional evidence or mitigating factors for the judge to consider before sentencing.
What they're saying:
Nealy's defense team focused on his mental health and trauma he suffered throughout his life. His attorney displayed brain scans and notes from doctors that indicated significant abnormalities and signs of a traumatic brain injury.
The defense called on a doctor who testified via video conference. He said these abnormalities impact the ability to control aggressive impulses and can affect the ability to feel guilt and shame.
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"A common misconception is that impulses are only short-term, but you can have long-term inappropriate, aggressive impulses because of traumatic brain injury," Dr. Joseph Wu, at University of California, Irvine, said.
Pictured: Richard and Laura Ivancic (left and middle) and Jamie's brother Nick (right).
Nealy's attorney showed documentation from other doctors who determined Nealy had PTSD, noting his experience being homeless and the suicide of his father.
"He has a very, what I call stupid plan, to try and cover up, but he doesn't really think through the consequences," Wu said. "A myopia of consequences. And this is a classic symptom that we see in people with the kind of reasoning that we see in Mr. Nealy."
Nealy's attorneys used research and testimony from medical experts to try to connect Nealy's mental abnormalities and trauma to his actions in committing the murders.
"People who are traumatized and depressed sometimes engage in self-defeating behavior," Wu said.
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The other side:
The state questioned this defense though, arguing that Nealy displayed problematic behavior from a young age and that these factors aren't an excuse for the murders.
Pictured: Shelby Nealy.
"The fact that Mr. Nealy has demonstrated poor choices and escalating bad behavior since childhood, well before any of these incidents that you've discussed of brain injury or PTSD, that this is just part of his personality. Bad decision-making and poor planning is just who he is," the prosecutor said.
The state referenced other poor decisions Nealy made prior to some of the traumatic experiences the defense referenced.
"But, he still engaged in actions that were clear that the plans were poor, they were impulsive, they were poorly thought out, and they were doomed to fail," the prosecutor said. "Getting a teenage girl so she wouldn't go off to college and leave him, choosing to be homeless."
What's next:
The judge still has to decide Nealy's sentence. He said any final briefs and documents from attorneys have to be submitted by March.
Nealy's sentencing is set for April 10.
The Source: The information in this story was gathered during Shelby Nealy's Spencer hearing in Pinellas County.