Major FL Court: Defendant Guilty of Murder For Beating Man in Wal-Mart Parking Lot

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary

Florida’s 4th District Court of Appeal affirmed a defendant’s second-degree murder conviction, finding the evidence was sufficient as a matter of law to support the jury’s conclusion that the defendant acted with a ‘depraved mind.’

• CASE: Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014) 
• Charge(s): Second-Degree Murder
• Outcome: Conviction AFFIRMED, as evidence clearly supported finding that the defendant acted with a “depraved mind” when he killed the victim.

Second-Degree Murder Charges in Florida

In Florida, second-degree murder and attempted second-degree murder are extremely serious felony offenses. For someone to be guilty of second-degree murder, the State must prove all of the following elements beyond a reasonable doubt:

• The victim is dead
• The death was caused by the criminal act of the defendant
• There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life

Second-degree murder is a first-degree felony in Florida, typically punishable by up to 30 years in prison and a $10,000 fine. However, under Florida’s 10-20-Life law (Fla. Stat 775.087), more serious penalties may attach (up to life in prison) if a firearm is used to commit the offense. For more on this, click here.

Attempted second-degree murder is a similarly serious felony under state law. For a defendant to be proven guilty of attempted second-degree murder, the State must establish all of the following beyond a reasonable doubt: 

• The defendant intentionally committed an overt act that could have but did not result in the death of a victim 
• The act was imminently dangerous to another (other than the perpetrator) 
• The act demonstrated a depraved mind without regard for human life
• The overt act went beyond “mere preparation”

Attempted second-degree murder is typically considered a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Under the 10-20-Life law, if the offense involves the use of a firearm to injure a victim, attempted second-degree murder is punishable by up to life in prison. For more, click here.

Note: Florida’s attempted second-degree murder law has attracted significant scrutiny from many legal advocates, who have argued it is “nonsensical” and potentially unconstitutional. To learn more, click here. 

If someone is charged with second-degree murder or attempted second-degree murder, the State must prove they acted with a depraved mind. Per Holmes v. State, 278 So. 3d 301 (Fla. 1st DCA 2019), an act done with a “depraved mind” involves all of the following:

• A person of ordinary judgment would know the act is reasonably certain to kill or do serious bodily to another
• It is done from ill will, hatred, spite, or evil intent
• It is of such a nature that the act itself indicates an indifference to human life

Courts have often found that a “depraved mind” does not usually develop in an instant. In many cases, the alleged perpetrator and victim of a second-degree murder (or attempted second-degree murder) have a “history” that allows “ill will, hatred, spite, or evil intent” to form in the mind of the alleged perpetrator. Wiley v. State, 60 So.3d 588 (Fla. 4th DCA 2011)

However, in recent years, Florida’s 1st District Court of Appeal (Tallahassee and North Florida’s highest court) has clarified that this is not an absolute requirement. Porter v. State, 384 So.3d 839 (Fla. 1st DCA 2024) 

In the event that a defendant goes to trial on a second-degree murder or attempted second-degree murder charge, they may move for a judgment of acquittal (MJOA) – arguing the evidence in the record is insufficient as a matter of law to support a jury finding that they acted with a depraved mind (instead of in self-defense, in the “heat of passion,” etc.).

After hearing the State counterargument to the MJOA, the trial judge has three options:

• Grant the MJOA outright (e.g. if the evidence in the record clearly supports a lawful use or threatened use of force), dismissing the charges as a matter of law
• Partially grant the MJOA, reducing a second-degree murder or attempted second-degree murder charge to manslaughter or attempted manslaughter by act (considered second and third-degree felonies, respectively)
• Deny the MJOA, finding that when viewing the evidence “in a light most favorable to the State,” a jury could reasonably conclude the defendant committed the offense(s)

If a trial judge denies the MJOA request and is convicted, this preserves the issue for appeal. The District Court of Appeal that exercises jurisdiction over the trial court will review the MJOA de novo (anew) to determine whether the trial judge got it right – or if they should have reduced or dismissed the charge(s) as a matter of law.

Sometimes, a DCA (e.g. a Florida appellate court) will reverse a defendant’s conviction, finding they lawfully used or threatened force (pursuant to Florida’s Stand Your Ground law). But more commonly, the dispute is not whether the evidence in the record supports a claim of a lawful use of force – it’s whether the evidence supports the finding of a “depraved mind.”

If the DCA finds that the record only supports a finding that the defendant acted in the “heat of passion” (e.g. an emotional overreaction) – rather than out of ill will, spite, hatred, or evil intent towards the victim – the appellate court is likely to reverse the judge and enter a conviction for manslaughter or attempted manslaughter. Sandhaus v. State, 200 So.3d 112 (Fla. 5th DCA 2016)

But in many cases, a District Court of Appeal will affirm the trial judge’s denial of an MJOA – finding a jury could reasonably have concluded based on the evidence that the defendant acted with a depraved mind (supporting a conviction if the remaining elements of second-degree or attempted second-degree murder are proven).

In one major case, Florida’s 4th District Court of Appeal affirmed a defendant’s conviction for second-degree murder – finding sufficient evidence he acted with a “depraved mind.” Let’s look at that case – Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014) – and discuss what it means for those charged with second-degree murder or attempted second-degree murder.

KEY CASE: Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014) 

In Henry, the defendant (Henry) was convicted of second-degree murder with a weapon. Henry argued on appeal that the evidence at trial failed to support the jury’s finding that he acted with a depraved mind (e.g. second-degree murder) rather than in the “heat of passion” (manslaughter, a less serious crime).

At trial, it was revealed that Henry saw the victim driving. Henry believed the victim burglarized his apartment a few days earlier – so Henry jumped in his friend’s car and directed his friend to follow the victim’s vehicle.

Eventually, the two cars entered a Wal-Mart parking lot. Henry grabbed a baseball bat out of the trunk of his friend’s vehicle, approached the victim, and began hitting him (approximately 15 to 20 times) with the bat. The victim did not fight back.

Henry continued to beat the victim with the bat even when he attempted to flee. Eventually, the victim (Arroyo) slipped into unconsciousness – then into a coma at the hospital. He later died of his injuries. According to the 4th DCA:

“While appellant acknowledged that he followed Mr. Arroyo seeking revenge and that he intended to engage in a fight, he denied any intent to kill and testified that he only planned on using the bat after his friend told him it was in the trunk of the car. Upon the close of the State’s case, appellant timely moved for a judgment of acquittal on the charge of second degree murder, arguing that his conduct only rose to the level of a third degree murder based upon aggravated battery with a deadly weapon. The trial court denied the motion and instructed the jury on second degree murder with a weapon and the lesser included offenses of manslaughter with a weapon and third degree felony murder. The jury rendered its verdict finding appellant guilty on the second degree murder charge. He was subsequently sentenced to life in prison.”

On appeal, the only disputed issue was whether the evidence supported the jury’s conclusion that Henry acted with a “depraved mind” – or if his beating of Arroyo was an impulsive, emotional overreaction (requiring reduction of his second-degree murder conviction to the lesser offense of manslaughter). 

The 4th DCA disagreed with Henry’s claim that the evidence only supported a finding of guilt for manslaughter – and affirmed his second-degree murder conviction. The 4th DCA began by discussing what courts in Florida have previously said about the issue, writing:

“These decisions recognize that: (a) a defendant who at worst acts recklessly does not satisfy the “depraved mind” element of the crime; and (b) conduct in the form of an immediate overreaction to an assault is generally insufficient to prove ill will, hatred, spite, or evil intent, as those mental states usually require more than an instant to develop. See Light, 841 So.2d at 626. Put simply, there certainly are cases where the quantity or quality of evidence does not permit a finder of fact to conclude, beyond a reasonable doubt, that the defendant committed an act “imminently dangerous to another and evincing a depraved mind regardless of human life.”

The 4th DCA concluded Henry’s fatal beating of the victim was not a “reckless and impulsive overreaction,” but a “depraved mind” act that was driven by hatred towards the victim:

“Appellant’s conduct was far from merely reckless. He chased the victim with a baseball bat, striking him repeatedly and violently more than 15 to 20 times, including several blows to the head. The evidence, viewed in the light most favorable to the State, showed that appellant continued this savage beating even after Mr. Arroyo lay motionless on the ground. This behavior was clearly in disregard for human life and was arguably sufficient to support even a first degree murder charge … In sum, and as Justice Canady recently observed through a comment particularly apropos here, “[a] defendant who has brooded on a prior wrong and has nursed his resentment and anger into a full-blown rage is not one who lacked a depraved mind.”

“Appellant’s vicious attack was a deliberate administration of “street justice,” Antoine v. State, 138 So.3d 1064, 1074 (Fla. 4th DCA 2014), and the jury’s finding of guilt is supported by competent evidence establishing each element of the crime for which he was convicted. Affirmed.”

In sum, Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014) marks a significant development in Florida’s corpus of case law regarding what constitutes a “depraved mind” act in second-degree and attempted second-degree murder cases. The 4th DCA (Southeast FL’s highest court) found:

• Henry deliberately followed the victim and beat him to death with a bat, believing that the victim had burglarized his apartment days earlier
• Henry’s course of conduct was not an “impulsive overreaction” – it was the product of a “depraved mind” (e.g. ill will, spite, hatred, evil intent) without regard for human life
• Because the other elements of second-degree murder were undisputed, the evidence in the record supported the jury’s guilty finding, requiring Henry’s conviction to be affirmed

Florida’s criminal defense community should take note of Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014), as it makes clear what sort of conduct appellate courts are likely to recognize as second-degree rather than manslaughter.

If someone is concerned about being charged with murder, manslaughter or a related offense, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting criminal charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

  Social Share