Death Row inmate Jeffrey Lee Weaver, convicted of killing a 27-year-old Fort Lauderdale cop, won his death penalty appeal Thursday in the Florida Supreme Court.
Weaver, a homeless drifter, was sentenced to death by Broward County Judge Mark Speiser even though the jury recommended life in prison in the 1996 shooting death of Officer Bryant Peney.
Thursday's unsigned ruling upheld Weaver's conviction but vacated his death sentence. There is no chance of parole for Weaver.
The court's ruling was not unexpected, Peney's family said. ''We knew this would happen,'' said Peney's mother, Ellie Peney, of Coral Springs. ``And we're all right with it. It was a blessing for us, because we didn't want to go through a trial again, and we won't have to.''
Peney, who comes from a police family, was a twin.
His brother, Todd, is a sergeant with Fort Lauderdale police.
His father, Joel Peney, retired after spending 15 years with Fort Lauderdale as a civilian supervisor overseeing police evidence and supplies.
Todd Peney's wife called to give him the news.
''He's OK with it,'' Ellie Peney said.
The family was headed out to hear Todd Peney's 7-year-old son sing in a school concert Thursday.
Peney, who had stopped Weaver on a suspicious-person call, died from a single gunshot to the chest.
Weaver denied that he had ever aimed at Peney, insisting he fired a shot to try to frighten the officer so he would stop chasing him across South Federal Highway in Fort Lauderdale.
During Weaver's 1999 trial, Speiser called Peney's death a ``merciless gunning down.''
The Judge chastised Weaver, now 45, for showing no remorse for his actions and said aggravating factors outweighed the circumstances that could be considered for granting Weaver a lesser sentence.
At the time of the decision, Michael Tenzer, Weaver's standby counsel during the trial, disagreed with the judge.
''I don't think there's enough in the record to support his decision,'' Tenzer said. ``I feel confident that this sentence will be commuted.''
NO SURPRISE
The Supreme Court's ruling ruling did not come as a surprise to many in the legal community.
''I didn't think it was a death penalty case, the jury didn't think it was a death penalty case and the court didn't think it was a death penalty case,'' said criminal defense attorney Raag Singhal who handled the death penalty phase for Weaver.
``There was clearly a reasonable basis for the life in prison conviction.''
Earlier Supreme Court rulings, specifically Ring vs. Arizona, paved the way for the Weaver ruling, said local criminal defense attorney George Reres.
The 2002 ruling stated juries, not judges, should mete out death sentences.
''I think the decision was based on Ring but it likely would have been turned over anyway,'' Reres said.
'The Florida courts have been overruling judges' overrides for some time. Any lawyer at the time would have told the family that Judge Speiser's ruling wouldn't hold.''
It was the third time a higher court has reversed an override by Speiser, who could not be reached for comment.
SATZ `PLEASED'
Broward State Attorney Michael Satz, who prosecuted the case, said he was pleased that the court upheld Weaver's conviction ``for his heinous murder of Officer Peney.
``Although we felt, as the trial judge did, that the death penalty was the appropriate penalty for this senseless murder, we understand the Supreme Court's rationale for its decision.''
Ellie and Joel Peney said there's no pain in remembering their son. ''He was such a great kid, he was wonderful and we know we'll see him when we die,'' Ellie Peney said. ``We have our faith. We have our grandchildren, our son, Todd, and his wife. We are truly blessed.''
Peney graduated from St. Thomas Aquinas High School and worked, along with his brother Todd, as a lifeguard at the now defunct Six Flags Atlantis before joining the Deerfield Beach police department. He joined the Fort Lauderdale force in 1990.
PENEY FOUNDATION
The family started a Bryant Peney Scholarship Foundation after his death. Each year they award a four-year $6,000 college scholarship -- $1,500 annually -- to a daughter or son of a Fort Lauderdale police officer.
They also serve as grief facilitators at Cavalry Church.
''It helps us, doing these things to help others,'' Joel Peney said. ''God has been good to us and we're going to have a wonderful holiday.'' Anyone wishing to contribute to the Bryant Peney Scholarship Foundation can send checks or money orders to: P.O. Box 9445, Coral Springs, FL 33075,
