A judge sentenced Marcelle Jerill Waldon to death on Monday, Jan. 5, for the November 2020 murders of former Lakeland City Commissioner Edith “Edie” Yates Henderson and her husband, real estate developer David Henderson.
The sentence comes nearly two years after a jury found him guilty of two counts of first-degree murder and voted 11-1 to recommend the death penalty in February 2024.
Circuit Judge J. Kevin Abdoney was required by law to give the jury’s recommendation “great weight” in reaching his decision. He also weighed six statutory aggravating factors and several mitigating circumstances, addressing each one during the sentencing hearing.
Abdoney emphasized that he did not consider victim-impact testimony. That was the jury’s responsibility during the penalty phase. The sentencing process was strictly about factors that might make the death penalty more or less appropriate.
As the judge walked through the case history and his findings, Waldon rocked gently in his chair, sometimes staring at the ceiling or down at his hands. He declined to speak when given the opportunity.
Judge cites ‘heinous, calculated’ nature of killings
Abdoney said prosecutors “proved beyond a reasonable doubt that both murders were especially heinous, atrocious or cruel.”
“Both Mr. and Mrs. Henderson were subject to intense fear, having been exposed by the initial shock of a stranger being present in their home,” Abdoney said. “Both of them were subsequently bound and rendered defenseless, and each were in fear not only for their own life, but for the life of their loved one. They experienced this terror for at least 12 minutes before the attack that took their lives ultimately began.”
The judge noted that while the state acknowledged Waldon did not go to the house intending to kill on the morning of Nov. 10, 2020, he made a deliberate decision to do so during the robbery — and had time to reconsider.
“The evidence is that at least 12 minutes elapsed while Mr. Walden could contemplate his actions. They were both bound during this time, and there was no need to kill the Hendersons, as he had ample opportunity to simply leave with the property he wished to take,” Abdoney said.
“But instead, he chose to kill the Hendersons. Where such an opportunity exists, but the murders are committed anyway, the law recognizes that a finding of heightened premeditation is justified.”
Additional aggravating factors included:
- Waldon had a prior conviction for a capital felony or another violent crime.
- The murders were committed for financial gain.
- The killings happened while Waldon was in the middle of another crime — specifically, a robbery and a burglary.
- The murders were carried out to avoid being caught or arrested.
Judge not swayed by mental-health testimony
Since the trial ended in February 2024, Abdoney heard additional testimony about possible mitigating factors from forensic neuropsychologist Hyman Hirsch Eisenstein, a frequent expert witness in murder cases.
Eisenstein said he had spent 18 hours interviewing Waldon and another 50 hours questioning his family members and reviewing Waldon’s legal, medical and school records.
Eisenstein testified that Waldon was under the influence of extreme mental or emotional disturbance at the time of the murders. After being found guilty, Waldon was diagnosed with schizophrenia — a condition that, Abdoney noted, went “largely untreated” except during periods of contact with the criminal justice system.
But the judge said there was no clear evidence showing whether Waldon was experiencing an actual psychotic break on the day of the murders.
“There are no eyewitness accounts, no account given during the investigation,” Abdoney said. “So to the extent Mr. Walden was under the influence of schizophrenia at the time, it is unknown.”
Eisenstein also testified that Waldon’s capacity to appreciate the criminality of his conduct, or to follow the law, was substantially impaired.
Abdoney disagreed, pointing to Waldon’s decisions during and after the attack: choosing a knife instead of a gun, trying to burn the house, and destroying or discarding evidence.
“These are all actions taken to avoid detection, indicating that the defendant was aware that what he was doing was wrong,” the judge said.
Other mitigating factors included childhood abuse, low-average to borderline IQ, history of psychiatric problems, and drug and alcohol abuse. The judge noted factors like Waldon’s apparent ability to maintain loving relationships with family members and being a “model prisoner” during incarceration.
Judge considered mercy; chose death penalty
“In his sentencing memorandum … the defendant points out that he is a human being,” Abdoney said. “The court views this … as a plea for mercy to the court. The court has considered mercy in this case for that reason and others not reasonably elucidated by the written word.”
But after weighing the evidence, “The court finds that the aggravating factors found to exist beyond a reasonable doubt, outweigh all mitigating circumstances,” Abdoney said.
He added that two factors — the prior violent felony and brutality of the stabbings — would have outweighed the rest on their own.
In addition to the death sentence, Waldon received four life sentences, two 15-year sentences, and two 5-year sentences for related crimes — including kidnapping, armed robbery and arson. All will be served at the same time.
The death sentence will be automatically appealed to the Florida Supreme Court.
Waldon will remain in the Polk County Jail as several charges are still pending, including possession of a firearm by a convicted felon tied to the murders and a separate case related to a burglary at the home of Julie Jenkins Fancelli on Nov. 8, 2020.
The judge and defense scheduled a status conference on Friday, January 9.
Anna Toms is a reporter for LkldNow, a nonprofit newsroom providing independent local news for Lakeland. Read at LkldNow.com.
