Timothy Lee Whistler avoided a possible death sentence for beating a psychic to death with a Champagne bottle in Cassadaga a quarter century ago.
Whistler pleaded guilty to a lesser charge of second-degree murder in Volusia County Circuit Court, served about 20 years in state prison and was released in 2016. He then moved to Missouri to live with his wife and began serving his 20 years of probation.
But in February, he was arrested in Missouri on a charge of driving while intoxicated, a violation of his probation.
The 49-year-old Whistler was extradited back to the Volusia County Branch Jail and that’s when COVID-19 became a death sentence he could not avoid.
Whistler was booked into the jail on March 12. He died on April 15 of complications of COVID-19 viral pneumonia, according to an autopsy which also listed congestive heart failure, lung disease and tobacco abuse as contributing factors.
Whistler was 24 when he killed James Buchanan in November 1995 in the Cassadaga psychic’s home.
In 1996, Whistler pleaded guilty to second-degree murder as part of a deal in which prosecutors dropped the first-degree murder charge and the possible death penalty to go with it. Whistler also pleaded guilty to armed robbery with a deadly weapon and burglary of a dwelling while armed or committing battery.
He was sentenced to 35 years in prison. That sentence was later reduced to 24 years because it was determined to be an illegal sentence, Lambert said. Whistler also received credit for time served awaiting trial.
Whistler had lived in the Ocala area until his wife kicked him out of the house. He wound up in Volusia County where he met Buchanan, who was gay.
Whistler claimed he killed Buchanan because he had made sexual advances toward him.
But investigators said Whistler killed Buchanan to rob him.
Whistler repeatedly smashed a champagne bottle over Buchanan’s head. He then dragged the psychic’s body into a closet.
Whistler took Buchanan’s cash, credit cards and jewelry, got in Buchanan’s white Cadillac and drove off.
The day after the killing, Whistler used Buchanan’s credit cards to pay for an excursion to Disney World
Another one of Whistler’s stops was the Shark Lounge, which has since been demolished. Whistler gave some of the stolen jewelry to dancers at the lounge.
By the time the law caught up to him days later, Whistler had driven in the Cadillac to Las Vegas. He was arrested and brought back to Volusia.
At a sentencing hearing in 1996, Whistler’s family told Judge R. Michael Hutcheson that as a child Whistler had endured beatings and repeated verbal abuse at the hands of his father.
Whistler was released from a Florida prison on May 27, 2016, and moved to Missouri. Several months later he was arrested on a charge of driving while intoxicated and he was sent back to Volusia. He was placed back on probation and returned to Missouri.
On Feb. 1, in Randolph County, Missouri, Whistler was arrested again; this time on a charge of driving while intoxicated which, if proven, would be a second violation of probation.
Whistler was again returned to Florida and incarcerated at the Volusia County Branch Jail. He contracted COVID-19 and was sent to Halifax Health Medical Center.
A health-care provider at the hospital contacted Whistler's wife, Deborah, to let her know that he was in "dire condition" and request her permission to place him on a ventilator, according to a court order.
When Whistler’s wife asked to speak to him, the request was denied by a corrections officer.
Davidson wrote that phone calls to inmates at the hospital are prohibited for safety and security reasons.
But Lambert said Whistler was in no condition to escape. Lambert said he kept working to be able to get the wife, who was undergoing treatment for cancer, to speak to her dying husband.
Lambert checked with Assistant State Attorney Spencer Hathaway, who did not object to Whistler speaking with his wife. Lambert then sought and received the court order from Circuit Judge Matt Foxman ordering corrections to allow Whistler’s wife or any other family member to speak to him.
Lambert said once correction's received the order from Foxman they were "great" about allowing the wife to talk to Whistler.
The wife declined comment to The News-Journal upon advice of her civil attorney, Lambert said.
Lambert picked up Whistler’s clothes, cellphone, wedding ring and Bible to return to his wife.
“That really drove home that a human being was brought here on a VOP (violation of probation) and at age 49 dies of a virus contracted from the jail,” Lambert wrote. “We just never know if today is our last.”
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Whistler pleaded guilty to a lesser charge of second-degree murder in Volusia County Circuit Court, served about 20 years in state prison and was released in 2016. He then moved to Missouri to live with his wife and began serving his 20 years of probation.
But in February, he was arrested in Missouri on a charge of driving while intoxicated, a violation of his probation.
The 49-year-old Whistler was extradited back to the Volusia County Branch Jail and that’s when COVID-19 became a death sentence he could not avoid.
Whistler was booked into the jail on March 12. He died on April 15 of complications of COVID-19 viral pneumonia, according to an autopsy which also listed congestive heart failure, lung disease and tobacco abuse as contributing factors.
Whistler was 24 when he killed James Buchanan in November 1995 in the Cassadaga psychic’s home.
In 1996, Whistler pleaded guilty to second-degree murder as part of a deal in which prosecutors dropped the first-degree murder charge and the possible death penalty to go with it. Whistler also pleaded guilty to armed robbery with a deadly weapon and burglary of a dwelling while armed or committing battery.
He was sentenced to 35 years in prison. That sentence was later reduced to 24 years because it was determined to be an illegal sentence, Lambert said. Whistler also received credit for time served awaiting trial.
Whistler had lived in the Ocala area until his wife kicked him out of the house. He wound up in Volusia County where he met Buchanan, who was gay.
Whistler claimed he killed Buchanan because he had made sexual advances toward him.
But investigators said Whistler killed Buchanan to rob him.
Whistler repeatedly smashed a champagne bottle over Buchanan’s head. He then dragged the psychic’s body into a closet.
Whistler took Buchanan’s cash, credit cards and jewelry, got in Buchanan’s white Cadillac and drove off.
The day after the killing, Whistler used Buchanan’s credit cards to pay for an excursion to Disney World
Another one of Whistler’s stops was the Shark Lounge, which has since been demolished. Whistler gave some of the stolen jewelry to dancers at the lounge.
By the time the law caught up to him days later, Whistler had driven in the Cadillac to Las Vegas. He was arrested and brought back to Volusia.
At a sentencing hearing in 1996, Whistler’s family told Judge R. Michael Hutcheson that as a child Whistler had endured beatings and repeated verbal abuse at the hands of his father.
Whistler was released from a Florida prison on May 27, 2016, and moved to Missouri. Several months later he was arrested on a charge of driving while intoxicated and he was sent back to Volusia. He was placed back on probation and returned to Missouri.
On Feb. 1, in Randolph County, Missouri, Whistler was arrested again; this time on a charge of driving while intoxicated which, if proven, would be a second violation of probation.
Whistler was again returned to Florida and incarcerated at the Volusia County Branch Jail. He contracted COVID-19 and was sent to Halifax Health Medical Center.
A health-care provider at the hospital contacted Whistler's wife, Deborah, to let her know that he was in "dire condition" and request her permission to place him on a ventilator, according to a court order.
When Whistler’s wife asked to speak to him, the request was denied by a corrections officer.
Davidson wrote that phone calls to inmates at the hospital are prohibited for safety and security reasons.
But Lambert said Whistler was in no condition to escape. Lambert said he kept working to be able to get the wife, who was undergoing treatment for cancer, to speak to her dying husband.
Lambert checked with Assistant State Attorney Spencer Hathaway, who did not object to Whistler speaking with his wife. Lambert then sought and received the court order from Circuit Judge Matt Foxman ordering corrections to allow Whistler’s wife or any other family member to speak to him.
Lambert said once correction's received the order from Foxman they were "great" about allowing the wife to talk to Whistler.
The wife declined comment to The News-Journal upon advice of her civil attorney, Lambert said.
Lambert picked up Whistler’s clothes, cellphone, wedding ring and Bible to return to his wife.
“That really drove home that a human being was brought here on a VOP (violation of probation) and at age 49 dies of a virus contracted from the jail,” Lambert wrote. “We just never know if today is our last.”
Daytona Beach News-Journal Online
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