For the second time in six years, Rebecca Lee Falcon’s request for a sentence modification in the murder of cab driver Richard Phillips in 1997 has been denied, State Attorney Larry Basford announced.

Circuit Court Judge Brantley Clark Tuesday rejected Falcon’s request from her February sentencing review writing, “Based on review of the entirety of the record in the present case, this Court believes the sentence of Life imprisonment imposed at Defendant’s July 2020 resentencing remains the most appropriate sentence.”

“We hope that this order allows Mr. Phillips’ family to finally get the closure they deserve,” said Prosecutor Peter Overstreet.

Falcon was 15 when she shot Phillips in the back of the head on Nov. 19, 1997. The evidence showed she obtained a pistol from a co-defendant, test-fired it multiple times, and said she wanted to shoot someone in the back of the head.

Falcon and her co-defendant flagged down a cab driven by Phillips, with Falcon sitting in back. A short time later she shot the victim in the back of the head and fled. After the shooting she at first denied it, then laughed about it.

She was found guilty of First-Degree Murder in 1999 and sentenced to life in prison. Years later, the U.S. Supreme Court held that juveniles who are sentenced to life are entitled to present mitigating factors. At that 2020 resentencing Falcon again received life.

The law also entitles juveniles sentenced to life to seek a sentence review hearing after they have served 25 years, and that hearing for Falcon was held in February. Clark released his ruling Tuesday.

In such hearings the Court weighs, among other things, whether the offender demonstrates maturity and rehabilitation, remains at the same level of risk as at the original sentencing, and whether the defendant has shown sustained and sincere remorse.

At the two-day hearing, Overstreet cross-examined witnesses and argued that Falcon, now 44, did not meet the requirements set by law for a reduced sentence.

Overstreet argued, essentially, that the level of any remorse, maturity, education achievements, taking responsibility for her actions, or good behavior by Falcon was equal to the level she thought she had to “show” to get out of prison and was not genuine.

“Over the years she has sought to excuse her behavior, blaming the cab driver and others for her plight,” Overstreet said, noting that her participation in certain courses or actions often reflected whatever change had occurred in the law or in court, not at her own behest.

“While the Defendant has apologized to the victim’s family for killing him, she has not fully acknowledged why or how she committed this horrific murder,” Overstreet said. “Since her arrest nearly 30 years ago, the defendant has given various reasons and renditions on why and how she shot Mr. Phillips.

“The central question to be answered is: How do you rehabilitate a person who chooses to kill another?”

Judge Clark made similar findings in his order, writing that Falcon “continues to minimize her actions and refuses every opportunity ‘to state exactly what she had done.’ ”

“This Court cannot find that Defendant has shown sincere and sustained remorse for shooting and killing the victim,” he wrote. “Defendant initially denied her role in the crime. The day after the shooting, Defendant did not express any remorse and laughed about the murder. Instead, the record makes it clear that Defendant has refused to state exactly what she did and accept full responsibility for her action.”

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He acknowledged Falcon is more mature now, as people naturally mature. But participating in programs does not equate to rehabilitation, he wrote.

Clark also noted the bulk of Falcon’s participation in programs occurred prior to specific hearing and resentencing dates and then tapered off.

“At best, Defendant has demonstrated that she understood her only opportunity for release required her to behave as a model inmate and to participate in programs while pursuing legal challenges to her life sentence and engaged in the behavior that would grant her favor with the Court,” Clark wrote. “As a result, the Court determines Defendant has not demonstrated rehabilitation.”

For more information, contact Mike Cazalas at mike.cazalas@sa14.fl.gov, or call 850-381-7454.