Tavares Calloway – Black, age 20
Sentenced in Miami-Dade County, Florida
By: a judge upon jury recommendation (7-5)
Date of crime: January 21, 1997
Prosecution’s case/defense response: Calloway executed five men during a drug heist and was charged with 5 counts of 1st-degree murder, 1 count of robbery with a firearm, kidnapping and burglary of an occupied dwelling. The drug dealers killed were Adolphus Melvin (age 27), Gary St. Charles (age 22), Trenton Thomas (age 26), Frederick McGuire (age 31) and Derwin Bernard Copeland (age 28). Antonio Clark was charged as an accomplice after his thumbprint was found at the scene. He testified against Calloway, which led to his conviction.
Sources: Miami Herald (FL) 7/22/09 (2009 WLNR 13968534), Miami Herald (FL) 7/30/09 (2009 WLNR 14705961), Miami Herald (FL) 1/27/10 (2010 WLNR 1687356), Miami Herald (FL) 2/5/10 (2010 WLNR 2441208), Miami Herald (FL) 10/1/10 AP Alert – FL 20:28:25.
By: a judge upon jury recommendation (7-5)
Date of crime: January 21, 1997
Prosecution’s case/defense response: Calloway executed five men during a drug heist and was charged with 5 counts of 1st-degree murder, 1 count of robbery with a firearm, kidnapping and burglary of an occupied dwelling. The drug dealers killed were Adolphus Melvin (age 27), Gary St. Charles (age 22), Trenton Thomas (age 26), Frederick McGuire (age 31) and Derwin Bernard Copeland (age 28). Antonio Clark was charged as an accomplice after his thumbprint was found at the scene. He testified against Calloway, which led to his conviction.
Sources: Miami Herald (FL) 7/22/09 (2009 WLNR 13968534), Miami Herald (FL) 7/30/09 (2009 WLNR 14705961), Miami Herald (FL) 1/27/10 (2010 WLNR 1687356), Miami Herald (FL) 2/5/10 (2010 WLNR 2441208), Miami Herald (FL) 10/1/10 AP Alert – FL 20:28:25.
Ralston Davis – Black, age 20
Sentenced in Broward County, Florida
By: a judge upon jury recommendation
Date of crime: December 2005
Prosecution’s case/defense response: Davis was found guilty of three counts of first-degree murder after the home invasion of Myosha Proby (age 28). The motive for the killing was Davis’ belief that Proby had set him up. Davis ordered Proby onto her knees before firing 26 times. Davis also shot and killed two strangers after leaving Proby’s home. The defense pled not guilty by reason of insanity, claiming Davis had been under the influence of crack cocaine.
Sources: South Florida Sun Sentinel 1/8/10 AP Alert – FL 08:00:59.
By: a judge upon jury recommendation
Date of crime: December 2005
Prosecution’s case/defense response: Davis was found guilty of three counts of first-degree murder after the home invasion of Myosha Proby (age 28). The motive for the killing was Davis’ belief that Proby had set him up. Davis ordered Proby onto her knees before firing 26 times. Davis also shot and killed two strangers after leaving Proby’s home. The defense pled not guilty by reason of insanity, claiming Davis had been under the influence of crack cocaine.
Sources: South Florida Sun Sentinel 1/8/10 AP Alert – FL 08:00:59.
Randall Deviney – White, age 18
Sentenced in Duval County, Florida
By: a judge upon a jury recommendation
Date of crime: August 5, 2008
Prosecution’s case/defense response: Deviney was found guilty of the first-degree, stabbing murder of his neighbor, Dolores Futrell (age 65). Futrell often paid Deviney to do odd jobs and invited him and his siblings over to visit when they were younger. At the time of the killing, Deviney was aware Futrell’s live-in boyfriend was out of town. He claimed to be upset and lost control when she brought up questions about his childhood. An indiscernible call was made to 911 before Futrell was found dead in her living room, her throat slit and her clothing cut off. Defense attorneys argued that due to Deviney’s age, remorse and a deprived childhood (he was raised by parents convicted of murder, witnessed domestic violence and was abused himself), he should be spared from the death penalty. The judge stated she considered those factors but found the heinous nature of the crime and the victim’s vulnerability (Futrell had multiple sclerosis and walking/balancing problems) convincing enough to support the jury’s findings.
Sources: The Florida Times – Union 6/11/10 (http://jacksonville.com/news/crime/2010-06-11/story/judge-imposes-death-penalty-randall-deviney-killing-65-year-old-neighbor), 6/12/10 AP Alert – FL 10:30:41.
By: a judge upon a jury recommendation
Date of crime: August 5, 2008
Prosecution’s case/defense response: Deviney was found guilty of the first-degree, stabbing murder of his neighbor, Dolores Futrell (age 65). Futrell often paid Deviney to do odd jobs and invited him and his siblings over to visit when they were younger. At the time of the killing, Deviney was aware Futrell’s live-in boyfriend was out of town. He claimed to be upset and lost control when she brought up questions about his childhood. An indiscernible call was made to 911 before Futrell was found dead in her living room, her throat slit and her clothing cut off. Defense attorneys argued that due to Deviney’s age, remorse and a deprived childhood (he was raised by parents convicted of murder, witnessed domestic violence and was abused himself), he should be spared from the death penalty. The judge stated she considered those factors but found the heinous nature of the crime and the victim’s vulnerability (Futrell had multiple sclerosis and walking/balancing problems) convincing enough to support the jury’s findings.
Sources: The Florida Times – Union 6/11/10 (http://jacksonville.com/news/crime/2010-06-11/story/judge-imposes-death-penalty-randall-deviney-killing-65-year-old-neighbor), 6/12/10 AP Alert – FL 10:30:41.
Rasheem Dubose – Black, age 22
Sentenced in Duval County, Florida
By: July 26, 2006
Date of crime: a judge upon jury recommendation (8-4)
Prosecution’s case/defense response: In retaliation for being robbed and forced at gunpoint to drop his pants by Willie Davis, Dubose fired 20 shots at his home, killing his niece DreShawna Davis (age 8). Dubose’s brothers, Terrell Devon Dubose (age 20) and Tujuan Arkeem Dubose (age 18), were accomplices in the shooting and received life in prison. Prosecutors argued aggravating factors such as killing a child, posing a risk to 6 other people in the house and having a prior violent felony on his record made Dubose eligible for the death penalty. Defense attorneys maintained Dubose had a difficult upbringing and that a death sentence would be disproportionate to his brothers’ sentences. They also claimed Dubose should’ve been spared due to his low IQ of 82 and because he suffered a frontal lobe brain injury that could’ve been caused by abuse suffered as a child or head injuries from boxing/football and was aggravated by drug/alcohol abuse.
Sources: Florida Times Union (FL) 12/10/10 (2010 WLNR 24457146), 12/8/06 AP Alert – FL 22:41:06, Florida Times Union (FL) 3/12/10 (2010 WLNR 5321352), Florida Times Union (FL) 1/27/10 (2010 WLNR 1729961), Florida Times Union (FL) 3/10/10 (2010 WLNR 5002284), Florida Times Union (FL) 4/24/10 (2010 WLNR 8514301).
By: July 26, 2006
Date of crime: a judge upon jury recommendation (8-4)
Prosecution’s case/defense response: In retaliation for being robbed and forced at gunpoint to drop his pants by Willie Davis, Dubose fired 20 shots at his home, killing his niece DreShawna Davis (age 8). Dubose’s brothers, Terrell Devon Dubose (age 20) and Tujuan Arkeem Dubose (age 18), were accomplices in the shooting and received life in prison. Prosecutors argued aggravating factors such as killing a child, posing a risk to 6 other people in the house and having a prior violent felony on his record made Dubose eligible for the death penalty. Defense attorneys maintained Dubose had a difficult upbringing and that a death sentence would be disproportionate to his brothers’ sentences. They also claimed Dubose should’ve been spared due to his low IQ of 82 and because he suffered a frontal lobe brain injury that could’ve been caused by abuse suffered as a child or head injuries from boxing/football and was aggravated by drug/alcohol abuse.
Sources: Florida Times Union (FL) 12/10/10 (2010 WLNR 24457146), 12/8/06 AP Alert – FL 22:41:06, Florida Times Union (FL) 3/12/10 (2010 WLNR 5321352), Florida Times Union (FL) 1/27/10 (2010 WLNR 1729961), Florida Times Union (FL) 3/10/10 (2010 WLNR 5002284), Florida Times Union (FL) 4/24/10 (2010 WLNR 8514301).
Enoch Hall – Black, age 38
Sentenced in Volusia County, Florida
By: a judge upon a jury recommendation
Date of crime: June 25, 2008
Prosecution’s case/defense response: Hall was serving two life sentences for kidnapping at Tomoka Correctional Institute, where he killed correctional officer, Donna Fitzgerald (age 50). Hall hid in the facility and killed Fitzgerald when she came to find him, stabbing her over 20 times with a homemade knife.
Sources: Daytona News Journal 12/28/08 (2008 WLNR 24935858), Orlando Sentinel 4/17/09 (2009 WLNR 7209433), Daytona News Journal 10/28/09 (2009 WLNR 21917114), Channel 9 News WFTV-FL 10/29/09 (2009 WLNR 21642574), Orlando Sentinel 1/16/10 (2010 WLNR 1025771).
By: a judge upon a jury recommendation
Date of crime: June 25, 2008
Prosecution’s case/defense response: Hall was serving two life sentences for kidnapping at Tomoka Correctional Institute, where he killed correctional officer, Donna Fitzgerald (age 50). Hall hid in the facility and killed Fitzgerald when she came to find him, stabbing her over 20 times with a homemade knife.
Sources: Daytona News Journal 12/28/08 (2008 WLNR 24935858), Orlando Sentinel 4/17/09 (2009 WLNR 7209433), Daytona News Journal 10/28/09 (2009 WLNR 21917114), Channel 9 News WFTV-FL 10/29/09 (2009 WLNR 21642574), Orlando Sentinel 1/16/10 (2010 WLNR 1025771).
John Hampton – Black, age 33
Sentenced in Pinellas County, Florida
By: a judge upon jury recommendation
Date of crime: June 10, 2007
Prosecution’s case/defense response: Hampton was found guilty of the first-degree murder of Lashonda McKinnes (age 25). McKinnes had been beaten, raped and repeatedly stabbed. Shortly after the police discovered her body, they also found a pair of bloody socks in a trashcan at McKinnes apartment complex. The socks were used to identify Hampton who was found nearby with bloodstains on his shorts and shoes and was not wearing any socks. Prosecutors relied on the brutality of the murder and Hamptons attempt to cover it up by pouring lighter fluid and cleaning chemicals on McKinne’s body in an effort to wipe away his DNA. The defense claimed the two had consensual sex after a night of drinking and in the morning Hampton was awoken by a male friend telling him it was time to go. Upon leaving the apartment, Hampton saw the body and tried to revive her, causing him to panic and attempt to clean the apartment before fleeing the scene. However, one of McKinnes nieces, De’jhana McKinnes (age 7), was hiding in the closet and witnessed parts of the attack. In addition, Hampton was also wanted on a kidnapping charge in Georgia at the time of the attack. Consequently, De’jhana’s testimony (did not take the stand but made statements to detectives) coupled with Hamptons prior 11-year prison sentence for child molestation and the warrant for his arrest in Georgia was enough for a jury to recommend the death penalty.
Sources: St. Petersburg Times 6/23/09 (http://www.tampabay.com/news/courts/criminal/article1012361.ece), The Tifton Gazette 7/1/09 (http://tiftongazette.com/local/x1048551341/Ashburn-man-convicted-of-Fla-murder-rape).
By: a judge upon jury recommendation
Date of crime: June 10, 2007
Prosecution’s case/defense response: Hampton was found guilty of the first-degree murder of Lashonda McKinnes (age 25). McKinnes had been beaten, raped and repeatedly stabbed. Shortly after the police discovered her body, they also found a pair of bloody socks in a trashcan at McKinnes apartment complex. The socks were used to identify Hampton who was found nearby with bloodstains on his shorts and shoes and was not wearing any socks. Prosecutors relied on the brutality of the murder and Hamptons attempt to cover it up by pouring lighter fluid and cleaning chemicals on McKinne’s body in an effort to wipe away his DNA. The defense claimed the two had consensual sex after a night of drinking and in the morning Hampton was awoken by a male friend telling him it was time to go. Upon leaving the apartment, Hampton saw the body and tried to revive her, causing him to panic and attempt to clean the apartment before fleeing the scene. However, one of McKinnes nieces, De’jhana McKinnes (age 7), was hiding in the closet and witnessed parts of the attack. In addition, Hampton was also wanted on a kidnapping charge in Georgia at the time of the attack. Consequently, De’jhana’s testimony (did not take the stand but made statements to detectives) coupled with Hamptons prior 11-year prison sentence for child molestation and the warrant for his arrest in Georgia was enough for a jury to recommend the death penalty.
Sources: St. Petersburg Times 6/23/09 (http://www.tampabay.com/news/courts/criminal/article1012361.ece), The Tifton Gazette 7/1/09 (http://tiftongazette.com/local/x1048551341/Ashburn-man-convicted-of-Fla-murder-rape).
Michael R. Jackson – Black, age 36
Sentenced in Clay County, Florida
By: a judge upon jury recommendation (9-3)
Date of crime: January 23, 2007
Prosecution’s case/defense response: A self-described sexual monster, Jackson was convicted of the rape and murder of Andrea Boyer (age 25), a local veterinarian, as she arrived at work. Jackson was a registered sex offender at the time, due to his role in the rape of a 14-year-old girl at knifepoint eleven years earlier. He had served 20 years of a 30-year sentence. The prosecution presented DNA evidence that revealed Jackson raped Boyer before stabbing, beating and strangling her. Jackson claimed to have had consensual sex with Boyer and denies any involvement with her murder. Defense attorneys described Jackson as a model prisoner and claimed the evidence to have been inconclusive as to whether Boyer was conscious during the attack. Likewise, the pointed out that Jackson was only 16 when he committed the first rape and was himself a victim of sexual abuse by a state counselor who was hired to help him.
Sources: 1/24/07 AP Alert – FL 11:51:04, The Florida Times Union (FL) 2/22/10 (2010 WLNR 3730405), The Florida Times Union (FL) 4/30/10 (2010 WLNR 9015397) First Coast News (FL) 4/30/10 (http://www.firstcoastnews.com/news/local/story.aspx?storyid=153048).
By: a judge upon jury recommendation (9-3)
Date of crime: January 23, 2007
Prosecution’s case/defense response: A self-described sexual monster, Jackson was convicted of the rape and murder of Andrea Boyer (age 25), a local veterinarian, as she arrived at work. Jackson was a registered sex offender at the time, due to his role in the rape of a 14-year-old girl at knifepoint eleven years earlier. He had served 20 years of a 30-year sentence. The prosecution presented DNA evidence that revealed Jackson raped Boyer before stabbing, beating and strangling her. Jackson claimed to have had consensual sex with Boyer and denies any involvement with her murder. Defense attorneys described Jackson as a model prisoner and claimed the evidence to have been inconclusive as to whether Boyer was conscious during the attack. Likewise, the pointed out that Jackson was only 16 when he committed the first rape and was himself a victim of sexual abuse by a state counselor who was hired to help him.
Sources: 1/24/07 AP Alert – FL 11:51:04, The Florida Times Union (FL) 2/22/10 (2010 WLNR 3730405), The Florida Times Union (FL) 4/30/10 (2010 WLNR 9015397) First Coast News (FL) 4/30/10 (http://www.firstcoastnews.com/news/local/story.aspx?storyid=153048).
Leo L. Kaczmar, III – White, age 24
Sentenced in Clay County, Florida
By: a judge upon jury recommendation (11-1)
Date of crime: December 13, 20008
Prosecution’s case/defense response: Kaczmar killed his father’s girlfriend, Maria E. Ruiz (age 49). Kaczmar was a sex-offender with a prior history of attempted burglary, felony theft and dealing in stolen property. Kaczmar was determined to have been under the influence of crack when he stabbed Ruiz 50+ times. Despite setting the house on fire to try to cover up the crime, Ruiz’s blood was found on Kaczmar’s socks, which led to his conviction. He was ultimately charged with 1st-degree murder, arson and attempted sexual battery.
Sources: Florida Times Union (FL) 4/28/10 (2010 WLNR 8779869), Florida Times Union (FL) 8/11/10 (2010 WLNR 15989270), Florida Times Union (FL) 8/13/10 (2010 WLNR 16136992), Florida Times Union (FL) 8/13/10 AP Alert – FL 23:59:20, Florida Times Union (FL) 8/14/10 (2010 WLNR 16208719).
By: a judge upon jury recommendation (11-1)
Date of crime: December 13, 20008
Prosecution’s case/defense response: Kaczmar killed his father’s girlfriend, Maria E. Ruiz (age 49). Kaczmar was a sex-offender with a prior history of attempted burglary, felony theft and dealing in stolen property. Kaczmar was determined to have been under the influence of crack when he stabbed Ruiz 50+ times. Despite setting the house on fire to try to cover up the crime, Ruiz’s blood was found on Kaczmar’s socks, which led to his conviction. He was ultimately charged with 1st-degree murder, arson and attempted sexual battery.
Sources: Florida Times Union (FL) 4/28/10 (2010 WLNR 8779869), Florida Times Union (FL) 8/11/10 (2010 WLNR 15989270), Florida Times Union (FL) 8/13/10 (2010 WLNR 16136992), Florida Times Union (FL) 8/13/10 AP Alert – FL 23:59:20, Florida Times Union (FL) 8/14/10 (2010 WLNR 16208719).
David Martin – White, age 22
Sentenced in Clay County, Florida
By: a judge upon jury recommendation (9-3)
Date of crime: March 11, 2008
Prosecution’s case/defense response: Martin was found guilty of the first-degree murder of Jacey McWilliams, whose body was found in a wooded area. Martin’s cell phone was also found near the body. It was determined that Martin beat McWilliams to death with a hammer so he could steal her car to visit his girlfriend who lived outside the area. Likewise, it was discovered that Martin and McWilliams knew each other, and that on the day of the murder Martin had told McWilliams he was going to take her to a special place. Martin’s family spoke to the jury about his difficult upbringing and his compassion for his family.
Sources: Channel 4 News WJXT Jacksonville 12/2/09 (http://www.news4jax.com/news/21788915/detail.html), Intimate Violence Deaths in the News 12/5/09 (http://intimateviolencedeathnews.blogspot.com/2009/12/clay-county-fl-clay-jury-says-death-to.html), Channel 4 News WJXT Jacksonville 3/4/10 (http://www.news4jax.com/news/22741470/detail.html), Crime and Capital Punishment 10/22/10 (http://www.cncpunishment.com/forums/archive/index.php/t-3242.html).
By: a judge upon jury recommendation (9-3)
Date of crime: March 11, 2008
Prosecution’s case/defense response: Martin was found guilty of the first-degree murder of Jacey McWilliams, whose body was found in a wooded area. Martin’s cell phone was also found near the body. It was determined that Martin beat McWilliams to death with a hammer so he could steal her car to visit his girlfriend who lived outside the area. Likewise, it was discovered that Martin and McWilliams knew each other, and that on the day of the murder Martin had told McWilliams he was going to take her to a special place. Martin’s family spoke to the jury about his difficult upbringing and his compassion for his family.
Sources: Channel 4 News WJXT Jacksonville 12/2/09 (http://www.news4jax.com/news/21788915/detail.html), Intimate Violence Deaths in the News 12/5/09 (http://intimateviolencedeathnews.blogspot.com/2009/12/clay-county-fl-clay-jury-says-death-to.html), Channel 4 News WJXT Jacksonville 3/4/10 (http://www.news4jax.com/news/22741470/detail.html), Crime and Capital Punishment 10/22/10 (http://www.cncpunishment.com/forums/archive/index.php/t-3242.html).
Douglas Matthews – Black, age 26
Sentenced in Volusia County, Florida
By: a judge upon jury recommendation (10-2)
Date of crime: February 20, 2008
Prosecution’s case/defense response: Matthews received the death penalty for using a knife to hack Kirk Zoeller (age 50) to death in a crack house. Prosecutors cited multiple aggravating factors, such as: testimony by Justin Wagner (age 20) who was buying drugs at the time, that Zoeller screamed for help when Matthews chased him down from behind; Zoeller was stabbed 24 times and Matthews’ two prior robbery convictions. Also murdered was Donna Trujillo (age 51), whose body was found with Zoellers, each stabbed multiple times in the head, neck and chest. However, prosecutors were unable to seek a death sentence for Trujillo’s murder after jurors found Matthews guilty of manslaughter rather than first-degree murder. This difference in verdicts resulted from Wagner only witnessing Zoeller being attacked. Authorities said the motive for the murder was robbery due to Zoeller’s wallet being found in Matthews’ blood-soaked clothing. The defense maintained Zoeller killed Trujillo and that Matthews killed Zoeller in self-defense when he came at him with a knife.
Sources: The Daytona News-Journal (FL) 5/18/10 (2010 WLNR 10810839), The Daytona News-Journal (FL) 5/20/10 (2010 WLNR 10810875), The Daytona News-Journal (FL) 5/24/10 (2010 WLNR 10997785), The Daytona News-Journal (FL) 5/25/10 (2010 WLNR 10997794), The Daytona News-Journal (FL) 8/13/10 (2010 WLNR 16199346).
By: a judge upon jury recommendation (10-2)
Date of crime: February 20, 2008
Prosecution’s case/defense response: Matthews received the death penalty for using a knife to hack Kirk Zoeller (age 50) to death in a crack house. Prosecutors cited multiple aggravating factors, such as: testimony by Justin Wagner (age 20) who was buying drugs at the time, that Zoeller screamed for help when Matthews chased him down from behind; Zoeller was stabbed 24 times and Matthews’ two prior robbery convictions. Also murdered was Donna Trujillo (age 51), whose body was found with Zoellers, each stabbed multiple times in the head, neck and chest. However, prosecutors were unable to seek a death sentence for Trujillo’s murder after jurors found Matthews guilty of manslaughter rather than first-degree murder. This difference in verdicts resulted from Wagner only witnessing Zoeller being attacked. Authorities said the motive for the murder was robbery due to Zoeller’s wallet being found in Matthews’ blood-soaked clothing. The defense maintained Zoeller killed Trujillo and that Matthews killed Zoeller in self-defense when he came at him with a knife.
Sources: The Daytona News-Journal (FL) 5/18/10 (2010 WLNR 10810839), The Daytona News-Journal (FL) 5/20/10 (2010 WLNR 10810875), The Daytona News-Journal (FL) 5/24/10 (2010 WLNR 10997785), The Daytona News-Journal (FL) 5/25/10 (2010 WLNR 10997794), The Daytona News-Journal (FL) 8/13/10 (2010 WLNR 16199346).
Justin McMillian – Black, age 25
Sentenced in Duval County, Florida
By: a judge upon jury recommendation (10-2)
Date of crime: January 11, 2009
Prosecution’s case/defense response: McMillian’s girlfriend, Danielle Stubbs (age 26), told him she had an abortion, which caused him to fire two gunshots in the room where she was. Days later when McMillian was stopped on a traffic charge he shot at the police while trying to escape but was shot himself and captured.
Sources: Florida Times Union (FL) 6/10/09 (2009 WLNR 11116538), Florida Times Union (FL) 6/19/10 AP Alert – FL 07:01:49, Florida Times Union (FL) 10/1/10 AP Alert – FL 14:43:48, Florida Times Union (FL) 10/4/10 (2010 WLNR 19694769).
By: a judge upon jury recommendation (10-2)
Date of crime: January 11, 2009
Prosecution’s case/defense response: McMillian’s girlfriend, Danielle Stubbs (age 26), told him she had an abortion, which caused him to fire two gunshots in the room where she was. Days later when McMillian was stopped on a traffic charge he shot at the police while trying to escape but was shot himself and captured.
Sources: Florida Times Union (FL) 6/10/09 (2009 WLNR 11116538), Florida Times Union (FL) 6/19/10 AP Alert – FL 07:01:49, Florida Times Union (FL) 10/1/10 AP Alert – FL 14:43:48, Florida Times Union (FL) 10/4/10 (2010 WLNR 19694769).
Miguel Oyola – Latino, age 37
Sentenced in Jefferson County, Florida
By: a judge upon jury recommendation (9-3)
Date of crime: December 3, 2007
Prosecution’s case/defense response: Oyola used Michael Lee Gerrad’s (age 35) business credit card to make multiple purchases of gift cards roughly totaling $4,000. Gerrad was his boss in the landscaping business. When the credit card company notified Gerrad he confronted Oyola who attacked him with a shovel and stabbed him multiple times. Oyola was charged with 1st-degree murder, false imprisonment, armed robbery with a deadly weapon and grand theft of an automobile. Defense attorneys argued the time line of the homicide was speculative and couldn’t be proven beyond a reasonable doubt. They also argued the crime was committed in the “heat of passion.”
Sources: Tallahassee Democrat (FL) 10/4/08 (2008 WLNR 26623397), Tallahassee Democrat (FL) 8/27/10 (2010 WLNR 17168930), Tallahassee Democrat (FL) 8/30/10 (2010 WLNR 17242706), Tallahassee Democrat (FL) 8/31/10 (2010 WLNR 17316240), Tallahassee Democrat (FL) 10/26/10 (2010 WLNR 21396056), Tallahassee Democrat (FL) 4/23/11 (2011 WLNR 7942290).
By: a judge upon jury recommendation (9-3)
Date of crime: December 3, 2007
Prosecution’s case/defense response: Oyola used Michael Lee Gerrad’s (age 35) business credit card to make multiple purchases of gift cards roughly totaling $4,000. Gerrad was his boss in the landscaping business. When the credit card company notified Gerrad he confronted Oyola who attacked him with a shovel and stabbed him multiple times. Oyola was charged with 1st-degree murder, false imprisonment, armed robbery with a deadly weapon and grand theft of an automobile. Defense attorneys argued the time line of the homicide was speculative and couldn’t be proven beyond a reasonable doubt. They also argued the crime was committed in the “heat of passion.”
Sources: Tallahassee Democrat (FL) 10/4/08 (2008 WLNR 26623397), Tallahassee Democrat (FL) 8/27/10 (2010 WLNR 17168930), Tallahassee Democrat (FL) 8/30/10 (2010 WLNR 17242706), Tallahassee Democrat (FL) 8/31/10 (2010 WLNR 17316240), Tallahassee Democrat (FL) 10/26/10 (2010 WLNR 21396056), Tallahassee Democrat (FL) 4/23/11 (2011 WLNR 7942290).
Richard Robards – White, age 39
Sentenced in Pinellas County, Florida
By: a judge upon a jury recommendation (7-5)
Date of crime: August 1, 2006
Prosecution’s case/defense response: Robards, a former body builder, tried to steal $80,000 from a safe belonging to Frank (age 60) and Linda Deluca (age 59) but never got it open. Robards worked as the couple’s personal trainer, which allowed him to befriend them. They were both stabbed multiple times and their home was set on fire in an attempt to cover up the crime. Robards fingerprint was found at the scene of the crime, in addition to the fire in the house going out shortly after it was lit. Prosecutors claimed aggravating factors such as the crime being especially brutal and having a motive of robbery made Robards eligible for the death sentence. His defense argued his family history when coupled with his history of traumatic injury and steroid use should’ve motivated jurors to spare his life.
Sources: St. Petersburg Times (FL) 5/26/10 (2010 WLNR 10837461), Tampa Tribute (FL) 5/26/10 (2010 WLNR 13003444), St. Petersburg Times (FL) 5/26/10 AP Alert – FL 10:08:46, St. Petersburg Times (FL) 10/30/10 (2010 WLNR 21905361).
By: a judge upon a jury recommendation (7-5)
Date of crime: August 1, 2006
Prosecution’s case/defense response: Robards, a former body builder, tried to steal $80,000 from a safe belonging to Frank (age 60) and Linda Deluca (age 59) but never got it open. Robards worked as the couple’s personal trainer, which allowed him to befriend them. They were both stabbed multiple times and their home was set on fire in an attempt to cover up the crime. Robards fingerprint was found at the scene of the crime, in addition to the fire in the house going out shortly after it was lit. Prosecutors claimed aggravating factors such as the crime being especially brutal and having a motive of robbery made Robards eligible for the death sentence. His defense argued his family history when coupled with his history of traumatic injury and steroid use should’ve motivated jurors to spare his life.
Sources: St. Petersburg Times (FL) 5/26/10 (2010 WLNR 10837461), Tampa Tribute (FL) 5/26/10 (2010 WLNR 13003444), St. Petersburg Times (FL) 5/26/10 AP Alert – FL 10:08:46, St. Petersburg Times (FL) 10/30/10 (2010 WLNR 21905361).