DC #100018
DOB: 02/01/64
Eleventh Judicial Circuit, Dade
County, Case #84-19874
Sentencing & Resentencing Judge:
The Honorable Thomas M. Carney
Trial Attorney: Arthur W. Carter
– Private
Attorney, Direct Appeal:
Geoffrey C. Fleck – Special Assistant Public Defender
Attorney, Direct Appeal (RS):
Geoffrey C. Fleck – Special Assistant Public Defender
Attorneys, Collateral Appeals:
Rachel Day – CCRC-S
Date of Offense: 08/15/84
Date of Sentence: 10/25/85
Date of Resentencing:
02/05/90
Circumstances of Offense:
David Cook was convicted and
sentenced to death for the murder of Onelia Betancourt on 08/15/84.
Onelia Betancourt and her
husband Rolando were found dead at a Miami Burger King where they were
employed as the late-night cleaning crew.
David Cook was brought in for
questioning, following an anonymous tip, and confessed to killing the
couple.
Cook stated that he, Derek Harrison, and Melvin Nairn went to
the Burger King to commit a robbery on 08/15/84. When Rolando
Betancourt exited the back of the restaurant to empty the garbage, Cook
grabbed Harrison’s gun and followed Rolando back inside.
The door
slammed behind them, preventing Harrison and Nairn from entering. Cook
demanded Rolando get him the money from the safe, but Rolando answered
that he did not speak English.
When Cook insisted that Rolando get the
money from the safe, Rolando hit him in the arm with a metal rod, and
then Cook shot him once in the chest.
When Cook was exiting the
restaurant, Onelia Betancourt grabbed him around the legs and began
screaming. Cook shot her and fled with Harrison and Nairn.
Codefendant Information:
Derek Harrison was sentenced to
23 years imprisonment for his role in the murders and robbery
Melvin Nairn received a 24-year
sentence for his part in the murders and robbery.
Trial Summary:
08/25/84 - Defendant
arrested.
09/13/84 - Defendant
indicted as follows:
Count I: First-Degree
Murder (Rolando Betancourt)
Count II: First-Degree
Murder (Onelia Betancourt)
Count III: Armed Burglary
Count IV: Attempted Armed
Robbery
Count V: Attempted Armed
Robbery
Count VI: Unlawful Possession
of a Firearm
08/09/85 - The jury found
the defendant guilty on all counts.
08/13/85
- Upon
advisory sentencing, the jury, by a 7 to 5 majority, voted for the death
penalty for the murder of Rolando Betancourt. The jury, by an 8 to 4
majority, voted for death for the murder of Onelia Betancourt.
10/25/85 - Defendant sentenced as follows:
Count I: First-Degree
Murder (Rolando Betancourt) – Life
Count II: First-Degree
Murder (Onelia Betancourt) – Death
Count III: Armed Burglary –
Life
Count IV: Attempted Armed
Robbery – 15 years
Count V: Attempted Armed
Robbery – 15 years
Count VI: Unlawful Possession of a Firearm –
Suspended Sentence
04/06/89 - Upon Direct Appeal, the Florida
Supreme Court affirmed the murder convictions and sentence of life
imposed for the murder of Rolando Betancourt. They reversed and
remanded Cook’s death sentence for the murder of Onelia Betancourt, and
ordered a resentencing without the consideration of two aggravating
factors that were previously applied.
02/05/90 - Defendant resentenced as follows:
Count II:
First-Degree Murder (Onelia Betancourt) – Death
Case Information:
On 12/16/85, Cook filed a Direct
Appeal in the Florida Supreme Court. He argued that the trial court
erred in refusing to excuse two potential jurors for cause because they
had difficulty understanding English, in the application of aggravating
and mitigating evidence, and in the jury instruction during the penalty
phase.
The Florida Supreme Court affirmed the convictions and sentence
of life imprisonment for the murder of Rolando Betancourt on 04/06/89.
They reversed and remanded Cook’s death sentence for the murder of Onelia Betancourt and ordered him to be resentenced without two
previously applied aggravating factors.
Cook was resentenced to death by
the trial judge on 02/05/90. He filed a Direct Appeal of that decision
in the Florida Supreme Court on 03/14/90.
In that appeal, he argued
that his sentence was disproportional to those of his co-defendants and
that the trial judge failed to adequately consider the mitigating
evidence in his sentencing order. The Florida Supreme Court affirmed
the sentence on 05/30/91.
Cook next filed a Petition for
Writ of Certiorari in the United States Supreme Court, which was denied
on 10/07/91.
Next, Cook filed a Motion to
Vacate Judgment and Sentence (3.850) in the State Circuit Court that was
denied on 12/04/96.
Cook filed an appeal in the
Florida Supreme Court on 10/15/98. On 06/28/01, the Supreme Court
reversed the denial by the Circuit Court and remanded the case for an
evidentiary hearing to examine Cook’s claim of ineffective counsel
during the penalty phase.
An evidentiary hearing was held
in the State Circuit Court on 12/15/03, and the motion was denied on
09/23/04.
Cook filed a 3.850 Motion Appeal
with the Florida Supreme Court on 10/26/04 that is pending.
Cook filed a Petition for Writ
of Habeas Corpus with the Florida Supreme Court on 07/26/05 that is
pending.
Floridacapitalcases.state.fl.us
