Fourth
Judicial Circuit, Clay County Case # 94-537
Sentencing Judge: The Honorable
Robert Foster
Attorney, Trial: Alan
Chipperfield – Public Defender
Attorney, Direct Appeal: Teresa
Sopp – Private
Attorney, Collateral Appeals:
Jefferson Morrow – Registry
Date of Offense:
05/01/94
Date of Sentence:
06/02/95
Circumstances of Offense:
Floyd Damren entered the grounds
of R.G.C. Mineral Sands and stole equipment, telling a friend that
“There [is] … some more good stuff down there I’d like to get.”
Several weeks later, on
05/01/94, after drinking beer with friends, Damren returned with an
accomplice, Jeff Chittam, to steal more equipment. The two burglarized
the electrical shop in the maintenance barn.
Chittam was discovered by
an employee, Don Miller, but Damren sneaked up behind Miller and struck
him with a steel pipe. Miller and Chittam both pleaded for Damren to
spare Miller’s life, but after pacing the floor, Damren bludgeoned
Miller to death with the steel pipe, striking him seven times on the
head and four times on the body.
As Damren was dragging Miller’s
body across the floor, Michael Knight, the shift supervisor, entered the
building and yelled at Damren. Knight was acquainted with Damren due to
the fact that he had lived in Knight’s neighborhood since childhood.
Damren threatened Knight with the pipe, and Knight ran yelling from the
building.
Knight identified Damren to the
police and Damren was arrested. Further evidence linking Damren to the
crime included testimony from several witnesses that Damren made
incriminating statements to them about the murder. Also, blood stains
on Damren’s pants matched Miller’s blood.
At
the time of the murder, Damren had an extensive criminal record.
Codefendant Information:
Chittam was not charged and did not testify at trial. He was the victim
of a separate homicide, for which Damren was also charged, convicted,
and sentenced to a term of life imprisonment (Case# 95-1305).
Trial Summary:
05/10/94 Indicted on the following charges:
Count I First-Degree Murder
Count
II Armed Burglary
Count
III Aggravated Assault
05/17/95 Jury returned guilty verdicts on all counts of the indictment
05/18/95 Jury recommended a death sentence by a vote of 12-0
05/25/95 Sentenced as follows:
Count
I First-Degree Murder – Death
Count
II Armed Burglary – Life imprisonment
Count
III Aggravated Assault – 10 years
Case Information:
Damren filed a Direct Appeal with the Florida Supreme Court on 05/17/96,
citing the following trial court errors: admission of similar-fact
evidence; failure to give adequate jury instruction; overruling Damren’s
objection to prosecutor comments; admission of victim impact evidence;
admission of Chittam’s hearsay statements; finding that the murder was
heinous, atrocious, or cruel and cold, calculated, and premeditated;
failure to find certain mitigation; and imposing a sentence that is
disproportionate compared to other crimes. The FSC affirmed Damren’s
convictions and sentences on 05/08/97.
Damren filed a Petition for Writ of Certiorari with the U.S. Supreme
Court on 10/06/97 that was denied on 01/12/98.
Damren filed a 3.851 Motion with the Circuit Court on 11/18/98 that was
denied on 06/20/01.
Damren filed a 3.851 Motion Appeal with the Florida Supreme Court on
07/05/01, citing ineffective assistance of counsel. The FSC affirmed
the denial of the 3.851 Motion on 01/23/03.
Damren filed a Petition Writ of Habeas Corpus with the Florida Supreme
Court on 12/19/01, citing issues of ineffective assistance of counsel;
improper admission of hearsay statements; and vagueness of the heinous,
atrocious, or cruel aggravating circumstance. The FSC denied the Habeas
Petition on 01/23/03.
Damren filed a Petition for Writ of Habeas Corpus with
the U.S. District Court, Middle District, on 04/20/04 that is pending
before the court.
floridacapitalcases.state.fl.us
