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Mark Allen GERALDS

 

 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: February 1, 1989
Date of birth: March 29, 1967
Victim profile: Tressa Pettibone (female)
Method of murder: Stabbing with knife
Location: Bay County, Florida, USA
Status: Sentenced to death on April 13, 1993
 
 
 
 
 

Florida Supreme Court

 

opinion 75938

opinion 81738

 
 
 
 
 
 

DC#  729185
DOB:  03/29/67

Fourteenth Judicial Circuit, Bay County Case # 89-0495
Sentencing Judge: The Honorable Don T. Sirmons
Attorney, Trial: Robert T. Adams, Jr. – Assistant Public Defender  
Attorney, Direct Appeal:  W.C. McLain – Assistant Public Defender  
Attorney, Collateral Appeals: Linda McDermott – Registry

Date of Offense: 02/01/89

Date of Sentence: 03/26/90

Date of Resentence: 04/13/93

Circumstances of Offense:

On 02/01/89, the eight-year-old son of Tressa and Kevin Pettibone found his mother beaten and stabbed to death on the kitchen floor. 

Tressa Pettibone had two stab wounds on the right side of her neck and one fatal stab wound on the left side.  These stab wounds were consistent with a knife found in the kitchen sink. 

The medical examiner also found a number of bruises and abrasions on the head, face, chest, and abdomen of the victim that were caused by some form of blunt trauma. 

According to the medical examiner, the victim’s wrists had been bound with a plastic tie for at least twenty minutes prior to her death.  A number of items were missing from the home, including the victim’s car.

Geralds was a carpenter who had helped remodel the Pettibone’s home prior to the murder. 

Circumstantial evidence connected Geralds to the crime:  Geralds knew that Kevin Pettibone was out of town at the time of the crime and Geralds separately asked Tressa Pettibone and the children when Mr. Pettibone would be returning; Geralds pawned jewelry from the Pettibone home that had traces of blood that were consistent with Tressa Pettibone’s blood type, but inconsistent with Geralds’ blood type; Geralds gave the victim’s sunglasses to a friend; Geralds’ shoes were consistent with the shoes used to make tracks on the floor of the Pettibone’s home; and plastic ties used to bind the victim matched ties found in Geralds’ car.

Prior Incarceration History in the State of Florida:

Geralds had an extensive criminal record at the time of the offense.  The following is Geralds’ current and prior prison history, covering periods of incarceration with the Florida Department of Corrections since January 1983. 
 

Current Prison Sentence History:

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

12/06/1985

ACCESSORY AFTER FACT

03/26/1990

BAY

8601402

4Y 6M 0D

12/13/1985

ACCESSORY AFTER FACT

03/26/1990

BAY

8601402

4Y 6M 0D

08/10/1987

ACCESSORY AFTER FACT

03/26/1990

BAY

8701471

4Y 6M 0D

08/10/1987

ACCESSORY AFTER FACT

03/26/1990

BAY

8701470

4Y 6M 0D

08/10/1987

ACCESSORY AFTER FACT

03/26/1990

BAY

8701469

4Y 6M 0D

02/01/1989

1ST DEG MUR,COM.OF FELONY

03/26/1990

BAY

8900495

DEATH SENTENCE

02/01/1989

ROBBERY W/FIREARM OR D/WEAPON

03/26/1990

BAY

8900495

SENTENCED TO LIFE

02/01/1989

BURGLARY ASSAULT ANY PERSON

03/26/1990

BAY

8900495

SENTENCED TO LIFE

02/01/1989

GRAND THEFT O/20,000 L/$100,00

03/26/1990

BAY

8900495

30Y 0M 0D

01/15/1990

ESCAPE

09/14/1990

BAY

9000105

30Y 0M 0D

 

Prior Prison History:

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

01/15/1986

BURG/DWELL/OCCUP.CONVEY

11/25/1987

BAY

8600289

2Y 0M 0D

01/15/1986

GRAND THEFT,$300 LESS &20,000

11/25/1987

BAY

8600289

2Y 0M 0D

01/15/1986

ACCESSORY AFTER FACT

12/11/1987

BAY

8601402

2Y 0M 0D

08/10/1987

ACCESSORY AFTER FACT

12/11/1987

BAY

8701469

2Y 0M 0D

08/10/1987

ACCESSORY AFTER FACT

12/11/1987

BAY

8701470

2Y 0M 0D

08/10/1987

ACCESSORY AFTER FACT

12/11/1987

BAY

8701471

2Y 0M 0D


Trial Summary:

03/15/89          Indicted as follows:

Count I - First-Degree Murder
Count II - Armed Robbery
Count III - Burglary
Count IV - Grand Theft Auto

04/06/89           Stood mute at plea.  Court entered a plea of not guilty.

02/07/90          Verdict of guilty returned by the jury, and jury recommended death sentence by a vote of 8-4.

03/26/90           Sentenced as follows:

Count I - First-Degree Murder – Death
Count II - Armed Robbery – Life Imprisonment
Count III - Burglary – Life Imprisonment
Count IV - Grand Theft Auto – 30 years

04/30/92           FSC vacated death sentence

03/26/93           Jury recommended death sentence by a 12-0 vote.

04/13/93           Resentenced to death.

Case Information:

Geralds filed a Direct Appeal with the Florida Supreme Court on 04/30/90, citing multiple issues at both the guilt phase and penalty phase of trial: improper denial of two defense challenges for cause, error in denying defendant’s motion for a change of venue, error in denying defense counsel access to field notes used to refresh a state witness’ memory, and improper references to the defendant’s prior criminal record. 

On 04/30/92, the FSC affirmed the conviction, but vacated Gerald’s death sentence.

On 03/26/93, a new jury recommended the death sentence by a vote of 12-0, and on 04/13/93, Geralds was resentenced to death.

Geralds filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/24/96 that was denied on 10/07/96.

Geralds filed a 3.850 Motion with the Circuit Court on 09/22/97 and amended the Motion on 08/31/01 and 01/28/02.  On 01/18/06, the Circuit Court denied the motion.

Geralds filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/24/06 that is pending.

Floridacapitalcases.state.fl.us

 

 

 
 
 
 
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