Date of Sentence: 06/20/86
Circumstances of Offense:
On 02/23/85, Harold Lee Harvey
and Harry Scott Stitler, armed with a pistol and an AR-15 assault rifle,
met and drove to the home of William and Ruby Boyd, intending to rob the
Boyds.
The Boyds gave money to Harvey and Stitler, but Harvey and
Stitler decided to kill the Boyds. When the Boyds heard of the plan,
they ran, but were shot with the AR-15 by Harvey.
Harvey and Stitler
left the scene, but Harvey later returned to retrieve the gun shells.
Upon his return, he heard Mrs. Boyd moaning in pain, whereupon he shot
her in the head at point blank range.
On 02/27/85, Harvey was stopped
for a driving infraction in Okeechobee County and placed under arrest
for the Boyd murders. After being read his Miranda warnings, Harvey was
questioned and gave a statement admitting his involvement in the
murders.
On 05/11/86, Harvey escaped from
Okeechobee County Jail, but was located the next day, sleeping in a
truck, by a North Miami Beach police officer. When the officer woke
Harvey, he pointed a gun at the officer, who fired his gun at Harvey.
Harvey escaped in the officer’s patrol car, but was caught and subdued.
Codefendant Information:
Harry Scott Stiteler accepted a plea bargain, pled guilty to
First-Degree Murder, and was sentenced to Life Imprisonment.
Trial Summary:
03/07/85
Indicted as follows:
Count I: First-Degree
Murder (William Boyd)
Count II: First-Degree
Murder (Ruby Boyd)
06/18/86
Jury returned guilty verdicts on all counts of the indictment
06/20/86
Jury recommended death by a vote of 11-1
06/20/86
Sentenced as follows:
Count I: First-Degree
Murder (William Boyd) – Death
Count II: First-Degree
Murder (Ruby Boyd) – Death
Case Information:
Harvey filed a Direct Appeal with the Florida Supreme Court on 07/24/86,
citing the following errors: failing to suppress statements to the
police, excusing a juror in the absence of the defendant, admitting
evidence related to the jail escape, failing to declare a mistrial due
to prosecutor statements regarding potential parole if the death penalty
was not used, and insufficient evidence for the aggravating
circumstances. On 06/16/88, the FSC affirmed the convictions and
sentences.
Harvey filed a Petition for Writ of Certiorari with the U.S. Supreme
Court on 12/15/88 that was denied on 02/21/89.
Harvey filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 04/18/90, alleging ineffective assistance of counsel.
The FSC denied the Petition on 02/23/95.
Harvey filed a 3.850 Motion with the Circuit Court on 08/27/91 that was
denied on 03/17/93.
Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on
05/27/93, alleging ineffective assistance of counsel. On 02/23/95, the
FSC reversed the denial of the 3.850 Motion and remanded the Motion to
the Circuit Court for an evidentiary hearing.
The Circuit Court held an Evidentiary Hearing on 08/17 – 08/24/98 and
denied the 3.850 Motion on 01/26/99.
Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on
03/15/99, alleging ineffective assistance of counsel. On 07/03/03, the
FSC reversed the denial of the 3.850 Motion and remanded to the Circuit
Court for a new trial. A Motion for Rehearing was filed on 07/18/03 and
is pending before the court.
