Second Judicial Circuit, Wakulla
County, Case #97-214
Sentencing Judge, Trial: The
Honorable N. Sanders Sauls
Attorney, Trial: Robert Rand –
Special Assistant Public Defender
Attorney, Direct Appeal: Steven
L. Seliger – Private
Attorney, Collateral Appeals:
Clyde M. Taylor, Jr. – Registry
Date of Offense:
07/27/97
Date of Sentence:
02/18/00
Circumstances of Offense:
The bodies of Melanie King and Robin Keith Spears were found in their
burning home in the early morning hours of July 27, 1997.
On
July 26, 1997, Guerry Hertz, Jason Looney, and Jimmy Dempsey left an
acquaintance’s house on foot, which was within walking distance of the
victims’ home, at approximately 11 p.m. A woman who lived approximately
500 yards from the victims’ home said that, at approximately 2 a.m.,
Hertz came to her home requesting to use her telephone because “his
truck had broken down.” She refused and the three men resumed their
walk up the road towards the home of Melanie King and Robin Keith
Spears. When Looney saw their black Ford Mustang, he exclaimed,
“There’s my car right there. That’s the one I want.”
Acting as a decoy, Dempsey and Hertz knocked on the victims’ front door
and asked if they could use a telephone. King gave them a cordless
telephone and Dempsey pretended to make a call. When Dempsey started to
hand the phone back to King, Hertz forced his way into the home at
gunpoint.
Looney entered after him and targeted Spears with his rifle.
King and Spears were forced face down on their bed after being bound and
gagged with duct tape. The three defendants stole various items
including a television, a VCR, furniture, jewelry, CDs, and $1500 cash.
They loaded the stolen goods into the victims’ two vehicles.
Hertz and Looney decided that they could not leave witnesses and then
informed Dempsey of their plan. Dempsey testified that Hertz and Looney
poured accelerants throughout the house, after which all three men went
back to the bedroom armed. King told the defendants that she would
“rather die being burnt up than shot.”
She then stated, “Please, God,
don’t shoot me in the head.” Hertz replied, “Sorry, can’t do that,”
before he started firing his firearm. Looney started firing and was
followed by Dempsey. Both King and Spears died as a result of the
gunshot wounds.
After the shootings, the house was set afire. Looney drove away in the
victims’ Ford Mustang with Dempsey as a passenger, while Hertz drove the
victims’ white Ford Ranger. Dempsey reported that the entire episode
spanned two hours. They drove to Hertz’ house so that they could divide
the money and unload the stolen cargo.
Testimony was given by two
Tallahassee Wal-Mart employees stating that the three men showed off
their new vehicles, a black Ford Mustang and a white Ford Ranger, after
making a purchase at approximately 5 a.m. The employees’ testimony was
corroborated by a Wal-Mart receipt for clothes that was found in the
victims’ Ford Mustang.
Looney, Hertz, and Dempsey then drove to Daytona Beach, Florida, where
they were involved in a shootout after a police pursuit. Looney and
Dempsey abandoned the victims’ Ford Mustang and were arrested as they
were fleeing the scene. Hertz was shot, abandoned the victims’ Ford
Ranger and paid $100 for a cab-ride to his aunt’s St. Augustine home.
Hertz was arrested that day and police discovered Spears’ .9mm gun in
Hertz’s bag.
An
FDLE firearms expert testified that one of the bullets fired in the
victims’ home was fired from a .380 Lorcin gun that was in Looney’s
possession when he was arrested. The Lorcin gun had belonged to Spears
and Dempsey reported that Hertz had used it to shoot the victims. The
police also found Dempsey’s wallet containing $380, Looney’s wallet
containing $464, and a roll of duct tape in the victims’ Ford Mustang.
Latent fingerprints that matched all three men were taken from the
victims’ Ford Mustang. Evidence of various accelerants were found on
clothing in the victim’s Ford Mustang and an expert later testified that
the extensive fire damage to the victims’ home could only have been
accomplished with the use of accelerants.
The bodies of Melanie King and Robin Keith Spears were both severely
burned, but the medical examiner testified that both deaths were caused
by gunshot wounds due to a lack of soot in the victims’ trachea,
indicating that they were already dead when the fire started. Further
testimony indicated that both victims lived one to two minutes after
being shot.
Codefendant Information:
For his part in the crimes, Jason Looney received two death sentences.
Jimmy Dempsey entered into a plea agreement with the State and was
sentenced to life in prison.
Trial Summary:
08/26/97
The defendant indicted with the following:
Count I: First-Degree
Murder
Count II: First-Degree
Murder
Count III: Armed Burglary of
a Dwelling
Count IV: Robbery with a
Firearm
Count V: Arson of a Dwelling
Count VI: Use of a Firearm
during the Commission of a Felony
12/09/99
The defendant was found guilty on all counts
12/11/99
The jury recommended death by a vote of 10-2 on both counts.
02/18/00
The defendant was sentenced as follows:
Count I: First-Degree
Murder – Death
Count II: First-Degree
Murder – Death
Count III: Armed Burglary of
a Dwelling – Life
Count IV: Robbery with a
Firearm – Life
Count V: Arson of a Dwelling
– 30 Years
Count VI: Use of a Firearm
during the Commission of a
Felony – 15 Years
Case Information:
A
Direct Appeal was filed with the Florida Supreme Court on 03/03/00.
Issues that were raised on appeal included whether the trial court erred
by admitting gruesome photographs of the bodies, whether the trial court
erred in finding Hertz competent to stand trial, and whether the trial
was prejudiced by the extensive details of the collateral crimes in
Volusia County. The Florida Supreme Court found all of the claims
either harmless or without merit and affirmed the conviction and
sentence on 11/01/01.
A
Petition for Writ of Certiorari was filed with the United States Supreme
Court on 03/20/02 and was denied on 06/28/02.
A
3.851 Motion was filed with the State Circuit Court on 06/30/03 and was
amended on 03/09/04. On 12/30/04, the Motion was denied.
A
3.851 Motion Appeal was filed with the Florida Supreme Court on
01/12/05, alleging ineffective assistance of counsel. On 06/22/06, the
FSC affirmed the denial of the motion.
