Date of Sentence: 03/01/93
Circumstances of Offense:
On
12/19/90, the bodies of Matilda Nestor, 66, and Jacob Nestor, 67, were
found in their place of business.
Victor Tony Jones, a new employee of
the business, was found slumped over the couch in the main office, with
a .22 caliber automatic pistol under his arm. Matilda Nestor was found
in the bathroom, with a stab wound in the back, and Jacob Nestor was
found in the main office, with a stab wound to the chest.
According to the evidence, Jones stabbed Matilda Nestor as she was
entering the bathroom and stabbed Jacob Nestor as he came toward the
bathroom from the main office. Jacob Nestor retreated to the main
office after being stabbed, where he tried to call for help. He then
pulled his .22 caliber pistol from his holster and shot at Jones five
times, hitting him once in the forehead. The money and personal
property of the Nestor’s was found in Jones’ pockets.
Jones was found by police, who were summoned by a neighbor of the
Nestor’s. When he was asked what happened, Jones replied, “The old man
shot me.” Jones was taken to the hospital, where he told a nurse that
he had to leave because he had “killed those people.” When asked why,
Jones responded, “They owed me money and I had to kill them".
Additional Information:
Jones was released from prison on conditional release on 11/27/90, prior
to the Nestor murders.
On
02/11/93, a competency hearing was held and Jones was found to be
competent.
After Jones amended his first 3.850 Motion on 03/09/99, an evidentiary
hearing was held and Jones was again found to be competent.
During his 3.850 Motion Appeal, jurisdiction was relinquished to the
Circuit Court for a mental retardation determination on 03/08/05. An
Evidentiary Hearing was held in the Circuit Court on 11/14/05 and
01/10/06, and on 02/24/06, the Circuit Court determined that Jones was
not mentally retarded.
Trial Summary:
01/11/91
-
Indicted as follows:
Count I: First-Degree
Murder (Matilda Nestor)
Count II: First-Degree
Murder (Jacob Nestor)
Count III: Armed Robbery
(Matilda Nestor)
Count IV: Armed Robbery
(Jacob Nestor)
Count V: Possession of a
Firearm by a Felon
11/25/92 -
Court granted Motion to Sever Count V
03/04/92 -
State nolle prossed Count V
02/01/93 - Jury returned guilty verdicts on all counts of the
indictment
02/12/93 -
Jury recommended death by votes of 10-2 (Matilda Nestor) and 12-0 (Jacob Nestor)
03/01/93 -
Sentenced as follows:
Count I: First-Degree
Murder (Matilda Nestor) – Death
Count II: First-Degree
Murder (Jacob Nestor) – Death
Count III: Armed Robbery
(Matilda Nestor) – Life Imprisonment
Count IV: Armed Robbery
(Jacob Nestor) – Life Imprisonment
Case Information:
Jones filed a Direct Appeal with the Florida Supreme Court on 03/26/93,
citing the following errors: denying a motion for judgment of acquittal;
failing to instruct the jury that it had to consider two similar
aggravating factors as one; rejecting mental or emotional disturbance as
a mitigating factor; failing to bring up the possibility that Jones
suffered from fetal alcohol syndrome; and failing to grant a motion for
mistrial based on improper comments by the prosecutor.
On 01/12/95, the
convictions and sentences were affirmed.
Jones filed a Petition for Writ of Certiorari with the U.S. Supreme
Court that was denied on 10/02/95.
Jones filed a 3.850 Motion with the Circuit Court on 03/24/97 that was
amended on 03/09/99 and 10/08/99. On 03/08/01, the 3.850 Motion was
denied.
Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on
04/06/01, citing ineffective assistance of counsel. On 05/08/03, the
denial of the 3.850 Motion was affirmed. On 09/11/03, a revised opinion
was substituted.
Jones filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 03/15/02, citing ineffective assistance of counsel and
the unconstitutionality of Florida’s death penalty statute under the
U.S. Supreme Court ruling in Ring v. Arizona. On 05/08/03, the Petition
was denied. On 09/11/03, a revised opinion was substituted.
Jones filed a 3.850 Motion with the Circuit Court on 06/18/03 that was
denied on 01/16/04.
Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on
04/26/04 that is pending.
FloridaCapitalCases.state.fl.us
