Date of Sentence: 11/08/91
Date of Resentence: 03/24/97
Circumstances of the Offense:
Billy Leon Kearse was convicted
of robbery with a firearm and the murder of Fort Pierce police officer,
Danny Parrish, which occurred on 01/18/91.
Officer Danny Parrish observed
Billy Kearse driving the wrong way on a one-way street. Parrish radioed
in the vehicle license plate number and proceeded to stop Kearse.
Kearse
did not have his driver’s license and gave Parrish several alias names
that did not match the driver’s license history. Kearse was then ordered
to exit the vehicle and place his hands on top of the vehicle.
When
Parrish attempted to handcuff Kearse, a struggle ensued. Kearse grabbed
Parrish’s weapon and fired 14 shots. Thirteen of the shots struck
Parrish, nine in his body and four in his bullet-proof vest
A nearby taxi driver heard the
shots and saw a dark blue vehicle occupied by a black male and female
drive away from the scene. The taxi driver then called for help on
Parrish’s radio.
Parrish was transported to the hospital by emergency
personnel, where he died from the gunshot injuries. A be-on-the-lookout
(BOLO) was issued for a black male driving a dark blue 1979 Monte Carlo.
The police checked the license plate number Parrish had called in before
the traffic stop and discovered it was registered to an address in Fort
Pierce, where Kearse was arrested.
Kearse waived his Miranda rights
and confessed to shooting Parrish during the struggle.
One of Kearse’s companions
testified during the trial that Kearse shot Officer Parrish “because his
probation was suspended and the police was [sic] looking for him
already.”
Trial Summary:
05/08/91
-
Indicted as follows:
Count I: First-Degree
Murder
Count II: Robbery with
Firearm
Count III: Possession of Firearm by Convicted Felon
05/28/91 - Count I and II were severed from Count III.
10/22/91 -
Jury returned a verdict of guilt for Counts I and II.
10/24/91 -
Jury recommended death by a vote of 11-1.
11/08/91 -
Sentenced as follows:
Count I: First-Degree
Murder – Death
Count II: Robbery with
Firearm – Life
06/22/95 -
Florida Supreme Court reversed death sentence for new sentencing phase.
03/24/97 -
At resentencing, jury recommended death by a vote of 12-0.
Case Information:
On
12/05/91, Kearse filed a Direct Appeal to the Florida Supreme Court.
The Court found that the trial court made an error in failing to give
the jury requested information concerning the aggravating circumstances:
cold, calculated, and premeditated. The Court, on 06/22/95, affirmed
Kearse’s conviction but remanded his sentence for resentencing.
On
04/14/97, Kearse filed his Direct Appeal after resentencing to the
Florida Supreme Court. The Court found that Kearse’s death sentence was
not disproportionate to the crime; that Kearse was not entitled to
interview jurors concerning an allegation of juror misconduct; and, in a
capital murder trial during the sentencing phase, photographs of the
victim’s body are admissible. In addition, the Court found that
disqualification of the prosecutor was not warranted because he had not
yet taken the elected office of county court judge.
The Court, on
06/29/00, affirmed Kearse’s sentence.
Kearse filed a Petition for Writ of Certiorari to the United States
Supreme Court on 01/18/01, which was denied on 03/26/01.
Kearse filed a 3.850 Motion to the Circuit Court on 10/03/01. The
motion was amended twice on 06/21/02 and 03/01/04.
On 09/06/05, the Circuit Court issued an order, denying the amended
3.850 Motion.
Kearse filed a 3.850 Appeal to the Florida Supreme Court on 04/01/02, which was
dismissed voluntarily on 06/13/02. Kearse’s
motion to dismiss the appeal was denied as moot.
On
10/03/05, Kearse filed a 3.850 Appeal to the Florida Supreme Court,
which is currently pending.
On
05/15/06, Kearse filed a Petition for Writ of Habeas Corpus to the
Florida Supreme Court, which is also pending.
FloridaCapitalCases.state.fl.us
