The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

PACE, Bruce Douglas (B/M)

DC# 084643

DOB:  12/12/59

 

First Judicial Circuit, Santa Rosa County Case# 88CF-689

Sentencing Judge:  The Honorable Ben Gordon

Attorneys, Trial:  Samuel Hall & Randall Ethridge – Special Public Defenders

Attorney, Direct Appeal:  W.C. McLain – Assistant Public Defender

Attorney, Collateral Appeals:  Paul Kalil – CCRC-S; Gary Printy – Registry

 

Date of Offense: 11/04/88

Date of Sentence: 11/16/89

 

Circumstances of the Offense:

 

On 11/04/88, Barbara Mack spoke with her father, Floyd Covington, via the radio in his cab. Later that day she was unable to reach him using the same radio. On 11/07/88, Frankie Covington, the victim’s daughter-in-law, filed a missing person’s report with Santa Rosa Sheriff’s Department. The police began a search for the missing cab driver. Mr. Covington’s cab, a white Buick station wagon, was found in a wooded area. It had been covered with a pile of brush. The bloodstains in the cab revealed that the person sitting in the driver seat had been shot from the direction of the passenger seat. The blood was found to be type O, which was consistent with Mr. Covington’s blood type. Covington had been shot twice in the chest with a shotgun while in the driver’s seat and then moved to the passenger seat. Mr. Covington’s body was found 12 miles away in another wooded area on 11/10/89. His wallet was found approximately 20 feet from the body. The medical examiner testified that Mr. Covington had been shot two to seven days prior to the day that the body was found and that either shot alone could have been the cause of death. The plastic wadding and the shells were recovered from the body.

 

A witness stated that he had seen, while driving on Highway 87, a white station wagon taxicab around 10:30 a.m. the morning of 11/04/88. The cab was angled off the road in a grassy ditch. Due to the fact that he only observed the cab for a brief time, he could not give any characteristics of the driver, but he did report that he did not see anyone in the passenger seat.

 

During the night of 11/03/88, Pace spoke with his cousin, Angela Pace, about money problems that he was having. Angela quoted Pace as saying, “There’s something that I do, I hate to do, but I want to have some money tomorrow.” Pace never specifically stated what he was going to do, but she knew that Pace sometimes did odd jobs for Mr. Covington.

 

A witness stated that she saw Mr. Covington and Pace in Mr. Covington’s taxi at approximately 9:30 a.m. on 11/04/88. Another witness stated that she saw Pace around 12:30 to 1:00 p.m. that same day. This witness stated that Pace did not appear wounded or upset, but his clothes were dirty.

 

On 11/05/88, Pace told his friend Michael Green that he had a gun that they could do some shooting with. Pace retrieved the shotgun gun from the bushes of an unoccupied building. Both shot the gun behind Mr. Green’s mother’s house. When Pace left, he did not take the shotgun with him. While at the house, Ms. Green had inquired about spots on Pace’s clothing. Pace replied that he had recently been squirrel hunting and it was squirrel blood.

 

Pace told his stepfather that Mr. Covington had driven him home on the morning of 11/04/88. Because Pace did not have a key, he was forced to enter the house through a window. Once inside he noticed that his brother’s shotgun was missing from the gun rack. Pace claimed someone appeared behind him and choked him, rendering him unconscious. Pace stated that he woke up in the woods. He saw his brother’s shotgun and picked it up. He saw blood inside Mr. Covington’s cab. He then walked to the Green’s residence. After revealing all of this information to his stepfather, Pace voluntarily went to the sheriff’s office.

 

Additional Information:

 

Pace was convicted of Robbery with a Firearm on 06/21/82. He received nine years ten months probation, but he violated his probation on 12/04/81 and was convicted of Robbery with a Firearm on 06/21/82. He was sentenced to 15 years for violating probation. He was released on 03/10/87.

 

Trial Summary:

 

12/14/88          The Defendant was indicted for the following charges:

                                    Count I:           First-Degree Murder (Floyd Covington)

                                    Count II:         Robbery with a Firearm

08/25/89          The Defendant was found guilty of all counts in the indictment

08/26/89          The jury recommended a sentence of death by a majority vote of 7 to 5.

11/16/89          The defendant was sentenced as follows:

                                    Count I:           First-Degree Murder (Floyd Covington) – Death

Count II:         Robbery with a Firearm – 15 years to run concurrent to Count I

 

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC# 75, 056

596 So. 2d 1034

 

11/27/90          Appeal filed

03/26/92          FSC affirmed the conviction and sentence

05/18/92          Rehearing denied

06/17/92          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 92-5217

506 U.S. 885

 

07/16/92          Petition filed

10/05/92          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 88-689

 

10/13/93          Motion filed

06/11/01          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 01-1831

854 So.2d 167

 

08/21/01          Appeal filed

05/22/03          Denial of 3.850 Motion affirmed

09/02/03          Rehearing denied

10/02/03          Mandate issued

 

Florida Supreme Court – Petition for Habeas Corpus

FSC# 02-519

854 So.2d 167

 

03/04/02          Petition filed

05/22/03          Petition denied

09/02/03          Rehearing denied

10/02/03          Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC #03-7497

540 U.S. 1153, 124 S.Ct. 1155

 

11/14/03          Petition filed

01/20/04          Petition denied

 

United States District Court, Northern District – Petition for Writ of Habeas Corpus

USDC# 04-333

 

09/28/04          Petition filed

10/01/07          Petition denied

11/16/07          Motion for Certificate of Appealability filed

11/20/07          Motion for Certificate of Appealability granted

 

United States Court of Appeals, 11th Circuit – Habeas Petition Appeal

USCA# 07-15528P

556 F.3d 1211

 

11/20/07          Appeal filed

02/05/09          Disposition affirmed

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #08-11083

 

06/08/09          Petition filed.

10/05/09          Petition denied.

 

State Circuit Court – Successive 3.851 Motion

CC# 88-689

 

11/30/10          Motion filed.

12/13/10          State’s Response filed.

03/23/11          Motion denied.

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

The 3.850 Motion was pending in the Circuit Court for eight years.

 

Case Information:

 

Pace filed a Direct Appeal to the Florida Supreme Court on 11/27/90. The issues that he raised were that the evidence presented at trial was insufficient to convict him, the trial court erred in admitting exculpatory statements in addition to not allowing the cross-examination of state witnesses concerning a third shotgun shell found at the scene. The Court ruled that there was no abuse of discretion by the trial court and the cross-examination should have been allowed although the error was found to be harmless. The Court also stated that three of the aggravating factors were supported beyond a reasonable doubt and that the record supports the trial judge’s conclusion with regard to sentencing. The Court affirmed Pace’s conviction and sentence on 03/26/92. The rehearing was denied on 05/18/92 and the mandate was issued on 06/17/92.

 

Pace filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/16/92. The petition was denied on 10/05/92.

 

Pace then filed a 3.850 Motion to the Circuit Court on 10/13/93. The motion was denied on 06/11/01. The Circuit Court set forth the reasons for the delay in processing the 3.850 Motion as the following: (1) Several changes in defense counsel, (2) CCR lacked funds and had too many cases pending with death warrants, (3) Lack of assigned counsel due to CCR’s reorganization, (4) CCR requested a continuance for the evidentiary hearing citing lack of funds, and (5) public records requests.

 

On 08/21/01, Pace filed a 3.850 Appeal to the Florida Supreme Court.  In his appeal, he claimed that his trial counsel was ineffective during the guilt phase because failed present a defense of voluntary intoxication or pursue an insanity defense.  He also claimed that his trial counsel failed to object to comments made by the prosecution during the guilt phase.  Pace also argued that his counsel was ineffective during the penalty-phase because he did not properly investigate all mitigating circumstances pertaining to Pace.  Pace further contended that the prosecution withheld a fingerprint smudge report as well as a written reprimand of an investigator from the case.  Finally, Pace argued that certain agencies did not provide public records upon request.  The Court found no reversible error in any of Pace’s claims and affirmed the trial court’s denial of his 3.850 Motion on 05/22/03.  A mandate was issued on 10/02/03.

 

On 03/04/02, Pace filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied 05/22/03.  A mandate was issued on 10/02/03.

 

On 11/14/03, Pace filed a Petition for Writ of Certiorari to the United States Supreme Court.  The petition was denied on 01/20/04.

 

On 09/27/04, Pace filed a Petition for a Writ of Habeas Corpus to the United States District Court, Northern District which was denied 10/01/07.  On 11/16/07, Pace filed a Motion for Certificate of Appealability.  This motion was granted on 11/20/07.

 

On 11/20/07, Pace filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit.  The United States Court of Appeals affirmed the lower court’s denial of Pace’s Habeas Petition on 02/05/09.

 

On 06/08/09, Pace filed a Petition for a Writ of Certiorari to the United States Supreme Court. This petition was denied on 10/05/09.

 

On 11/30/10, Pace filed a Successive 3.851 Motion in the State Circuit Court.  This motion was denied on 03/23/11.

 

Institutional Adjustment:

 

DATE

DAYS

VIOLATION

LOCATION       

10/23/84

30

POSS OF WEAPONS

CENTRAL OFFICE

05/16/85

30

THEFT

CENTRAL OFFICE

11/19/86

15

POSS OF NEGOTIABLES

039

11/19/86

45

DISOBEYING ORDER

039

12/30/97

180

UNAUTH USE OF DRUGS

UNION C.I.

________________________________________________________________________

 

Report Date:   01/28/02          NMP                          

Approved:       02/06/02          WS

Updated:         04/13/11          CAR