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.
PETERKA, Daniel Jon (W/M)
DC# 119773
DOB: 09/09/67
First Judicial Circuit, Okaloosa County, Case# 89-966C
Sentencing Judge: The Honorable Erwin Fleet
Trial Attorney: Robert Elmore – Assistant Public Defender
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Registry
Date of Offense: 07/12/89
Date of Sentence: 04/25/90
Circumstances of the Offense:
On 02/11/89, Daniel Jon Peterka was scheduled to report to authorities in Nebraska to begin serving two consecutive one-year prison terms for theft. Prior to surrendering, Peterka revealed to his girlfriend at the time that he did not want to go to jail and that he wanted to get a job and establish himself somewhere else. Peterka appeared in Niceville, Florida, in late February 1989. He moved in with Ronald LeCompte. LeCompte bought a .357 magnum handgun for Peterka as a favor.
In April of 1989, Peterka moved to a duplex that he shared with John Russell. Witnesses stated that the two did not have a good relationship. On 06/27/89, Peterka acquired a driver’s license with Russell’s name and his own picture. He then cashed a $300 money order sent to Russell by a relative. When Russell realized that he had not received the money order, he became suspicious of Peterka. Russell obtained a copy of the money order from a relative and related his suspicions to the bank. A bank employee, in turn, stated that a formal charge of forgery could begin only when the original copy of the money order was received. A number of witnesses testified that Russell did not plan on confronting Peterka about the missing money order because he was uncomfortable due to the gun being in the house.
Peterka’s girlfriend, Frances Thompson, stated that Russell helped her move her belongings out of the duplex on the morning of 07/12/89. According to Thompson, on the night on 07/12/89, Peterka appeared at Thompson’s job driving Russell’s car. He took Thompson out to dinner and explained that he was a fugitive and that he did not want go to prison. Frances stayed the night at the duplex and then left for work the next morning. Russell did not show up for work on the morning of 07/13/89. A co-worker, Gary Johnson, went to the duplex around 9:00 a.m. and stated that he saw Russell’s car in the driveway. Concerned about Russell, the coworker let himself into the duplex via a window when no one answered the door. He noticed that the cushions from the couch were missing and, after locating the gun, noted that it was unloaded. He returned after work and questioned Peterka about Russell. Peterka denied any knowledge of Russell’s whereabouts, stating only that he had left with someone the night before. Johnson filed a missing person report with the Okaloosa County Sheriff’s Department that night.
Deputy Harkins went to the duplex to follow up on the report. Peterka again reiterated that he did not know where Russell was, stating only that he had left with “a long haired guy” the night before. Peterka gave Deputy Harkins a birth certificate as identification, stating that he had lost his driver’s license.
Deputy Harkins ran a computer check on Peterka and learned that he was a fugitive from Nebraska and was considered “armed and dangerous.” Peterka was arrested on 07/14/89, at 1:30 a.m. The deputies searched the duplex and found the gun. Peterka told the deputies that the gun belonged to a friend and showed them the bill of sale. The gun was not confiscated. The deputies found a driver’s license with Peterka’s picture and Russell’s name, Russell’s Social Security card, other identification belonging to Russell, $407, a newspaper clipping advertising jobs in Alaska, and Peterka’s Nebraska driver’s license in Peterka’s wallet.
Peterka phoned Frances Thompson from jail and asked her to remove some items from the duplex and save them. Frances found a shovel in the trunk of the victim’s car and noticed that the cushions for the couch were outside. She called the Sheriff’s Department and reported her findings. The gun was transferred to the deputies’ possession and a police search revealed possible bloodstains on the couch were the cushions had been and on the carpet beneath the couch. Bloodstains were also found in the trunk of the car and on the tail lights.
On 07/18/89, Peterka called his boss, “Shorty” Purvis, and asked him to visit him in jail. During their meeting, Peterka admitted killing Russell. Peterka told police that he had forged Russell’s signature on the money order and that he had paid Russell $100 to use his identification. When discussing the money order, Russell started shoving Peterak and the two ended up fighting in the living room. Both reached for the gun, and Peterka won. As Russell got up from the couch, the gun accidentally went off and shot Russell in the top of the head. Peterka wrapped Russell’s body in a rug and drove him to a remote part of Eglin Air Force Base and buried him in a shallow grave.
Peterka took officials to the body. The medical examiner testified that the wound was consistent with the victim being shot from behind while he was in a reclining position. A firearms expert testified that the gun used to kill Russell was in good working order and that it would not fire accidentally, due to the fact that the gun had two safety mechanisms.
Trial Summary:
08/10/89 Indicted as follows:
Count I: First-Degree Murder (John Russell)
08/28/89 Defendant entered a written plea of not guilty
03/05/90 Jury returned guilty verdicts on all counts of the indictment
03/05/90 Jury recommended death by a vote of 8-4
04/25/90 Sentenced as follows:
Count I: First-Degree Murder (John Russell) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 75,995
640 So. 2d 59
05/14/90 Appeal filed
04/21/94 FSC affirmed the conviction and sentence
08/05/94 Rehearing denied
09/06/94 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 94-6845
513 U.S. 1129
11/02/94 Petition filed
01/23/95 Petition denied
State Circuit Court – 3.850 Motion
CC# 89-966C
03/24/97 Motion filed
05/02/02 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 02-1410
890 So.2d 219
06/26/02 Appeal filed
09/30/04 FSC affirmed denial of 3.850 Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-482
890 So.2d 219
03/21/03 Petition filed
09/30/04 Petition denied
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 05-22
01/25/05 Petition filed
02/04/05 Amended petition filed
03/29/07 Habeas denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 04-9605
125 S.Ct. 2911
03/21/05 Petition filed
06/13/05 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 07-12363P
05/25/07 Appeal filed
09/02/08 Disposition affirmed
State Circuit Court – 3.850 Motion
CC# 89-966C
03/10/08 Motion filed
07/01/08 Motion denied
State Circuit Court – 3.850 Motion
CC# 89-966C
07/25/08 Motion filed
11/19/08 Motion denied
Florida Supreme Court – 3.851 Motion Appeal
FSC# 08-1413
08/01/08 Appeal filed
05/22/09 Disposition affirmed
06/08/09 Motion for Rehearing filed
07/23/09 Motion for rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 08-7335
11/10/08 Petition filed
01/26/09 Petition denied
United States Supreme Court – Petition for Writ of Certiorari
USSC # 09-8971
12/15/09 Petition filed
04/05/10 Petition denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 10-801
04/26/10 Petition filed
11/15/10 Petition denied
11/22/10 Motion for Rehearing
Circuit Court – Successive 3.851 Motion
CC# 89-966C
(Pending)
11/30/10 Motion filed
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal was pending for four years and the 3.850 Motion was pending for five years until both decisions were rendered.
Case Information:
Peterka filed a Direct Appeal to the Florida Supreme Court on 05/14/90. He raised 12 issues on the appeal pertaining to pretrial motions, evidence admitted at trial, and factors relating to mitigation and aggravation. The Court found no merit, no abuse of discretion, or no error with each of the issues. The Court affirmed the conviction and sentence of death on 04/21/94. The rehearing was denied on 08/05/94, and the mandate was issued on 09/06/94.
Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/02/94. The petition was denied on 01/23/95.
Peterka filed a 3.850 Motion to the Circuit Court on 03/24/97. The motion was pending for five years due to public records issues. On 05/02/02, the Circuit Court denied Peterka’s 3.850 Motion.
Peterka filed a 3.850 Appeal to the Florida Supreme Court on 06/26/02, which was affirmed on 09/30/04.
Peterka filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 03/21/03, which was denied on 09/30/04.
On 01/25/05, Peterka filed a Petition for Writ of Habeas Corpus to the United States District Court, Northern District. The petition was amended on 02/04/05 and then denied on 03/29/07.
On 03/21/05, Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/30/05.
On 05/27/05, Peterka filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit. This appeal was denied on 09/02/08.
On 03/10/08, Peterka filed a 3.851 motion in the State Circuit Court. This motion was denied on 07/01/08.
On 07/25/08, Peterka filed a 3.851 motion in the State Circuit Court, which was denied on 11/19/08.
On 08/01/08, Peterka filed a 3.851 motion appeal in the Florida Supreme Court. On 05/22/09, the Florida Supreme Court affirmed the disposition of the lower court and denied Peterka his appeal. On 06/08/09, Peterka filed a Motion for Rehearing. This motion was denied on 07/23/09.
Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/10/08. This petition was denied on 01/26/09.
Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court on 12/15/09. This petition was denied on 04/05/10.
On 04/26/10, Peterka filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. This petition was denied on 11/15/10. A Motion for Rehearing was filed on 11/22/10. This motion is currently pending.
On 11/30/10, Peterka filed a Successive 3.851 Motion to the Circuit Court. This motion is still pending.
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Report Date: 02/20/02 NMP
Approved: 03/01/02 WS
Updated: 01/26/11 CAR