The Commission on Capital Cases updates this information regularly

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.

STEPHENS, Jason D. (B/M)

DOC # 124493

DOB: 03/08/74

Fourth Judicial Circuit, Duval County, Case #97-9232

Sentencing Judge: The Honorable Jack M. Schemer

Attorney, Trial: R. Nichols and R. Eler – Special Public Defenders

Attorney, Direct Appeal: Michael R. Yokan – Special Public Defender

Attorney, Collateral Appeals: Todd Doss – Registry

Date of Offense: 06/02/97

Date of Sentence: 04/07/98

Circumstances of Offense:

Jason D. Stephens was convicted and sentenced to death for the murder of 3-year-old Robert Sparrow III.

On 06/02/97, Jason Stephens and several accomplices broke into the home of Robert Sparrow, Jr. Stephens refused to name his accomplices. Horace Cummings, however, turned himself into authorities as one of the accomplices. The police never apprehended the other accomplices. According to Stephens, he went with his accomplices, including Horace Cummings, to the Sparrow home to buy drugs, and he claimed that they did not know about his plans to commit the robbery.

According to testimony at trial, Stephens came into the home carrying a 9-mm firearm. Stephens was standing next to 3-year-old Robert Sparrow III and Consuelo Brown, Sparrow’s mother. Brown confronted Stephens, who hit her in the face with the firearm. Stephens then shot a bullet into the floor to prove that the firearm was loaded and demanded money and marijuana. Stephens told Robert Sparrow Jr. to give him the keys to the blue car parked near the house, but Sparrow did not have the car keys.

Stephens told all of the hostages, which included Robert Sparrow III, Robert Sparrow Jr., Consuelo Brown, Kahari Brown, Tracey Williams, Derrick Hosea Dixon and Tammy Cobb, to lie on the ground, and an unknown man held the hostages at gunpoint while Stephens looked around the home for a room in which to put the hostages. Stephens chose the bathroom and made the hostages crawl to the bathroom. David Cobb, Robert Sparrow Jr.’s half brother and his friend, Roderick Gardener, arrived at the home during the commission of the robbery and were forced into the bathroom with the other hostages. Items taken from the men included the keys to Gardener’s mother’s green Kia.

Stephens showed the hostages his ID and said that he was taking Robert Sparrow III with him for ‘insurance.’ Stephens said that he would leave Robert Sparrow III somewhere if he was not followed. Stephens left the Sparrow residence with Robert Sparrow III in the green Kia because his accomplices would not let him in the black car, which they had driven to the Sparrow residence, with the child. Both the black and green cars left, and they pulled over less than one mile away and left Robert Sparrow III in the car in a sunny area around 2:30 in the afternoon. The car was not found until after 9 o’clock that night. Three-year-old Robert Sparrow III was found dead in the green Kia.

Stephens claimed that the Sparrow was alive when he left him in the car. A doctor presented by the defense testified that Robert Sparrow III died from hyperthermia due to being in the hot car for the extended period of time. In contrast, the medical examiner testified that Sparrow died from asphyxiation, which included either strangulation or suffocation; however, the medical examiner could not rule out hyperthermia.

Additional Information:

Current Prison Sentence History
Offense Date	Offense	Sentence Date	County	Case No.	Sentence Length
06/18/96	1^st Degree Murder	02/27/98	Duval	97-1998	Life
12/03/96	Robbery with Deadly Weapon	02/17/98	Duval	97-9219	Life
12/03/96	Attempted 1^st Degree Murder	02/17/98	Duval	97-9219	Life
01/31/97	Robbery with Deadly Weapon	02/17/98	Duval	97-9218	Life
01/31/97	Robbery with Deadly Weapon	02/17/98	Duval	97-9218	Life
01/31/97	Robbery with Deadly Weapon	02/17/98	Duval	97-9218	Life
01/31/97	Robbery with Deadly Weapon	02/17/98	Duval	97-9218	Life

Duval County Circuit Court #97-1998

On 06/18/96, two individuals picked up a prostitute and then bought crack cocaine. The three people drove to an area to smoke the crack cocaine. The prostitute noticed a red car park next to the car, and then she heard several popping sounds and the window of the truck shattered. She testified that one of the people, Robert Miller, was shot. The driver dropped the prostitute off at a gas station and then went to the hospital where Miller was pronounced dead. The police determined that the red car belonged to Jason Stephens. He was convicted of First-Degree Murder and sentenced to Life on 02/27/98.

Duval County Circuit Court #97-9219

On 12/03/96, Jason Stephens was a passenger in a car that cut off another car on the road to turn into the Radio Shack parking lot. The car that had been cut off parked in front of Radio Shack, and the driver exited the car. At this point, Jason Stephens approached the other car with a firearm. Stephens shot the victim who fell to the ground and attempted to crawl behind his car. Stephens continued shooting the victim after the man was on the ground. On 12/05/96, the victim identified Jason Stephens from a police photo line-up. Stephens was convicted of Attempted First-Degree Murder and sentenced to Life on 02/17/98.

Codefendant Information:

Horace Cummings (Duval County Circuit Court #97-9232)

Cummings was convicted of First-Degree Murder, Kidnapping, four counts of Robbery with a Deadly Weapon, two counts of Attempted Robbery with a Deadly Weapon, and Burglary. Cummings was sentenced to one Life sentence and eight 30-year sentences on 01/16/98.

Trial Summary:

08/07/97 Stephens was indicted on the following counts:

Count I: First-Degree Murder (Robert Sparrow III)

Count II: Kidnapping (Robert Sparrow III)

Count III: Armed Robbery (Consuelo Brown)

Count IV: Armed Robbery (Robert Sparrow Jr.)

Count V: Armed Robbery (Kahari Graham)

Count VI: Armed Robbery (Derrick Hosea Dixon)

Count VII: Armed Robbery (Tracey Williams)

Count VIII: Armed Robbery (Roderic Gardner)

Count IX: Attempted Armed Robbery (Tammy Cobb)

Count X: Attempted Armed Robbery (David Cobb)

Count XI: Burglary

Count XII: Aggravated Assault (Consuelo Brown)

12/08/97 Stephens pled guilty to Counts 2, 4, 6, and 8-12 of the indictment.

12/18/97 Stephens was found guilty for Counts 1 and 5 of the indictment. Stephens was found not guilty for Counts 3 and 7 of the indictment.

01/15/98 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

04/07/98 Stephens was sentenced as follows:

Count I: First-Degree Murder (Robert Sparrow III) – Death

Count II: Kidnapping (Robert Sparrow III) – Life, less 258 days

Count IV: Armed Robbery (Robert Sparrow Jr.) – Life, less 258 days

Count V: Armed Robbery (Kahari Graham) – Life, less 258 days

Count VI: Armed Robbery (Derrick Hosea Dixon) – Life, less 258 days

Count VIII: Armed Robbery (Roderic Gardner) – Life, less 258 days

Count IX: Attempted Armed Robbery (Tammy Cobb) – Life, less 258 days

Count X: Attempted Armed Robbery (David Cobb) – Life, less 258 days

Count XI: Burglary –15 years, less 258 days

Count XII: Aggravated Assault (Consuelo Brown) –15 years, less 258 days

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #92,987

787 So. 2d 747 (Fla. 2001)

05/13/98 Appeal filed.

03/15/01 FSC affirmed the convictions and sentences.

06/04/01 Rehearing denied.

07/05/01 Mandate issued.

United State Supreme Court – Petition for Writ of Certiorari

USSC# 01-6198

534 U.S. 1025 (U.S. 2001)

09/10/01 Petition filed.

11/13/01 USSC denied the petition.

Circuit Court – 3.850 Motion

CC# 97-9232

10/23/02 Motion filed.

11/20/03 Evidentiary hearing held.

08/26/04 Evidentiary hearing held.

04/29/05 Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC# 05-1301

975 So.2d 405

07/22/05 Appeal filed.

11/15/07 FSC affirmed the denial of postconviction relief.

11/30/07 Motion for Rehearing filed.

02/06/08 Rehearing denied.

02/22/08 Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 06-1729

975 So.2d 405

08/30/06 Petition filed.

11/15/07 Petition denied.

11/30/07 Motion for Rehearing filed.

02/06/08 Rehearing denied.

02/22/08 Mandate issued.

United States District Court – Middle District – Petition for Writ of Habeas Corpus

USDC-M# 08-260

03/18/08 Petition filed.

03/18/11 Petition denied and dismissed with prejudice.

Factors Contributing to the Delay in Execution of Sentence

The Direct Appeal was pending nearly three years prior to being denied.

Case Information:

Stephens filed his Direct Appeal in the Florida Supreme Court on 05/13/98. The issues addressed included that the trial court erred in denying motions for a new trial, to withdraw robbery plea, for a change of venue and for a judgment of acquittal. Stephens also argued that the trial court erred in evaluating mitigating and aggravating factors. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 03/15/01. Rehearing was denied on 06/04/01. A Mandate was issued on 07/05/01.

Stephens filed a Petition for Writ of Certiorari on 09/10/01 with the United States Supreme Court. The petition was denied on 11/13/01.

Stephens filed a 3.850 Motion with the circuit court on 10/23/02. An evidentiary hearing was held on 11/20/03. The motion was denied on 04/29/05.

On 07/022/05, Stephens filed 3.850 Appeal in the Florida Supreme Court. On 11/15/07, the Florida Supreme Court affirmed the denial Stephens filed a Motion for Rehearing on 11/30/07 which was denied on 02/06/08. The Florida Supreme Court issued a mandate on 02/22/08.

On 08/30/06, Stephens filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied 11/15/07. Stephens filed a Motion for Rehearing on 11/30/07 which was denied on 02/06/08. The Florida Supreme Court issued a mandate on 02/22/08.

On 03/18/08, Stephens filed a Petition for Writ of Habeas Corpus in the United States District Court – Middle District. This petition was denied and dismissed with prejudice on 03/18/11.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

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06/27/02 0 DISOBEYING ORDER UNION C. I.

________________________________________________________________________

Report Date: 05/01/02 SQ

Approved: 08/08/02 WS

Updated: 04/19/11 EMJ