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.
WATTS, Tony Randall (B/M)
DC # 286020
DOB: 08/23/66
Fourth Judicial Circuit, Duval County, Case #88-11505
Sentencing Judge: The Honorable L. Page Haddock
Attorneys, Trial: Alan Chipperfield & William White – Assistant Public Defenders
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeal: Frank J. Tassone, Jr. – Registry
Date of Offense: 02/18/88
Date of Sentence: 09/15/89
On the morning of 02/18/88, Glenda Jurado was returning home from jogging when Tony Watts forced her at gunpoint towards her house. Watts informed Glenda that he was just released from prison and needed money to leave town. Simon Jurado, Glenda’s husband, answered the door, at which time she told her husband that Watts had a gun and was demanding money. Simon gave Watts all the money he had, but Watts demanded more and stated that he would kill Glenda if he didn’t get it. In response to his threats, Simon gave Watts a piggy bank containing money. After searching the house Watts made Simon undress in the bathroom and told Glenda to get undressed as well. Watts penetrated Glenda with his finger and unsuccessfully attempted to have sexual intercourse with her. Upon seeing what Watts was doing to his wife Simon yelled and threw a chair at him. The chair knocked Watts into the hallway. Glenda ran from the house while the two men struggled. Glenda heard a shot fired and her husband scream. She also witnessed Watts run out of the house and down the street with the gun. Simon ran out of the house but collapsed on the lawn and died. The cause of death was from the gunshot wound to Simon’s mouth, which severed an artery leading to his brain.
In September 1988, Glenda and a neighbor who witnessed Watts running from the house that day identified him as being the assailant. Watts’ baseball cap, which was found inside the Jurado’s house, contained hairs microscopically similar to his. His fingerprints were also found on the door of the front porch.
Trial Summary:
09/29/88 The defendant was indicted on the following charges:
Count I: First-Degree Murder
Count II: Armed Burglary with an Assault
Count III: Armed Robbery
Count IV: Armed Sexual Battery (Later reduced to Sexual Battery Using Physical Force)
08/03/89 The jury found the defendant guilty of all counts in the indictment.
08/17/89 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the imposition of a death sentence.
09/15/89 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Armed Burglary with an Assault - Life
Count III: Armed Robbery - Life
Count IV: Sexual Battery Using Physical Force - 30 Years
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence |
|
04/07/1984 |
AGG BATTERY/W/DEADLY WEAPON |
06/02/1986 |
DUVAL |
8405071 |
2Y 6M 0D |
|
05/24/1984 |
AGG BATTERY INTENDED HARM |
01/07/1985 |
DUVAL |
8405071 |
0Y 8M 5D |
Appeal Summary:
FSC #74,776
593 So. 2d 198
09/26/89 Appeal filed.
01/02/92 FSC affirmed the convictions and sentence of death.
03/03/92 Rehearing denied.
04/02/92 Mandate issued.
USSC #91-8270
505 U.S. 1210
04/15/92 Petition filed.
06/22/92 Petition denied.
CC #88-11505
(Pending)
09/16/93 Motion filed.
08/03/98 Amended motion filed.
05/04/99 Found incompetent to proceed in his postconviction relief. Competency reevaluations are scheduled every 90 days.
10/16/08 Watts found incompetent and returned to DOC custody with 1-year Review Hearing scheduled.
10/15/09 Review hearing regarding Watt’s incompetency held
10/16/09 Defendant declared incompetent to proceed
10/14/10 Defendant declared incompetent to proceed (next review hearing scheduled 10/13/11)
On 05/01/00, an Interlocutory Appeal was filed in the trial court pursuant to Watts’ 3.850 Motion filed in 1993. The appeal was in reference to questions raised regarding the defendant’s competency to stand trial and possible mental retardation. Two of the mental health professionals stated that they believed Watts to be competent to stand trial, while the third stated that she did not find Watts to be competent due in part to his diagnosis of mild mental retardation and the lack of understanding necessary to assist his attorneys in the appeal process. The trial court found the testimony of the first two mental health experts to be more credible than that of the dissenting party and declared Watts competent to stand trial. In 1999, Watts’ attorneys filed a motion with the court to determine his level of competence and ability to assist them throughout the collateral appeals process. The court ordered him to be involuntarily committed to the Florida State Mental Hospital (FSMH) until further notice, despite the Department of Corrections’ request to have him transferred back to Death Row. On 11/08/01, the Florida Supreme Court affirmed the trial court’s decision to have Watts remain in the custody of the FSMH until further notice, finding that the court did not overstep its boundaries regarding the housing of an inmate.
On 09/26/89, Watts filed a Direct Appeal in the Florida Supreme Court. Watts claimed that the trial court was required by section 916.11(1)(d) Florida Statutes (1987) to appoint the Department of Health and Rehabilitative Services (HRS) diagnosis and evaluation team for the evaluation of his mental competence and competence level to stand trial. The Florida Supreme Court found that the trial court did abuse its discretion; however, Watts’ attorney neglected to preserve the issue for appeal. Watts also claimed that the trial court erred in finding that he was competent to stand trial. The defendant raised this claim because of conflicting expert testimony regarding this issue. In his third claim, Watts contended that the trial court did not advise him that he had the right to represent himself and failed to conduct a Faretta[1] inquiry when he requested another attorney. Additionally, Watts claimed the court should have granted a mistrial because of prosecutorial misconduct. The statements made by the prosecutor during closing arguments were found to have had no effect on the verdict. In reference to the penalty phase, Watts claimed that the trial court erred in considering his crime to have been especially heinous, atrocious or cruel. The Florida Supreme Court agreed that this crime was not especially heinous, atrocious or cruel but found the error to be harmless. Watts next argued that executing a mentally retarded person was cruel and unusual punishment. The Florida Supreme Court found that even if it were cruel and unusual to execute the mentally retarded, Watts was found to be competent. The Florida Supreme Court affirmed Watts’ convictions and sentence of death on 01/02/92.
On 04/15/92 Watts filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 06/22/92.
On 09/16/93 Watts filed a 3.850 Motion that is still pending in the Circuit Court. An amended motion was filed on 08/03/98. On 05/04/99, Watts was determined to be incompetent to proceed with his postconviction relief and was committed to the Florida State Mental Hospital. Competency reevaluations are scheduled every 90 days. On 10/16/08, Watts was found incompetent. A review hearing is scheduled for 10/15/09.
On 10/15/09, a review hearing was held regarding Watt’s incompetency. On 10/16/09, Watt’s was declared incompetent to proceed.
On 10/14/10, Watt’s was again declared incompetent to proceed.
Institutional Adjustment: TONY WATTS DC #286020
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- ---------------
11/16/92 15 DEST. OF ST. PROP FLORIDA STATE PRISON
09/05/93 0 DISRESP.TO OFFICIALS UNION C. I.
09/07/93 0 UNARMED ASSAULT UNION C. I.
05/20/95 0 SPOKEN THREATS UNION C. I.
01/24/96 0 REF. SUB. ABUSE TEST UNION C. I.
06/02/97 0 UNARMED ASSAULT UNION C. I.
06/19/97 0 POSS OF CONTRABAND UNION C. I.
04/15/98 0 DISOBEYING ORDER UNION C. I.
05/07/98 0 DISOBEYING ORDER UNION C. I.
08/13/98 180 ESCAPE OR ATTEMPT UNION C. I.
08/31/98 0 POSS OF CONTRABAND UNION C. I.
09/13/98 0 POSS OF CONTRABAND UNION C. I.
10/04/98 0 POSS OF CONTRABAND UNION C. I.
04/05/99 0 DISRESP.TO OFFICIALS UNION C. I.
02/17/02 0 DISOBEYING ORDER ZEPHYRHILLS C. I.
03/25/02 0 REF. SUB. ABUSE TEST ZEPHYRHILLS C. I.
Report Date: 03/10/03 EW
Approved: 03/13/03 WS
Updated: 01/21/11 MJH