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. 

LEBRON, Jermaine Robert (H/M)

AKA:  Bugsy

DC#    472846

DOB:  07/16/74

Ninth Judicial Circuit, Osceola County Case# 96-2147

Sentencing Judge:  The Honorable Belvin Perry, Jr.

Resentencing (I and II) Judge:  The Honorable Belvin Perry, Jr.

Retrial Judge:  The Honorable Belvin Perry, Jr.

Attorneys, Trial:  Robert A. Norgard – Registry; Harvey Slovis – Pro Hac Vice

Attorney, Direct Appeal and Direct Appeal (RS I, RS II):  Robert A. Norgard – Registry

Attorney, Collateral Appeals: Edwin J. Mills – Registry

Date of Offense:  11/24/95

Date of Sentence:  07/10/98

Date of Resentence (I):  08/15/02

Date of Resentence (II):  12/28/05

Circumstances of the Offense:

On 02/25/98, Jermaine “Bugsy” LeBron was convicted of armed robbery and first-degree murder.  He received a life sentence for armed robbery and a death sentence for first-degree murder.

According to eyewitness testimony, Larry Neal Oliver was lured to a house in Osceola County, called the “Gardenia house,” where LeBron and several others lived.  LeBron offered to sell Oliver some “spinners” (accessories that are added onto the wheels of a truck) for his truck.  Shortly after Oliver arrived at the house, LeBron called him toward the bedrooms located in the back of the house.  As Oliver was entering the hallway leading to the bedrooms, LeBron forced him to lie on the ground face-down and shot him at close range at the back of the head with a sawed-off shotgun, which he called “Betsy.”  After the victim was shot, LeBron was smiling and laughing, yelling, “I did it, I did it!” describing how it felt to kill the victim, and what the victim looked like afterward.  Money, checks, and a credit card were taken from the victim, and stereo equipment was stripped from his truck.  LeBron directed the others who were present, to burn the victim’s identification papers, dispose of Oliver’s body, and clean the area where he had been shot.

Over the next several days, LeBron and the others used Oliver’s credit card, pawned his stereo equipment, and cashed his checks.  An attempt was made to burn the truck.  LeBron admitted to his former girlfriend that he had shot and killed someone.  Shortly afterwards, LeBron admitted to his then girlfriend, Christina Charbonier, that he had killed a man for his truck.  LeBron then left for New York City to go to a place called Legz Diamond, a topless bar owned by his mother.

Oliver’s body was discovered in a rural area near Disney World.  The body was visible on the road to Disney World, although it was covered with a blanket and some tree shrubs.  According to the medical examiner, Dr. Julia Martin, the trauma to the head, which incorporated the left portion of the lip, was consistent with the gunshot wound or other type of trauma, with no evidence of any abrasion around it.  The entrance of the gunshot wound was to the lower back of the head, on the right side and slightly to the right of the midline.  There was a laceration of the scalp consistent with a shot at close range.  There were no bruises on the hands consistent with defensive wounds.  Martin concluded that Oliver’s cause of death was from the gunshot wound to the head.

The others having knowledge of the event reported the murder to the police.  The witnesses claimed they followed LeBron’s directions throughout the event because he had threatened them, which made them believe that LeBron might kill them the way he killed Oliver.  Of those who came forward to report the incident, twin brothers, Joe and Mark Tocci, did not tell the complete truth concerning the extent to which members of the group had been involved in the murder.  After investigators questioned each individual separately, all of the witnesses except the Tocci brothers gave consistent statements and details, which police were able to verify with evidence.

A crime-scene investigation was conducted by the Osceola County Sheriff’s Department at the Gardenia house.  A very strong stench of dried blood was immediately detected upon entering the residence.  Investigators discovered several drops of what appeared to be dried blood in a big area where the southeast bedroom was located.   They also discovered what appeared to be blood with an unknown substance on top of it.  The search also uncovered shotguns and pellets, which were found in the other bedrooms.

After eyewitness reports were made, LeBron, who was accompanied by Stacie Kirk and Howard Kendall (who was involved in burning Oliver’s truck), were apprehended in a car parked on a street outside of Legz Diamond (in New York) and arrested on 12/05/95.  A search of their vehicle uncovered Oliver’s belongings, including an identification card attached to a planner with the name, “Larry N. Oliver.”

Police began questioning LeBron at around 3:15 a.m. on 12/06/95.  The questioning was recorded on a cassette and later played before a jury as evidence received.  During questioning, LeBron claimed he was at a former girlfriend’s house the night of the murder and repeatedly denied ever knowing Oliver.  LeBron stated, however, that it might have been possible he met Oliver that night, but he did not remember the meeting.  When asked if he noticed any blood spots or strange odors at the Gardenia house, LeBron claimed the house always had a foul smell.

During trial, eyewitnesses testified that LeBron directed the events before and after the murder of Oliver.  According to LeBron’s now former girlfriend, Charbonier, she had been receiving numerous letters written by LeBron, which declared he loved her and addressed her as his fiancée.  In the letters, LeBron allegedly referred to her testifying as an alibi witness for him, although she had testified as the State’s witness.

Codefendant Information:

Howard Kendall (DC# X03585)

Kendall was convicted of armed robbery and kidnapping (CC# 95-2379), and arson (CC# 95-2437).  He was sentenced to 11 years for each offense.  These offenses were unrelated to the case.

Stacie Kirk (DC# X04005)

Kirk was charged with first-degree murder in an unrelated case and armed robbery (CC# 95-2554).  She entered into a plea agreement with the State for a sentence of 42 months prison and two years probation in exchange for her testimony against LeBron. 

Joe Tocci

J. Tocci was not arrested for anything related directly to the murder, aside from hiding evidence related to the murder.  He received a sentence of two years house arrest followed by eight years probation.

Mark Tocci (DC# 165597)

M. Tocci was convicted of first-degree murder as an accessory and was sentenced to three years.  Tocci was tried separately for his offense (CC# 95-2350).

Additional Information:

A second count of armed robbery, attempted first-degree murder, kidnapping, and aggravated assault (with no intention to kill) was also charged in the indictment.  The first three offenses were committed on 12/02/95 in Osceola County and the fourth offense was committed on 11/01/95.  The fourth offense was tried separately.  LeBron was sentenced to death for the first three offenses (CC# 95-2368) and 3 years, 9 months for the fourth offense (CC# 95-2553).

The first trial resulted in a mistrial, based upon the trial court’s finding of a jury deadlock.  At the beginning of LeBron’s retrial, his attorney, Robert Norgard, was involved in another capital case, and, therefore, LeBron’s pretrial and guilt phase proceedings were conducted with only Harvey Slovis appearing on LeBron’s behalf.  Slovis was permitted to appear on behalf of LeBron pro hac vice in addition to undersigned counsel, Norgard.  Although Slovis conducted the majority of the venire questioning in the first trial, and was present during voir dire inquiry regarding the death penalty, Norgard assumed the lead with regard to interrogating prospective jurors concerning death penalty issues.

Prior Incarceration History in the State of Florida:

Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983)
Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
01/23/1995	COCAINE-SALE/MANUF/DELIV.	10/02/1995	ORANGE	9500888	2Y 0M 0D

Trial Summary:

10/28/96          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Armed Robbery          

02/25/98          Jury returned guilty verdicts on all counts of the indictment

02/25/98          Jury recommended death by a vote of 6-6 (hung jury)

03/03/98          Jury reconvened for retrial

03/03/98          Jury recommended death by a vote of 7-5

07/10/98          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Armed Robbery – Life

05/13/02          A new penalty-phase was conducted with a new jury panel

05/19/02          Jury recommended death by a vote of 7-5

08/15/02          Resentenced as follows:

                                    Count I:           First-Degree Murder – Death

05/16/05          New sentencing hearing begins, presided by Judge Perry

08/15/05          Jury selection launched

08/18/05          Jury recommended death by a vote of 7-5

10/20/05          Spencer hearing

12/28/05          Resentenced as follows:

                                    Count I:           First-Degree Murder – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 93,955

799 So. 2d 997

09/18/98          Appeal filed

08/30/01          FSC affirmed convictions but remanded for resentencing

09/14/01          Motion for rehearing filed

11/01/01          Rehearing denied

12/03/01          Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 01-8119

535 U.S. 1036 (2002)

02/01/02          Petition filed

04/29/02          Petition denied

Florida Supreme Court – Direct Appeal, Resentencing

FSC# 02-1956

894 So. 2d 849

08/30/02          Appeal filed

01/13/05          FSC vacated death sentence and remanded for resentencing

02/03/05          Mandate issued

Florida Supreme Court – Direct Appeal, Resentencing

FSC# 06-138

982 So.2d 649

01/27/06          Appeal filed

05/01/08          Disposition affirmed

05/23/08          Mandate issued

Circuit Court – 3.851 Motion

CC# 96-2147

(Pending)

06/19/09          3.851 Motion filed

Factors Contributing to the Delay in Imposition of Sentence:

LeBron’s sentence was vacated twice on direct appeal and remanded for resentencing.  The appeal of his death resentence to the Florida Supreme Court was pending for over two years.

Case Information:

LeBron filed a Direct Appeal to the Florida Supreme Court on 09/18/98.  On Direct Appeal, LeBron raised seven issues.  First, he claimed double jeopardy barred his retrial.  Second, LeBron claimed the trial court erred in denying his motion to continue the retrial due to the absence of attorney Norgard.  Third, he argued the trial court erred in denying his motion to recuse based upon an alleged ex parte communication between the judge and the prosecutor regarding a scheduling matter.  Fourth, LeBron claimed the trial court erred in finding the “committed while on probation” aggravator.  Fifth, he argued the trial court erred in rejecting his proposed “minor participant” mitigator.  Sixth, LeBron claimed the trial court erred in rejecting other statutory and nonstatutory mitigating factors while he had proposed.  Finally, he argued his death sentence was not proportional.  On 08/30/01, the Court affirmed his convictions but remanded the case for resentencing.  Because LeBron was 21-years-old at the time of the murder, the Court decided that the death sentence was disproportionate to a combination of LeBron’s youth, immaturity, emotional instability, physical and psychological abuse.

On 02/01/02, LeBron filed a Petition for a Writ of Certiorari to the United States Supreme Court, which was denied on 04/29/02.

LeBron filed a Direct Appeal for resentencing to the Florida Supreme Court on 08/30/02.  On 01/13/05, the Court vacated the death sentence and remanded the case to the Circuit Court for a new penalty phase for two reasons.  First, the Court determined that the trial court erred in concluding, contrary to the jury’s express findings, that the evidence established beyond a reasonable doubt that LeBron murdered Oliver.  Second, the Court determined the imposed sentence could not be premised upon a finding that LeBron was himself the shooter, since this would be contrary to the jury’s special verdicts.  A mandate was issued on 02/03/05.

On 01/27/06, LeBron filed a Direct Appeal for resentencing to the Florida Supreme Court, who affirmed the Circuit Court’s disposition on 05/01/08.  A mandate was issued on 05/23/08.

On 06/19/09, LeBron filed a 3.851 Motion in the Circuit Court.  This case is currently pending.

Institutional Adjustment:

DATE	DAYS	VIOLATION	LOCATION
09/22/98	6	UNAUTH USE OF DRUGS	FLORIDA STATE PRISON
03/28/05	0	SEX ACTS	UNION C.I.
11/23/05	180	UNAUTH USE OF DRUGS	FLORIDA STATE PRISON

________________________________________________________________________

Report Date:   01/09/06          NRC

Approved:       01/20/05          JFL

Updated:         09/28/10          EMJ