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.
JONES, David (W/M)
DC# 914949
DOB: 03/08/58
Fourth Judicial Circuit, Duval County Case # 95-1632
Sentencing Judge: The Honorable William Wilkes
Attorney, Trial: Alan Chipperfield – Assistant Public Defender
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: Harry Brody – Registry
Date of Offense: 01/31/95
Date of Sentence: 04/25/97
Circumstances of Offense:
Lori McRae left the post office where she worked at 12:35 a.m. on 01/31/95 and drove away in her red and gray Chevrolet Blazer. She called her husband to tell him that she was stopping at the Winn-Dixie on the way home. When she did not arrive at 1:45 a.m., her husband called the police.
A Walgreen’s employee, Clayton Chou, who worked at the store adjacent to the Winn-Dixie reported seeing Lori McRae approached by and engaged in a conversation by a man in the store. Chou picked Jones out of a photographic lineup. David Jones was the last person seen with Lori McRae.
On 01/31/95, a man, later identified as Jones, drove a red Blazer to an automobile detailing business and inquired about having the inside of the vehicle cleaned. The owners of the business noticed that the man had several tattoos and had scratches on his face. Later, one of the owners, Dennis Marsh, saw a picture of a red Blazer on a news report that linked the Blazer to the disappearance of McRae. Marsh telephoned police and later picked Jones out of a photographic lineup.
ATM surveillance records showed a man, later identified as Jones, withdrawing money from McRae’s account. Over a 35 hour period, 105 transactions were attempted, with 11 successful in obtaining a total of $600.
Police staked out ATMs and arrested Jones, who was driving a red Blazer whose tag number matched McRae’s Blazer. Police found trace amounts of blood in the vehicle.
On 02/21/95, after his arrest, Jones told correctional officers that he needed to talk to police, saying “I need to confess and I need to tell where the body is.” Jones confessed to the murder to correctional officers and later to Detective Parker of the Jacksonville Police Department. Jones led police to the body, which was dumped in Baker County. McRae’s body was severely decomposed, and the time of death was determined to be three weeks earlier. The cause of death was ligature strangulation with a cord. McRae’s body was bound around the legs, had bruising to the extremities, and defensive wounds.
Additional Information:
Jones was arrested and pled guilty to the Second-Degree Murder of Jasper Highsmith. The murder occurred after Jones escaped from jail, where he was being held on a Burglary charge. On 03/19/87, Jones was sentenced to a prison term of 20 years.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
01/27/1986 |
2ND DEG.MURD,DANGEROUS ACT |
03/19/1987 |
DUVAL |
8601106 |
20Y 0M 0D |
|
01/26/1986 |
BURGUNOCCSTRUC/CV OR ATT. |
03/19/1987 |
DUVAL |
8601107 |
5Y 0M 0D |
|
01/26/1986 |
BURGLARY TOOLS-POSSESS |
03/19/1987 |
DUVAL |
8601107 |
5Y 0M 0D |
Trial Summary:
02/13/97 Indicted as follows:
Count I: First-Degree Murder
Count II: Robbery
Count III: Kidnapping
03/21/97 Jury returned guilty verdicts on all counts of the indictment
04/10/97 Jury recommended death by a vote of 9-3
04/25/97 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery – 15 years
Count III: Kidnapping – Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 90,664
748 So. 2d 1012
05/30/97 Appeal filed
11/12/99 FSC affirmed convictions and sentences
01/12/00 Rehearing denied
02/17/00 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 99-8980
530 U.S. 1232
04/10/00 Petition filed
06/12/00 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 95-1632
06/12/01 Motion filed
04/28/03 Motion amended
10/27/04 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-2217
949 So. 2d 1021
11/18/04 Appeal filed
12/14/06 FSC affirmed denial of motion
02/15/07 Rehearing denied
03/05/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-1612
949 So. 2d 1021
09/06/05 Petition filed
12/14/06 FSC denied petition
03/05/07 Mandate issued
United States District Court, Middle District- Petition for Writ of Habeas Corpus
USDC #07-cv-00146
03/05/07 Petition filed
03/09/10 Petition denied
Circuit Court – 3.850 Motion
CC# 95-1632
09/21/07 Petition filed
09/16/08 Petition denied
United States Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA #
(Pending)
04/02/10 Appeal filed
United States Supreme Court – Petition for Writ of Certiorari
USSC# 10-6195
08/30/10 Petition filed
11/01/10 Petition denied
Circuit Court – Successive 3.851 Motion
CC# 95-1632
(Pending)
03/23/11 Motion filed
Factors Contributing to the Delay in Imposition of Sentence:
The United States District Court Habeas Corpus Petition has been pending since 03/05/07.
The 3.850 Motion was pending from 06/12/01 – 10/27/04.
Case Information:
Jones filed a Direct Appeal with the Florida Supreme Court on 05/30/97, citing the following errors: failing to suppress the statements to Detective Parker and correctional officers; improper comments by a State witness as to Jones’ right to remain silent; introducing irrelevant evidence of racial prejudice; failing to establish sufficient evidence of premeditation; excluding testimony of an expert on the effects of crack cocaine addiction; allowing details of the Highsmith murder into the penalty phase; refusing to allow Jones’ prior counsel to testify regarding the contents of a competency evaluation performed during the 1986 murder proceeding; failing to establish sufficient evidence to support the aggravating factor of murder to avoid arrest; denying a motion for counsel to withdraw; failing to find error in the victim impact evidence; failing to find error in the instructions on the heinous, atrocious, or cruel and felony-murder aggravating factors; and the constitutionality if the death penalty. On 11/12/99, the FSC affirmed the convictions and sentences.
Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/10/00 that was denied on 06/12/00.
Jones filed a 3.850 Motion with the Circuit Court on 06/12/01 and amended the motion on 04/28/03. The motion was denied on 10/27/04.
Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 11/18/04, raising allegations of ineffective assistance of counsel. On 12/14/06, the FSC affirmed the denial of the motion.
Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 09/06/05, raising allegations of ineffective assistance of counsel. On 12/14/06, the FSC denied the petition.
On 03/05/07, Jones filed a Petition for Writ of Habeas Corpus in the U.S. District Court, Middle District. This petition was denied on 03/09/10.
Jones filed a Successive Motion to Vacate in the Circuit Court on 09/21/07 that was denied on 09/16/08.
On 04/02/10, Jones filed a Petition for Writ of Habeas Corpus Appeal with the United States Court of Appeals, 11th Circuit. This appeal is still pending.
On 08/30/10, Jones filed a Petition for Writ of Certiorari with the United States Supreme Court. This petition was denied on 11/01/10.
On 03/23/11, Jones filed a Successive 3.851 Motion in the Circuit Court. This motion is currently pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
09/22/98 116 UNAUTH USE OF DRUGS FLORIDA STATE PRISON
10/18/98 30 POSS OF CONTRABAND FLORIDA STATE PRISON
10/16/01 180 UNAUTH USE OF DRUGS UNION C. I.
________________________________________________________________________
Report Date: 07/07/04 JFL
Approved: 07/08/04 EW
Updated: 04/18/11 CAR