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, Harry (B/M)
DOB: 09/04/59
Leon County Case, Second Judicial Circuit, Case # 91-1932
Sentencing Judge, Trial: The Honorable William Gary
Attorney, Trial: Gregory Cummings – Private
Attorney, Direct Appeal: James C. Banks – Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Registry
Date of Offense: 06/01/91
Date of Sentence: 11/20/92
Circumstances of Offense:
Between 6:30 and 7:30 p.m. on July 18, 1991, George Young, the victim, went to a Tallahassee liquor store. Harry Jones entered the store with Timothy Hollis while Young was talking to Archie Hamilton, his friend who worked at the liquor store. While in the store, Jones escorted an intoxicated and ill Hollis to the rest room. According to Hamilton, Jones saw Young pay cash for a half pint of gin when he returned from the rest room. Young assisted Jones in taking Hollis outside, and agreed to give Jones and Hollis a ride home. According to the testimony of several witnesses, the three men left the liquor store in Young’s red truck shortly before 7:00 p.m. Hollis’s mother said that Jones and a white-haired man, later identified as Young, dropped her son off before leaving together. A local convenience store clerk said that he saw Jones and Young together when they purchased a six-pack of beer between 7:30 and 8:00 p.m.
Young’s truck was involved in an accident at approximately 8:05 p.m. Jones, the only occupant of the vehicle, was taken to the emergency room for treatment. A detective was sent to question Jones when authorities realized that the owner of the truck was missing. Jones claimed that he paid $20 to borrow the truck from a black man in “Frenchtown.” The following day, authorities found out that Jones and Young had been seen together prior to the accident. Two officers returned to Jones’ hospital room and took a bag of clothes that was removed from Jones by hospital personnel following the accident. Law enforcement officials also took lottery tickets and cash removed from Jones’ pockets that were in the possession of hospital security.
Young’s body was found in Boat Pond on Horseshoe Plantation in Northern Leon County on June 6th. The witnesses who found Young’s body said that they had seen Jones fishing in nearby ponds on previous occasions. Expert testimony said that soil and pollen samples found on Jones’ clothes were similar to those found at Boat Pond. Additionally, the lottery tickets that were in Jones’ possession were purchased at the same time and location as the tickets found in Young’s truck.
The medical examiner reported that fresh water drowning was the cause of Young’s death. The medical examiner could not determine whether Young was conscious when he died, but he did report that Young was alive at the time he was immersed in water due to the plant material that was lodged in his throat and lungs. Young also suffered a fractured arm and several broken ribs, which were consistent with defensive injuries prior to death.
Kevin Prim, an inmate who had been housed in the medical cell with Jones, said that Jones described how he met a “guy” and tried to rob him before he held him underwater until he stopped moving. Another cellmate corroborated Prim’s testimony by stating that he overheard Jones tell Prim that he had killed a man.
Jones testified that he and Hollis drank most of the night of May 31 and continued drinking the following morning. Jones also testified that his blood alcohol level was .269 when he was taken to the hospital after the accident.
Trial Summary:
07/18/91 Defendant indicted with the following:
Count I: First-Degree Murder
Count II: Robbery
Count III: Grand Theft of a Motor Vehicle
11/13/92 Defendant found guilty on all counts
11/13/92 The jury recommended death by a vote of 10 to 2
11/20/92 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery – 30 years
Count III: Grand Theft of a Motor Vehicle – 10 years
* Note: This first trial resulted in a hung jury and a mistrial. The information above outlines the second trial.
Prior Incarceration in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
Sentence |
|
08/14/1976 |
Grand Theft |
10/27/1977 |
8 years |
|
09/22/1981 |
Robbery with Firearm or Deadly Weapon |
09/20/1982 |
3 years |
|
10/27/1981 |
Robbery with Firearm or Deadly Weapon |
09/20/1982 |
3 years |
|
12/24/1983 |
Robbery with Firearm or Deadly Weapon |
04/13/1984 |
5 years |
Community Supervision History in Florida:
|
Offense Date |
Offense |
Sentence Date |
Community Supervision Length |
|
09/13/1988 |
Resisting Officer with Violence |
03/29/1990 |
1Y 0M 0D |
|
09/16/1988 |
Battery of Law Enforcement |
02/03/1989 |
0Y 6M 0D |
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC#80,827
648 So. 2d 669
11/30/92 Appeal filed.
11/10/94 Conviction and sentence affirmed.
01/25/95 Rehearing denied.
02/24/95 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC#94-8992
515 U.S. 1147
04/21/95 Petition filed.
06/19/95 Petition denied.
Circuit Court – 3.850 Motion
CC#91-1932
03/21/97 Motion filed.
04/15/04 Evidentiary Hearing held.
09/23/05 CC denied motion.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 06-474
998 So. 2d 573
03/09/06 Appeal filed.
09/04/08 Appeal denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 07-729
998 So. 2d 573
04/20/07 Petition filed.
09/04/08 Petition denied.
Circuit Court – 3.850 Motion
CC#91-1932
06/18/07 Motion filed.
07/09/09 Motion denied.
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 09-00054
(Pending)
02/10/09 Petition filed.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 09-1560
08/24/09 Appeal filed.
10/15/10 Appeal denied.
Circuit Court – Successive 3.850 Motion
CC#91-1932
11/23/10 Motion filed.
12/13/10 State Response filed.
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 Motion was pending from 03/21/97 – 09/23/05.
Case Information:
A Direct Appeal was filed on 11/30/92. Issues that were raised included whether the trial court erred in failing to suppress evidence obtained in violation of Jones’ Fourth Amendment rights, and whether the trial court erred in allowing gruesome photographs of the victim. The Florida Supreme Court found all of the issues either harmless or without merit and affirmed the convictions and sentence of Death on 11/10/94.
A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 04/21/95 and denied on 06/19/95.
A 3.850 Motion was filed with the State Circuit Court on 03/21/97 and was denied on 09/23/05.
A 3.850 Motion Appeal was filed with the Florida Supreme Court on 03/09/06 that was denied on 09/04/08.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 04/20/07 that was denied on 09/04/08.
A 3.850 Motion was filed with the State Circuit Court on 06/18/07. This motion was denied on 07/07/09.
Jones filed a Petition for Writ of Habeas Corpus with the United States District Court on 02/10/09. This petition is pending.
A 3.850 Appeal was filed with the Florida Supreme Court on 08/24/09. This appeal was denied on 10/15/10.
A Successive 3.850 Motion was filed with the State Circuit Court on 11/23/10. 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
10/12/95 0 FIGHTING UNION C. I.
06/14/00 60 DISORDERLY CONDUCT UNION C. I.
12/02/05 30 MAIL VIOLATIONS UNION C.I.
________________________________________________________________________
Report Date: 10/28/02 cc
Updated: 04/13/11 CAR