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 on for statistical or legal purposes.

 

ASAY, Mark (W/M)

DC #   078387

DOB: 03/12/64

 

Fourth Judicial Circuit, Duval County, Case #87-6876

Sentencing Judge: The Honorable L. Page Haddock

Trial Attorney: Raymond A. David – Private

Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender

Attorney, Collateral Appeal: Dale Westling, Sr. & Mary Bonner – Registry/Federal

 

Date of Offense:         07/18/87

Date of Sentence:       11/18/88

 

Circumstances of Offense:

 

During the early morning hours of 07/18/87, Mark Asay, his brother Robbie, and a friend, Bubba McQuinn headed downtown to look for prostitutes after a night of drinking and shooting pool.  Asay rode with McQuinn while his brother drove alone.  Once downtown, Asay noticed his brother talking to a black man from the window of his truck.  Asay immediately became confrontational with the man, Robert Lee Booker, despite the fact that his brother told him everything was all right.  Asay verbally attacked Booker, spouting racial slurs and escalating the situation.  Asay pulled a gun from his back pocket and shot Booker once in the stomach.  Booker fled the scene, but was later found dead in an alley with hole in his intestine and a severed artery.

 

After the shooting, Asay got back into the truck with McQuinn, while his brother drove off.  McQuinn asked Asay why he shot Booker and Asay replied, “because you got to show a nigger who is boss.”  Asay also said that he did not think he killed Booker, only frightened him.  During the continued search for prostitutes, Asay and McQuinn happened upon an acquaintance named Renee, who they knew would give them oral sex.  Apparently, Asay and McQuinn did not know that “Renee” was actually Robert McDowell dressed up as a woman.  The men negotiated a deal for oral sex and planned for McQuinn and McDowell to go into the alley while Asay remained on the lookout.  When McDowell refused to get into the truck with McQuinn, Asay grabbed him by the arm and began shooting into his chest.  McDowell was shot six times in all, and investigators reported that three of the shots could have proved fatal.  As Asay and McQuinn were driving away, Asay said McDowell had cheated him out of ten dollars on a drug deal once, and he always swore that he would get even.  Apparently Asay bragged to a friend that when negotiating the deal for oral sex, Asay planned to abduct, sexually assault, and then kill McDowell.

 

Additional Information:

 

Asay has many white supremacist tattoos on his body and reports indicated that he made numerous racist comments about the black men that he killed.

 

The defendant was on parole for burglary when he committed the murders.

 

Trial Summary:

 

08/01/87          The defendant was arrested.

08/20/87          The defendant was indicted, Circuit Court Case #87-6876

                                    Count I:           First-Degree Murder

                                    Count II:         First-Degree Murder

09/29/88          The jury found the defendant guilty on both Counts I & II.

10/28/88          Upon advisory sentencing, the trial jury, by a 9 to 3 majority, voted for the death penalty on both counts.

11/18/88          The defendant was sentenced as followed:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         First-Degree Murder - Death

 

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC #73,432

580 So. 2d 610

 

12/15/88          Appeal filed.

05/16/91          FSC affirmed the convictions and sentences of death.

06/21/91          Rehearing denied.

07/22/91          Mandate issued.

 

U.S. Supreme Court - Petition for Writ of Certiorari

USSC #91-5499

502 U.S. 895

 

08/20/91          Petition filed.

10/07/91          Petition denied.

 

State Circuit Court - 3.850 Motion

CC #87-6876

 

03/15/93          Motion filed.

11/24/93          Motion amended.

04/23/97          Motion denied.

 

Florida Supreme Court - 3.850 Appeal

FSC #90,963

769 So. 2d 974

 

07/10/97          Appeal filed.

06/29/00          Appeal denied.

10/26/00          Rehearing denied.

12/01/00          Mandate issued.

 

Florida Supreme Court - Petition for Writ of Habeas Corpus

FSC #SC01-2371

828 So.2d 985

 

10/25/01          Petition filed. 

06/13/02          Petition denied.

 

State Circuit Court - 3.850 Motion

CC #87-6876

 

10/16/02          Motion filed.

02/17/04          Motion denied.

 

Florida Supreme Court – Pro Se Petition for Writ of Habeas Corpus

FSC #SC03-2095

866 So.2d 1212

 

05/27/03          Pro se Petition filed.

01/09/04          Petition voluntarily dismissed.

 

Florida Supreme Court – 3.850 Appeal

FSC #SC04-433

892 So.2d 1011

 

03/19/04          Appeal filed.

12/20/04          Denial affirmed.

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 05-147

(Pending)

 

02/11/05          Petition filed.

07/02/09          Stayed and administratively closed pending Holland v. Florida opinion.

06/25/10          Case reopened.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-216

130 S.Ct. 495

 

08/18/09          Petition filed.

11/02/09          Petition denied

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

Asay has utilized many of his post-conviction relief options at the state level, with each motion/appeal lasting several years. Asay’s Direct Appeal took three years to reach a disposition, his 3.850 Motion was pending for four years, and his 3.850 Appeal lasted three years. 

 

Case Information:

 

On 12/15/88, Asay filed his Direct Appeal with the Florida Supreme Court.  His appeal argued that the judge erred when he failed to acquit Asay for the First Degree Premeditated Murder of Robert Lee Booker.  Asay also claimed that the court erred in finding that the murder of McDowell was committed in a “cold, calculated, and premeditated manner.”  Lastly, Asay argued that the death penalty was not a proportionate sentence for the murders.  The Supreme Court affirmed the convictions and sentences of death on 05/16/91.  The mandate was issued on 07/22/91.

 

On 08/20/91, Asay filed a Petition for Writ of Certiorari, which was denied on 10/07/91.

 

On 03/15/93, Asay filed a 3.850 Motion in the Circuit Court, which was denied on 04/23/97.

 

On 07/10/97, Asay filed a 3.850 Motion Appeal in the Florida Supreme Court.  On 06/29/00, the FSC affirmed the denial and a mandate was issued on 12/01/00.

 

On 10/25/01, Asay filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 06/13/02.

 

On 05/27/03, Asay filed a Pro se Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was subsequently dismissed on 01/09/04.

 

On 10/16/02, Asay filed a 3.850 Motion in the State Circuit Court, which was denied on 02/17/04. 

 

On 03/19/04, Asay filed a 3.850 Motion Appeal in the Florida Supreme Court, who affirmed the denial on 12/20/04.

 

On 02/11/05, Asay filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District. On 07/02/09, the USDC granted a stay and administratively closed the petition pending the decision in Holland v. Florida. On 11/02/09, the petition was reopened and is currently pending.

 

On 08/18/09, Asay filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on 11/02/09.

 

Institutional Adjustment: 

 

DATE             DAYS             VIOLATION                                     LOCATION

--------             ----                   ----------------------------                         ------------------- 

04/26/89          60                    POSS. OF NARCOTICS                   FSP

01/21/91          30                    DISRESP. TO OFFICIALS              FSP

11/22/91          30                    DISORDERLY CONDUCT             FSP

12/07/93          0                      DISRESP. TO OFFICIALS              UNION CI

12/07/93          0                      POSS. OF NARCOTICS                   UNION CI

12/23/96          0                      POSS. OF CONTRABAND              UNION CI

01/28/96          0                      DISOBEYING ORDER                    UNION CI

03/22/96          10                    DISOBEYING ORDER                    UNION CI

02/16/99          180                  REF. SUB ABUSE TEST                  UNION CI

07/19/99          0                      DISRESP. TO OFFICIALS              UNION CI

12/07/03          0                      POSS. OF CONTRABAND              UNION CI

 

________________________________________________________________________

 

10/23/01 – ew

10/25/01 – approved – ws

06/29/10 – updated – kkr