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
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.
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.
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
Florida Supreme Court - Direct Appeal
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
502 U.S. 895
08/20/91 Petition filed.
10/07/91 Petition denied.
State Circuit Court - 3.850 Motion
03/15/93 Motion filed.
11/24/93 Motion amended.
04/23/97 Motion denied.
Florida Supreme Court - 3.850 Appeal
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
828 So.2d 985
10/25/01 Petition filed.
06/13/02 Petition denied.
State Circuit Court - 3.850 Motion
10/16/02 Motion filed.
02/17/04 Motion denied.
Florida Supreme Court – Pro Se Petition for Writ of Habeas Corpus
866 So.2d 1212
05/27/03 Pro se Petition filed.
01/09/04 Petition voluntarily dismissed.
Florida Supreme Court – 3.850 Appeal
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
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
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.
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.
DATE DAYS VIOLATION LOCATION
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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