The Commission on Capital Cases updates this information regularly

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.

BOWLES, Gary Ray (W/M)

DC # 086158

DOB: 01/25/62

Fourth Judicial Circuit, Duval County, Case #94-12188

Sentencing Judge: The Honorable Jack M. Schemer

Resentencing Judge: The Honorable Jack M. Schemer

Attorneys, Sentencing: Charles Cofer & William White – Assistant Public Defenders

Attorneys, Resentencing: William White & Brian Morrisey – Assistant Public Defenders

Attorney, Direct Appeal: David A. Davis – Assistant Public Defender

Attorney, Direct Appeal Resentencing: David A. Davis – Assistant Public Defender

Attorney, Collateral Appeals: Frank Tassone, Jr. – Registry

Date of Offense: 11/16/94

Date of Sentence: 09/06/96

Date of Resentencing: 09/07/99

Circumstances of Offense:

Gary Ray Bowles was convicted and sentenced to death for the 11/16/94 murder of Walter Hinton.

Gary Bowles met Walter Hinton in November of 1994. Bowles consented to helping Hinton move some of his things from Georgia to his mobile home in Jacksonville and, in exchange, Hinton would allow Bowles to live with him there. On the evening of 11/16/94, Bowles accompanied Hinton to the train station to drop off a friend. Earlier in the evening, the three men had smoked marijuana and had a few beers. Upon returning home, Hinton went directly to sleep, but Bowles stayed up and continued to drink. Bowles later confessed that at some point during the night, he just “snapped.” Bowles went outside and retrieved a large concrete block. He brought the block inside and sat it upon the table. Moments later, he took the block into Hinton’s room and dropped it on his head as he lay sleeping. The block fractured Hinton’s cheek to his jaw. After the blow, Hinton was conscious and fell from his bed. Bowles then began to strangle him. He then stuffed toilet paper and a rag down Hinton’s throat. Medical examiners’ reports indicated that Hinton died from asphyxiation.

Bowles was arrested for the murder on 11/22/94 and subsequently confessed to the crime.

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Sentence Length
06/04/1982	AGG BATTERY INTENDED HARM	09/27/1982	HILLSBOROUGH	8206355	3Y 0M 0D
06/04/1982	SEX BAT/THREAT W/DEADLY WPN.	11/09/1987	HILLSBOROUGH	8206355	8Y 0M 0D
08/04/1990	GRAND THEFT MOTOR VEHICLE	07/18/1991	VOLUSIA	9005390	5Y 0M 0D
02/17/1991	ROBBERY N/FIREARM OR D/WEAPON	07/18/1991	VOLUSIA	9100838	4Y 0M 0D
06/07/1991	GRAND THEFT,$300 LESS &20,000	07/18/1991	VOLUSIA	9103122	5Y 0M 0D
03/14/1994	1ST DG MUR/PREMED. OR ATT.	08/06/1997	VOLUSIA	9436050	LIFE
03/14/1994	ROBBERY W/FIREARM OR D/WEAPON	08/06/1997	VOLUSIA	9436050	LIFE
03/14/1994	BURGLARY ASSAULT ANY PERSON	08/06/1997	VOLUSIA	9436050	LIFE
03/14/1994	GRAND THEFT,300 L/5,000	08/06/1997	VOLUSIA	9436050	5Y 0M 0D
05/18/1994	1ST DG MUR/PREMED. OR ATT.	10/10/1996	NASSAU	9500012	LIFE

NOTE: Although the above-referenced murders were committed prior to the instant offense, Gary Bowles was not charged with those murders until after his arrest for the murder of Walter Hinton.

Additional Information:

On 09/27/1982, Bowles was convicted of the sexual battery and aggravated sexual battery of his girlfriend at the time.

On 07/18/91, Bowles was convicted of unarmed robbery in Volusia County for pushing a woman down and stealing her purse.

On 10/10/96, Bowles was convicted of First-Degree Murder in Nassau County after killing a man in a fight outside a bar. Bowles shot the victim, strangled him and tied a towel around his mouth.

On 08/06/97, Bowles was convicted of First-Degree Murder and Armed Burglary with a Battery in Volusia County. Bowles strangled the victim and stuffed a rag in his mouth.

Trial Summary:

11/22/94 Defendant arrested.

12/08/94 Defendant indicted on the following charges:

Count I: First-Degree Murder

Count II: Robbery (nolle prossed)

05/16/96 The defendant pled guilty to First-Degree Murder.

07/18/96 Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the imposition of the death penalty.

09/06/96 The defendant was sentenced as followed:

Count I: First-Degree Murder – Death

08/27/98 The Florida Supreme Court affirmed Bowles’ conviction, but reversed his death sentence and remanded

for a new penalty phase.

05/27/99 Upon advisory sentencing, during the resentencing proceedings, the jury, by a 12 to 0 majority, voted for the

death penalty.

09/07/99 Bowles was resentenced as followed:

Count I: First-Degree Murder - Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #89,261

716 So. 2d 769

11/04/96 Appeal filed.

08/27/98 FSC affirmed Bowles’ conviction, but reversed his death sentence and remanded to the Circuit Court

for a new penalty phase.

09/28/98 Mandate issued.

Florida Supreme Court – Direct Appeal, Resentencing

FSC #96,732

804 So. 2d 1173

10/13/99 Appeal filed.

10/11/01 FSC affirmed Bowles’ sentence of death.

01/10/02 Rehearing denied in light of a revised opinion and Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #01-9716

536 U.S. 930

04/09/02 Petition filed.

06/17/02 Petition denied.

State Circuit Court – 3.851 Motion

CC #94-12188

12/09/02 Motion filed.

08/15/05 CC denied motion.

Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-2264

979 So. 2d 182

12/14/05 Appeal filed.

02/14/08 Appeal denied.

02/25/08 Motion for rehearing.

04/03/08 Rehearing denied.

04/21/08 Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 06-1666

979 So. 2d 182

08/17/06 Petition filed.

02/14/08 Petition denied.

04/21/08 Mandate issued.

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 08-791

08/08/08 Petition filed.

12/23/09 Petition denied.

United States Court of Appeals, Eleventh Circuit – Habeas Appeal

USCA# 10-10284

608 F.3d 1313

01/15/10 Habeas appeal filed

07/12/10 USCA affirmed the denial of the habeas petition

United States Supreme Court – Petition for Writ of Certiorari

USSC # 10-6587

09/16/10 Petition filed

11/29/10 Petition denied

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

The most notable source of delay in this case has been the Florida Supreme Court’s remand for resentencing in 1998.

Case Information:

On 11/04/96, Bowles filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in allowing the State to present evidence of Bowles alleged hatred of homosexual men. The victim in this case, Walter Hinton, was a homosexual man. Bowles contended that, since the state failed to establish any connection between Bowles alleged hatred of homosexual men and Hinton’s murder, such evidence was irrelevant and made the sentencing proceeding unreliable. The Florida Supreme Court agreed and reversed Bowles’ death sentence. On 08/27/98, the Florida Supreme Court remanded his case to the State Circuit Court for a new penalty phase proceeding.

Gary Bowles was resentenced to death on 09/07/99. He then filed another Direct Appeal in the Florida Supreme Court on 10/13/99. In that appeal, he argued that the trial court erred in its consideration and application of the heinous, atrocious and cruel aggravating factor, and the pecuniary gain aggravating factor. The Florida Supreme Court found substantial evidence in the record to support the trial court’s findings. Bowles also claimed that the trial court erred in failing to adequately weigh nonstatutory mitigating evidence. Upon review of the trial court’s sentencing order, the Florida Supreme Court found no error in the trial court’s ruling. Finally, Bowles argued that the trial court erred in allowing hearsay testimony about a prior violent felony conviction. The Florida Supreme Court noted that it is “appropriate” to introduce hearsay evidence of a prior felony conviction during the sentencing phase, so long as the defendant is afforded the opportunity to rebut the testimony. Just because Bowles did not rebut the testimony, did not make such evidence inadmissible. On 10/11/01, The Florida Supreme Court affirmed Bowles sentence.

Bowles next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 06/17/02.

Bowles filed a 3.851 Motion in the State Circuit Court on 12/09/02, which was denied on 08/15/05.

Bowles filed a 3.850 Motion Appeal in the Florida Supreme Court on 12/14/05, which was denied on 02/14/08.

Bowles filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 08/17/06, which was denied on 02/14/08.

Bowles filed a Petition for Writ of Habeas Corpus in the United States District Court on 08/08/08, which was denied on 12/23/09.

Bowles filed a Habeas Petition in the United States Court of Appeals on 01/15/10, which was denied on 07/12/10.

Bowles filed a Petition for Writ of Certiorari in the United States Supreme Court on 09/16/10, which was denied on 11/29/10.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

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

09/22/97 30 FIGHTING FSP

09/29/98 114 UNAUTH USE OF DRUGS UNION C. I.

07/17/00 90 SPOKEN THREATS UNION C. I.

12/07/00 86 SPOKEN THREATS UNION C. I.

12/19/00 0 POSS OF CONTRABAND UNION C. I.

05/24/04 30 POSS OF CONTRABAND UNION C. I.

10/28/05 0 DISRESP.TO OFFICIALS UNION C.I.

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01/13/03 – ew

01/14/03 – approved – ws

12/01/10 – updated – jjk