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.
GROOVER, Tommy S. (W/M)
DC # 088266
DOB: 04/03/58
Fourth Judicial Circuit, Duval County Case #82-1659CF
Trial Judge: The Honorable R. Hudson Olliff
Attorney, Trial: Brent D. Shore – Private
Attorney, Direct Appeal: Glenna Joyce Reeves – Assistant Public Defender
Attorney, Collateral Appeals: Martin McClain & Linda McDermott – Pro Bono
Date of Offense: 02/06/82
Date of Sentence: 02/18/83
Circumstances of Offense:
On February 6, 1982, Tommy Groover, Robert Parker and his wife Elaine Parker forced Richard Padgett to leave a nightclub, where he had been drinking with his girlfriend Nancy Sheppard. Parker was angry because Groover had supplied Padgett with drugs that Groover was selling for Parker, but Padgett had not paid for them. Padgett was taken to Parker’s junkyard and beaten; then he was taken to a wooded area and shot. His throat was cut and his body was thrown in a ditch.
Groover and the Parkers melted the barrel of the handgun, then went to a bar where they were joined by a young woman named Jody Dalton. The group departed the bar to dispose of the gun and pick up another woman, Joan Bennett, who could tell them where Sheppard lived. As the five drove in Elaine’s car toward a lake, Groover asked Dalton to perform oral sex on him and she complied. At the lake, Dalton was shot five times. Her body was anchored with concrete blocks and thrown in the lake. Bennett testified that Groover beat Dalton before shooting her. Groover later claimed Parker had shot Dalton.
The group then picked up Sheppard at her home and Billy Long at his and drove to the scene of the Padgett murder. Long was given a gun and shown Padgett’s body in the ditch. He was told that unless he killed Sheppard, he too would be killed. Upon seeing her boyfriend’s body, she fell to her knees and began crying. Long then shot her and Parker stabbed her. Parker took Sheppard’s necklace and class ring from her body before the body was thrown into the ditch with Padgett’s.
Codefendant Information:
Robert Parker was convicted of two counts of First-Degree Murder (Padgett and Sheppard) and one count of Third-Degree Murder (Dalton). The jury in 1983 recommended life sentences for both capital murder convictions. The judge followed the recommendation as to the Padgett murder, but overrode it as to the Sheppard murder and sentenced Parker to death. The defendant received a 15 year prison sentence for the Third-Degree Murder conviction. In 1994, the Florida Supreme Court vacated the death sentence and Parker was subsequently resentenced to life imprisonment without the eligibility of parole.
Elaine Parker was convicted of Second-Degree Murder for her role in the offense. She was sentenced in 1983 to 30 years imprisonment. She was released in 1990.
Billy Long was convicted of Second-Degree Murder and was sentenced in 1983 to 30 years imprisonment. He was released in 1990 and died in 1998.
Joan Bennett was convicted of Accessory After the Fact to Third-Degree Murder and was sentenced in 1983 to two years imprisonment. She was released in 1984.
Prior Incarceration History in the State of Florida:
Prior to the murders, Groover was convicted of seven misdemeanors and one felony as an adult, including aggravated assault, resisting arrest and marijuana possession. He also was convicted of attempted prison escape in 1989.
Trial Summary:
02/25/82 Indicted on the following charges:
Count I First-Degree Murder (Padgett)
Count II First-Degree Murder (Sheppard)
Count III First-Degree Murder (Dalton)
01/08/83 Defendant was found guilty of three counts of first-degree murder as
charged in the indictment.
01/11/83 Upon advisory sentencing, the jury by a majority vote recommended the
following sentences for Groover:
Count I First-Degree Murder – Life Imprisonment (Padgett)
Count II First-Degree Murder – Life Imprisonment
(Sheppard)
Count III First-Degree Murder – Death (Dalton)
02/18/83 The judge overrode the jury recommendation on one of the convictions
and sentenced Groover as follows:
Count I First-Degree Murder – Death (Padgett)
Count II First-Degree Murder – Life Imprisonment
(Sheppard)
Count III First-Degree Murder – Death (Dalton)
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC #63,375
458 So.2d 226
03/08/83 Appeal filed.
09/06/84 FSC affirmed the convictions and sentences.
11/28/84 Rehearing denied.
United States Supreme Court, Petition for Writ of Certiorari
USSC #84-6167
471 U.S. 1009
01/28/85 Petition filed.
04/01/85 Petition denied.
State Circuit Court, 3.850 Motion (I)
Circuit Court Case #82-1659-CF
06/01/86 Motion filed.
06/01/86 Motion denied.
Florida Supreme Court, Appeal of 3.850 Motion Denial
FSC #68,845
489 So.2d 15
06/02/86 Appeal filed.
06/03/86 FSC remanded to the trial court for an evidentiary hearing.
06/03/86 Mandate issued.
State Circuit Court, 3.850 Motion (On Remand)
Circuit Court Case #82-1659-CF
07/17,18/86 Evidentiary hearing
08/26/88 Trial court denied Motion.
01/26/89 Rehearing denied.
Florida Supreme Court, Appeal of 3.850 Motion Denial
FSC #73,756
574 So.2d 97
02/24/89 Appeal filed
01/03/91 FSC affirmed trial court’s denial of 3.850 Motion.
02/25/91 Rehearing denied.
02/25/91 Mandate issued.
State Circuit Court, 3.850 Motion (II)
Circuit Court Case #82-1659-CF
08/01/91 Motion filed.
09/27/91 Motion denied.
Florida Supreme Court, Appeal of 3.850 Motion Denial
FSC #79,199
640 So.2d 1077
01/08/92 Appeal filed.
05/05/94 FSC affirmed trial court’s denial of 3.850 Motion.
08/15/94 Rehearing denied.
08/15/94 Mandate issued.
United States District Court, Petition for Writ of Habeas Corpus
USDC #94-1007-CIV-J-20
(pending)
10/17/94 Petition filed.
06/01/98 Petition amended.
08/08/02 Administratively closed pending decision in FSC Bottoson/King cases.
06/23/03 Case reopened
Florida Supreme Court, Petition for Writ of Habeas Corpus
FSC #84,807
656 So.2d 424
12/02/94 Petition filed.
04/06/95 FSC denied Petition for Writ of Habeas Corpus.
06/23/95 Rehearing denied.
State Circuit Court, 3.850 Motion (III)
Circuit Court Case #82-1659-CF
12/03/94 Motion filed.
05/30/95 Motion denied.
08/28/95 Rehearing denied.
Florida Supreme Court, Appeal of 3.850 Motion Denial
FSC #86,623
703 So. 2d 1035
10/11/95 Appeal filed.
08/21/97 FSC affirmed trial court’s denial of 3.850 Motion.
01/09/98 Rehearing denied.
02/09/98 Mandate issued.
State Circuit Court, 3.850 Motion (IV)
Circuit Court Case# 82-1659-CF
(pending)
06/11/02 Motion filed
08/15/02 Motion amended
11/30/04 Motion amended
04/14/05 Motion amended
07/29/05 Motion amended
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 04-412
03/11/04 Petition filed
11/02/05 Petition denied
12/22/05 Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-1151
06/13/06 Petition filed
06/26/09 Petition denied
Death Warrant Information:
05/07/86 Governor Graham signed death warrant.
06/04/86 Scheduled execution date.
06/03/86 Florida Supreme Court granted stay of execution.
Clemency Hearing:
02/13/86 Hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
The delays in this case can be attributed to the following: A federal Petition for Habeas Corpus that has been pending since 1994, the number of 3.850 Motions filed, and Groover’s first 3.850 Motion that was in the trial court for more than two years before it was denied in 1988.
Case Information:
Groover filed a Direct Appeal with the Florida Supreme Court on 03/08/83, citing numerous trial court errors, only one of which was addressed by the FSC. The court addressed the issue raised by Groover that a statement made by Groover in a plea bargain, that was later withdrawn, should not be used as evidence of his culpability. The FSC rejected this argument and affirmed the convictions and sentences on 09/06/84. The U.S. Supreme Court denied Certiorari on 04/01/85.
Governor Graham signed a death warrant on Groover on 05/07/86.
The following month, on 06/01/86, the defendant filed a 3.850 Motion with the trial court. The court denied the Motion on the same day it was filed. On appeal, the Florida Supreme Court, on 06/03/86, stayed the execution and remanded the case for an evidentiary hearing. The trial court held a hearing on 07/17 – 07/18/86 and denied the motion on 08/26/88. On appeal, Groover claimed that his counsel was deficient for failing to seek an examination to determine his competency to stand trial. The FSC rejected the claim and affirmed on 01/03/91.
The defendant filed his second 3.850 Motion with the trial court on 08/01/91. The court denied the Motion the following month on 09/27/91. On appeal, the Florida Supreme Court found procedural bars or no merit to Groover’s four claims and addressed only two issues: that the trial court erred in failing to consider non-statutory mitigation and that the court erred by adopting the State’s proposed order denying 3.850 relief. The Supreme Court affirmed the trial court’s denial of the 3.850 Motion on 05/05/94.
Groover petitioned U.S. District Court, Middle District, for a Writ of Habeas Corpus on 10/17/94. On 08/08/02, the USDC administratively closed the case pending a decision in the FSC Bottoson/King cases. The case was reopened on 06/26/03 and is pending.
On 12/02/94, the defendant petitioned the Florida Supreme Court for a Writ of Habeas Corpus, citing ineffective assistance of counsel. The court denied the petition on 04/06/95.
Groover filed his third 3.850 Motion with the trial court on 12/03/94. The court denied the motion on 05/30/95. On appeal, Groover claimed the trial court erred in denying his claim that codefendant Parker’s resentencing to life imprisonment for the Sheppard murder should be considered in mitigation of his death sentences, that the court erred in denying him an opportunity to argue his 3.850 Motion before the court, and that the court erred in dismissing his amended 3.850 Motion. The Florida Supreme Court rejected the claims and affirmed the trial court’s denial of the 3.850 Motion on 08/21/97.
Groover filed his fourth 3.850 Motion with the trial court on 06/11/02 and amended it on 08/15/02, 11/30/04, 04/14/05, and 07/29/05. The case is pending.
Groover filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/11/04 that was denied on 11/02/05.
Groover filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/13/06 that was denied on 06/26/09.
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
06/23/88 0 POSS OF ESCAPE PARA FLORIDA STATE PRISON
06/23/88 0 DEST OF STATE PROP FLORIDA STATE PRISON
09/06/89 0 UNARMED ASSAULT FLORIDA STATE PRISON
07/29/91 0 POSS OF WEAPONS FLORIDA STATE PRISON
07/20/93 0 DEFACING STATE PROP. FLORIDA STATE PRISON
09/15/93 0 POSS OF CONTRABAND FLORIDA STATE PRISON
10/10/94 0 DISOBEYING ORDER FLORIDA STATE PRISON
10/28/94 0 POSS OF CONTRABAND FLORIDA STATE PRISON
12/27/94 0 DISOBEYING ORDER FLORIDA STATE PRISON
04/01/95 0 VERBAL DISRESPECT FLORIDA STATE PRISON
04/07/95 0 DEST OF STATE PROP FLORIDA STATE PRISON
04/14/95 0 MAIL VIOLATIONS FLORIDA STATE PRISON
05/16/95 0 POSS OF CONTRABAND FLORIDA STATE PRISON
06/17/95 0 POSS OF CONTRABAND FLORIDA STATE PRISON
02/24/96 0 POSS OF CONTRABAND UNION C.I.-MED.FAC.
04/29/97 0 FIGHTING UNION C. I.
05/26/97 0 POSS OF CONTRABAND UNION C.I.-MED.FAC.
11/04/97 0 POSS OF CONTRABAND UNION C.I.-MED.FAC.
12/04/97 0 DEFACING STATE PROP. UNION C. I.
11/27/98 0 POSS OF CONTRABAND UNION C. I.
11/27/98 0 DISRESP.TO OFFICIALS UNION C. I.
01/11/99 0 DISOBEYING ORDER UNION C. I.
01/17/99 0 POSS OF CONTRABAND UNION C. I.
01/28/99 0 POSS OF CONTRABAND UNION C. I.
02/04/99 0 POSS OF CONTRABAND UNION C. I.
02/25/99 0 POSS OF CONTRABAND UNION C. I.
03/04/99 0 POSS OF CONTRABAND UNION C. I.
04/13/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
05/29/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
07/12/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
08/16/99 90 DEST. OF STATE PROP. FLORIDA STATE PRISON
04/20/00 30 DEFACING STATE PROP. FLORIDA STATE PRISON
04/20/00 30 POSS OF CONTRABAND FLORIDA STATE PRISON
04/29/00 0 SPOKEN THREATS FLORIDA STATE PRISON
07/07/00 0 DISOBEYING ORDER FLORIDA STATE PRISON
08/10/00 0 MISUSE OF STATE PROP FLORIDA STATE PRISON
08/16/00 0 LYING TO STAFF FLORIDA STATE PRISON
10/09/00 0 POSS OF CONTRABAND FLORIDA STATE PRISON
10/20/00 0 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
10/30/00 0 POSS OF CONTRABAND FLORIDA STATE PRISON
11/13/00 0 POSS OF CONTRABAND FLORIDA STATE PRISON
01/10/01 0 POSS OF CONTRABAND FLORIDA STATE PRISON
06/30/01 0 DISOBEYING ORDER UNION C. I.
11/21/02 0 DISRESP.TO OFFICIALS UNION C. I.
05/03/05 0 POSS OF CONTRABAND UNION C. I.
________________________________________________________________
Report date: 06/15/01 TB
Approved: WHS
Updated: 09/18/09 KKR