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 upon for statistical or legal purposes.

HAYWARD, Steven Douglas (Black/Male)

DC# 106576

DOB: 01/17/69

Nineteenth Judicial Circuit, St. Lucie County, Case #05-0463-CF-A

Sentencing Judge: The Honorable Hanes W. McCann

Attorney, Trial: Jerome Stone Udell

Attorney, Direct Appeal: Gary Caldwell – Assistant Public Defender

Attorney, Collateral Appeals: Paul Kalil – CCRC-S

Date of Offense: 02/01/05

Date of Sentence: 06/01/07

Circumstances of Offense:

Steven Douglas Hayward was convicted and sentenced to death for the murder of Daniel Destefano. Hayward was also convicted of robbery with a deadly weapon, burglary of a conveyance while armed, and possession of a firearm by a convicted felon.

After arriving at a convenience store on the early morning of February 1, 2005, Daniel Destefano began filling a vending machine with newspapers. Destefano carried a silver revolver and had a concealed weapons permit. McDowell, a resident in the nearby rooming house, heard loud noises, followed by Destefano shouting, “I don’t have no more. I don’t have no more.” Then, McDowell said he heard two gunshots, followed by one more gunshot, which was louder. After opening the door and continuing to hear, “I don’t have no more,” he saw Hayward proceeding to search a nearby car. Hayward then walked to a corner with a street light overhead. McDowell saw him examining his left hand, which was bleeding. Hayward left, and Destefano limped away.

The 911 call came in shortly after 4 a.m. from someone who had found Destefano a block away. Officer Grecco arrived at the scene before the paramedics, and, after Destefano described what had happened to the officer, he died shortly thereafter. Hayward’s girlfriend, Dorothy Smith, lived nearby and, according to her, Hayward came to her room with an injury to his hand. Hayward told her that two others had robbed and shot him. After resisting Smith’s attempts to call for medical support, even to the extent of unplugging the telephone, Hayward asked nearby neighbors to sew up his hand, but no one did. Smith heard about the shooting on TV and found a bloody ten-dollar bill of Hayward’s that he had placed in a drawer that morning. She convinced him to stay, and then Hayward sold Destefano’s silver handgun for $100.

Two days later, the police responded to a call reporting a man with a gunshot wound seeking residents to sew it up. The officers arrived at the house, and Smith answered the door. After the officers were allowed entry into the Smith residence, the officers asked Hayward if they could look at his wound. The bandage was removed. Hayward and Smith claimed that Smith had “cut” Hayward with a knife. Hayward was then escorted to a police car to talk about the “cut” and, just before entering the car, Hayward stated he had been robbed instead of being cut. Hayward was arrested at the police station.

A month or two later, the murder weapon, a black .22-caliber revolver was found hidden in a common laundry room in Smith’s rooming residence. Hayward’s blood was found inside the gun’s firing chambers. Medical Examiner Dr. Charles Diggs testified that the horizontal entry of the bullet into the thigh was consistent with Destefano standing up. Destefano was most likely kneeling as the second bullet entered his upper left chest area, traveled downward at a 45-degree angle, and came to rest in his lower intestine. Official cause of death was internal bleeding primarily caused by the second bullet.

No blood of Destefano was found at the crime scene. Hayward’s blood, however, was found at the crime scene on several items in Destefano’s car and on the door frame. Hayward’s jacket had heavy blood transfer stains, and the jacket pocket with a tear also had some blood in it. According to Criminalist Earl Ritzline, the tear provided enough room to hide two guns. Hayward’s blood transfer stains also showed up on Destefano’s back pockets. Ritzline opined that Hayward possibly pushed his bloody hand into Destefano’s pockets to search them.

The jury was allowed to hear portions of two taped telephone calls between Hayward and Smith. The conversations involved code talk to get rid of the murder weapon. The jury vote for the death penalty was (8-4).

Prior Incarceration History in the State of Florida:

^{Prior Prison History:}^{(Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983)}
^{Offense Date}	^Offense	^{Sentence Date}	^County	^{Case No.}	^{Prison Sentence Length}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602060	^{1Y 6M 0D}
^08/13/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602232	^{1Y 6M 0D}
^08/13/1986	^{BURGLARY,ARMED W/EXP. OR WEAPO}	^02/26/1987	^{ST. LUCIE}	^8602245	^{1Y 6M 0D}
^08/16/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602246	^{1Y 6M 0D}
^08/16/1986	^{GRAND THEFT,$300 LESS &20,000}	^02/26/1987	^{ST. LUCIE}	^8602246	^{1Y 6M 0D}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602415	^{1Y 6M 0D}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602060	^{5Y 0M 0D}
^08/13/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602232	^{5Y 0M 0D}
^08/13/1986	^{BURGUNOCCSTRUC/CV OR ATT.(ATTEMPTED)}	^08/02/1988	^{ST. LUCIE}	^8602245	^{5Y 0M 0D}
^08/16/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602246	^{5Y 0M 0D}
^08/16/1986	^{THEFT STATE FUNDS $20K-100K}	^08/02/1988	^{ST. LUCIE}	^8602246	^{5Y 0M 0D}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602415	^{5Y 0M 0D}
^03/01/1988	^{BURGLARY TOOLS-POSSESS}	^08/02/1988	^{ST. LUCIE}	^8800509	^{5Y 0M 0D}
^03/01/1988	^{BURGUNOCCSTRUC/CV OR ATT.(ATTEMPTED)}	^08/02/1988	^{ST. LUCIE}	^8800509	^{5Y 0M 0D}
^02/21/1988	^{2ND DEG.MURD,DANGEROUS ACT}	^08/02/1988	^{ST. LUCIE}	^8800564	^{35Y 0M 0D}
^02/21/1988	^{ROBB. GUN/DEADLY WPN}	^08/02/1988	^{ST. LUCIE}	^8800564	^{35Y 0M 0D}

Trial Summary:

03/22/05 Indicted as follows:

Count I: First-Degree Murder

Count II: Robbery

Count III: Burglary

Count IV: Possession of Firearm by Convicted Felon

03/14/07 Jury returned guilty verdicts on all counts of the indictment

03/20/07 Jury recommended death by a vote of 8-4

06/01/07 Sentenced as follows:

Count I: First-Degree Murder – Death

Count II: Robbery – Life

Count III: Burglary – Life

Count IV: Possession of Firearm by Convicted Felon – 15 years

^{Current Prison Sentence History:}
^{Offense Date}	^Offense	^{Sentence Date}	^County	^{Case No.}	^{Prison Sentence Length}
^02/01/2005	^{1ST DG MUR/PREMED. OR ATT.}	^06/01/2007	^{ST. LUCIE}	^0500463	^{DEATH SENTENCE}
^02/01/2005	^{ROBB. GUN/DEADLY WPN}	^06/01/2007	^{ST. LUCIE}	^0500463	^{SENTENCED TO LIFE}
^02/01/2005	^{BURGLARY,ARMED W/EXP. OR WEAPO}	^06/01/2007	^{ST. LUCIE}	^0500463	^{SENTENCED TO LIFE}
^02/01/2005	^{FELON W/GUN/CONC.WPN/AMMO.}	^06/01/2007	^{ST. LUCIE}	^0500463	^{15Y 0M 0D}

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 07-1234

2009 So. 3d WL 2612524 (Fla. 2009)

07/02/07 Appeal filed.
08/27/09 FSC affirmed the convictions and sentence

09/09/09 Motion for Rehearing

12/10/09 Rehearing denied

12/30/09 Mandate

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-9416

03/02/10 Petition filed.

04/26/10 Petition denied.

Case Information:

On 07/02/07, Hayward filed a Direct Appeal to the Florida Supreme Court. The following issues were raised: prosecutorial misconduct amounting to fundamental error, the statements of the murder victim to police describing his attacker were improperly admitted under the excited utterance and dying declaration hearsay exceptions, and in violation of the Confrontation Clause; and, in the penalty phase’s closing arguments, the prosecutor compared the goals, choices, and worth of the offender and defender. However, as an objection was not raised at the time, and the Florida Supreme court believed the error to be harmless and not a fundamental error requiring a new penalty phase. On 08/27/09 the Florida Supreme Court affirmed the convictions and sentence of the lower court. A motion for rehearing was submitted on 09/09/09. Rehearing was denied on 12/10/09. The Florida Supreme Court issued a mandate on 12/30/09.

On 03/02/10, Hayward filed a Petition for Writ of Certiorari to the United States Supreme Court. This petition was denied 04/26/10.

________________________________________________________________________

Report Date: 09/15/09 CAR

Approved: 10/16/09 CAR

Updated: 03/14/11 CAR