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.
TROY, John (W/M)
DC# 121605
DOB: 12/05/69
Twelfth Judicial Circuit, Sarasota County Case # 01-12500
Sentencing Judge: The Honorable Lee E. Haworth
Attorney, Trial: Adam Tebrugge – Assistant Public Defender
Attorney, Direct Appeal: Steven L. Bolotin – Assistant Public Defender
Attorney, Collateral Appeals: Robert Strain & David Gemmer – CCRC-M
Date of Offense: 09/11/01
Date of Sentence: 01/23/04
Circumstances of Offense:
While in prison, John Troy became pen pals with Marilyn Brooks. The two became romantically involved and planned to live together after Troy’s release from prison. When Troy was released from prison, he and Brooks lived together at his mother’s apartment.
After he was released in July of 2001, Troy checked in with his probation officer. The officer informed him that he was required to be drug tested, and if he ever tested positive for drugs he would be sent back to prison. A drug test was scheduled for the evening of 09/11/01. On that date, Troy tested positive for cocaine. His drug counselor told him to expect to be re-incarcerated soon.
Troy returned to his residence and Brooks began to argue with him, mainly about the amount of time it took him to get back from his test. Around this time, Troy called his grandfather in Tennessee and asked for money to repair his car. Troy then left the apartment telling Brooks he was going to the local convenience store to get something to drink. Brooks claims the trip should have taken no more than 20 minutes; however, he was gone for over an hour. When he returned, Brooks confronted him about where he was and called him a liar. She angrily told him she was leaving, but Troy convinced her to stay. Troy then said he was going to go for a walk around the apartment complex. Brooks decided to just go to bed and told Troy to wake her up went he got back in. Troy never returned.
After Troy left Brooks for the last time, he went to a friend’s house to ingest cocaine – his third trip to his friend’s house that evening. He discussed with his friend his plans to go back to Tennessee and live with his grandfather. Troy left and returned to his friend’s house for a fourth time in the early hours of 09/12/01. Troy acted normal; however, he had some scratches on his face, money and a car, later determined to belong to Bonnie Carroll. Troy and his friend went to a local drug dealer and bought more cocaine, which they injected later.
A little after midnight, Troy had gone to the apartment of his neighbor – Karen Curry. He pounded on the sliding glass door of her apartment. She was startled and told him to leave. He complied and Curry immediately called the police to report what happened.
Bonnie Carroll was a neighbor of Troy’s, and they were slight acquaintances. Troy told his mother that Carroll gave him a ride to the store, and they went back to her apartment. Troy told his mother and Brooks that after he and Carroll got back to her apartment, they had drinks and smoked marijuana. According to Troy, Carroll began bad-mouthing Brooks and an argument ensued, which turned physical. Troy then tied Carroll up and gagged her.
According to a confession to police, Troy tied Carroll up with electrical cords while in Carroll’s living room. The two began fighting, eventually ending up in the bedroom, where Carroll agreed to have sex with Troy. Carroll freed her hands and again began fighting with Troy, who gagged her and then began stabbing her with broken glass and a knife. Troy thought Carroll was dead and left the room, only to hear movement in the bedroom. He then returned to the bedroom and cut her throat. Troy’s DNA (including clothing and shoes covered in Carroll’s blood) and fingerprints at the scene confirmed Troy’s involvement in Carroll’s murder.
The murder of Bonnie Carroll occurred after Troy’s encounter with Curry. Carroll’s body was found by her mother on the evening of September 12th. Carroll died from 44 stab wounds, several blunt force injuries, bruising to her face and head, and multiple defensive wounds – 54 wounds in total. She also had a piece of cloth in the back of her mouth and a portion of cloth tied loosely around her neck. Although no semen was found in or on Carroll, she had two very small areas of vascular dilation on her external genitalia, indicating attempted sexual battery.
On 09/12/01, after Troy left Carroll’s apartment, he went to visit a friend of his mother, Traci Burchette. He attacked her with a 2x4 board, took her ATM card, a jar of coins, and her car. Burchette called police and was subsequently arrested and charged for the murder of Carroll and the attack on Burchette.
Additional Information:
Troy was also incarcerated three separate times in Tennessee. In Fayetteville, he spent 5 years in prison for selling cocaine in1988. In 1992 he was incarcerated for burglary in Lincoln County and incarcerated for 3 years for aggravated assault in Hickman County in 1993. Troy was still on parole status from Tennessee when he committed the offenses on 09/11/01 in Florida.
Prior Incarceration History in the State of Florida:
|
Offense |
Offense |
Sentence |
County |
Case No. |
Length |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
07/18/90 |
ESCAMBIA |
9002324 |
4Y 6M 0D |
|
05/10/90 |
ROBB. GUN/DEADLY WPN |
07/18/90 |
ESCAMBIA |
9002325 |
4Y 6M 0D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
12/11/90 |
SANTA ROSA |
9000631 |
4Y 6M 0D |
|
05/10/90 |
ROBB. GUN/DEADLY WPN |
04/08/97 |
ESCAMBIA |
9002324 |
7Y 0M 0D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
04/08/97 |
ESCAMBIA |
9002325 |
7Y 0M 0D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
06/05/97 |
SANTA ROSA |
9000631 |
7Y 0M 0D |
Prior Community Supervision History:
|
Offense |
Offense |
Sentence |
County |
Case No. |
Length |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
07/18/90 |
ESCAMBIA |
9002324 |
10Y 0M 0D |
|
05/10/90 |
ROBB. GUN/DEADLY WPN |
07/18/90 |
ESCAMBIA |
9002325 |
10Y 0M 0D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
12/11/90 |
SANTA ROSA |
9000631 |
2Y 0M 0D |
|
05/10/90 |
ROBB. GUN/DEADLY WPN |
04/08/97 |
ESCAMBIA |
9002324 |
10Y 0M 0D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
07/18/90 |
ESCAMBIA |
9002325 |
10Y 0M 0D |
|
05/11/90 |
ROBB. WPN-NOT DEADLY (CONSPIRACY TO ATTEMPT) |
06/25/91 |
SANTA ROSA |
9000631 |
2Y 8M 16D |
|
05/10/90 |
ROBB. GUN/DEADLY WPN |
04/08/97 |
ESCAMBIA |
9002324 |
1Y 8M 16D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
04/08/97 |
ESCAMBIA |
9002325 |
1Y 8M 16D |
|
05/11/90 |
ROBB. GUN/DEADLY WPN |
06/05/97 |
SANTA ROSA |
9000321 |
1Y 8M 16D |
Trial Summary:
10/11/01 Indicted as follows:
Count I: First-Degree Murder
11/06/01 Information presented as follows:
Count IV: Attempted Sexual Battery
08/01/03 Indicted as follows:
Count II: Armed Burglary
Count III: Armed Robbery
08/21/03 Jury returned guilty verdicts on all counts of the indictment.
08/28/03 Jury recommended death by a vote of 11-1.
01/23/04 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Burglary – Life
Count III: Armed Robbery – Life
Count IV: Attempted Sexual Battery – 30 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 04-332
948 So. 2d 635
02/26/04 Appeal filed
10/19/06 FSC affirmed convictions and sentences
01/24/07 Rehearing denied
02/09/07 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-10760
127 S. Ct. 2981
04/18/07 Petition filed
06/18/07 USSC denied petition
State Circuit Court – 3.851 Motion
CC# 01-12500
06/10/08 Motion filed
03/03/09 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 09-526
03/23/09 Appeal filed
01/06/11 FSC affirmed denial of 3.851 Motion
01/21/11 Motion for Rehearing filed
03/24/11 Motion denied
04/11/11 Mandate issued
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 11-796
(Pending)
04/12/11 Petition filed
Case Information:
On 02/26/04, Troy filed a direct appeal to the Florida Supreme Court, citing the following court errors: denying voluntary intoxication to be admissible as a defense or used to show lack of intent; using insufficient circumstantial evidence to prove the charge of attempted sexual battery; failing to allow expressions of remorse or testimony regarding his remorse; allowing the introduction of a suppressed confession; excluding testimony from a witness; refusing to instruct the jury on the mitigating circumstance of psychological age; and using an unconstitutional death penalty statue and procedure. On 10/19/06, the FSC affirmed the convictions and sentences.
On 04/18/07, Troy filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/18/07.
On 06/10/08, Troy filed a 3.851 Motion for Postconviction Relief in the Circuit Court. This motion was denied on 03/03/09.
On 03/23/09, Troy filed a 3.851 Appeal in the Florida Supreme Court. The FSC affirmed the denial of the 3.851 Motion on 01/06/11. A Motion for Rehearing was filed on 01/21/11 and was denied on 03/24/11. A Mandate was issued on 04/11/11.
Troy filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District, on 04/12/11. This case is currently pending.
________________________________________________________________________
Report Date: 03/08/07 JFL
Updated: 05/04/11 EMJ