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.
AGUIRRE-JARQUIN, Clemente (H/M)
Eighteenth Judicial Circuit, Seminole County Case #04-2491
Sentencing Judge: The Honorable Judge O.H. Eaton
Attorney, Trial: Timothy Dale Caudill – Assistant Public Defender
Attorney, Direct Appeal: Christopher S. Quarles – Assistant Public Defender
Attorney, Collateral Appeals: Carol C. Rodriguez & Nathaniel Plucker – CCRC-M
Date of Offense: 06/17/04
Date of Sentence: 06/30/06
Circumstances of Offense:
Clemente Aguirre-Jarquin was convicted and sentenced to death for the murders of Cheryl Williams and Carol Bareis.
At the time of the murders, Aguirre-Jarquin was working at a restaurant as a dishwasher and prep cook. One of his duties was washing the knives. He resided in Seminole County at 117 Vagabond Way. The victims, Cheryl Williams and Carol Bareis, lived next door, along with Cheryl’s daughter, Samantha Williams. Carol was a stroke victim with partial paralysis. She was in a wheelchair most of the time.
Aguirre-Jarquin was acquainted with Cheryl, Carol, and Samantha and would occasionally visit them at their house. Samantha testified that several months before the murders she woke up at 2:00 a.m. to find Aguirre-Jarquin standing over her bed. She told him to leave, escorted him out, and locked the front door behind him. The next day she told him that he was not to enter their home at night without permission.
On June 16, 2004, Mark Van Sandt, Samantha’s boyfriend, came to visit Samantha. He arrived at approximately 7:30 p.m. He and Samantha left at approximately 11:30 p.m. to stay at Mark’s parents’ house that night.
At approximately 8:45 a.m. on June 17, 2004, Mark returned to the house to retrieve Samantha’s work clothes. He attempted to open the front door, which was usually left unlocked. He had difficulty opening the door because Cheryl’s body was blocking the entryway. Mark eventually squeezed through the doorway and called 911.
Deputies from the Seminole County Sheriff’s Department arrived on the scene. They located Cheryl’s body by the front door. They then found Carol lying dead on the floor in the living room. She was lying in a pool of blood next to her wheelchair.
A crime scene technician recovered a ten-inch chef’s knife from the crime scene. Law enforcement officers discovered that a ten-inch chef’s knife was missing from the restaurant where Aguirre-Jarquin was employed.
At approximately 11:00 a.m. on June 17, 2004, deputies came to 117 Vagabond Way and asked Aguirre-Jarquin and his two roommates if they knew anything about what happened next door. Aguirre-Jarquin told the deputies that he entered the home, saw Cheryl’s body, and attempted to revive her. After realizing she was dead, he discovered Carol’s body in the living room. He picked up the knife lying next to her body in case the killer was still in the house. After leaving the house he dropped the knife outside. He said that he did not call the police because he was an illegal Honduran immigrant and was afraid of being deported. Aguirre-Jarquin was then arrested for tampering with evidence from a crime scene, and was eventually indicted for murder.
Law enforcement officers searched Aguirre’s residence and retrieved a bag of clothing. The bag contained underwear, socks, a T-shirt, and a pair of shorts, all of which contained blood from both victims.
The autopsy revealed that Cheryl was stabbed 129 times. Carol’s body exhibited two stab wounds. The stab wounds on both victims were consistent with being caused by the chef’s knife found at the crime scene.
07/13/04 Indicted as follows:
Count I: First-Degree Murder (Cheryl Williams)
Count II: First-Degree Murder (Carol Bareis)
Count III: Burglary
02/28/06 Jury returned guilty verdicts on all counts of the indictment
03/10/06 Jury recommended death by a vote of 7-5 for Count I
03/10/06 Jury recommended death by a vote of 9-3 for Count II
06/30/06 Sentenced as follows:
Count I: First-Degree Murder − Death
Count II: First-Degree Murder – Death
Count III: Burglary − Life
Florida Supreme Court – Direct Appeal
9 So.3d 593
07/13/06 Appeal filed
03/26/09 Appeal denied
05/27/09 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
08/10/09 Petition filed
02/22/10 Petition denied
Circuit Court – 3.850 Motion
02/09/11 Motion filed
Factors Contributing to the Delay in Imposition of Sentence:
The case progression has been within acceptable time parameters.
On 07/13/06, Aguirre-Jarquin filed a direct appeal with the Florida State Supreme Court citing the following issues: newly discovered evidence; jury selection; denial of defendant’s motion for acquittal on the burglary charge; admission of inappropriate testimony; jury instructions regarding aggravating factors; inappropriate application of the HAC and “witness elimination” aggravators.
On 08/10/09, Aguirre-Jarquin filed a Petition for Writ of Certiorari with the United States Supreme Court that was denied on 02/22/10.
On 02/09/11, Aguirre-Jarquin filed a 3.850 motion in the Circuit Court. That motion is pending.
Report Date: 03/27/09 KLH
Approved: 03/27/09 KLH
Updated: 02/16/11 JJK