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Allred, Andrew R. (White/Male)
DC# 130930
DOB: 08/25/86
Eighteenth Judicial Circuit, Seminole County Case # 07-04890
Sentencing Judge: The Honorable O. H. Eaton Jr.
Attorney, Trial: Tim Caudill – Public Defender’s Office
Attorney, Direct Appeal: Christopher Sinclair Quarles – Public Defender’s Office
Attorney, Collateral Appeals: (TBA)
Date of Offense: 09/24/07
Date of Sentence: 11/19/08
Circumstances of Offense:
On 08/25/07, Andrew Allred hosted a party at his home to celebrate his 21st birthday. Allred’s girlfriend, Tiffany Barwick, and his best friend, Michael Ruschak, attended the party. Barwick had been living with Allred at his family’s home for several months. Their relationship came to an abrupt end that night and Barwick demanded that Allred give her back her belongings. Allred, in response to her demand, began throwing Barwick’s belongings over the property’s fence. The police responded to a call about this incident and ordered Allred to stop, but did not arrest him. A few days later, Allred purchased a .45-caliber handgun. Due to the legal waiting period, he did not take possession of the weapon until 09/07/07. On that day, Allred used pictures of Barwick for target practice and e-mailed a photo of the bullet-riddled pictures to her.
In the days shortly before the murders, Allred learned that Ruschak and Barwick had sexual intercourse. Allred began sending threatening messages to both. He also discussed his feelings of anger with a friend, Michael Siler. In an instant message exchange, Allred commented that he needed to start killing people. On 09/23/07, the day before the murders, Allred sent numerous messages specifically threatening Ruschak’s life. He also informed Barwick that he had hacked into her computer and had tampered with many of her files, including her bank account.
On the day of the murders, Allred was fired from his job. That evening, Allred and Siler went to dinner. They talked about work and other subjects, but Siler testified that Allred was despondent and often shrugged in response to questions. The thought that Allred might be suicidal crossed Siler’s mind. On the way home from dinner, Allred stopped to buy beer but did not drink any that night. When he got home, Allred contacted Ruschak and informed him that he was coming over. He knew Barwick would be with Ruschak. Allred picked up the handgun he had recently purchased and drove his truck to Ruschak’s house. At approximately 10:00 p.m. on 09/24/07, one of Ruschak’s neighbors saw a large black truck repeatedly crashing into a white car and called 911. The neighbor then observed the driver of the truck bang on Ruschak’s front door and walk around the side of the house.
At the time of the murders, Ruschak was living in the home of his friend Eric Roberts. Ruschak and Roberts had friends over that evening to watch a popular television program. Shortly after the guests had arrived, Ruschak told everyone that Allred was coming over. Hearing this news put Barwick “in full panic mode.” Soon after, guests in the living room heard a loud sound outside. Ruschak looked out front and saw that Allred had arrived. He quickly locked the front door just before Allred began banging on it and loudly demanding to be let in.
Unable to enter the house through the front door, Allred went to the back of the house, where the guests had assembled in the living room. After banging on the sliding glass door, Allred fired a shot into it, shattering the glass. He entered the house and said nothing. After seeing Ruschak peer around a corner, Allred walked past Roberts into the kitchen and shot Ruschak several times. At this point, Roberts grabbed Allred from behind and asked him what he was doing. After a struggle, Allred shot Roberts in the leg. Roberts escaped out the shattered back door and ran to a neighbor’s house to get help.
At this point, most of the other guests had escaped and the only individuals left in the house were Allred, Barwick and Kathryn Cochran. Barwick hid in the hall bathroom at the front of the house, while Cochran hid in the master bathroom. While standing in the bathtub, Barwick placed a 911 call. The call was cut short as Allred entered the bathroom and, without saying a word, fired multiple shots into her. Barwick collapsed in the tub and died.
Allred then left the crime scene and called 911. He reported he had killed two people and threatened to commit suicide. When Deputy Sheriff David Kohn arrived at Allred’s home, Allred was standing at the end of the driveway with his cell phone in his hand. His gun was on the ground. Allred told the officer, “I’m the guy you’re looking for.” Allred was then turned over to the Oviedo Police Department for questioning.
Trial Summary:
10/23/07 Indicted as follows:
Count I: First-degree murder
Count II: First-degree murder
Count III: Armed burglary
Count IV: Aggravated battery with a deadly weapon
Count V: Criminal mischief/property damage
09/22/08 Allred waived his right to a jury trial and was found guilty of all counts by Judge Eaton
11/19/08 Sentenced as follows:
Count I: First-degree murder – Death
Count II: First-degree murder – Death
Count III: Armed burglary – Life
Count IV: Aggravated battery with a deadly weapon – Life
Count V: Criminal mischief/property damage – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 08-2354
12/15/08 Appeal filed
12/16/10 Convictions and sentences affirmed
01/03/11 Motion for rehearing
03/02/11 Motion for rehearing denied
03/18/11 Mandate issued
Case Information:
On 12/15/08, Allred filed a direct appeal with the Florida Supreme Court, in which he raised the following issues: (1) the cold, calculated, and premeditated aggravator does not apply, (2) the heinous, atrocious, and cruel aggravator does not apply, (3) the mitigating factors were not given sufficient weight, (4) the voluntariness of his guilty plea, and (5) the proportionality of his death sentence. Upon consideration of these issues, the Florida Supreme Court affirmed Allred’s convictions and sentences on 12/16/10. On 01/03/11, Allred filed a motion for rehearing in the Florida Supreme Court that was denied on 03/02/11. The Florida Supreme Court issued a mandate on 03/18/11.
Institutional Adjustment:
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Report Date: 01/19/11 JJK
Approved: 01/19/11 RM
Updated: 03/29/11 JJK