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.
KORMONDY, Johnny Shane (W/M)
DC# 200754
DOB: 05/20/72
First Judicial Circuit, Escambia County Case# 93-3302
Sentencing Judge: The Honorable Joseph Q. Tarbuck
Attorneys, Trial: T. Stitt & R. Davis – Assistant Public Defenders
Attorney, Trial (Resentencing): Glenn Arnold – Private
Attorney, Direct Appeal: Chet Kaufman – Assistant Public Defender
Attorney, Direct Appeals (Resentencing): Chet Kaufman – Assistant Public Defender
Attorney, Collateral Appeals: Michael Reiter – Registry
Date of Offense: 07/11/93
Date of Sentence: 10/7/94
Date of Resentencing: 07/07/99
Circumstances of Offense:
Kormondy was convicted of the murder of Gary McAdams, which occurred on 07/11/93.
In the early morning hours of 07/11/93, the victims, Gary McAdams and his wife Cecilia McAdams, had returned from a high school reunion. They heard a knock at their door. When Mr. McAdams opened the door, Curtis Buffkin was on the other side holding a gun. Buffkin forced his way into the house and ordered the McAdams to get down on the kitchen floor and keep their heads down. James Hazen and Johnny Kormondy then entered the house. Both Kormondy and Hazen had socks on their hands. After the three men took personal valuables from the McAdams, the phones were disconnected from the wall and the blinds were closed. At this point, one of the men took Mrs. McAdams to a bedroom in the back and forced her at gunpoint to remove her dress and to perform oral sex on him. One of the other men, described as having sandy-colored hair that hung down to his collar bone, entered the room and proceeded to rape Mrs. McAdams while the first man forced her to perform oral sex on him again. After she was taken to the kitchen, naked, and placed with her husband, one of the men took her back to the bedroom and raped her again. While he was raping her, a gunshot was fired in the front of the house. Mrs. McAdams heard one of the men yell for “Bubba” or “Buff”, and the man raping her stopped and ran to the front of the house. Mrs. McAdams left the bedroom and was walking towards the front of the house when she heard a gunshot from the bedroom. When she entered the kitchen, she saw Mr. McAdams on the floor with blood coming from the back of his head.
After the murder, Kormondy’s wife asked him to leave the family home. Kormondy left and moved in with Willie Long. Kormondy confessed to Long about the murder and admitted that he had shot Mr. McAdams but, explained it had gone off accidentally. Long went to the police because of the $50,000 reward for information.
During the trial, the medical examiner testified that Mr. McAdams’ death was caused by a contact gunshot wound, meaning the barrel of the gun was pressed to Mr. McAdams’ head.
Codefendant Information:
Curtis Buffkin (DC# 103884)
Buffkin was sentenced to life for his participation in the offense that occurred on 07/11/93 (CC# 93-3302).
James Hazen (DC# 391126)
Hazen was sentenced to life for his participation in the offense that occurred on 07/11/93 (CC# 93-3302).
Additional Information:
Kormondy, Hazen, and Buffkin were indicted on 07/27/93 and tried separately. Buffkin was offered a plea bargain by the State in return for assistance in the prosecution of Hazen and Kormondy.
The trial records are inconsistent as to the location of Hazen and Buffkin at the time of Mr. McAdams shooting. During Kormondy’s trial, Mrs. McAdams testified that Buffkin was with her in the bedroom when the shot was fired. In testimony given by Officer Hall, Kormondy told him in an unrecorded statement that Buffkin fired the fatal shot and that Hazen was in the bedroom with Mrs. McAdams. In a confession recorded for the jury, Kormondy stated again that it was Buffkin who fired the fatal shot.
During Hazen’s trial, Buffkin testified that Kormondy fired the fatal shot, and that Hazen was in the bedroom with Mrs. McAdams. Hazen testified that he was not present at the scene when the crimes occurred.
Prior Incarceration History in the State of Florida:
|
11/25/89 |
BURGUNOCCSTRUC/CV OR ATT. |
05/21/91 |
ESCAMBIA |
8906828 |
3Y 0M 0D |
|
11/25/89 |
GRAND THEFT,$300 LESS &20,000 |
05/21/91 |
ESCAMBIA |
8906828 |
3Y 0M 0D |
|
01/17/90 |
GRAND THEFT MOTOR VEHICLE |
05/21/91 |
ESCAMBIA |
9000603 |
3Y 0M 0D |
|
01/17/90 |
BURG/DWELL/OCCUP.CONVEY |
05/21/91 |
ESCAMBIA |
9000603 |
3Y 0M 0D |
|
01/06/90 |
GRAND THEFT MOTOR VEHICLE |
05/21/91 |
ESCAMBIA |
9000604 |
3Y 0M 0D |
|
02/03/90 |
GRAND THEFT MOTOR VEHICLE |
05/21/91 |
ESCAMBIA |
9001325 |
3Y 0M 0D |
|
02/03/90 |
CRIMINAL MISCHIEF/PROP.DAMAGE |
05/21/91 |
ESCAMBIA |
9001325 |
3Y 0M 0D |
|
02/03/90 |
GRAND THEFT MOTOR VEHICLE |
05/21/91 |
ESCAMBIA |
9001325 |
3Y 0M 0D |
|
02/03/90 |
BURGUNOCCSTRUC/CV OR ATT. |
05/21/91 |
ESCAMBIA |
9001325 |
3Y 0M 0D |
|
01/28/91 |
BURGUNOCCSTRUC/CV OR ATT. |
05/21/91 |
ESCAMBIA |
9100635 |
3Y 0M 0D |
|
01/28/91 |
GRAND THEFT,$300 LESS &20,000 |
05/21/91 |
ESCAMBIA |
9100635 |
3Y 0M 0D |
Trial Summary:
07/27/93 Indicted as follows:
Count I: Capital Murder
Count II: Sexual Battery
Count III: Sexual Battery
Count IV: Sexual Battery
Count V: Assault or Battery during Burglary
Count VI: Robbery with a Firearm or Weapon
07/07/94 Jury returned guilty verdicts on all counts of the indictment.
07/09/94 Jury recommended death by a vote of 8-4.
10/07/94 Sentenced as follows:
Count I: Capital Murder – Death
Count II: Sexual Battery – Life
Count III: Sexual Battery – Life
Count IV: Sexual Battery – Life
Count V: Assault or Battery during Burglary – Life
Count VI: Robbery with a Firearm or Weapon – Life
10/09/97 Florida Supreme Court remanded death sentence for new sentencing phase.
07/07/99 At resentencing jury recommended death by a vote of 8-4.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,709
703 So.2d 454
11/15/94 Appeal filed
10/09/97 Conviction affirmed and sentence remanded
12/24/97 Rehearing granted
01/23/98 Mandate issued
Florida Supreme Court – Direct Appeal (RS)
FSC# 96,197
845 So.2d 41
08/05/99 Appeal filed
02/13/03 Conviction and sentence affirmed
05/02/03 Rehearing denied and mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 03-5621
124 S.Ct. 392, 157 L.Ed.2d 283
07/28/03 Petition filed
10/14/03 Petition denied
State Circuit Court – 3.851 Motion
CC# 93-3302
08/30/04 Motion filed
06/20/05 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 05-1200
983 So.2d 418
07/06/05 Appeal filed
10/11/07 Appeal denied
10/22/07 Motion for Rehearing filed
05/23/08 Rehearing denied
06/09/08 Mandate filed
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-210
983 So.2d 418
02/06/06 Petition filed
10/11/07 Petition denied
10/22/07 Motion for Rehearing filed
05/23/08 Rehearing denied
06/09/08 Mandate filed
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 08-316
(Pending)
07/27/08 Petition filed
Factors Contributing to the Delay in Imposition of Sentence:
The Florida Supreme Court reversed Kormondy’s sentence in his original Direct Appeal and remanded the case to trial court for Kormondy to be resentenced.
Case Information:
On 11/15/94 Kormondy filed his Direct Appeal to the Florida Supreme Court. The Court found that the admission of cross-examination testimony from a co-perpetrator during the penalty phase was reversible error. On 10/09/97, the Court affirmed his conviction but remanded his sentence for resentencing.
On 08/05/99 Kormondy filed his Direct Appeal for resentencing to the Florida Supreme Court. The Court found that Kormondy’s death sentence was not disproportionate to the crime. The Court also found that the trial court did not ignore mitigating factors when imposing the death sentence, the limitation of cross-examination of Mrs. McAdams was not abuse of discretion, and that the admission of victim impact testimony was not fundamental error. On 02/13/03, the Court affirmed Kormondy’s sentence.
Kormondy filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/28/03, which was denied on 10/14/03.
On 08/30/04, Kormondy filed a 3.851 Motion to the Circuit Court, which was denied on 06/20/05.
On 07/06/05, Kormondy filed a 3.851 Appeal to the Florida Supreme Court, which was denied on 10/11/07. Kormondy filed a Motion for Rehearing on 10/22/07, which was denied on 05/23/08. The Florida Supreme Court issued a mandate in this matter on 06/09/08.
On 02/06/06, Kormondy filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 10/11/07. On 10/22/07, Kormondy filed a Motion for Rehearing in the Florida Supreme Court, which was denied on 05/23/08. The Florida Supreme Court issued a mandate in this matter on 06/09/08.
On 07/24/08, Kormondy filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District. This petition is currently pending.
Institutional Adjustments:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
07/18/03 |
60 |
DISRESP. TO OFFICIALS |
UNION C.I. |
________________________________________________________________________
Report Date: 09/02/04 KB
Approved: 09/02/04 JFL
Updated: 04/06/09 AEH