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.
Guardado, Jesse (W/M)
DC# 324342
DOB: 06/05/1962
First Judicial Circuit, Walton County Case # 04-00903
Sentencing Judge: The Honorable Kevin Wells
Attorney, Trial: John J Gontarek, Private
Attorney, Direct Appeal: W.C. McClain, Assistant Public Defender
Attorney, Collateral Appeals: Clyde M. Taylor, Jr. - Registry
Date of Offense: 09/13/2004
Date of Sentence: 10/13/2005
Circumstances of Offense:
Jesse Guardado met his victim Jackie Malone in 2004, shortly after he had been placed on conditional release for three separate robbery charges in Orange and Seminole Counties. Malone, a real estate broker-contractor in Walton County, not only rented a house to Guardado but also lent him money occasionally. She also helped him get a job at the local water treatment plant where he worked at the time of the crime.
On September 13, 2003, Guardado wanted to continue his recent cocaine binge and attempted to rob a local grocery store, but he was thwarted by an alert employee. He then turned his thoughts toward Malone, who trusted Guardado and lived in a secluded area. Using his girlfriend’s car for transportation, Guardado collected a metal “breaker bar” and a knife and drove to Malone’s home.
Guardado knocked on Malone’s door and identified himself, asking to use the telephone after she opened her door. When she turned away, he repeatedly struck her with the “breaker bar” about the head. After raising her arms in defense, she fell to the floor where Guardado stabbed her several times and finally slashed her throat. Guardado stated that he thought he would have killed her after the first blow from the “breaker bar”, but “[i]t just seemed not to go that way, she would not die.” Thus, he continued to hit her with the bar and resorted to stabbing her in the heart so it would be over.
After beating and stabbing her, Guardado looked through Malone’s belongings in her room and took her jewelry box, briefcase, purse and cell phone. Police caught Guardado after he cashed some of Malone’s checks and used her cell phone. Guardado confessed and pled guilty to robbery with a deadly weapon and first-degree murder.
An autopsy revealed Malone was alive until the fatal stab wound to her heart. Moreover, the victim suffered from fractures and wounds consistent with attempts to defend herself from her attacker.
Prior Incarceration History in the State of Florida:
|
Date of Offense |
Offense |
Sentence Date |
County |
Case Number |
Prison Sentence Length |
|
06/20/1989 |
ROBB. GUN/DEADLY WPN |
07/06/1990 |
ORANGE |
8905977 |
20Y 0M 0D |
|
07/03/1989 |
ROBB. NO GUN/DDLY.WPN |
01/23/1991 |
SEMINOLE |
8902454 |
15Y 0M 0D |
|
07/27/1989 |
ROBB. GUN/DEADLY WPN |
01/23/1991 |
SEMINOLE |
8902496 |
20Y 0M 0D |
|
08/14/2004 |
TRAFFIC IN STOLEN PROPERTY |
02/17/2005 |
WALTON |
0400873 |
30Y 0M 0D |
|
09/20/2004 |
FELON W/GUN/CONC.WPN/AMMO. |
02/17/2005 |
WALTON |
0400901 |
40Y 0M 0D |
|
09/19/2004 |
FELON W/GUN/CONC.WPN/AMMO. |
02/17/2005 |
WALTON |
0400902 |
40Y 0M 0D |
|
09/13/2004 |
ROBB. GUN/DEADLY WPN(ATTEMPTED) |
02/17/2005 |
WALTON |
0400920 |
40Y 0M 0D |
|
09/13/2004 |
1ST DG MUR/PREMED. OR ATT. |
10/13/2005 |
WALTON |
0400903 |
DEATH SENTENCE |
|
09/13/2004 |
ROBB. WPN-NOT DEADLY |
10/13/2005 |
WALTON |
0400903 |
30Y 0M 0D |
Trial Summary:
09/13/04 Indicted as follows:
Count I: Murder in the first degree
Count II: Robbery with a deadly weapon
09/15/05 Jury returned guilty verdicts on all counts of the indictment
09/15/05 Jury recommended death by a vote of 12-0
10/13/05 Sentenced as follows:
Count I: Murder - Death
Count II: Robbery with a deadly weapon – 30 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 05-2035
965 So.2d 108
11/19/05 Appeal filed
06/28/07 FSC affirmed convictions and sentence
09/26/07 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC #07-8094
128. U.S. 1250
01/22/08 Petition filed
02/19/08 Petition denied
Circuit Court – 3.851 Motion
CC #04-000903
(Pending)
10/13/08 Motion filed
06/01/10 Motion amended
Factors Contributing to the Delay in Imposition of Sentence:
The process appears to have taken place within a reasonable time table.
Case Information:
Jesse Guardado was indicted on Robbery with a deadly weapon and Murder charges on 09/13/04, and found guilty of those charges on 09/15/05. He was sentenced to 30 years for the robbery charges and the death penalty for the murder charges on 10/13/05.
On 11/19/05, Guardado filed a direct appeal to the Florida Supreme Court. Issued raised in this appeal included whether Guardado’s request to represent himself at the Spencer hearing was inappropriately denied, whether the HAC and CCP aggravators were sufficiently established, as well as a Ring Issue. This appeal was denied on 06/28/07, and a mandate was issued on 09/26/07.
On 01/22/08, Guardado filed a petition for writ of certiorari with the U.S. Supreme Court. The petition was denied on 02/19/08.
On 10/13/08, Guardado filed a 3.851 Motion with the state circuit court and, on 06/01/10, an amended motion was filed. This motion is pending.
________________________________________________________________________
Report Date: 10/08/07 MCL
Approved: 10/09/07 RM
Updated: 07/20/10 KKR