The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.
PACE, Bruce Douglas (B/M)
DC# 084643
DOB: 12/12/59
First Judicial Circuit, Santa Rosa County Case# 88CF-689
Sentencing Judge: The Honorable Ben Gordon
Attorneys, Trial: Samuel Hall & Randall Ethridge –Special Public Defenders
Attorney, Direct Appeal: W.C. McLain – AssistantPublic Defender
Attorney, Collateral Appeals: Paul Kalil – CCRC-S;Gary Printy – Registry
Date of Offense: 11/04/88
Date of Sentence: 11/16/89
Circumstances of the Offense:
On 11/04/88, Barbara Mack spoke with her father, FloydCovington, via the radio in his cab. Later that day she was unable to reach himusing the same radio. On 11/07/88, Frankie Covington, the victim’sdaughter-in-law, filed a missing person’s report with Santa Rosa Sheriff’sDepartment. The police began a search for the missing cab driver. Mr.Covington’s cab, a white Buick station wagon, was found in a wooded area. Ithad been covered with a pile of brush. The bloodstains in the cab revealed thatthe person sitting in the driver seat had been shot from the direction of thepassenger seat. The blood was found to be type O, which was consistent with Mr.Covington’s blood type. Covington had been shot twice in the chest with ashotgun while in the driver’s seat and then moved to the passenger seat. Mr.Covington’s body was found 12 miles away in another wooded area on 11/10/89.His wallet was found approximately 20 feet from the body. The medical examinertestified that Mr. Covington had been shot two to seven days prior to the daythat the body was found and that either shot alone could have been the cause ofdeath. The plastic wadding and the shells were recovered from the body.
A witness stated that he had seen, while driving on Highway87, a white station wagon taxicab around 10:30 a.m. the morning of 11/04/88.The cab was angled off the road in a grassy ditch. Due to the fact that he onlyobserved the cab for a brief time, he could not give any characteristics of thedriver, but he did report that he did not see anyone in the passenger seat.
During the night of 11/03/88, Pace spoke with his cousin,Angela Pace, about money problems that he was having. Angela quoted Pace assaying, “There’s something that I do, I hate to do, but I want to have somemoney tomorrow.” Pace never specifically stated what he was going to do, butshe knew that Pace sometimes did odd jobs for Mr. Covington.
A witness stated that she saw Mr. Covington and Pace in Mr.Covington’s taxi at approximately 9:30 a.m. on 11/04/88. Another witness statedthat she saw Pace around 12:30 to 1:00 p.m. that same day. This witness statedthat Pace did not appear wounded or upset, but his clothes were dirty.
On 11/05/88, Pace told his friend Michael Green that he hada gun that they could do some shooting with. Pace retrieved the shotgun gunfrom the bushes of an unoccupied building. Both shot the gun behind Mr. Green’smother’s house. When Pace left, he did not take the shotgun with him. While atthe house, Ms. Green had inquired about spots on Pace’s clothing. Pace repliedthat he had recently been squirrel hunting and it was squirrel blood.
Pace told his stepfather that Mr. Covington had driven himhome on the morning of 11/04/88. Because Pace did not have a key, he was forcedto enter the house through a window. Once inside he noticed that his brother’sshotgun was missing from the gun rack. Pace claimed someone appeared behind himand choked him, rendering him unconscious. Pace stated that he woke up in thewoods. He saw his brother’s shotgun and picked it up. He saw blood inside Mr.Covington’s cab. He then walked to the Green’s residence. After revealing allof this information to his stepfather, Pace voluntarily went to the sheriff’soffice.
Additional Information:
Pace was convicted of Robbery with a Firearm on 06/21/82. Hereceived nine years ten months probation, but he violated his probation on12/04/81 and was convicted of Robbery with a Firearm on 06/21/82. He was sentencedto 15 years for violating probation. He was released on 03/10/87.
Trial Summary:
12/14/88 The Defendant was indicted for the following charges:
Count I: First-Degree Murder (Floyd Covington)
Count II: Robbery with aFirearm
08/25/89 The Defendant was found guilty of all counts in the indictment
08/26/89 The jury recommended a sentence of death by a majority vote of 7 to 5.
11/16/89 The defendant was sentenced as follows:
Count I: First-Degree Murder (Floyd Covington) – Death
CountII: Robbery with a Firearm – 15years to run concurrent to Count I
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC# 75, 056
596 So. 2d 1034
11/27/90 Appeal filed
03/26/92 FSC affirmed the conviction and sentence
05/18/92 Rehearing denied
06/17/92 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 92-5217
506 U.S. 885
07/16/92 Petition filed
10/05/92 Petition denied
State Circuit Court – 3.850 Motion
CC# 88-689
10/13/93 Motion filed
06/11/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 01-1831
854 So.2d 167
08/21/01 Appeal filed
05/22/03 Denial of 3.850 Motion affirmed
09/02/03 Rehearing denied
10/02/03 Mandate issued
Florida Supreme Court – Petition for Habeas Corpus
FSC# 02-519
854 So.2d 167
03/04/02 Petition filed
05/22/03 Petition denied
09/02/03 Rehearing denied
10/02/03 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC #03-7497
540 U.S. 1153, 124 S.Ct. 1155
11/14/03 Petition filed
01/20/04 Petition denied
United States District Court, Northern District –Petition for Writ of Habeas Corpus
USDC# 04-333
09/28/04 Petition filed
10/01/07 Petition denied
11/16/07 Motion for Certificate of Appealability filed
11/20/07 Motion for Certificate of Appealability granted
United States Court of Appeals, 11thCircuit – Habeas Petition Appeal
USCA# 07-15528P
556 F.3d 1211
11/20/07 Appeal filed
02/05/09 Disposition affirmed
United States Supreme Court – Petition for Writ ofCertiorari
USSC #08-11083
06/08/09 Petition filed.
10/05/09 Petition denied.
State Circuit Court – Successive 3.851 Motion
CC# 88-689
11/30/10 Motion filed.
12/13/10 State’s Response filed.
03/23/11 Motion denied.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The 3.850 Motion was pending in the Circuit Court for eightyears.
Case Information:
Pace filed a Direct Appeal to the Florida Supreme Court on11/27/90. The issues that he raised were that the evidence presented at trialwas insufficient to convict him, the trial court erred in admitting exculpatorystatements in addition to not allowing the cross-examination of state witnessesconcerning a third shotgun shell found at the scene. The Court ruled that therewas no abuse of discretion by the trial court and the cross-examination shouldhave been allowed although the error was found to be harmless. The Court alsostated that three of the aggravating factors were supported beyond a reasonabledoubt and that the record supports the trial judge’s conclusion with regard tosentencing. The Court affirmed Pace’s conviction and sentence on 03/26/92. Therehearing was denied on 05/18/92 and the mandate was issued on 06/17/92.
Pace filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 07/16/92. The petition was denied on 10/05/92.
Pace then filed a 3.850 Motion to the Circuit Court on10/13/93. The motion was denied on 06/11/01. The Circuit Court set forth thereasons for the delay in processing the 3.850 Motion as the following: (1)Several changes in defense counsel, (2) CCR lacked funds and had too many casespending with death warrants, (3) Lack of assigned counsel due to CCR’sreorganization, (4) CCR requested a continuance for the evidentiary hearingciting lack of funds, and (5) public records requests.
On 08/21/01, Pace filed a 3.850 Appeal to the FloridaSupreme Court. In his appeal, he claimed that his trial counsel wasineffective during the guilt phase because failed present a defense ofvoluntary intoxication or pursue an insanity defense. He also claimedthat his trial counsel failed to object to comments made by the prosecutionduring the guilt phase. Pace also argued that his counsel was ineffectiveduring the penalty-phase because he did not properly investigate all mitigatingcircumstances pertaining to Pace. Pace further contended that theprosecution withheld a fingerprint smudge report as well as a written reprimandof an investigator from the case. Finally, Pace argued that certainagencies did not provide public records upon request. The Court found noreversible error in any of Pace’s claims and affirmed the trial court’s denialof his 3.850 Motion on 05/22/03. A mandate was issued on 10/02/03.
On 03/04/02, Pace filed a Petition for Writ of Habeas Corpusto the Florida Supreme Court, which was denied 05/22/03. A mandate was issuedon 10/02/03.
On 11/14/03, Pace filed a Petition for Writ of Certiorari tothe United States Supreme Court. The petition was denied on 01/20/04.
On 09/27/04, Pace filed a Petition for a Writ of HabeasCorpus to the United States District Court, Northern District which was denied10/01/07. On 11/16/07, Pace filed a Motion for Certificate ofAppealability. This motion was granted on 11/20/07.
On 11/20/07, Pace filed a Habeas Petition Appeal in theUnited States Court of Appeals, 11th Circuit. The UnitedStates Court of Appeals affirmed the lower court’s denial of Pace’s HabeasPetition on 02/05/09.
On 06/08/09, Pace filed a Petition for a Writ of Certiorarito the United States Supreme Court. This petition was denied on 10/05/09.
On 11/30/10, Pace filed a Successive 3.851 Motion in the StateCircuit Court. This motion was denied on 03/23/11.
Institutional Adjustment:
| DATE | DAYS | VIOLATION | LOCATION |
| 10/23/84 | 30 | POSS OF WEAPONS | CENTRAL OFFICE |
| 05/16/85 | 30 | THEFT | CENTRAL OFFICE |
| 11/19/86 | 15 | POSS OF NEGOTIABLES | 039 |
| 11/19/86 | 45 | DISOBEYING ORDER | 039 |
| 12/30/97 | 180 | UNAUTH USE OF DRUGS | UNION C.I. |
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Report Date: 01/28/02 NMP
Approved: 02/06/02 WS
Updated: 04/13/11 CAR