The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.

STEPHENS, Jason D. (B/M)

DOC#            124493

DOB:   03/08/74

­­­Fourth Judicial Circuit, Duval County, Case #97-9232

Sentencing Judge: The Honorable Jack M. Schemer

Attorney, Trial: R. Nichols and R. Eler – Special PublicDefenders

Attorney, Direct Appeal: Michael R. Yokan – Special PublicDefender

Attorney, Collateral Appeals:  Todd Doss – Registry

Date of Offense: 06/02/97

Date of Sentence: 04/07/98

Circumstances of Offense:

Jason D. Stephens was convicted and sentenced to death forthe murder of 3-year-old Robert Sparrow III.

On 06/02/97, Jason Stephens and several accomplices brokeinto the home of Robert Sparrow, Jr.  Stephens refused to name hisaccomplices.  Horace Cummings, however, turned himself into authorities asone of the accomplices.  The police never apprehended the otheraccomplices.  According to Stephens, he went with his accomplices,including Horace Cummings, to the Sparrow home to buy drugs, and he claimedthat they did not know about his plans to commit the robbery.

According to testimony at trial, Stephens came into the homecarrying a 9-mm firearm.  Stephens was standing next to 3-year-old RobertSparrow III and Consuelo Brown, Sparrow’s mother.  Brown confrontedStephens, who hit her in the face with the firearm.  Stephens then shot abullet into the floor to prove that the firearm was loaded and demanded moneyand marijuana.  Stephens told Robert Sparrow Jr. to give him the keys tothe blue car parked near the house, but Sparrow did not have the car keys.

Stephens told all of the hostages, which included RobertSparrow III, Robert Sparrow Jr., Consuelo Brown, Kahari Brown, Tracey Williams,Derrick Hosea Dixon and Tammy Cobb, to lie on the ground, and an unknown manheld the hostages at gunpoint while Stephens looked around the home for a roomin which to put the hostages.  Stephens chose the bathroom and made thehostages crawl to the bathroom.  David Cobb, Robert Sparrow Jr.’s halfbrother and his friend, Roderick Gardener, arrived at the home during thecommission of the robbery and were forced into the bathroom with the otherhostages.  Items taken from the men included the keys to Gardener’smother’s green Kia.

Stephens showed the hostages his ID and said that he wastaking Robert Sparrow III with him for ‘insurance.’  Stephens said that hewould leave Robert Sparrow III somewhere if he was not followed.  Stephensleft the Sparrow residence with Robert Sparrow III in the green Kia because hisaccomplices would not let him in the black car, which they had driven to theSparrow residence, with the child.  Both the black and green cars left,and they pulled over less than one mile away and left Robert Sparrow III in thecar in a sunny area around 2:30 in the afternoon.  The car was not founduntil after 9 o’clock that night.  Three-year-old Robert Sparrow III wasfound dead in the green Kia.

Stephens claimed that the Sparrow was alive when he left himin the car.  A doctor presented by the defense testified that RobertSparrow III died from hyperthermia due to being in the hot car for the extendedperiod of time.  In contrast, the medical examiner testified that Sparrowdied from asphyxiation, which included either strangulation or suffocation;however, the medical examiner could not rule out hyperthermia.

Additional Information:

Duval County Circuit Court #97-1998

On 06/18/96, two individuals picked up a prostitute and thenbought crack cocaine.  The three people drove to an area to smoke thecrack cocaine.  The prostitute noticed a red car park next to the car, andthen she heard several popping sounds and the window of the truckshattered.  She testified that one of the people, Robert Miller, wasshot.  The driver dropped the prostitute off at a gas station and thenwent to the hospital where Miller was pronounced dead.  The policedetermined that the red car belonged to Jason Stephens.  He was convictedof First-Degree Murder and sentenced to Life on 02/27/98.

Duval County Circuit Court #97-9219

On 12/03/96, Jason Stephens was a passenger in a car thatcut off another car on the road to turn into the Radio Shack parking lot. The car that had been cut off parked in front of Radio Shack, and the driverexited the car.  At this point, Jason Stephens approached the other carwith a firearm.  Stephens shot the victim who fell to the ground andattempted to crawl behind his car.  Stephens continued shooting the victimafter the man was on the ground.  On 12/05/96, the victim identified JasonStephens from a police photo line-up.  Stephens was convicted of AttemptedFirst-Degree Murder and sentenced to Life on 02/17/98.

Codefendant Information:

Horace Cummings (Duval County Circuit Court #97-9232)

Cummings was convicted of First-Degree Murder, Kidnapping, fourcounts of Robbery with a Deadly Weapon, two counts of Attempted Robbery with aDeadly Weapon, and Burglary.  Cummings was sentenced to one Life sentenceand eight 30-year sentences on 01/16/98.

Trial Summary:

08/07/97         Stephens was indicted on the following counts:

CountI:           First-DegreeMurder (Robert Sparrow III)

CountII:         Kidnapping (Robert SparrowIII)

CountIII:        Armed Robbery (Consuelo Brown)

CountIV:        Armed Robbery (Robert SparrowJr.)

CountV:         Armed Robbery (KahariGraham)

CountVI:        Armed Robbery (Derrick HoseaDixon)

CountVII:      Armed Robbery (Tracey Williams)

CountVIII:     Armed Robbery (Roderic Gardner)

CountIX:        Attempted Armed Robbery (TammyCobb)

CountX:         Attempted Armed Robbery(David Cobb)

CountXI:        Burglary

CountXII:      Aggravated Assault (Consuelo Brown)

12/08/97         Stephens pled guilty to Counts 2, 4, 6, and 8-12 of the indictment.

12/18/97         Stephens was found guilty for Counts 1 and 5 of the indictment. Stephens wasfound not guilty for Counts 3 and 7 of the indictment.

01/15/98         Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the deathpenalty.

04/07/98         Stephens was sentenced as follows:

CountI:           First-DegreeMurder (Robert Sparrow III) – Death

CountII:         Kidnapping (Robert SparrowIII) – Life, less 258 days

CountIV:        Armed Robbery (Robert SparrowJr.) – Life, less 258 days

CountV:         Armed Robbery (KahariGraham) – Life, less 258 days

CountVI:        Armed Robbery (Derrick HoseaDixon) – Life, less 258 days

CountVIII:     Armed Robbery (Roderic Gardner) – Life, less 258days

CountIX:        Attempted Armed Robbery (TammyCobb) – Life, less 258 days

CountX:         Attempted Armed Robbery(David Cobb) – Life, less 258 days

CountXI:        Burglary –15 years, less 258 days

CountXII:      Aggravated Assault (Consuelo Brown) –15years, less 258 days

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #92,987

787 So. 2d 747 (Fla. 2001)

05/13/98         Appeal filed.

03/15/01         FSC affirmed the convictions and sentences.

06/04/01         Rehearing denied.

07/05/01         Mandate issued.

United State Supreme Court – Petition for Writ ofCertiorari

USSC# 01-6198

534 U.S. 1025 (U.S. 2001)

09/10/01         Petition filed.

11/13/01         USSC denied the petition.

Circuit Court – 3.850 Motion

CC# 97-9232

10/23/02         Motion filed.

11/20/03         Evidentiary hearing held.

08/26/04         Evidentiary hearing held. 

04/29/05         Motion denied. 

Florida Supreme Court – 3.850 Appeal

FSC# 05-1301

975 So.2d 405

07/22/05         Appeal filed.

11/15/07         FSC affirmed the denial of postconviction relief.

11/30/07         Motion for Rehearing filed.

02/06/08         Rehearing denied.

02/22/08         Mandate issued.

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 06-1729

975 So.2d 405

08/30/06         Petition filed.

11/15/07         Petition denied.

11/30/07         Motion for Rehearing filed.

02/06/08         Rehearing denied.

02/22/08         Mandate issued.

United States District Court – Middle District –Petition for Writ of Habeas Corpus

USDC-M# 08-260

03/18/08         Petition filed.

03/18/11          Petition denied and dismissed with prejudice.

Factors Contributing to the Delay in Execution ofSentence

The Direct Appeal was pending nearly three years prior tobeing denied.

Case Information:

Stephens filed his Direct Appeal in the Florida SupremeCourt on 05/13/98.  The issues addressed included that the trial courterred in denying motions for a new trial, to withdraw robbery plea, for achange of venue and for a judgment of acquittal.  Stephens also arguedthat the trial court erred in evaluating mitigating and aggravatingfactors.  The Florida Supreme Court did not find errors that warrantedreversing the conviction or sentence and affirmed the conviction and sentenceon 03/15/01.  Rehearing was denied on 06/04/01.  A Mandate was issuedon 07/05/01.

Stephens filed a Petition for Writ of Certiorari on 09/10/01with the United States Supreme Court.  The petition was denied on11/13/01.

Stephens filed a 3.850 Motion with the circuit court on10/23/02.  An evidentiary hearing was held on 11/20/03.  The motionwas denied on 04/29/05.

On 07/022/05, Stephens filed 3.850 Appeal in the FloridaSupreme Court.  On 11/15/07, the Florida Supreme Court affirmed the denial  Stephens filed a Motion for Rehearing on 11/30/07 which was deniedon 02/06/08.  The Florida Supreme Court issued a mandate on 02/22/08.

On 08/30/06, Stephens filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court, which was denied 11/15/07. Stephens fileda Motion for Rehearing on 11/30/07 which was denied on 02/06/08.  TheFlorida Supreme Court issued a mandate on 02/22/08.

On 03/18/08, Stephens filed a Petition for Writ of HabeasCorpus in the United States District Court – Middle District.  Thispetition was denied and dismissed with prejudice on 03/18/11.

Institutional Adjustment:

DATE            DAYS             VIOLATION                                     LOCATION     

--------           ----                ----------------------------                 -------------------

06/27/02         0                    DISOBEYINGORDER                     UNION C.I.       

________________________________________________________________________

Report Date:   05/01/02         SQ

Approved:       08/08/02         WS

Updated:         04/19/11          EMJ