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Last NameFirst NamePictureDC NumberAgencyCase Summary
MahnJason 271907PrivateCase Summary

Last Action

DateCourtCase NumberLast Action
12/1/2009CC93-1738Status Conference
12/17/1999CC93017383.850 Motion filed
1/23/2007CC9301738Found incompetent to proceed trial
6/7/2007CC9301738 Competency hearing to be held
10/23/2006CC9301738 (RS)Jury selection for penalty phase on Count II only
9/17/2008CC9301738 (RS)Found incompetent to stand trial; Committed to Florida State Hospital
7/29/2009CC9301738 (RS)Status Conference held
9/1/2010CC9301738 (RS)Resentenced

Current Attorney


Last Updated

2008-01-09 11:43:13.0

Case Summary
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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. 


MAHN, Jason James (W/M)

DC#    271907

DOB:  04/02/73


First Judicial Circuit, Escambia County Case# 93-1738 &93-2193

Sentencing Judge:  The Honorable Frank Bell

Attorneys, Trial:  F.T. Ratchford, Jr. & John L.Allbritton – Private

Attorney, Direct Appeal:  W.C. McLain – AssistantPublic Defender

Attorney, Collateral Appeals:  Donald Sheehan – Private


Date of Offense:  04/01/93

Date of Sentence:  02/23/94


Circumstances of Offense:


On 02/23/94, Jason James Mahn was convicted on two counts offirst-degree murder and one count of armed robbery.  He was sentenced todeath for both murders and 17 years for armed robbery.


In 1974, Mahn’s parents divorced in Wisconsin when Mahn wasjust a toddler.  After the divorce, Mahn had no further contact with hisfather, Michael Mahn.  When Mahn turned 18, he moved from Texas toPensacola, Florida, to live with his father, his father’s long-time girlfriend,Debra Shanko, and her teenage son, Anthony Shanko.  The intent of the movewas for Mahn and his father to develop a father-son relationship. 


On 04/01/93, Mahn’s father bought a car for Mahn, but laterhad to sell it because he could not afford to pay the car’s repair bills. After Mahn got off work that evening, the car was taken from Mahn and deliveredto a new owner.  At approximately 9:30 p.m., Mahn’s father left the houseto go to the Carousel Lounge. 


Mahn’s father returned home at approximately 1:00 a.m. on04/02/93.  He immediately noticed that Debra’s car was gone, the garagedoor was open, and the front door of the house was unlocked and slightlyopen.  Mr. Mahn entered the house and discovered blood stains on the floorand walls, and Debra’s body lying across the hallway.  Mr.  Mahnfound Anthony alive in his bedroom, but severely injured from multiple stabwounds.  Anthony informed Mr. Mahn that Debra was dead and that it wasMahn who was responsible.  As he was being placed in an ambulance, Anthonytold a police officer that Mahn was his assailant.  Anthony wasimmediately prepared for surgery at the hospital, but died of cardiacarrest.  According to medical examiners, Anthony’s autopsy revealed sixstab wounds, with one fatal blow to the chest.  Debra, however,essentially bled to death.


Police arrested Mahn in Oklahoma and he confessed to themurders, explaining that he acted out of hate for and frustration with hisfather.  Mahn also stated that he had used drugs at the time of the offenses. Mahn told police officers that the murders commenced around 11:00 p.m. thatevening.  He walked into Anthony’s bedroom and stabbed him with a kitchenknife.  Debra rushed into the room as Anthony’s screams were heard andMahn also stabbed her.  Mahn attempted to flee in Mr. Mahn’s car, butcould not find the keys.  Debra, who was still alive, told Mahn to takeher car and leave.  Mahn fled in Debra’s car after smashing the windowopen. He took $400 with him that he found in her bank bag in a drawer.


Additional Information:


Mahn was acquitted of two other charges, cruelty to animalsand criminal mischief. 


Trial Summary:


04/27/93         Indicted as follows:

                                   Count I:           First-DegreeMurder (Debra Shanko)

                                   Count II:         First-Degree Murder(Anthony Shanko)

                                   Count III:        ArmedRobbery          

11/16/93         Jury returned guilty verdicts on all counts of the indictment

11/17/93         Jury recommended death by a vote of 8-4

02/23/94         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         First-Degree Murder –Death

                                   Count III:        Armed Robbery – 17 years

02/22/02         Trial court found Mahn incompetent to proceed

04/22/04         Competency hearing held and Mahn still found incompetent to proceed with trial

03/30/05         Mahn was found competent to proceed

01/23/07         Trial court found Mahn incompetent to proceed trial

09/01/10            Mahn’s sentence was reduced to lifeimprisonment without eligibility of parole for 25 years for Counts I and II.

Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 83,423  

714 So. 2d 391 (1998)


03/28/94         Appeal filed

04/16/98         FSC affirmed convictions but remanded with directions that his sentence forDebra Shanko’s murder be reduced to life without eligibility for parole for 25years.  For the murder of Anthony Shanko, the FSC reversed and remandedfor a new penalty phase proceeding before a new jury.

05/01/98         Motion for rehearing filed

07/15/98         Rehearing denied

08/14/98         Mandate issued



First District Court of Appeals – Petition for Writ ofCertiorari

DCA# 99-0204

733 So. 2d 520


03/29/99         Petition filed

05/13/99         Petition denied


State Circuit Court – 3.850 Motion

CC# 93-1738


12/17/99         Motion filed

09/01/10            Sentence vacated; resentenced to life imprisonmentwith mandatory minimum of 25 years


Factors Contributing to the Delay in the Imposition ofthe Sentence:


It took over four years for the Florida Supreme Court torender a decision on the direct appeal and the case was remanded forresentencing. 


While Mahn’s 3.850 Motion was pending, Mahn filed a motionfor examination of mental competency on 09/01/00.  It took nearly fouryears for the Circuit Court to render Mahn incompetent to proceed.  On04/22/04, a competence hearing was held and Mahn was still found incompetent toproceed with the trial.  Mahn was found competent approximately one yearlater on 03/30/05.  There has been no action taken since Mahn’s filing formental competency evaluation.


On 01/23/07, the lower court found Mahn incompetent toproceed at trial. 


Case Information:


On 03/28/94, Mahn filed a Direct Appeal to the FloridaSupreme Court.  Mahn raised 12 issues.  First, he claimed the trialcourt erred in permitting restraint of the appellant during portions of thetrial by use of a remotely activated electric stun device.  Second, Mahnargued the trial court erred in submitting the charge of robbery to the jurybased on insufficient evidence.  Third, he claimed the trial court erredin finding that the murders were cold, calculated, and premeditated. Fourth, he claimed the trial court erred in finding the murders heinous,atrocious, or cruel.  Fifth, Mahn argued the trial court erred in relyingon appellant’s 1992 prior robbery conviction to support the “prior violentfelony” aggravating circumstance.  Sixth, he claimed the trial court erredin rejecting as statutory mitigators that the appellant suffered from anextreme mental or emotional disturbance at the time of the murders and that theappellant’s capacity to appreciate the criminality of his acts wassubstantially impaired.  Seventh, Mahn argued the trial court erred infailing to give sufficient weight to the appellant’s mental problems as anonstatutory, mitigating circumstance.  Eighth, he claimed the trial courterred in rejecting appellant’s drug and alcohol abuse as a nonstatutory,mitigating circumstance.  Ninth, Mahn argued the trial court erred inrejecting appellant’s age of 20 years old as a statutory or nonstatutorycircumstance.  Tenth, he argued the trial court erred in overriding thejury’s recommendation of a life sentence for the murder of Debra Shanko. Eleventh, Mahn claimed the death sentence is a disproportionate penalty in thiscase.  Finally, Mahn claimed the trial court erred in giving the standardjury instruction to define the heinous, atrocious, or cruel aggravatingcircumstance.  On 04/16/98, the Court affirmed Mahn’s first-degree murderconvictions, but remanded for a new trial for resentencing.


On Direct Appeal, the Florida Supreme Court affirmed Mahn’sfirst-degree murder convictions, but remanded the case with directions that hissentence for Debra Shanko’s murder be reduced to a life sentence witheligibility for parole for 25 years.  As for the murder of Anthony Shanko,the Court reversed the sentence and remanded the case for a new penalty-phaseproceeding before a new jury.  The Court also reversed Mahn’s armedrobbery conviction and remanded the case to the trial court with directions toenter a judgment of conviction for grand theft on that count and to sentenceMahn accordingly.


Mahn filed a Petition for Writ of Certiorari to the 1stDistrict Court of Appeals on 03/29/99, which was denied on 05/13/99.


On 12/17/99, Mahn filed a 3.850 Motion to the Circuit Court.On 09/01/10, Mahn was resentenced to life imprisonment with a mandatory minimumof 25 years on Counts I and II.


Institutional Adjustment:


DATE            DAYS            VIOLATION                                    LOCATION      

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

07/19/98         0                     DISORDERLY CONDUCT            UNION C. I.

07/22/98         0                     DISOBEYINGORDER                   UNION C. I.

08/20/00         360                 ARSON ORATTEMPT                   UNION C. I.

08/20/00         60                   DISOBEYING ORDER                   UNION C. I.

09/14/00         30                   FIGHTING                                        UNION C. I.

09/15/00         60                   DISORDERLY CONDUCT            UNION C. I.

09/23/00         60                   DISORDERLY CONDUCT            UNION C. I.

09/28/00         180                 UNARMEDASSAULT                   UNION C. I.

09/29/00         60                   DISOBEYING ORDER                   UNION C. I.

10/02/00         60                   DISORDERLY CONDUCT            UNION C. I.

10/06/00         60                   DISORDERLYCONDUCT            UNION C. I.

10/10/00         90                   SPOKEN THREATS                        UNION C. I.

10/10/00         30                   DEFACING STATE PROP.             UNION C. I.

11/17/00         37                   DISOBEYINGORDER                   UNION C. I.

11/25/00         0                     DISOBEYING ORDER                   UNION C. I.        

11/26/00         0                     DISOBEYING ORDER                   UNION C. I.        

11/27/00         0                     DISOBEYING ORDER                   UNION C. I.        

12/01/00         0                     POSS OF WEAPONS                      UNION C. I.        

01/24/01         0                     FAIL.PERSONALHYG.                 UNION C. I.         

02/22/01         0                     FAILURE TO COMPLY                 UNION C. I.        

03/09/01         0                     DISORDERLY CONDUCT            UNION C. I.        

03/09/01         0                     DISOBEYING ORDER                   UNION C. I.        

03/12/01         60                   DISOBEYING ORDER                   UNION C. I.        

03/12/01         60                   DISOBEYING ORDER                   UNION C. I.        

03/14/01         180                 DEST. OF ST.PROP.                       UNION C. I.        

05/09/01         0                     DISORDERLY CONDUCT            UNION C. I.        

06/11/01         0                     ASSAULTS ORATTEMPT             UNION C. I.

07/13/01         0                     FAILURE TO COMPLY                 UNION C. I.

01/06/02         180                 UNARMEDASSAULT                   UNION C. I.

03/07/02         0                     DISORDERLYCONDUCT            UNION C. I.      




Report Date:  11/18/04          NRC

Approved:      11/18/04          JFL

Updated:         09/09/10         EMJ