The Commission on Capital Cases updates this informationregularly.  This information, however, is subject to change and may notreflect the latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.

WATTS, Tony Randall (B/M)

DC #    286020

DOB:   08/23/66

Fourth Judicial Circuit, Duval County, Case #88-11505

Sentencing Judge: The Honorable L. Page Haddock

Attorneys, Trial: Alan Chipperfield & William White –Assistant Public Defenders   

Attorney, Direct Appeal: David A. Davis – Assistant PublicDefender 

Attorney, Collateral Appeal: Frank J. Tassone, Jr. –Registry

Date of Offense: 02/18/88
Date of Sentence: 09/15/89

Circumstances of Offense:

On the morning of 02/18/88, Glenda Jurado was returning homefrom jogging when Tony Watts forced her at gunpoint towards her house. Watts informed Glenda that he was just released from prison and needed money toleave town.  Simon Jurado, Glenda’s husband, answered the door, at whichtime she told her husband that Watts had a gun and was demanding money. Simon gave Watts all the money he had, but Watts demanded more and stated thathe would kill Glenda if he didn’t get it.  In response to his threats,Simon gave Watts a piggy bank containing money.  After searching the houseWatts made Simon undress in the bathroom and told Glenda to get undressed aswell.  Watts penetrated Glenda with his finger and unsuccessfullyattempted to have sexual intercourse with her.  Upon seeing what Watts wasdoing to his wife Simon yelled and threw a chair at him.  The chairknocked Watts into the hallway.  Glenda ran from the house while the twomen struggled.  Glenda heard a shot fired and her husband scream. She also witnessed Watts run out of the house and down the street with thegun.  Simon ran out of the house but collapsed on the lawn and died. The cause of death was from the gunshot wound to Simon’s mouth, which severedan artery leading to his brain. 

In September 1988, Glenda and a neighbor who witnessed Wattsrunning from the house that day identified him as being the assailant. Watts’ baseball cap, which was found inside the Jurado’s house, contained hairsmicroscopically similar to his.  His fingerprints were also found on thedoor of the front porch.

Trial Summary:

09/29/88          The defendant was indicted on thefollowing charges:

                                    Count I:           First-DegreeMurder

                                    Count II:         ArmedBurglary with an Assault

                                    Count III:        ArmedRobbery

Count IV:        ArmedSexual Battery (Later reduced to Sexual Battery Using Physical Force)

08/03/89          Thejury found the defendant guilty of all counts in the indictment.

08/17/89          Uponadvisory sentencing, the jury, by a 7 to 5 majority, voted for the impositionof a death sentence.

09/15/89          The defendant was sentenced as followed:

                                    Count I:           First-DegreeMurder - Death

                                    Count II:         ArmedBurglary with an Assault - Life

                                    Count III:        ArmedRobbery - Life

                                    Count IV:        SexualBattery Using Physical Force - 30 Years

Prior Incarceration History in the State of Florida:

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #74,776

593 So. 2d 198

09/26/89         Appeal filed.

01/02/92         FSC affirmed the convictions and sentence of death.

03/03/92         Rehearing denied.

04/02/92         Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #91-8270

505 U.S. 1210

04/15/92         Petition filed.

06/22/92         Petition denied.

State Circuit Court – 3.850 Motion

CC #88-11505

(Pending)

09/16/93          Motion filed.

08/03/98          Amended motion filed.

05/04/99          Foundincompetent to proceed in his postconviction relief.  Competencyreevaluations are scheduled every 90 days.

10/16/08          Wattsfound incompetent and returned to DOC custody with 1-year Review Hearingscheduled.

10/15/09          Reviewhearing regarding Watt’s incompetency held

10/16/09          Defendantdeclared incompetent to proceed

10/14/10          Defendantdeclared incompetent to proceed (next review hearing scheduled 10/13/11)

Factors Contributing to the Delay in the Imposition of the Sentence:

On 05/01/00, an Interlocutory Appeal was filed in the trialcourt pursuant to Watts’ 3.850 Motion filed in 1993.  The appeal was inreference to questions raised regarding the defendant’s competency to standtrial and possible mental retardation.  Two of the mental healthprofessionals stated that they believed Watts to be competent to stand trial,while the third stated that she did not find Watts to be competent due in partto his diagnosis of mild mental retardation and the lack of understandingnecessary to assist his attorneys in the appeal process.  The trial courtfound the testimony of the first two mental health experts to be more crediblethan that of the dissenting party and declared Watts competent to standtrial.  In 1999, Watts’ attorneys filed a motion with the court todetermine his level of competence and ability to assist them throughout thecollateral appeals process.  The court ordered him to be involuntarilycommitted to the Florida State Mental Hospital (FSMH) until further notice,despite the Department of Corrections’ request to have him transferred back toDeath Row.  On 11/08/01, the Florida Supreme Court affirmed the trialcourt’s decision to have Watts remain in the custody of the FSMH until furthernotice, finding that the court did not overstep its boundaries regarding thehousing of an inmate. 

Case Information:

On 09/26/89, Watts filed a Direct Appeal in the FloridaSupreme Court.  Watts claimed that the trial court was required by section916.11(1)(d) Florida Statutes (1987) to appoint the Department of Health andRehabilitative Services (HRS) diagnosis and evaluation team for the evaluationof his mental competence and competence level to stand trial.  The FloridaSupreme Court found that the trial court did abuse its discretion; however,Watts’ attorney neglected to preserve the issue for appeal.  Watts alsoclaimed that the trial court erred in finding that he was competent to standtrial.  The defendant raised this claim because of conflicting experttestimony regarding this issue.  In his third claim, Watts contended thatthe trial court did not advise him that he had the right to represent himselfand failed to conduct a Faretta[1] inquiry when he requested anotherattorney.  Additionally, Watts claimed the court should have granted amistrial because of prosecutorial misconduct.  The statements made by the prosecutorduring closing arguments were found to have had no effect on the verdict. In reference to the penalty phase, Watts claimed that the trial court erred inconsidering his crime to have been especially heinous, atrocious orcruel.  The Florida Supreme Court agreed that this crime was notespecially heinous, atrocious or cruel but found the error to beharmless.  Watts next argued that executing a mentally retarded person wascruel and unusual punishment.  The Florida Supreme Court found that even ifit were cruel and unusual to execute the mentally retarded, Watts was found tobe competent.  The Florida Supreme Court affirmed Watts’ convictions andsentence of death on 01/02/92.        

On 04/15/92 Watts filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 06/22/92.

On 09/16/93 Watts filed a 3.850 Motion that is still pendingin the Circuit Court.  An amended motion was filed on 08/03/98.  On05/04/99, Watts was determined to be incompetent to proceed with hispostconviction relief and was committed to the Florida State MentalHospital.  Competency reevaluations are scheduled every 90 days.  On10/16/08, Watts was found incompetent.  A review hearing is scheduled for10/15/09.

On 10/15/09, a review hearing was held regarding Watt’sincompetency.  On 10/16/09, Watt’s was declared incompetent to proceed.

On 10/14/10, Watt’s was again declared incompetent toproceed.

Institutional Adjustment:  TONY WATTS DC #286020

   DATE    DAYS            VIOLATION                              LOCATION 

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

 11/16/92     15           DEST. OF ST. PROP             FLORIDASTATE PRISON

 09/05/93      0            DISRESP.TO OFFICIALS               UNIONC. I.   

 09/07/93      0            UNARMED ASSAULT                    UNIONC. I.   

 05/20/95      0            SPOKEN THREATS             UNIONC. I.   

 01/24/96      0            REF. SUB. ABUSE TEST                 UNIONC. I.   

 06/02/97      0            UNARMED ASSAULT                    UNIONC. I.   

 06/19/97      0            POSS OF CONTRABAND               UNIONC. I.   

 04/15/98      0            DISOBEYING ORDER                    UNIONC. I.   

 05/07/98      0            DISOBEYING ORDER                    UNIONC. I.   

 08/13/98    180          ESCAPE OR ATTEMPT                   UNIONC. I.   

 08/31/98      0            POSS OF CONTRABAND               UNIONC. I.   

 09/13/98      0            POSS OF CONTRABAND               UNIONC. I.   

 10/04/98      0            POSS OF CONTRABAND               UNIONC. I.   

 04/05/99      0            DISRESP.TO OFFICIALS               UNIONC. I.   

 02/17/02      0            DISOBEYING ORDER                    ZEPHYRHILLSC. I. 

 03/25/02      0            REF. SUB. ABUSE TEST                 ZEPHYRHILLSC. I. 

Report Date:   03/10/03          EW

Approved:       03/13/03          WS

Updated:         01/21/11          MJH