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.
GASKIN, Louis B. (B/M)
AKA: Louis B. Gaskins; Pappa
DC# 751166
DOB: 03/11/67
Seventh Judicial Circuit, Flagler County Case # 90-01
Sentencing Judge: The Honorable Kim Hammond
Attorney, Trial: Raymond Cass, Jr. – Assistant PublicDefender
Attorney, Direct Appeal: Christopher Quarles – AssistantPublic Defender
Attorney, Collateral Appeals: Robert Strain &Carol Rodriguez – CCRC-M
Date ofOffense: 12/20/89
Date of Sentence: 06/19/90
Circumstances of Offense:
On the evening of 12/20/89, Louis Gaskin spotted a light inthe Palm Coast home of Robert and Georgette Sturmfels. Gaskin parked hiscar in the woods and, with a loaded gun, approached the Sturmfels home. Gaskin saw the Sturmfels in the den and fired two shots through the window,striking Mr. Sturmfels. When Mrs. Sturmfels rose to leave the room,Gaskin shot her once and Mr. Sturmfels once more. Mrs. Sturmfels crawledinto the hallway, and when Gaskins saw her through an outside door, he shot heragain. Gaskin then pulled out a window screen, broke a window, andentered the house. He fired one more bullet into each of the Sturmfels’ headsand covered the bodies with blankets. Gaskin then burglarized the house,taking lamps, VCRs, cash, and jewelry.
Gaskin then went to the home of Joseph and Mary Rector, whomhe also found in the den of their home. While Gaskin cut their phone lines,the Rectors turned off the lights and went to bed. Gaskin threw a log androcks at the house to rouse the Rectors, and when Mr. Rector went toinvestigate the disturbance, Gaskin shot him from outside the house. TheRectors managed to escape in their car, with Gaskin firing shots at the car.
Gaskin was implicated in the crimes by Gaskin’s girlfriend’scousin, Alfonso Golden. Golden told authorities that Gaskin arrived atGolden’s home on the night of the murders to drop off some Christmas presents. Gaskin told Golden that he had “jacked” the presents and left the victims“stiff.” Golden learned of the robberies and murders after watching thenews and called the authorities to report Gaskin’s involvement in thecrimes.
Gaskin was arrested on 12/30/89 and more stolen property wasfound in a search of his home. After signing a rights-waiver form, Gaskinconfessed to the crimes and led the authorities to further evidence of thecrime in a nearby canal. The “presents” left at the Golden’s home weresubsequently identified as belonging to the Sturmfels.
Prior Incarceration History in the State of Florida:
On 06/19/90, Gaskin was sentenced to 2.5 years each for twocharges of Burglary that occurred on 06/09/88.
At the time of sentencing for the Sturmfels murders, Gaskinwas under indictment for numerous crimes. In a plea agreement with theState, whereby Gaskin avoided multiple death sentences, Gaskin pled guilty tothe following charges:
Offense | Offense | Sentence | County | Case # | Prison Sentence | | |
09/15/1989 | 1ST DEG MUR,COM.OF FELONY | 06/26/1990 | VOLUSIA | 9000068 | SENTENCED TO LIFE | | |
09/15/1989 | 1ST DEG MUR,COM.OF FELONY | 06/26/1990 | VOLUSIA | 9000068 | SENTENCED TO LIFE | | |
09/15/1989 | ROBBERY W/FIREARM OR D/WEAPON | 06/26/1990 | VOLUSIA | 9000068 | SENTENCED TO LIFE | | |
12/20/1989 | AGG ASSLT-W/WPN NO INTENT TO KILL | 08/09/1990 | FLAGLER | 9000311 | 15Y 0M 0D | | |
12/20/1989 | POSS.FIREARM BY FELON | 08/09/1990 | FLAGLER | 9000017 | 15Y 0M 0D | | |
11/20/1986 | 1ST DG MUR/PREMED. OR ATT. | 08/09/1990 | FLAGLER | 9000007 | SENTENCED TO LIFE | | |
11/20/1986 | BURGLARY,ARMED W/EXP. OR WEAPON | 08/09/1990 | FLAGLER | 9000007 | SENTENCED TO LIFE | | |
Trial Summary:
03/27/90 Indicted as follows:
Count I First-Degree Murder (Robert Sturmfels)
Count II First-Degree Murder–Felony (Robert Sturmfels)
Count III First-DegreeMurder (Georgette Sturmfels)
Count IV First-DegreeMurder–Felony (Georgette Sturmfels)
Count V ArmedRobbery (Sturmfels)
Count VI Armed Burglary(Sturmfels)
Count VII AttemptedFirst-Degree Murder (Joseph Rector)
Count VIII Attempted First-Degree Murder(Mary Rector)
Count IX Armed Robbery(Rectors)
Count X ArmedBurglary (Rectors)
06/15/90 Jury returned guilty verdicts on all counts of the indictment, except on
Count VIII, wherethe jury returned a not guilty verdict.
06/18/90 Jury recommended death sentences by two votes of 8-4
06/19/90 Sentenced as follows:
Count I First-Degree Murder – Death
Count II First-Degree Murder – Death
Count III First-DegreeMurder – Death
Count IV First-Degree Murder– Death
Count V ArmedRobbery – 30 years
CountVI Armed Burglary – LifeImprisonment
Count VII Attempted First-DegreeMurder – Life
Imprisonment
Count IX Armed Robbery –30 years
Count X ArmedBurglary – Life Imprisonment
08/09/90 State and Defense agree to resentencing on Counts V & IX.
Resentenced as follows:
Count V ArmedRobbery – Life Imprisonment
Count IX Armed Robbery –Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 76,326
591 So.2d 917
07/18/90 Appeal filed
12/05/91 Convictions and sentences affirmed and remanded in part
01/06/92 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 91-7634
505 U.S. 1216
03/16/92 Petition filed
06/29/92 USSC granted Petition and remanded case to FSC for reconsideration
Florida Supreme Court – Direct Appeal (on remand)
FSC# 76,326
615 So.2d 679
03/18/93 Convictions and sentences affirmed
04/19/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 93-5788
510 U.S. 925
08/10/93 Petition filed
10/12/93 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 90-01
03/21/95 Motion filed
01/17/97 Circuit Court denied Motion, without evidentiary hearing
Florida Supreme Court – 3.850 Motion Appeal
FSC# 90,119
737 So.2d 509
03/17/97 Appeal filed
07/01/99 FSC affirmed in part and remanded case to Circuit Court for evidentiary
hearing
08/30/99 Rehearing denied
09/29/99 Mandate issued
Circuit Court – 3.850 Motion (on remand)
CC# 90-01
04/13/00 Evidentiary hearing held
08/24/00 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 00-2025
822 So.2d 1243
09/28/00 Appeal filed
06/13/02 FSC affirmed denial of Motion
07/15/02 Mandate issued
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 03-547
06/27/03 Petition filed
03/23/06 USDC denied petition
05/01/06 COA denied
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 06-12351
494 F.3d 997
04/19/06 Appeal filed
08/03/07 Appeal denied
09/16/07 Mandate issued
Factors Contributing to the Delay in Imposition ofSentence:
On Direct Appeal, the FSC remanded the case to the CircuitCourt for reconsideration. Also, the U.S. Supreme Court grantedcertiorari in the case and remanded it to the FSC for reconsideration.
Case Information:
On 07/18/90, Gaskin filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: denial of a motion for change ofvenue; erroneously adjudicating him guilty for both felony and premeditatedmurder in each of the two deaths; failure of the court stenographer to record certainbench proceedings; impermissible comments made by the trial judge;unconstitutional capital sentencing statute; Gaskin’s absence from a firingrange demonstration; and erroneous consideration of aggravating and mitigatingcircumstances. On 12/05/91, the FSC ruled that the Circuit Courtimproperly adjudicated Gaskin guilty of both felony and premeditated murder andordered two of the death sentences vacated, leaving two death sentences intactand affirming the other convictions and sentences.
On 03/16/92, Gaskin filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was granted on 06/29/92. The USSCremanded the case to the FSC for reconsideration in light of its ruling on theconstitutionality of Florida’s heinous, atrocious, and cruel aggravatingcircumstance.
On 03/18/93, the FSC again affirmed the convictions andsentences of Gaskin.
On 08/10/93, Gaskin filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 10/12/93.
On 03/21/95, Gaskin filed a 3.850 Motion with the CircuitCourt that was denied, without evidentiary hearing, on 01/17/97.
On 03/17/97, Gaskin filed a 3.850 Motion Appeal with theFlorida Supreme Court, citing claims of ineffective assistance ofcounsel. On 07/01/99, the FSC remanded the case to the Circuit Court foran evidentiary hearing.
On 04/13/00, the Circuit Court held an evidentiary hearingand denied the 3.850 Motion on 08/24/00.
On 09/28/00, Gaskin filed a 3.850 Motion Appeal with theFlorida Supreme Court, citing issues of ineffective assistance ofcounsel. The FSC affirmed the denial of the 3.850 Motion on06/13/02.
On 06/27/03, Gaskin filed a Petition for Writ of HabeasCorpus with the U.S. District Court, Middle District of Florida that was deniedon 03/23/06. Gaskin’s Certificate of Appealability was denied on05/01/06.
On 04/19/06, Gaskin filed a Petition for Writ of HabeasCorpus Appeal with the U.S. Court of Appeals, 11th Circuit on 04/19/06. Thisappeal was denied on 08/03/07, and a mandate was issued on 09/06/07.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
01/30/91 20 DISOBEYINGORDER FLORIDA STATE PRISON
02/26/91 30 DISOBEYINGORDER FLORIDA STATE PRISON
08/31/94 0 DISOBEYINGORDER UNION C.I.
07/31/95 0 POSS OFCONTRABAND UNION C. I.
04/05/01 0 MISUSE OF STATE PROP UNION C.I.
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Report Date: 09/22/03 JFL
Approved: 10/02/03 WS
Updated: 09/25/07 MCL