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 on for statistical or legal purposes.
ASAY, Mark (W/M)
DC # 078387
DOB: 03/12/64
Fourth Judicial Circuit, Duval County, Case #87-6876
Sentencing Judge: The Honorable L. Page Haddock
Trial Attorney: Raymond A. David – Private
Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender
Attorney, Collateral Appeal: Dale Westling, Sr. & MaryBonner – Registry/Federal
Date of Offense: 07/18/87
Date of Sentence: 11/18/88
Circumstances of Offense:
During the early morning hours of 07/18/87, Mark Asay, hisbrother Robbie, and a friend, Bubba McQuinn headed downtown to look forprostitutes after a night of drinking and shooting pool. Asay rode withMcQuinn while his brother drove alone. Once downtown, Asay noticed hisbrother talking to a black man from the window of his truck. Asayimmediately became confrontational with the man, Robert Lee Booker, despite thefact that his brother told him everything was all right. Asay verballyattacked Booker, spouting racial slurs and escalating the situation. Asaypulled a gun from his back pocket and shot Booker once in the stomach. Booker fled the scene, but was later found dead in an alley with hole in hisintestine and a severed artery.
After the shooting, Asay got back into the truck withMcQuinn, while his brother drove off. McQuinn asked Asay why he shotBooker and Asay replied, “because you got to show a nigger who is boss.” Asay also said that he did not think he killed Booker, only frightenedhim. During the continued search for prostitutes, Asay and McQuinnhappened upon an acquaintance named Renee, who they knew would give them oralsex. Apparently, Asay and McQuinn did not know that “Renee” was actuallyRobert McDowell dressed up as a woman. The men negotiated a deal for oralsex and planned for McQuinn and McDowell to go into the alley while Asayremained on the lookout. When McDowell refused to get into the truck withMcQuinn, Asay grabbed him by the arm and began shooting into his chest. McDowell was shot six times in all, and investigators reported that three ofthe shots could have proved fatal. As Asay and McQuinn were driving away,Asay said McDowell had cheated him out of ten dollars on a drug deal once, andhe always swore that he would get even. Apparently Asay bragged to afriend that when negotiating the deal for oral sex, Asay planned toabduct, sexually assault, and then kill McDowell.
Additional Information:
Asay has many white supremacist tattoos on his body andreports indicated that he made numerous racist comments about the black menthat he killed.
The defendant was on parole for burglary when he committedthe murders.
Trial Summary:
08/01/87 The defendant was arrested.
08/20/87 The defendant was indicted, Circuit Court Case #87-6876
Count I: First-DegreeMurder
Count II: First-Degree Murder
09/29/88 The jury found the defendant guilty on both Counts I & II.
10/28/88 Upon advisory sentencing, the trial jury, by a 9 to 3 majority, voted for the deathpenalty on both counts.
11/18/88 The defendant was sentenced as followed:
Count I: First-DegreeMurder – Death
Count II: First-Degree Murder -Death
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #73,432
580 So. 2d 610
12/15/88 Appeal filed.
05/16/91 FSC affirmed the convictions and sentences of death.
06/21/91 Rehearing denied.
07/22/91 Mandate issued.
U.S. Supreme Court - Petition for Writ of Certiorari
USSC #91-5499
502 U.S. 895
08/20/91 Petition filed.
10/07/91 Petition denied.
State Circuit Court - 3.850 Motion
CC #87-6876
03/15/93 Motion filed.
11/24/93 Motion amended.
04/23/97 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #90,963
769 So. 2d 974
07/10/97 Appeal filed.
06/29/00 Appeal denied.
10/26/00 Rehearing denied.
12/01/00 Mandate issued.
Florida Supreme Court - Petition for Writ of HabeasCorpus
FSC #SC01-2371
828 So.2d 985
10/25/01 Petition filed.
06/13/02 Petition denied.
State Circuit Court - 3.850 Motion
CC #87-6876
10/16/02 Motion filed.
02/17/04 Motion denied.
Florida Supreme Court – Pro Se Petition for Writ ofHabeas Corpus
FSC #SC03-2095
866 So.2d 1212
05/27/03 Pro se Petition filed.
01/09/04 Petition voluntarily dismissed.
Florida Supreme Court – 3.850 Appeal
FSC #SC04-433
892 So.2d 1011
03/19/04 Appeal filed.
12/20/04 Denial affirmed.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 05-147
(Pending)
02/11/05 Petition filed.
07/02/09 Stayed and administratively closed pendingHolland v. Florida opinion.
06/25/10 Case reopened.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 09-216
130 S.Ct. 495
08/18/09 Petition filed.
11/02/09 Petition denied
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Asay has utilized many of his post-conviction relief optionsat the state level, with each motion/appeal lasting several years. Asay’sDirect Appeal took three years to reach a disposition, his 3.850 Motion waspending for four years, and his 3.850 Appeal lasted three years.
Case Information:
On 12/15/88, Asay filed his Direct Appeal with the FloridaSupreme Court. His appeal argued that the judge erred when he failed toacquit Asay for the First Degree Premeditated Murder of Robert LeeBooker. Asay also claimed that the court erred in finding that the murderof McDowell was committed in a “cold, calculated, and premeditatedmanner.” Lastly, Asay argued that the death penalty was not aproportionate sentence for the murders. The Supreme Court affirmed theconvictions and sentences of death on 05/16/91. The mandate was issued on07/22/91.
On 08/20/91, Asay filed a Petition for Writ of Certiorari,which was denied on 10/07/91.
On 03/15/93, Asay filed a 3.850 Motion in the Circuit Court,which was denied on 04/23/97.
On 07/10/97, Asay filed a 3.850 Motion Appeal in the FloridaSupreme Court. On 06/29/00, the FSC affirmed the denial and a mandate wasissued on 12/01/00.
On 10/25/01, Asay filed a Petition for Writ of Habeas Corpusin the Florida Supreme Court, which was denied on 06/13/02.
On 05/27/03, Asay filed a Pro se Petition for Writ of HabeasCorpus in the Florida Supreme Court, which was subsequently dismissed on01/09/04.
On 10/16/02, Asay filed a 3.850 Motion in the State CircuitCourt, which was denied on 02/17/04.
On 03/19/04, Asay filed a 3.850 Motion Appeal in the FloridaSupreme Court, who affirmed the denial on 12/20/04.
On 02/11/05, Asay filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District. On 07/02/09, the USDC granted astay and administratively closed the petition pending the decision in Hollandv. Florida. On 11/02/09, the petition was reopened and is currently pending.
On 08/18/09, Asay filed a Petition for Writ of Certiorariwith the United States Supreme Court, which was denied on 11/02/09.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
04/26/89 60 POSS. OFNARCOTICS FSP
01/21/91 30 DISRESP. TO OFFICIALS FSP
11/22/91 30 DISORDERLY CONDUCT FSP
12/07/93 0 DISRESP. TO OFFICIALS UNION CI
12/07/93 0 POSS. OF NARCOTICS UNION CI
12/23/96 0 POSS. OF CONTRABAND UNION CI
01/28/96 0 DISOBEYING ORDER UNION CI
03/22/96 10 DISOBEYING ORDER UNION CI
02/16/99 180 REF. SUB ABUSETEST UNION CI
07/19/99 0 DISRESP. TO OFFICIALS UNION CI
12/07/03 0 POSS. OF CONTRABAND UNION CI
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10/23/01 – ew
10/25/01 – approved – ws
06/29/10 – updated – kkr