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.
SHELLITO, Michael (H/M)
DOB: 10/07/75
Fourth Judicial Circuit, Duval County, Case #95-1449-CF
Sentencing Judge: The Honorable R. Hudson Olliff
Attorney, Trial: Refik Eler – Esquire
Attorney, Direct Appeal: Nada M. Carey – Assistant PublicDefender
Attorney, Collateral Appeals: Linda McDermott –Registry
Date of Offense: 08/31/94
Date of Sentence: 10/20/95
Circumstances of Offense:
Michael Shellito was convicted and sentenced to death forthe murder of Sean Hathorne. During the early morning hours of 08/31/94,Sean Hathorne, the 18-year-old victim, died from being shot in the chest.
Near midnight on 08/30/94, a group of people, includingShellito, had gathered at the home of Stephen Gill. Shellito left thegathering and returned approximately an hour later. Upon returning toGill’s residence, Shellito showed a .9-mm-firearm to Ricky Bays, one of theother people at Gill’s residence. Kevin Keyes, who lived only a few milesfrom Gill, reported that a firearm was stolen from his automobile that night.
On 08/31/94, around 4:00 a.m., Shellito and Gill droveGill’s girlfriend home in a white truck that belonged to Gill’s mother. Near Gill’s girlfriend’s residence, Shellito wanted to get out of the truckbecause he needed to “talk to someone.” Gill stopped so that Shellitocould get out and left to take his girlfriend home. About the same time,Michael Green heard a popping noise coming from in front of his home and lookedoutside. He observed the victim, who was standing near a white truck,turn, run, and then fall down. Green called the police. When, thepolice arrived, they found the body of Sean Hathorne near Green’s front fence.
Around 5:30 a.m., Shellito and Gill arrived back at Gill’sapartment. Shellito told Ricky Bays that he shot a man after concludingthat the man did not have any money. Shellito did not indicate whetherGill was involved in the shooting.
On the evening of 08/31/94, people again gathered at Gill’sresidence. During this time, Shellito described the murder to severalother people, including Lateria Copeland and Theresa Ritzer. Later thatnight, during the early part of 09/01/94, the police raided Gill’sapartment. Shellito unsuccessfully tried to escape the apartment througha window. He then pointed a firearm at an officer, who shot and injuredShellito. The gun was taken from Shellito, and he was arrested. Thegun was matched to a shell casing from the murder scene and to the firearmstolen from Kevin Keyes.
During the trial, however, Shellito said that Gill wasresponsible for the murder. Shellito’s mother also testified that Gill hadadmitted to her that he had killed Hathorne, and Shellito’s father claimed tohave overheard this conversation. Shellito’s mother claimed to have tolda court representative about this confession; however, no one could verify thisclaim.
Additional Information:
| Current Prison Sentence History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence Length |
| 8/31/94 | Robbery w/ Firearm or Deadly Weapon | 10/20/95 | Duval | 9409396 | 35 Years |
| 8/31/94 | Robbery w/Firearm or Deadly Weapon | 10/20/95 | Duval | 9409396 | 35 Years |
| 9/01/94 | Agg. Assault on Law Enforcement Officer | 10/20/95 | Duval | 9409396 | 30 Years |
In conjunction with the First-Degree Murder of Sean Hathorne,Shellito was also charged with two counts of Robbery with a Firearm on 08/31/94for which he received two 35 years sentences. Furthermore, during theearly morning raid of Stephen Gill’s apartment on 09/01/94, Shellito committedaggravated assault of a law enforcement officer when he tried to escape througha window. Shellito was sentenced to 30 years for this offense.
Trial Summary:
09/01/94 Shellito was arrested.
02/09/95 Shellito was indicted on the following:
Count I: First-Degree Murder
07/21/95 Shellito was found guilty on Count I of the indictment.
08/21/95 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted
for the death penalty.
10/20/95 Shellito was sentenced as follows:
Count I: First-Degree Murder – Death
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #86,931
701 So. 2d 837
12/01/95 Appeal filed.
09/11/97 FSC affirmed the conviction and sentence.
11/26/97 Rehearing denied.
12/29/97 Mandate issued.
United State Supreme Court – Petition for Writ ofCertiorari
USSC# 97-8069
523 U.S. 1084
02/23/98 Petition filed.
04/20/98 Petition denied.
Circuit Court – 3.850 Motion
CC# 95-1449-CF
04/20/99 Motion filed.
06/22/99 Amended Motion filed.
03/31/03 Amended Motion filed.
03/04/05 Amended Motion filed.
07/02/09 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 10-2043
(Pending)
10/25/10 Appeal filed.
Factors Contributing to the Delay in Execution ofSentence:
The 3.850 Motion was pending from 04/20/99 to07/02/09.
Case Information:
Michael Shellito filed his Direct Appeal in the FloridaSupreme Court on 12/01/95. He raised several issues on DirectAppeal. Shellito argued that the trial court erred in admitting evidenceof Shellito trying to escape arrest, that the prosecutor denied him a fairtrial by making inflammatory remarks, and that the aggravating and mitigating factorswere improperly evaluated. The Florida Supreme Court did not find errorsthat warranted reversing the conviction or sentence and affirmed the convictionand sentence on 09/11/97. Rehearing was denied on 11/26/97. AMandate was issued on 12/29/97.
Shellito filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 02/23/98. The petition was denied on04/20/98.
Shellito filed a 3.850 Motion in the Duval County CircuitCourt on 04/20/99. An amended motion was filed on 06/22/99, 03/31/03 and03/04/05. The motion was denied on 07/02/09.
On 10/25/10, Shellito filed a 3.850 Appeal in the FloridaSupreme Court. This appeal is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/07/96 0 POSS OF CONTRABAND FSP
01/23/97 72 UNAUTH USE OF DRUGS UNION C. I.
10/25/97 0 SPOKENTHREATS UNION C. I.
05/04/98 0 DISOBEYING ORDER UNION C.I.
03/05/01 30 FIGHTING UNION C. I.
10/27/03 180 POSS OFNARCOTICS UNION C.I.
_______________________________________________________________________
Report Date: 01/23/02 S.Q.
Approved: 04/24/02 W.S.
Updated: 11/03/10 EMJ