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 on forstatistical or legal purposes.
THOMAS, David Lee (B/M)
DC # 717466
DOB: 10/13/65
Twentieth Judicial Circuit, Lee County, Case #90-1058
Sentencing Judge: The Honorable James R. Thompson
Attorney, Criminal Trial: Frank Borter – Private
Attorney, Direct Appeal: Douglas S. Connor – AssistantPublic Defender
Attorney, Collateral Appeals: William Hennis and RoseanneEckert – CCRC-S
Date of Offense: 04/26/90
Date of Sentence: 03/15/91
Circumstances of Offense:
David Lee Thomas was convicted and sentenced to death forthe murder of Richard Houston.
On 04/26/90, Richard Houston attempted to buy drugs in alow-income neighborhood of Fort Myers. Houston waved a handful of moneyout the window, signaling a dealer to approach the car. A crack dealercame up to Houston’s car, but left when Houston expressed that he did not wantto purchase crack, but rather powder cocaine. At that time, David LeeThomas approached the car and pulled gun on Houston. When Houstonattempted to flee, Thomas fired several shots into the car, killing Houston.
Thomas confessed to the shooting, but denied he everintended to rob Houston.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence |
| 07/25/1983 | BURGUNOCCSTRUC/CV OR ATT. | 05/29/1985 | LEE | 8400136 | 3Y 6M 0D |
| 07/25/1983 | GRAND THEFT,$300 LESS &20,000 | 05/29/1985 | LEE | 8400136 | 3Y 6M 0D |
| 07/25/1983 | BURGUNOCCSTRUC/CV OR ATT. | 05/11/1984 | LEE | 8400136 | 1Y 0M 0D |
| 07/25/1983 | GRAND THEFT,$300 LESS &20,000 | 05/11/1984 | LEE | 8400136 | 1Y 0M 0D |
| 12/29/1984 | BURGLARY ASSAULT ANY PERSON | 05/13/1985 | LEE | 8500029 | 4Y 0M 0D |
| 12/29/1984 | ROBBERY WITH OTHER WEAPON | 05/13/1985 | LEE | 8500029 | 4Y 0M 0D |
Trial Summary:
06/05/90 Defendant indicted on the following:
Count I: First-DegreeMurder
Count II: AttemptedRobbery with a Firearm
02/22/91 The jury found the defendant guilty on all counts charged in the indictment.
02/25/91 The jury, by a 9 to 3 majority, voted for the death penalty.
03/15/91 The defendant was sentenced as followed:
CountI: First-Degree Murder – Death
CountII: Attempted Robbery with a Firearm – 30 years
04/07/09 JudgeJames R. Thompson granted the 3.850 Motion in part and denied it in part
09/02/09 JudgeJames R. Thompson resentenced the defendant to life imprisonment.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #77,707
618 So.2d 155
04/08/91 Appeal filed
03/11/93 FSC affirmed the convictions and sentenceof death
05/27/93 Rehearing denied
06/28/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #93-5641
510 U.S. 922
08/18/93 Petition filed
10/12/93 Petition denied
State Circuit Court – 3.850 Motion
CC #90-1058
02/28/95 Motion filed
10/12/95 Amended motion filed
07/01/96 Amended motion filed
02/16/00 Amended motion filed
02/28/02 Evidentiary Hearing held
04/14/03 Consolidated motion filed
08/30/04 Evidentiary Hearing held
04/07/09 Motion granted in part and denied in part(non-final)
09/02/09 Sentence vacated; resentenced to lifeimprisonment
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Thomas’ 3.850 Motion has been pending since 1995.
Case Information:
Thomas filed a Direct Appeal in the Florida Supreme Court on04/08/91. In that appeal, he argued that it was error to allow a Statewitness to describe the scene of the shooting as a high-crime neighborhoodwhere many “drug-related robberies” occurred. Thomas also claimed that itwas error to allow a portion of his confession to remain on a redacted tapebecause it gave the false impression that all five eyewitnesses heard him sayhe was going to rob the victim, when, in fact, only two witness claimed thatThomas was going to rob Houston. The Florida Supreme Court agreed,however, they deemed the error to be harmless. Lastly, Thomas argued the30-year habitual violent felony offender sentence that he received for theattempted robbery. The Florida Supreme Court affirmed both theconvictions and the sentences imposed on 03/11/93.
Thomas next filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 10/12/93.
Thomas then filed a 3.850 Motion in the State Circuit Courton 02/28/95. Thomas has since filed three amended motions and oneconsolidated motion. Evidentiary Hearings were held on 02/28/02 and08/30/04. On 04/07/09, this 3.850 Motion was granted in part and deniedin part.
On 09/02/09 the Circuit Court vacated Thomas’ death sentenceand resentenced him to life imprisonment.
Institutional Adjustment: DAVID THOMAS DC #717466
| DATE | DAYS | VIOLATION | LOCATION |
| 08/30/91 | 0 | DISORDERLY CONDUCT | FSP |
| 03/08/93 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 05/10/93 | 0 | DISOBEYING ORDER | UNION C. I. |
| 07/19/93 | 0 | SPOKEN THREATS | UNION C. I. |
| 12/23/93 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 05/15/94 | 0 | DISORDERLY CONDUCT | UNION C. I. |
| 06/13/94 | 0 | DISOBEYING ORDER | UNION C. I. |
| 10/13/94 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 11/16/94 | 0 | DISRESP.TO OFFICIALS | UNION C.I. |
| 10/22/95 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 01/27/97 | 60 | DISRESP.TO OFFICIALS | UNION C. I. |
| 04/21/97 | 0 | FIGHTING | UNION C. I. |
| 09/24/97 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 03/07/98 | 0 | DISORDERLY CONDUCT | UNION C. I. |
| 04/02/99 | 0 | DISORDERLY CONDUCT | UNION C. I. |
| 01/07/00 | 0 | POSS OF CONTRABAND | UNION C. I. |
| 04/16/00 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 04/16/00 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 09/01/00 | 60 | DISORDERLY CONDUCT | UNION C. I. |
| 11/18/01 | 90 | SPOKEN THREATS | UNION C. I. |
| 12/29/02 | 60 | DISRESP.TO OFFICIALS | UNION C. I. |
Report Date: 09/12/03 EW
Approved: 10/01/03 WS
Updated: 09/08/09 EMJ