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.
JONES, David (W/M)
DC# 914949
DOB: 03/08/58
Fourth Judicial Circuit, Duval County Case # 95-1632
Sentencing Judge: The Honorable William Wilkes
Attorney, Trial: Alan Chipperfield – Assistant PublicDefender
Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender
Attorney, Collateral Appeals: Harry Brody – Registry
Date of Offense: 01/31/95
Date of Sentence: 04/25/97
Circumstances of Offense:
Lori McRae left the post office where she worked at 12:35a.m. on 01/31/95 and drove away in her red and gray Chevrolet Blazer. Shecalled her husband to tell him that she was stopping at the Winn-Dixie on theway home. When she did not arrive at 1:45 a.m., her husband called thepolice.
A Walgreen’s employee, Clayton Chou, who worked at the storeadjacent to the Winn-Dixie reported seeing Lori McRae approached by and engagedin a conversation by a man in the store. Chou picked Jones out of aphotographic lineup. David Jones was the last person seen with LoriMcRae.
On 01/31/95, a man, later identified as Jones, drove a redBlazer to an automobile detailing business and inquired about having the insideof the vehicle cleaned. The owners of the business noticed that the manhad several tattoos and had scratches on his face. Later, one of theowners, Dennis Marsh, saw a picture of a red Blazer on a news report thatlinked the Blazer to the disappearance of McRae. Marsh telephoned policeand later picked Jones out of a photographic lineup.
ATM surveillance records showed a man, later identified asJones, withdrawing money from McRae’s account. Over a 35 hour period, 105transactions were attempted, with 11 successful in obtaining a total of$600.
Police staked out ATMs and arrested Jones, who was driving ared Blazer whose tag number matched McRae’s Blazer. Police found traceamounts of blood in the vehicle.
On 02/21/95, after his arrest, Jones told correctionalofficers that he needed to talk to police, saying “I need to confess and I needto tell where the body is.” Jones confessed to the murder to correctionalofficers and later to Detective Parker of the Jacksonville PoliceDepartment. Jones led police to the body, which was dumped in BakerCounty. McRae’s body was severely decomposed, and the time of death wasdetermined to be three weeks earlier. The cause of death was ligaturestrangulation with a cord. McRae’s body was bound around the legs, hadbruising to the extremities, and defensive wounds.
Additional Information:
Jones was arrested and pled guilty to the Second-DegreeMurder of Jasper Highsmith. The murder occurred after Jones escaped from jail,where he was being held on a Burglary charge. On 03/19/87, Jones wassentenced to a prison term of 20 years.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 01/27/1986 | 2ND DEG.MURD,DANGEROUS ACT | 03/19/1987 | DUVAL | 8601106 | 20Y 0M 0D |
| 01/26/1986 | BURGUNOCCSTRUC/CV OR ATT. | 03/19/1987 | DUVAL | 8601107 | 5Y 0M 0D |
| 01/26/1986 | BURGLARY TOOLS-POSSESS | 03/19/1987 | DUVAL | 8601107 | 5Y 0M 0D |
Trial Summary:
02/13/97 Indicted as follows:
Count I: First-Degree Murder
Count II: Robbery
Count III: Kidnapping
03/21/97 Jury returned guilty verdicts on all counts of the indictment
04/10/97 Jury recommended death by a vote of 9-3
04/25/97 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery – 15 years
CountIII: Kidnapping – Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 90,664
748 So. 2d 1012
05/30/97 Appeal filed
11/12/99 FSC affirmed convictions and sentences
01/12/00 Rehearing denied
02/17/00 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 99-8980
530 U.S. 1232
04/10/00 Petition filed
06/12/00 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 95-1632
06/12/01 Motion filed
04/28/03 Motion amended
10/27/04 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-2217
949 So. 2d 1021
11/18/04 Appeal filed
12/14/06 FSC affirmed denial of motion
02/15/07 Rehearing denied
03/05/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-1612
949 So. 2d 1021
09/06/05 Petition filed
12/14/06 FSC denied petition
03/05/07 Mandate issued
United States District Court, Middle District-Petition for Writ of Habeas Corpus
USDC #07-cv-00146
03/05/07 Petition filed
03/09/10 Petition denied
Circuit Court – 3.850 Motion
CC# 95-1632
09/21/07 Petition filed
09/16/08 Petition denied
United States Court of Appeals, 11th Circuit –Petition for Writ of Habeas Corpus Appeal
USCA #
(Pending)
04/02/10 Appeal filed
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 10-6195
08/30/10 Petition filed
11/01/10 Petition denied
Circuit Court – Successive 3.851 Motion
CC# 95-1632
(Pending)
03/23/11 Motion filed
Factors Contributing to the Delay in Imposition ofSentence:
The United States District Court Habeas Corpus Petition hasbeen pending since 03/05/07.
The 3.850 Motion was pending from 06/12/01 – 10/27/04.
Case Information:
Jones filed a Direct Appeal with the Florida Supreme Courton 05/30/97, citing the following errors: failing to suppress thestatements to Detective Parker and correctional officers; improper comments bya State witness as to Jones’ right to remain silent; introducing irrelevant evidenceof racial prejudice; failing to establish sufficient evidence of premeditation;excluding testimony of an expert on the effects of crack cocaine addiction;allowing details of the Highsmith murder into the penalty phase; refusing toallow Jones’ prior counsel to testify regarding the contents of a competencyevaluation performed during the 1986 murder proceeding; failing to establishsufficient evidence to support the aggravating factor of murder to avoidarrest; denying a motion for counsel to withdraw; failing to find error in thevictim impact evidence; failing to find error in the instructions on theheinous, atrocious, or cruel and felony-murder aggravating factors; and theconstitutionality if the death penalty. On 11/12/99, the FSC affirmed theconvictions and sentences.
Jones filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 04/10/00 that was denied on 06/12/00.
Jones filed a 3.850 Motion with the Circuit Court on06/12/01 and amended the motion on 04/28/03. The motion was denied on10/27/04.
Jones filed a 3.850 Motion Appeal with the Florida SupremeCourt on 11/18/04, raising allegations of ineffective assistance ofcounsel. On 12/14/06, the FSC affirmed the denial of the motion.
Jones filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 09/06/05, raising allegations of ineffectiveassistance of counsel. On 12/14/06, the FSC denied the petition.
On 03/05/07, Jones filed a Petition for Writ of HabeasCorpus in the U.S. District Court, Middle District. This petition wasdenied on 03/09/10.
Jones filed a Successive Motion to Vacate in the CircuitCourt on 09/21/07 that was denied on 09/16/08.
On 04/02/10, Jones filed a Petition for Writ of HabeasCorpus Appeal with the United States Court of Appeals, 11th Circuit. Thisappeal is still pending.
On 08/30/10, Jones filed a Petition for Writ of Certiorariwith the United States Supreme Court. This petition was denied on11/01/10.
On 03/23/11, Jones filed a Successive 3.851 Motion in theCircuit Court. This motion is currently pending.
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
09/22/98 116 UNAUTH USE OF DRUGS FLORIDA STATE PRISON
10/18/98 30 POSS OF CONTRABAND FLORIDA STATE PRISON
10/16/01 180 UNAUTH USE OF DRUGS UNION C.I.
________________________________________________________________________
Report Date: 07/07/04 JFL
Approved: 07/08/04 EW
Updated: 04/18/11 CAR