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. 

LEBRON, Jermaine Robert (H/M)

AKA:  Bugsy

DC#    472846

DOB:  07/16/74

Ninth Judicial Circuit, Osceola County Case# 96-2147

Sentencing Judge:  The Honorable Belvin Perry, Jr.

Resentencing (I and II) Judge:  The Honorable BelvinPerry, Jr.

Retrial Judge:  The Honorable Belvin Perry, Jr.

Attorneys, Trial:  Robert A. Norgard – Registry; HarveySlovis – Pro Hac Vice

Attorney, Direct Appeal and Direct Appeal (RS I, RS II): Robert A. Norgard – Registry

Attorney, Collateral Appeals: Edwin J. Mills – Registry

Date of Offense:  11/24/95

Date of Sentence:  07/10/98

Date of Resentence (I):  08/15/02

Date of Resentence (II):  12/28/05

Circumstances of the Offense:

On 02/25/98, Jermaine “Bugsy” LeBron was convicted of armedrobbery and first-degree murder.  He received a life sentence for armedrobbery and a death sentence for first-degree murder.

According to eyewitness testimony, Larry Neal Oliver waslured to a house in Osceola County, called the “Gardenia house,” where LeBronand several others lived.  LeBron offered to sell Oliver some “spinners”(accessories that are added onto the wheels of a truck) for his truck. Shortly after Oliver arrived at the house, LeBron called him toward thebedrooms located in the back of the house.  As Oliver was entering thehallway leading to the bedrooms, LeBron forced him to lie on the groundface-down and shot him at close range at the back of the head with a sawed-offshotgun, which he called “Betsy.”  After the victim was shot, LeBron wassmiling and laughing, yelling, “I did it, I did it!” describing how it felt tokill the victim, and what the victim looked like afterward.  Money,checks, and a credit card were taken from the victim, and stereo equipment wasstripped from his truck.  LeBron directed the others who were present, toburn the victim’s identification papers, dispose of Oliver’s body, and cleanthe area where he had been shot.

Over the next several days, LeBron and the others usedOliver’s credit card, pawned his stereo equipment, and cashed his checks. An attempt was made to burn the truck.  LeBron admitted to his formergirlfriend that he had shot and killed someone.  Shortly afterwards,LeBron admitted to his then girlfriend, Christina Charbonier, that he hadkilled a man for his truck.  LeBron then left for New York City to go to aplace called Legz Diamond, a topless bar owned by his mother.

Oliver’s body was discovered in a rural area near DisneyWorld.  The body was visible on the road to Disney World, although it wascovered with a blanket and some tree shrubs.  According to the medicalexaminer, Dr. Julia Martin, the trauma to the head, which incorporated the leftportion of the lip, was consistent with the gunshot wound or other type oftrauma, with no evidence of any abrasion around it.  The entrance of thegunshot wound was to the lower back of the head, on the right side and slightlyto the right of the midline.  There was a laceration of the scalpconsistent with a shot at close range.  There were no bruises on the handsconsistent with defensive wounds.  Martin concluded that Oliver’s cause ofdeath was from the gunshot wound to the head.

The others having knowledge of the event reported the murderto the police.  The witnesses claimed they followed LeBron’s directionsthroughout the event because he had threatened them, which made them believethat LeBron might kill them the way he killed Oliver.  Of those who cameforward to report the incident, twin brothers, Joe and Mark Tocci, did not tellthe complete truth concerning the extent to which members of the group had beeninvolved in the murder.  After investigators questioned each individualseparately, all of the witnesses except the Tocci brothers gave consistentstatements and details, which police were able to verify with evidence.

A crime-scene investigation was conducted by the OsceolaCounty Sheriff’s Department at the Gardenia house.  A very strong stenchof dried blood was immediately detected upon entering the residence. Investigators discovered several drops of what appeared to be dried blood in abig area where the southeast bedroom was located.   They alsodiscovered what appeared to be blood with an unknown substance on top ofit.  The search also uncovered shotguns and pellets, which were found inthe other bedrooms.

After eyewitness reports were made, LeBron, who wasaccompanied by Stacie Kirk and Howard Kendall (who was involved in burningOliver’s truck), were apprehended in a car parked on a street outside of LegzDiamond (in New York) and arrested on 12/05/95.  A search of their vehicleuncovered Oliver’s belongings, including an identification card attached to aplanner with the name, “Larry N. Oliver.”

Police began questioning LeBron at around 3:15 a.m. on12/06/95.  The questioning was recorded on a cassette and later playedbefore a jury as evidence received.  During questioning, LeBron claimed hewas at a former girlfriend’s house the night of the murder and repeatedlydenied ever knowing Oliver.  LeBron stated, however, that it might havebeen possible he met Oliver that night, but he did not remember themeeting.  When asked if he noticed any blood spots or strange odors at theGardenia house, LeBron claimed the house always had a foul smell.

During trial, eyewitnesses testified that LeBron directedthe events before and after the murder of Oliver.  According to LeBron’snow former girlfriend, Charbonier, she had been receiving numerous letterswritten by LeBron, which declared he loved her and addressed her as hisfiancée.  In the letters, LeBron allegedly referred to her testifying asan alibi witness for him, although she had testified as the State’s witness.

Codefendant Information:

Howard Kendall (DC# X03585)

Kendall was convicted of armed robbery and kidnapping (CC#95-2379), and arson (CC# 95-2437).  He was sentenced to 11 years for eachoffense.  These offenses were unrelated to the case.

Stacie Kirk (DC# X04005)

Kirk was charged with first-degree murder in an unrelatedcase and armed robbery (CC# 95-2554).  She entered into a plea agreementwith the State for a sentence of 42 months prison and two years probation inexchange for her testimony against LeBron. 

Joe Tocci

J. Tocci was not arrested for anything related directly tothe murder, aside from hiding evidence related to the murder.  He receiveda sentence of two years house arrest followed by eight years probation.

Mark Tocci (DC# 165597)

M. Tocci was convicted of first-degree murder as anaccessory and was sentenced to three years.  Tocci was tried separatelyfor his offense (CC# 95-2350).

Additional Information:

A second count of armed robbery, attempted first-degreemurder, kidnapping, and aggravated assault (with no intention to kill) was alsocharged in the indictment.  The first three offenses were committed on12/02/95 in Osceola County and the fourth offense was committed on11/01/95.  The fourth offense was tried separately.  LeBron wassentenced to death for the first three offenses (CC# 95-2368) and 3 years, 9months for the fourth offense (CC# 95-2553).

The first trial resulted in a mistrial, based upon the trialcourt’s finding of a jury deadlock.  At the beginning of LeBron’s retrial,his attorney, Robert Norgard, was involved in another capital case, and,therefore, LeBron’s pretrial and guilt phase proceedings were conducted withonly Harvey Slovis appearing on LeBron’s behalf.  Slovis was permitted toappear on behalf of LeBron pro hac vice in addition to undersigned counsel,Norgard.  Although Slovis conducted the majority of the venire questioningin the first trial, and was present during voir dire inquiry regarding thedeath penalty, Norgard assumed the lead with regard to interrogatingprospective jurors concerning death penalty issues.

Prior Incarceration History in the State of Florida:

Trial Summary:

10/28/96         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         ArmedRobbery          

02/25/98         Jury returned guilty verdicts on all counts of the indictment

02/25/98         Jury recommended death by a vote of 6-6 (hung jury)

03/03/98         Jury reconvened for retrial

03/03/98         Jury recommended death by a vote of 7-5

07/10/98         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Armed Robbery – Life

05/13/02         A new penalty-phase was conducted with a new jury panel

05/19/02         Jury recommended death by a vote of 7-5

08/15/02         Resentenced as follows:

                                   Count I:          First-Degree Murder – Death

05/16/05         New sentencing hearing begins, presided by Judge Perry

08/15/05         Jury selection launched

08/18/05         Jury recommended death by a vote of 7-5

10/20/05         Spencer hearing

12/28/05         Resentenced as follows:

                                   Count I:           First-DegreeMurder – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 93,955

799 So. 2d 997

09/18/98         Appeal filed

08/30/01         FSC affirmed convictions but remanded for resentencing

09/14/01         Motion for rehearing filed

11/01/01         Rehearing denied

12/03/01         Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 01-8119

535 U.S. 1036 (2002)

02/01/02         Petition filed

04/29/02         Petition denied

Florida Supreme Court – Direct Appeal, Resentencing

FSC# 02-1956

894 So. 2d 849

08/30/02         Appeal filed

01/13/05         FSC vacated death sentence and remanded for resentencing

02/03/05         Mandate issued

Florida Supreme Court – Direct Appeal, Resentencing

FSC# 06-138

982 So.2d 649

01/27/06         Appeal filed

05/01/08         Disposition affirmed

05/23/08         Mandate issued

Circuit Court – 3.851 Motion

CC# 96-2147

(Pending)

06/19/09         3.851 Motion filed

Factors Contributing to the Delay in Imposition ofSentence:

LeBron’s sentence was vacated twice on direct appeal andremanded for resentencing.  The appeal of his death resentence to theFlorida Supreme Court was pending for over two years.

Case Information:

LeBron filed a Direct Appeal to the Florida Supreme Court on09/18/98.  On Direct Appeal, LeBron raised seven issues.  First, heclaimed double jeopardy barred his retrial.  Second, LeBron claimed thetrial court erred in denying his motion to continue the retrial due to theabsence of attorney Norgard.  Third, he argued the trial court erred indenying his motion to recuse based upon an alleged ex parte communicationbetween the judge and the prosecutor regarding a scheduling matter. Fourth, LeBron claimed the trial court erred in finding the “committed while onprobation” aggravator.  Fifth, he argued the trial court erred inrejecting his proposed “minor participant” mitigator.  Sixth, LeBronclaimed the trial court erred in rejecting other statutory and nonstatutorymitigating factors while he had proposed.  Finally, he argued his deathsentence was not proportional.  On 08/30/01, the Court affirmed hisconvictions but remanded the case for resentencing.  Because LeBron was21-years-old at the time of the murder, the Court decided that the deathsentence was disproportionate to a combination of LeBron’s youth, immaturity,emotional instability, physical and psychological abuse.

On 02/01/02, LeBron filed a Petition for a Writ ofCertiorari to the United States Supreme Court, which was denied on 04/29/02.

LeBron filed a Direct Appeal for resentencing to the FloridaSupreme Court on 08/30/02.  On 01/13/05, the Court vacated the deathsentence and remanded the case to the Circuit Court for a new penalty phase fortwo reasons.  First, the Court determined that the trial court erred inconcluding, contrary to the jury’s express findings, that the evidenceestablished beyond a reasonable doubt that LeBron murdered Oliver.  Second,the Court determined the imposed sentence could not be premised upon a findingthat LeBron was himself the shooter, since this would be contrary to the jury’sspecial verdicts.  A mandate was issued on 02/03/05.

On 01/27/06, LeBron filed a Direct Appeal for resentencingto the Florida Supreme Court, who affirmed the Circuit Court’s disposition on05/01/08.  A mandate was issued on 05/23/08.

On 06/19/09, LeBron filed a 3.851 Motion in the CircuitCourt.  This case is currently pending.

Institutional Adjustment:

________________________________________________________________________

Report Date:  01/09/06          NRC

Approved:      01/20/05          JFL

Updated:         09/28/10         EMJ