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. 

Guardado, Jesse (W/M)

DC#     324342

DOB: 06/05/1962

First Judicial Circuit, Walton County Case # 04-00903

Sentencing Judge: The Honorable Kevin Wells

Attorney, Trial: John J Gontarek, Private

Attorney, Direct Appeal: W.C. McClain, Assistant PublicDefender

Attorney, Collateral Appeals: Clyde M. Taylor, Jr. -Registry

Date of Offense: 09/13/2004

Date of Sentence: 10/13/2005

Circumstances of Offense:

Jesse Guardado met his victim Jackie Malone in 2004, shortlyafter he had been placed on conditional release for three separate robberycharges in Orange and Seminole Counties.  Malone, a real estatebroker-contractor in Walton County, not only rented a house to Guardado butalso lent him money occasionally.  She also helped him get a job at thelocal water treatment plant where he worked at the time of the crime. 

On September 13, 2003, Guardado wanted to continue hisrecent cocaine binge and attempted to rob a local grocery store, but he wasthwarted by an alert employee.  He then turned his thoughts toward Malone,who trusted Guardado and lived in a secluded area.  Using his girlfriend’scar for transportation, Guardado collected a metal “breaker bar” and a knifeand drove to Malone’s home. 

Guardado knocked on Malone’s door and identified himself,asking to use the telephone after she opened her door.  When she turnedaway, he repeatedly struck her with the “breaker bar” about the head. After raising her arms in defense, she fell to the floor where Guardado stabbedher several times and finally slashed her throat.  Guardado stated that hethought he would have killed her after the first blow from the “breaker bar”,but “[i]t just seemed not to go that way, she would not die.”  Thus, hecontinued to hit her with the bar and resorted to stabbing her in the heart soit would be over. 

After beating and stabbing her, Guardado looked throughMalone’s belongings in her room and took her jewelry box, briefcase, purse andcell phone.  Police caught Guardado after he cashed some of Malone’schecks and used her cell phone.  Guardado confessed and pled guilty torobbery with a deadly weapon and first-degree murder.

An autopsy revealed Malone was alive until the fatal stabwound to her heart.  Moreover, the victim suffered from fractures andwounds consistent with attempts to defend herself from her attacker.  

Prior Incarceration History in the State of Florida:

Trial Summary:

09/13/04         Indicted as follows:

                                   Count I:           Murder in the first degree

                                   Count II:           Robberywith a deadly weapon

09/15/05         Jury returned guilty verdicts on all counts of the indictment

09/15/05         Jury recommended death by a vote of 12-0

10/13/05         Sentenced as follows:

                                   Count I:           Murder - Death

                                   Count II:           Robberywith a deadly weapon – 30 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 05-2035

965 So.2d 108

11/19/05         Appeal filed

06/28/07         FSC affirmed convictions and sentence

09/26/07         Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC #07-8094

128. U.S. 1250

01/22/08         Petition filed

02/19/08         Petition denied

Circuit Court – 3.851 Motion

CC #04-000903

(Pending)

10/13/08          Motion filed

06/01/10          Motion amended 

Factors Contributing to the Delay in Imposition of Sentence:

The process appears to have taken place within a reasonabletime table.

Case Information:

Jesse Guardado was indicted on Robbery with a deadly weaponand Murder charges on 09/13/04, and found guilty of those charges on09/15/05.  He was sentenced to 30 years for the robbery charges and thedeath penalty for the murder charges on 10/13/05. 

On 11/19/05, Guardado filed a direct appeal to the FloridaSupreme Court.  Issued raised in this appeal included whether Guardado’srequest to represent himself at the Spencer hearing was inappropriately denied,whether the HAC and CCP aggravators were sufficiently established, as well as aRing Issue. This appeal was denied on 06/28/07, and a mandate was issued on09/26/07.

On 01/22/08, Guardado filed a petition for writ ofcertiorari with the U.S. Supreme Court. The petition was denied on 02/19/08.

On 10/13/08, Guardado filed a 3.851 Motion with the statecircuit court and, on 06/01/10, an amended motion was filed. This motion ispending.

 ________________________________________________________________________

Report Date:   10/08/07          MCL

Approved:       10/09/07          RM

Updated:         07/20/10          KKR