The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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Last NameFirst NamePictureDC NumberAgencyCase Summary
BaileyRobert 128135RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
5/17/2010CC05-10933.851 Motion
11/19/2010CC05-1093Status Conference
3/3/2011CC05-1093Order to strike 3.851 Motion
4/24/2007FSC07-748Direct Appeal
1/8/2009FSC07-748Mandate issued
3/11/2009USSC08-9241Certiorari petition
5/7/2010USDC10-00108Petition filed
1/18/2011USDC10-00108Petition dismissed

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
Taylor, Jr.Clyde M.Tallahassee, FL119 E. Park Ave.32301-7701850/224-1191Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Taylor, Jr.05-CFMA-1093OverstreetBay 01/15/0903/09/10

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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. 


BAILEY, Robert (W/M)

DC# 128135

DOB: 07/15/82


14th Judicial Circuit, Bay County Case #05-1093

Sentencing Judge: The Honorable Michael Overstreet

Attorney, Trial: John Gontarek –Assistant Public Defender

Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender

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


Date of Offense:         03/27/05

Date of Sentence:       04/11/07 


Circumstances of Offense:


At 10:20 P.M. on March 27, 2005, Officer Kevin Kight, a sergeant with the Panama City Beach PoliceDepartment, stopped a white Dodge Durango that was blocking traffic on FrontBeach Road. Robert Bailey was the driver of the vehicle and his friend D’Tori Crawford was sitting in the passenger seat.


At 10:30 P.M., Kight radioed tothe dispatcher that he had been shot. Officer Michael Rozierwas conducting a traffic stop at a nearby location. Upon hearing that Kight had been shot, he drove to the Front Beach Roadlocation. Kight was on the ground with two otherofficers attending to him. Rozier followed thevehicle tracks leaving the scene, and found a white Dodge Durango parked a fewblocks away.


Multiple police officers arrived at the scene shortly after Kight’s radio transmission. The officers immediately beganto administer emergency medical aid. Eventually paramedics arrived andcontinued CPR. A pulse was never detected and Kightwas pronounced dead at the hospital.


Hillary Chaffer, a resident of Panama City Beach, wasdriving on Front Beach Road that evening. She noticed that a police officer hadstopped a vehicle. As she drove her truck into a position parallel to thestopped white Dodge Durango, she saw the officer approaching the Durango withhis right hand on his gun and his left hand reaching back toward his handcuffs.Chaffer then faced forward to drive, and heard two gunshots. She looked backand saw the driver of the Durango fire a third shot into the officer. Chafferlater identified Robert Bailey as the driver of the Durango.


Corey Lawson was riding with friends in a pick-up truckdriving along Front Beach Road at 10:30 P.M. on March 27, 2005. As the truckwas stopped in traffic, a man ran up to the road from the beach and jumped intothe bed of the truck. The man told Lawson he had just “popped a cop.” The manthen showed Lawson the gun he had used. At the man’s request, Lawson and hisfriends dropped the man off at a liquor store. Lawson later identified RobertBailey as the man.


Bailey’s friend, D’Tori Crawford,testified for the State at trial. He stated that he, Bailey, and their friendJohn Braz drove from Wisconsin to Florida to spend afew days there for spring break. On March 27, 2005, after checking in at theSugar Sands Motel, the three went to the Sweet Dreams bar. Bailey drove them inthe Durango. After about an hour, Bailey and Crawford left the bar in theDurango. Crawford described Bailey as not sober but not drunk. As Bailey drovedown the road in the heavy, slow-moving traffic, they stopped to talk to somegirls who were standing beside the road. While they were talking, Bailey didnot realize the traffic was proceeding and he was blocking the traffic behindthem. An officer stopped them. While the officer was checking Bailey’sinformation, Bailey told Crawford he did not have a license and was wanted fora parole violation. He said if the officer tried to arrest him, he was going to“pop this cop.” Crawford then left the vehicle and ran away before the officerreturned.


At the scene of the shooting, officers collected thefollowing pieces of evidence: two fired cartridge casings, a set of handcuffs,a citation for driving with a revoked license, and Robert Bailey’sidentification card. Officers recovered a fired cartridge casing from theDurango. A bullet projectile was also recovered from a minivan that was drivingby at the time of the shooting.


Police officers arrested Bailey at the Sugar Sands Motel onthe morning of March 28, 2005. Officers recovered a Taurus 9-mm semi-automaticpistol from Bailey’s waistband, as well as cartridges from his pocket.


Joseph Hall, an FDLE firearms expert, compared the Taurusfirearm to the casings and bullets recovered from the scene of the shooting.Hall concluded that the two fired cartridge casings found at the scene and theone found in the Durango were fired from Bailey’s Taurus firearm. Hall alsofound that the two bullets recovered from Kight’sbody were fired from the Taurus firearm. The bullet recovered from the side ofthe minivan was too damaged for comparison.


Dr. Charles Siebert performed an autopsy on Kight. Kight sustained twogunshot wounds to the upper chest. The bullets traveled through the weakermaterial of Kight’s protective vest. Siebertconcluded the gunshot wounds caused Kight’s death andthe manner of death was homicide.


Additional Information:


At the time of the murder, Bailey was wanted for paroleviolation in Wisconsin. A warrant for his arrest was issued on 03/09/05.


Trial Summary:


04/15/05         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Resisting Officerwith Violence

02/15/07         Jury returned guilty verdicts on all counts of the indictment

02/16/07         Jury recommended death by a vote of 11-1

04/11/07         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Resisting Officerwith Violence – 5 Years


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 07-748

998 So. 2d 545


04/24/07         Appeal filed

12/18/08         Appeal denied

01/08/09         Mandate issued


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 08-9241

129 S.Ct. 2395


03/11/09         Petition filed

05/18/09         Petition denied


United StatesDistrict Court, Northern District – Petition for Writ of Habeas Corpus 

USDC# 10-00108


05/07/10          Petitionfiled

01/18/11          Petitiondismissed


State CircuitCourt – 3.851 Motion

CC# 05-1093


05/17/10          Motionfiled

07/08/10          Motiondenied

08/25/10          Amendedmotion filed

03/03/11          Orderto strike 3.851 motion




Factors Contributing to the Delay in Imposition ofSentence:


There have been no significant delays in the case at thistime.


Case Information:


On 04/27/07, Bailey filed a direct appeal in the FloridaSupreme Court, citing the following issues: improper prosecutorial comments, disproportionatenature of the sentence, and the unconstitutionality of Florida’s capitalsentencing structure. The appeal was denied on 12/18/08 and a mandate wasissued on 01/08/09.


On 03/11/09, Bailey filed a Petition for Writ of Certiorariin the United States Supreme Court, which was denied on 05/18/09.


On 05/07/10, Bailey filed a Petition for Writ of HabeasCorpus in the United States District Court, Northern District. That petitionwas dismissed on 1/18/11.


On 05/17/10, Bailey filed a 3.851 Motion in the CircuitCourt, which was denied on 07/08/10. Bailey filed an amended motion on08/25/10. An order to strike this motion was issued on 03/03/11.





Report Date:   01/05/09          KLH

Approved:       01/06/09          KLH

Updated:         04/13/11          JJK