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Last NameFirst NamePictureDC NumberAgencyCase Summary
AllredAndrew 13093018th Circuit PDCase Summary

Last Action

DateCourtCase NumberLast Action
12/15/2008FSC08-2354Direct Appeal
7/29/2009FSC08-2354Initial Brief filed
8/13/2009FSC08-2354Amended Initial Brief filed
10/2/2009FSC08-2354Answer Brief filed
9/1/2010FSC08-2354Oral Argument Held
12/16/2010FSC08-2354Convictions and sentences affirmed
1/3/2011FSC08-2354Motion for rehearing
3/2/2011FSC08-2354Motion for rehearing denied
3/18/2011FSC08-2354Mandate issued

Current Attorney


Last Updated

2008-01-09 11:43:13.0

Case Summary
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Allred, Andrew R. (White/Male)

DC# 130930

DOB: 08/25/86


Eighteenth Judicial Circuit, Seminole County Case # 07-04890

Sentencing Judge: The Honorable O. H. Eaton Jr.

Attorney, Trial: Tim Caudill – Public Defender’s Office

Attorney, Direct Appeal: Christopher Sinclair Quarles –Public Defender’s Office

Attorney, Collateral Appeals:  (TBA)


Date of Offense: 09/24/07

Date of Sentence: 11/19/08


Circumstances of Offense:


On 08/25/07, Andrew Allred hosted a party at his home tocelebrate his 21st birthday. Allred’s girlfriend, Tiffany Barwick,and his best friend, Michael Ruschak, attended theparty. Barwick had been living with Allred at hisfamily’s home for several months. Their relationship came to an abrupt end thatnight and Barwick demanded that Allred give her backher belongings. Allred, in response to her demand, began throwing Barwick’s belongings over the property’s fence. The policeresponded to a call about this incident and ordered Allred to stop, but did notarrest him. A few days later, Allred purchased a .45-caliber handgun. Due tothe legal waiting period, he did not take possession of the weapon until09/07/07. On that day, Allred used pictures of Barwickfor target practice and e-mailed a photo of the bullet-riddled pictures toher. 


In the days shortly before the murders, Allred learned that Ruschak and Barwick had sexualintercourse. Allred began sending threatening messages to both. He alsodiscussed his feelings of anger with a friend, Michael Siler. In an instantmessage exchange, Allred commented that he needed to start killing people. On09/23/07, the day before the murders, Allred sent numerous messagesspecifically threatening Ruschak’s life. He alsoinformed Barwick that he had hacked into her computerand had tampered with many of her files, including her bank account.


On the day of the murders, Allred was fired from his job.That evening, Allred and Siler went to dinner. They talked about work and othersubjects, but Siler testified that Allred was despondent and often shrugged inresponse to questions. The thought that Allred might be suicidal crossedSiler’s mind. On the way home from dinner, Allred stopped to buy beer but didnot drink any that night. When he got home, Allred contacted Ruschak and informed him that he was coming over. He knew Barwick would be with Ruschak.Allred picked up the handgun he had recently purchased and drove his truck to Ruschak’s house. At approximately 10:00 p.m. on 09/24/07,one of Ruschak’s neighbors saw a large black truckrepeatedly crashing into a white car and called 911. The neighbor then observedthe driver of the truck bang on Ruschak’s front doorand walk around the side of the house.


At the time of the murders, Ruschakwas living in the home of his friend Eric Roberts. Ruschakand Roberts had friends over that evening to watch a popular televisionprogram. Shortly after the guests had arrived, Ruschaktold everyone that Allred was coming over. Hearing this news put Barwick “in full panic mode.”  Soon after, guests inthe living room heard a loud sound outside. Ruschaklooked out front and saw that Allred had arrived. He quickly locked the frontdoor just before Allred began banging on it and loudly demanding to be let in.


Unable to enter the house through the front door, Allred wentto the back of the house, where the guests had assembled in the living room.After banging on the sliding glass door, Allred fired a shot into it,shattering the glass. He entered the house and said nothing. After seeing Ruschak peer around a corner, Allred walked past Robertsinto the kitchen and shot Ruschak several times. Atthis point, Roberts grabbed Allred from behind and asked him what he was doing.After a struggle, Allred shot Roberts in the leg. Roberts escaped out theshattered back door and ran to a neighbor’s house to get help.


At this point, most of the other guests had escaped and theonly individuals left in the house were Allred, Barwickand Kathryn Cochran. Barwick hid in the hall bathroomat the front of the house, while Cochran hid in the master bathroom. Whilestanding in the bathtub, Barwick placed a 911 call.The call was cut short as Allred entered the bathroom and, without saying aword, fired multiple shots into her. Barwickcollapsed in the tub and died.


Allred then left the crime scene and called 911. He reportedhe had killed two people and threatened to commit suicide. When Deputy SheriffDavid Kohn arrived at Allred’s home, Allred was standing at the end of thedriveway with his cell phone in his hand. His gun was on the ground. Allredtold the officer, “I’m the guy you’re looking for.” Allred was then turned overto the Oviedo Police Department for questioning.



Trial Summary:


10/23/07         Indicted as follows:

                                   Count I:          First-degree murder

                                   Count II:         First-degree murder

                                   Count III:        Armed burglary

                                   Count IV:        Aggravated battery with adeadly weapon

                                   Count V:         Criminalmischief/property damage   

09/22/08         Allred waived his right to a jury trial and was found guilty of all counts byJudge Eaton

11/19/08         Sentenced as follows:

                                   Count I:          First-degree murder – Death

                                   Count II:         First-degree murder –Death

                                   Count III:        Armed burglary – Life

                                   Count IV:        Aggravated battery with adeadly weapon – Life

                                   Count V:         Criminalmischief/property damage – 5 years           


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 08-2354


12/15/08         Appeal filed

12/16/10         Convictions and sentences affirmed

01/03/11          Motionfor rehearing

03/02/11          Motionfor rehearing denied

03/18/11          Mandateissued





Case Information:


On 12/15/08, Allred filed a direct appeal with the Florida SupremeCourt, in which he raised the following issues: (1) the cold, calculated, andpremeditated aggravator does not apply, (2) the heinous, atrocious, and cruelaggravator does not apply, (3) the mitigating factors were not given sufficientweight, (4) the voluntariness of his guilty plea, and (5) the proportionalityof his death sentence. Upon consideration of these issues, the Florida SupremeCourt affirmed Allred’s convictions and sentences on 12/16/10. On 01/03/11,Allred filed a motion for rehearing in the Florida Supreme Court that wasdenied on 03/02/11. The Florida Supreme Court issued a mandate on 03/18/11.




Institutional Adjustment:




Report Date:  01/19/11          JJK

Approved:       01/19/11         RM

Updated:         03/29/11         JJK