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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These actions are effective July 1, 2011.

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Last NameFirst NamePictureDC NumberAgencyCase Summary
HurstTimothy 124669RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
9/24/2007FSC07-1798 3.850 Appeal
6/20/2008FSC07-1798Initial brief
5/5/2009FSC07-1798Oral Arguments scheduled
9/17/2009FSC07-1968Remanded for New Penalty Phase
10/16/2003CC98-17953.850 Motion
6/16/2004CC98-1795Evidentiary Hearing
7/7/2004CC98-1795Evidentiary Hearing
9/30/2004CC98-1795Motion supplemented
1/20/2006CC98-1795Huff Hearing
6/5/2006CC98-1795Status Conference
8/23/2007CC98-1795Motion denied
3/29/2010CC98-1795Jury Trial

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
BrodyHarry P.Sarasota, FLP.O. Box 503934277-5039941/350-4376 


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Brody98-1795 CFANoblesEscambiaNorth-P07/20/0908/20/09

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. 


HURST, Timothy Lee (B/M)

DC#     124669

DOB:   12/12/78


First Judicial Circuit, Escambia County Case # 98-1795

Sentencing Judge: The Honorable Linda Nobles

Attorney, Trial: R. Glenn Arnold – Private

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

Attorney, Collateral Appeals: Harry Brody – Registry


Date of Offense:          05/02/98

Date of Sentence:        04/26/00


Circumstances of Offense:


Cynthia Harrison was an assistant manager of a Popeye’s fastfood restaurant in Pensacola, Florida.  Timothy Hurst was a morning prepperson at the same restaurant, and his responsibility was to make rice andbiscuits and wash dishes.  On 05/02/98, Harrison and Hurst were scheduledto work at 8:00 a.m.  The two were scheduled to be the only workers in therestaurant until another worker arrived at 9:00 a.m. 


On the morning of May 2nd, Davis Kladitis, an occasionalcustomer at Popeye’s, was standing outside a feed store near the restaurantwhen he saw Harrison drive by and waved to her.  Kladitis also saw anothercar behind Harrison’s, being driven by a black man.  Kladitis lateridentified the car as the one belonging to Timothy Hurst.  Carl Hess, whoworked at a nearby Wendy’s restaurant, reported seeing Hurst being let into thePopeye’s restaurant by Harrison. 


At 7:55 a.m. on May 2nd, Jeanette Hayes, an employee ofanother Popeye’s restaurant in Pensacola, called the restaurant that Harrisonand Hurst worked at and informed her that a delivery truck was en route. Hayes noted that Harrison did not sound scared. 


Tanya Crenshaw, another assistant manager at the restaurant,arrived at the restaurant at 10:30 a.m. to find two employees and a deliverytruck driver waiting outside the restaurant.  Hurst was nowhere to befound, but Harrison’s body was found in the freezer. 


Harrison’s body was bound and gagged with black electricaltape.  The body had over sixty incised slash and stab wounds, all of whichwere consistent with having been made by a box cutter, which was found by theback door of the restaurant. 



Lee Smith, a friend of Hurst, testified that Hurst hadstopped by his house on the evening before the murder and told Smith that he[Hurst] planned to rob the Popeye’s restaurant where he worked.  At 8:30a.m. on May 2nd, Hurst returned to Smith’s house, carrying a clear plasticcontainer with money in it and a bank bag.  The amount of money taken byHurst was later determined to be $1751.54 of the store’s proceeds and $375 insmall bills and change, all taken from the restaurant’s safe.  Hurst toldSmith that he had killed “the manager” and put her in the freezer.  Smithwashed Hurst’s pants, which had blood spots on them, and he also helped Hurstdispose of Harrison’s wallet and Hurst’s shoes and socks.  Hurst, Smith,and Hurst’s brother then went to a Wal-Mart store and bought a pair of shoesfor Hurst. The three then went to a pawn shop, where Hurst bought three ringsfor $300. 


Lee Smith’s parents were out of town at the time of themurder, but when they returned and found the clear plastic container and moneyin Smith’s room, they called the police.  Police interviewed Smith and searcheda garbage can, where they found a coin purse with Harrison’s driver’s licensein it, a bank bag marked with “Popeye’s” and Harrison’s name on it, a bankdeposit slip, and a bloody sock and shoes that belonged to Hurst. 


Trial Summary:


05/26/98         Indicted as follows:

                                   Count I:           First-Degree Murder   

03/23/00         Jury returned a guilty verdict on the sole count of the indictment

03/23/00         Jury recommended death by a vote of 11-1

04/26/00         Sentenced as follows:

                                   Count I:           First-Degree Murder – Death


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 00-1042

819 So.2d 689


05/12/00         Appeal filed

04/18/02         FSC affirmed conviction and sentence

06/03/02         Rehearing denied and Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 02-5912

537 U.S. 977


08/20/02         Petition filed

10/21/02         USSC denied Petition


Circuit Court – 3.850 Motion

CC# 98-1795


10/16/03         Motion filed

09/30/04         Motion supplemented

01/24/05         Motion amended

05/23/05         Motion amended

09/29/05         Motion amended

08/23/07         Motion denied


Florida Supreme Court – 3.850 Appeal

FSC# 07-1798  


09/24/07         Appeal filed

09/17/09          Appeal Granted.  New Penalty Phase


Factors Contributing to the Delay in Imposition ofSentence:


The case progression appears to be within acceptable time parameters.


Case Information:


Hurst filed a Direct Appeal with the Florida Supreme Courton 05/12/00, citing the following errors: finding the avoid arrest aggravatingcircumstance, failing to consider mitigating circumstances, disproportionalityof the death sentence, and failing to notify the jury of the aggravatingcircumstances to be considered.  On 04/18/02, the FSC affirmed theconviction and sentence. 


Hurst filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/20/02 that was denied on 10/21/02.


Hurst filed a 3.850 Motion with the Circuit Court on10/16/03, supplemented the motion on 09/30/04, and amended the motion on01/24/05, 05/23/05, and 09/29/05.  The motion was denied on08/23/07. 


On 09/24/07, Hurst filed a 3.850 Appeal in the FloridaSupreme Court.  On 9/17/09, the Florida Supreme Court granted the appealand remanded for a new penalty phase proceeding before a jury, which mayconsider available evidence of aggravation and mitigation.


Institutional Adjustment:




DATE            DAYS             VIOLATION                                  LOCATION      

05/07/06         30                  FAILURE TOCOMPLY                   UNIONC.I.         




Report Date:    06/02/04          JFL

Approved:       06/07/04          EW

Updated:         04/27/10          CAR