The Commission on Capital Cases updates this information regularly.  This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

BOYD, Lucious (B/M)

DC#     699893

DOB:   03/22/59

 

­­­Seventeenth Judicial Circuit, Broward County Case # 99-5809

Sentencing Judge: The Honorable Ronald Rothschild

Attorney, Trial:  Bill Laswell & James Ongley – Assistant Public Defenders

Attorney, Direct Appeal:  Gary Lee Caldwell – Assistant Public Defender

Attorney, Collateral Appeals:  Suzanne Keffer – CCRC-S

 

Date of Offense:           12/05/98

Date of Sentence:         06/21/02

 

Circumstances of Offense:

 

In the early morning hours of 12/05/98, Dawnia Dacosta’s car ran out of gas while she was returning from a midnight church service.  She walked to a nearby Texaco gas station and filled a gas can with a gallon of gas.  People at the gas station saw Dacosta speaking with a black male in the parking lot.  Dacosta was last seen getting into a teal church van with the man to whom she had been speaking, later identified as Lucious Boyd. 

 

On 12/07/98, Dacosta’s body was discovered in an alley behind a warehouse.  The body was wrapped in a shower curtain liner, a brown bed sheet, and a yellow bed sheet.  A laundry bag and two large black trash bags covered her head.   Forensic evidence showed that Dacosta died due to a penetrating head wound.  Bruising on Dacosta’s head was consistent with the face plate of a reciprocating saw, and wounds to the chest, arms, and head were consistent with a torque screwdriver.  Dacosta’s body also had vaginal bruising. 

 

Lucious Boyd did routine maintenance for the Hope Outreach Ministry Church, which owned a teal van.  Boyd was driving the van on the weekend of the Dacosta murder.  Witnesses at the gas station where Dacosta was last seen alive recalled seeing the word “Hope” on the teal van that Dacosta was seen leaving the gas station in.  The van contained various tools owned by the church, including a set of torque screwdrivers and a reciprocating saw. 

 

DNA and hair evidence from Dacosta’s body matched Boyd’s DNA profile.  Bite marks on Dacosta’s arm were consistent with Boyd’s teeth.  Tire tracks on one of the sheets used to cover Dacosta were consistent with the tires on the church van. 

 

Prior Community Supervision History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Community Supervision Length

07/08/1990

CONSTRUCTIVE POSSESSION

04/08/1991

BREVARD

9011890

1Y 6M 0D

07/08/1990

CONSTRUCTIVE POSSESSION

04/08/1991

BREVARD

9011890

1Y 0M 0D

 

 

Trial Summary:

 

05/14/99          Indicted as follows:

                                    Count I:            First-Degree Murder

                                    Count II:           Sexual Battery

                                    Count III:         Armed Kidnapping

01/30/02          Jury returned guilty verdicts on all counts of the indictment

03/12/02          Jury recommended death by a vote of 12-0

06/21/02          Sentenced as follows:

                                    Count I:            First-Degree Murder – Death

                                    Count II:           Sexual Battery – 15 Years

                                    Count III:         Armed Kidnapping – Life Imprisonment

  

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 02-1590

910 So. 2d 167

 

07/19/02          Appeal filed

02/10/05          FSC affirmed convictions and sentences

06/16/05          Revised opinion issued

08/24/05          Rehearing denied

09/09/05          Mandate issued

 

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

USSC# 05-7787

126 S. Ct. 1350

 

11/18/05          Petition filed

02/21/06          Petition denied

 

Circuit Court – 3.851 Motion

CC# 99-5809

 

02/14/07          Motion filed

05/29/09          Motion amended

 

Case Information:

 

Boyd filed a Direct Appeal with the Florida Supreme Court on 07/19/02, citing the following errors: refusing to declare a mistrial due to juror discussing outside information, overruling a defense request for material, relying on insufficient evidence for conviction, overruling an objection to admitting evidence of other crimes, overruling an objection to the State’s cross-examination of Boyd, failing to consider the testimony of competency experts, failing to order a competency hearing, allowing Boyd to waive mitigation, giving great weight to the jury’s recommendation, allowing invalid presentation of mitigation by not allowing Boyd’s counsel to call witnesses, finding aggravating circumstances not supported by the evidence, allowing photographs of the victim to be presented, failing to properly assess mitigation, and failing to proportionately sentence.  On 02/10/05, the FSC affirmed the convictions and sentences. 

 

Boyd filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/18/05 that was denied on 02/21/06.

 

Boyd filed a 3.851 Motion with the Circuit Court on 02/14/07 which was amended on 05/29/09. The motion is pending.

 

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Report Date:     11/03/05          JFL

Updated:          09/08/09          KKR