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. 

 

KRAWCZUK, Anton Joseph (W/M)

DOC#             721842

DOB:  06/08/59

 

Twentieth Judicial Circuit, Lee County Case# 90-2007CFB

Sentencing Judge:  The Honorable James R. Thompson

Attorney, Trial:  Barbara LeGrande – Private

Attorney, Direct Appeal:  Jennifer Y. Fogle – Assistant Public Defender

Attorney, Collateral Appeals:  Melissa M. Donoho & Suzanne Keffer – CCRC-S

 

Date of Offense:  09/13/90

Date of Sentence:  02/13/92

 

Circumstances of the Offense:

 

A decomposing body, later identified as David Staker, was found on 09/13/90, in the woods of Charlotte County.  The employer of David Staker had previously notified authorities in Lee County that Staker had not retrieved his paycheck and had also missed several workdays.  When Staker’s employer went to his house, she found the front door open, and the disarray of the house suggested that it may have been robbed.

 

Gary Sigelmier contacted the Lee County Sheriff’s office and reported that he believed he might have purchased items stolen from Staker’s residence.  Anton Krawczuk and his codefendant, Billy Poirier, were identified as the individuals who sold Sigelmier the stolen property.  Deputies from both Lee and Charlotte Counties went to a Lee County house shared by Krawczuk and Poirier.  The deputies found the suspects at their residence and brought them back to the Lee County Sheriff’s Office.  Krawczuk waived his Miranda rights and confessed to Staker’s murder.

 

As stated by Krawczuk in his confession, Krawczuk and Poirier both had a casual homosexual relationship with Staker for a six-month duration.  Krawczuk and Poirier had decided about a week before the crime to murder and rob Staker. Krawczuk set up a time with Staker when both he and Poirier would visit the victim at his home.  Krawczuk drove to Poirier’s workplace to pick him up and Poirier changed clothes at home before Krawczuk parked the car in a shopping center within walking distance of Staker’s house.  The pair walked to Staker’s house and proceeded to spend the next half hour watching television.  Per Krawczuk’s suggestion, they all proceeded to the bedroom.  While the three men were naked on the bed, Krawczuk began acting aggressively and began to choke Staker.  Poirier held Staker’s mouth and nose shut to cut off the victim’s oxygen.  Staker fought his attackers and attempted to assault Krawczuk with a lamp, but Poirier took the lamp away from Staker.  Krawczuk continued choking him for approximately ten minutes.  After this time, Krawczuk poured drain cleaner and water twice down his throat.  Poirier then put a washcloth in Staker’s mouth and taped it in.  Before putting Staker in the bathtub, Krawczuk tied the victim’s ankles together.

 

Krawczuk and Poirier loaded up Staker’s pickup truck with stolen goods that included the following items: stereo equipment, two television sets, five rifles, a video recorder and a pistol.  The pair also put the victim’s body in the truck before driving to Sigelmier’s house.  It was at this point that Sigelmier bought some of the stolen items and agreed to store the other items.  Krawczuk and Poirier drove back to their car, moved the victim’s body into it, then proceeded to abandon Staker’s vehicle.  Krawczuk drove to a rural place that he had previously scouted out, and they abandoned the victim’s body.

 

Codefendant Information:

 

William Andrew Poirier (DC# 718440)

Poirier was sentenced to 35 years for second-degree murder and 15 years for robbery (CC# 90-2007).

 

Trial Summary:

 

10/03/90          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Robbery

09/27/91          Jury returned guilty verdicts on all counts of the indictment

02/05/92          Jury recommended death by a vote of 12-0

02/13/92          Sentenced as follows:

                                    Count I:            First-Degree Murder – Death

                                    Count III:         Robbery – 15 years

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 79, 491

634 So. 2d 1070

 

03/11/92          Appeal filed

03/17/94          FSC affirmed conviction and sentence

04/20/94          Rehearing denied

05/20/94          Mandate issued


United States Supreme Court – Petition for Writ of Certiorari

USSC# 94-5047

513 U.S. 881; 115 S. Ct. 216; 130 L. Ed. 2d 143

 

07/05/94          Petition filed

10/03/94          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 90-2007 CFB

 

10/03/95          Motion filed

10/11/95          Amended motion filed

03/15/02          Second amended motion filed

03/08/04          Third amended motion filed

01/25/10          Amended motion denied

02/09/10          Motion for Rehearing filed

03/08/10          Motion for Rehearing denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 10-680

(Pending)

 

04/12/10          Appeal filed

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 11-10

(Pending)

 

01/04/11          Petition filed

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The 3.850 Motion has been pending in the circuit court for about seven years due to public records issues, an influx of new judges in the circuit, illnesses, and other unanticipated circumstances.

 

Case Information:

 

Krawczuk filed a direct appeal to the Florida Supreme Court on 03/11/92.  Issues that were raised included whether the trial court erred in not granting the defendant’s motion to suppress the confession and whether the trial court erred in failing to find the existence of nonstatutory mitigators.  The Court affirmed the conviction and sentence on 03/17/94.

 

Krawczuk filed a petition for a Writ of Certiorari to the United States Supreme Court on 07/05/94, which was denied on 10/03/94. 

 

Krawczuk filed a 3.850 motion to the Circuit Court on 10/03/95, which was amended on 10/11/95.  On 03/15/02, a second amended motion was filed.  On 03/08/04, a third amended motion was filed.  The amended motion was denied on 01/25/10. A Motion for Rehearing was filed on 02/09/10, and was denied on 03/08/10.

 

A 3.850 Appeal was filed in the Florida Supreme Court by Krawczuk on 04/12/10. This case is currently pending.

 

On 01/04/11, Krawczuk filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. This petition is currently pending.

 

 

 

Institutional Adjustments:

 

DATE             DAYS             VIOLATION                                     LOCATION       

--------              ----                   -----------------                            ------------------- 

03/21/06          180                  UNAUTH USE OF DRUGS             UNION C.I.

 

 

Report Date:   05/20/02          CC

Approved:       05/27/02          WS

Updated:         02/08/11          EMJ