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.
GASKIN, Louis B. (B/M)
AKA: Louis B. Gaskins; Pappa
DC# 751166
DOB: 03/11/67
Seventh Judicial Circuit, Flagler County Case # 90-01
Sentencing Judge: The Honorable Kim Hammond
Attorney, Trial: Raymond Cass, Jr. – Assistant Public Defender
Attorney, Direct Appeal: Christopher Quarles – Assistant Public Defender
Attorney, Collateral Appeals: Robert Strain & Carol Rodriguez – CCRC-M
Date of Offense: 12/20/89
Date of Sentence: 06/19/90
Circumstances of Offense:
On the evening of 12/20/89, Louis Gaskin spotted a light in the Palm Coast home of Robert and Georgette Sturmfels. Gaskin parked his car in the woods and, with a loaded gun, approached the Sturmfels home. Gaskin saw the Sturmfels in the den and fired two shots through the window, striking Mr. Sturmfels. When Mrs. Sturmfels rose to leave the room, Gaskin shot her once and Mr. Sturmfels once more. Mrs. Sturmfels crawled into the hallway, and when Gaskins saw her through an outside door, he shot her again. Gaskin then pulled out a window screen, broke a window, and entered the house. He fired one more bullet into each of the Sturmfels’ heads and covered the bodies with blankets. Gaskin then burglarized the house, taking lamps, VCRs, cash, and jewelry.
Gaskin then went to the home of Joseph and Mary Rector, whom he also found in the den of their home. While Gaskin cut their phone lines, the Rectors turned off the lights and went to bed. Gaskin threw a log and rocks at the house to rouse the Rectors, and when Mr. Rector went to investigate the disturbance, Gaskin shot him from outside the house. The Rectors managed to escape in their car, with Gaskin firing shots at the car.
Gaskin was implicated in the crimes by Gaskin’s girlfriend’s cousin, Alfonso Golden. Golden told authorities that Gaskin arrived at Golden’s home on the night of the murders to drop off some Christmas presents. Gaskin told Golden that he had “jacked” the presents and left the victims “stiff.” Golden learned of the robberies and murders after watching the news and called the authorities to report Gaskin’s involvement in the crimes.
Gaskin was arrested on 12/30/89 and more stolen property was found in a search of his home. After signing a rights-waiver form, Gaskin confessed to the crimes and led the authorities to further evidence of the crime in a nearby canal. The “presents” left at the Golden’s home were subsequently identified as belonging to the Sturmfels.
Prior Incarceration History in the State of Florida:
On 06/19/90, Gaskin was sentenced to 2.5 years each for two charges of Burglary that occurred on 06/09/88.
At the time of sentencing for the Sturmfels murders, Gaskin was under indictment for numerous crimes. In a plea agreement with the State, whereby Gaskin avoided multiple death sentences, Gaskin pled guilty to the following charges:
|
Offense |
Offense |
Sentence |
County |
Case # |
Prison Sentence |
|
|
|
09/15/1989 |
1ST DEG MUR,COM.OF FELONY |
06/26/1990 |
VOLUSIA |
9000068 |
SENTENCED TO LIFE |
|
|
|
09/15/1989 |
1ST DEG MUR,COM.OF FELONY |
06/26/1990 |
VOLUSIA |
9000068 |
SENTENCED TO LIFE |
|
|
|
09/15/1989 |
ROBBERY W/FIREARM OR D/WEAPON |
06/26/1990 |
VOLUSIA |
9000068 |
SENTENCED TO LIFE |
|
|
|
12/20/1989 |
AGG ASSLT-W/WPN NO INTENT TO KILL |
08/09/1990 |
FLAGLER |
9000311 |
15Y 0M 0D |
|
|
|
12/20/1989 |
POSS.FIREARM BY FELON |
08/09/1990 |
FLAGLER |
9000017 |
15Y 0M 0D |
|
|
|
11/20/1986 |
1ST DG MUR/PREMED. OR ATT. |
08/09/1990 |
FLAGLER |
9000007 |
SENTENCED TO LIFE |
|
|
|
11/20/1986 |
BURGLARY,ARMED W/EXP. OR WEAPON |
08/09/1990 |
FLAGLER |
9000007 |
SENTENCED TO LIFE |
|
|
Trial Summary:
03/27/90 Indicted as follows:
Count I First-Degree Murder (Robert Sturmfels)
Count II First-Degree Murder–Felony (Robert Sturmfels)
Count III First-Degree Murder (Georgette Sturmfels)
Count IV First-Degree Murder–Felony (Georgette Sturmfels)
Count V Armed Robbery (Sturmfels)
Count VI Armed Burglary (Sturmfels)
Count VII Attempted First-Degree Murder (Joseph Rector)
Count VIII Attempted First-Degree Murder (Mary Rector)
Count IX Armed Robbery (Rectors)
Count X Armed Burglary (Rectors)
06/15/90 Jury returned guilty verdicts on all counts of the indictment, except on
Count VIII, where the jury returned a not guilty verdict.
06/18/90 Jury recommended death sentences by two votes of 8-4
06/19/90 Sentenced as follows:
Count I First-Degree Murder – Death
Count II First-Degree Murder – Death
Count III First-Degree Murder – Death
Count IV First-Degree Murder – Death
Count V Armed Robbery – 30 years
Count VI Armed Burglary – Life Imprisonment
Count VII Attempted First-Degree Murder – Life
Imprisonment
Count IX Armed Robbery – 30 years
Count X Armed Burglary – Life Imprisonment
08/09/90 State and Defense agree to resentencing on Counts V & IX.
Resentenced as follows:
Count V Armed Robbery – Life Imprisonment
Count IX Armed Robbery – Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 76,326
591 So.2d 917
07/18/90 Appeal filed
12/05/91 Convictions and sentences affirmed and remanded in part
01/06/92 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 91-7634
505 U.S. 1216
03/16/92 Petition filed
06/29/92 USSC granted Petition and remanded case to FSC for reconsideration
Florida Supreme Court – Direct Appeal (on remand)
FSC# 76,326
615 So.2d 679
03/18/93 Convictions and sentences affirmed
04/19/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 93-5788
510 U.S. 925
08/10/93 Petition filed
10/12/93 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 90-01
03/21/95 Motion filed
01/17/97 Circuit Court denied Motion, without evidentiary hearing
Florida Supreme Court – 3.850 Motion Appeal
FSC# 90,119
737 So.2d 509
03/17/97 Appeal filed
07/01/99 FSC affirmed in part and remanded case to Circuit Court for evidentiary
hearing
08/30/99 Rehearing denied
09/29/99 Mandate issued
Circuit Court – 3.850 Motion (on remand)
CC# 90-01
04/13/00 Evidentiary hearing held
08/24/00 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 00-2025
822 So.2d 1243
09/28/00 Appeal filed
06/13/02 FSC affirmed denial of Motion
07/15/02 Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 03-547
06/27/03 Petition filed
03/23/06 USDC denied petition
05/01/06 COA denied
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 06-12351
494 F.3d 997
04/19/06 Appeal filed
08/03/07 Appeal denied
09/16/07 Mandate issued
Factors Contributing to the Delay in Imposition of Sentence:
On Direct Appeal, the FSC remanded the case to the Circuit Court for reconsideration. Also, the U.S. Supreme Court granted certiorari in the case and remanded it to the FSC for reconsideration.
Case Information:
On 07/18/90, Gaskin filed a Direct Appeal with the Florida Supreme Court, citing the following errors: denial of a motion for change of venue; erroneously adjudicating him guilty for both felony and premeditated murder in each of the two deaths; failure of the court stenographer to record certain bench proceedings; impermissible comments made by the trial judge; unconstitutional capital sentencing statute; Gaskin’s absence from a firing range demonstration; and erroneous consideration of aggravating and mitigating circumstances. On 12/05/91, the FSC ruled that the Circuit Court improperly adjudicated Gaskin guilty of both felony and premeditated murder and ordered two of the death sentences vacated, leaving two death sentences intact and affirming the other convictions and sentences.
On 03/16/92, Gaskin filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was granted on 06/29/92. The USSC remanded the case to the FSC for reconsideration in light of its ruling on the constitutionality of Florida’s heinous, atrocious, and cruel aggravating circumstance.
On 03/18/93, the FSC again affirmed the convictions and sentences of Gaskin.
On 08/10/93, Gaskin filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/12/93.
On 03/21/95, Gaskin filed a 3.850 Motion with the Circuit Court that was denied, without evidentiary hearing, on 01/17/97.
On 03/17/97, Gaskin filed a 3.850 Motion Appeal with the Florida Supreme Court, citing claims of ineffective assistance of counsel. On 07/01/99, the FSC remanded the case to the Circuit Court for an evidentiary hearing.
On 04/13/00, the Circuit Court held an evidentiary hearing and denied the 3.850 Motion on 08/24/00.
On 09/28/00, Gaskin filed a 3.850 Motion Appeal with the Florida Supreme Court, citing issues of ineffective assistance of counsel. The FSC affirmed the denial of the 3.850 Motion on 06/13/02.
On 06/27/03, Gaskin filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District of Florida that was denied on 03/23/06. Gaskin’s Certificate of Appealability was denied on 05/01/06.
On 04/19/06, Gaskin filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 04/19/06. This appeal was denied on 08/03/07, and a mandate was issued on 09/06/07.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
01/30/91 20 DISOBEYING ORDER FLORIDA STATE PRISON
02/26/91 30 DISOBEYING ORDER FLORIDA STATE PRISON
08/31/94 0 DISOBEYING ORDER UNION C. I.
07/31/95 0 POSS OF CONTRABAND UNION C. I.
04/05/01 0 MISUSE OF STATE PROP UNION C. I.
________________________________________________________________________
Report Date: 09/22/03 JFL
Approved: 10/02/03 WS
Updated: 09/25/07 MCL