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. 

 

JONES, David (W/M)

DC#    914949

DOB: 03/08/58

 

­­­Fourth Judicial Circuit, Duval County Case # 95-1632

Sentencing Judge: The Honorable William Wilkes

Attorney, Trial: Alan Chipperfield – Assistant Public Defender

Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender

Attorney, Collateral Appeals:  Harry Brody – Registry

 

Date of Offense:         01/31/95

Date of Sentence:       04/25/97

 

Circumstances of Offense:

 

Lori McRae left the post office where she worked at 12:35 a.m. on 01/31/95 and drove away in her red and gray Chevrolet Blazer.  She called her husband to tell him that she was stopping at the Winn-Dixie on the way home.  When she did not arrive at 1:45 a.m., her husband called the police. 

 

A Walgreen’s employee, Clayton Chou, who worked at the store adjacent to the Winn-Dixie reported seeing Lori McRae approached by and engaged in a conversation by a man in the store.  Chou picked Jones out of a photographic lineup.  David Jones was the last person seen with Lori McRae. 

 

On 01/31/95, a man, later identified as Jones, drove a red Blazer to an automobile detailing business and inquired about having the inside of the vehicle cleaned.  The owners of the business noticed that the man had several tattoos and had scratches on his face.  Later, one of the owners, Dennis Marsh, saw a picture of a red Blazer on a news report that linked the Blazer to the disappearance of McRae.  Marsh telephoned police and later picked Jones out of a photographic lineup. 

 

ATM surveillance records showed a man, later identified as Jones, withdrawing money from McRae’s account.  Over a 35 hour period, 105 transactions were attempted, with 11 successful in obtaining a total of $600. 

 

Police staked out ATMs and arrested Jones, who was driving a red Blazer whose tag number matched McRae’s Blazer.  Police found trace amounts of blood in the vehicle. 

 


On 02/21/95, after his arrest, Jones told correctional officers that he needed to talk to police, saying “I need to confess and I need to tell where the body is.”  Jones confessed to the murder to correctional officers and later to Detective Parker of the Jacksonville Police Department.  Jones led police to the body, which was dumped in Baker County.  McRae’s body was severely decomposed, and the time of death was determined to be three weeks earlier.  The cause of death was ligature strangulation with a cord.  McRae’s body was bound around the legs, had bruising to the extremities, and defensive wounds.

 

Additional Information:

 

Jones was arrested and pled guilty to the Second-Degree Murder of Jasper Highsmith.  The murder occurred after Jones escaped from jail, where he was being held on a Burglary charge.  On 03/19/87, Jones was sentenced to a prison term of 20 years. 

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

01/27/1986

2ND DEG.MURD,DANGEROUS ACT

03/19/1987

DUVAL

8601106

20Y 0M 0D

01/26/1986

BURGUNOCCSTRUC/CV OR ATT.

03/19/1987

DUVAL

8601107

5Y 0M 0D

01/26/1986

BURGLARY TOOLS-POSSESS

03/19/1987

DUVAL

8601107

5Y 0M 0D

 

 

Trial Summary:

 

02/13/97          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Robbery

                                    Count III:        Kidnapping

03/21/97          Jury returned guilty verdicts on all counts of the indictment

04/10/97          Jury recommended death by a vote of 9-3

04/25/97          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Robbery – 15 years

                                    Count III:        Kidnapping – Life Imprisonment

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 90,664

748 So. 2d 1012

 

05/30/97          Appeal filed

11/12/99          FSC affirmed convictions and sentences

01/12/00          Rehearing denied

02/17/00          Mandate issued

 

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

USSC# 99-8980

530 U.S. 1232

 

04/10/00          Petition filed

06/12/00          USSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 95-1632

 

06/12/01          Motion filed

04/28/03          Motion amended

10/27/04          CC denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-2217

949 So. 2d 1021

 

11/18/04          Appeal filed

12/14/06          FSC affirmed denial of motion

02/15/07          Rehearing denied

03/05/07          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-1612

949 So. 2d 1021

 

09/06/05          Petition filed

12/14/06          FSC denied petition

03/05/07          Mandate issued

 

United States District Court, Middle District- Petition for Writ of Habeas Corpus

USDC #07-cv-00146

 

03/05/07          Petition filed

03/09/10          Petition denied

 

Circuit Court – 3.850 Motion

CC# 95-1632

 

09/21/07          Petition filed

09/16/08          Petition denied

 

United States Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA #
(Pending)

 

04/02/10          Appeal filed

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 10-6195

 

08/30/10          Petition filed

11/01/10          Petition denied

 

Circuit Court – Successive 3.851 Motion

CC# 95-1632

(Pending)

 

03/23/11          Motion filed

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The United States District Court Habeas Corpus Petition has been pending since 03/05/07.

 

The 3.850 Motion was pending from 06/12/01 – 10/27/04.

 

Case Information:

 

Jones filed a Direct Appeal with the Florida Supreme Court on 05/30/97, citing the following errors:  failing to suppress the statements to Detective Parker and correctional officers; improper comments by a State witness as to Jones’ right to remain silent; introducing irrelevant evidence of racial prejudice; failing to establish sufficient evidence of premeditation; excluding testimony of an expert on the effects of crack cocaine addiction; allowing details of the Highsmith murder into the penalty phase; refusing to allow Jones’ prior counsel to testify regarding the contents of a competency evaluation performed during the 1986 murder proceeding; failing to establish sufficient evidence to support the aggravating factor of murder to avoid arrest; denying a motion for counsel to withdraw; failing to find error in the victim impact evidence; failing to find error in the instructions on the heinous, atrocious, or cruel and felony-murder aggravating factors; and the constitutionality if the death penalty.  On 11/12/99, the FSC affirmed the convictions and sentences. 

 

Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/10/00 that was denied on 06/12/00. 

 

Jones filed a 3.850 Motion with the Circuit Court on 06/12/01 and amended the motion on 04/28/03.  The motion was denied on 10/27/04.

 

Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 11/18/04, raising allegations of ineffective assistance of counsel.  On 12/14/06, the FSC affirmed the denial of the motion. 

 

Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 09/06/05, raising allegations of ineffective assistance of counsel.  On 12/14/06, the FSC denied the petition.

 

On 03/05/07, Jones filed a Petition for Writ of Habeas Corpus in the U.S. District Court, Middle District.  This petition was denied on 03/09/10.

 

Jones filed a Successive Motion to Vacate in the Circuit Court on 09/21/07 that was denied on 09/16/08.

 

On 04/02/10, Jones filed a Petition for Writ of Habeas Corpus Appeal with the United States Court of Appeals, 11th Circuit.  This appeal is still pending.

 

On 08/30/10, Jones filed a Petition for Writ of Certiorari with the United States Supreme Court.  This petition was denied on 11/01/10.

 

On 03/23/11, Jones filed a Successive 3.851 Motion in the Circuit Court.  This motion is currently pending.

 

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      

09/22/98               116                         UNAUTH USE OF DRUGS               FLORIDA STATE PRISON

10/18/98               30                           POSS OF CONTRABAND                 FLORIDA STATE PRISON

10/16/01               180                         UNAUTH USE OF DRUGS               UNION C. I.        

 

________________________________________________________________________

 

Report Date:   07/07/04          JFL

Approved:       07/08/04          EW

Updated:         04/18/11          CAR