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.
KORMONDY, Johnny Shane (W/M)
DC# 200754
DOB: 05/20/72
First Judicial Circuit, Escambia County Case# 93-3302
Sentencing Judge: The Honorable Joseph Q. Tarbuck
Attorneys, Trial: T. Stitt & R. Davis – AssistantPublic Defenders
Attorney, Trial (Resentencing): Glenn Arnold – Private
Attorney, Direct Appeal: Chet Kaufman – Assistant PublicDefender
Attorney, Direct Appeals (Resentencing): Chet Kaufman– Assistant Public Defender
Attorney, Collateral Appeals: Michael Reiter –Registry
Date of Offense: 07/11/93
Date of Sentence: 10/7/94
Date of Resentencing: 07/07/99
Circumstances of Offense:
Kormondy was convicted of the murder of Gary McAdams, whichoccurred on 07/11/93.
In the early morning hours of 07/11/93, the victims, GaryMcAdams and his wife Cecilia McAdams, had returned from a high school reunion.They heard a knock at their door. When Mr. McAdams opened the door, CurtisBuffkin was on the other side holding a gun. Buffkin forced his way into thehouse and ordered the McAdams to get down on the kitchen floor and keep theirheads down. James Hazen and Johnny Kormondy then entered the house. BothKormondy and Hazen had socks on their hands. After the three men took personalvaluables from the McAdams, the phones were disconnected from the wall and theblinds were closed. At this point, one of the men took Mrs. McAdams to abedroom in the back and forced her at gunpoint to remove her dress and toperform oral sex on him. One of the other men, described as havingsandy-colored hair that hung down to his collar bone, entered the room andproceeded to rape Mrs. McAdams while the first man forced her to perform oralsex on him again. After she was taken to the kitchen, naked, and placed withher husband, one of the men took her back to the bedroom and raped her again.While he was raping her, a gunshot was fired in the front of the house. Mrs.McAdams heard one of the men yell for “Bubba” or “Buff”, and the man raping herstopped and ran to the front of the house. Mrs. McAdams left the bedroom andwas walking towards the front of the house when she heard a gunshot from thebedroom. When she entered the kitchen, she saw Mr. McAdams on the floor withblood coming from the back of his head.
After the murder, Kormondy’s wife asked him to leave the familyhome. Kormondy left and moved in with Willie Long. Kormondy confessed to Longabout the murder and admitted that he had shot Mr. McAdams but, explained ithad gone off accidentally. Long went to the police because of the $50,000reward for information.
During the trial, the medical examiner testified that Mr.McAdams’ death was caused by a contact gunshot wound, meaning the barrel of thegun was pressed to Mr. McAdams’ head.
Codefendant Information:
Curtis Buffkin (DC# 103884)
Buffkin was sentenced to life for his participation in theoffense that occurred on 07/11/93 (CC# 93-3302).
James Hazen (DC# 391126)
Hazen was sentenced to life for his participation in theoffense that occurred on 07/11/93 (CC# 93-3302).
Additional Information:
Kormondy, Hazen, and Buffkin were indicted on 07/27/93 andtried separately. Buffkin was offered a plea bargain by the State in return forassistance in the prosecution of Hazen and Kormondy.
The trial records are inconsistent as to the location ofHazen and Buffkin at the time of Mr. McAdams shooting. During Kormondy’s trial,Mrs. McAdams testified that Buffkin was with her in the bedroom when the shotwas fired. In testimony given by Officer Hall, Kormondy told him in anunrecorded statement that Buffkin fired the fatal shot and that Hazen was inthe bedroom with Mrs. McAdams. In a confession recorded for the jury, Kormondystated again that it was Buffkin who fired the fatal shot.
During Hazen’s trial, Buffkin testified that Kormondy firedthe fatal shot, and that Hazen was in the bedroom with Mrs. McAdams. Hazentestified that he was not present at the scene when the crimes occurred.
Prior Incarceration History in the State of Florida:
| 11/25/89 | BURGUNOCCSTRUC/CV OR ATT. | 05/21/91 | ESCAMBIA | 8906828 | 3Y 0M 0D |
| 11/25/89 | GRAND THEFT,$300 LESS &20,000 | 05/21/91 | ESCAMBIA | 8906828 | 3Y 0M 0D |
| 01/17/90 | GRAND THEFT MOTOR VEHICLE | 05/21/91 | ESCAMBIA | 9000603 | 3Y 0M 0D |
| 01/17/90 | BURG/DWELL/OCCUP.CONVEY | 05/21/91 | ESCAMBIA | 9000603 | 3Y 0M 0D |
| 01/06/90 | GRAND THEFT MOTOR VEHICLE | 05/21/91 | ESCAMBIA | 9000604 | 3Y 0M 0D |
| 02/03/90 | GRAND THEFT MOTOR VEHICLE | 05/21/91 | ESCAMBIA | 9001325 | 3Y 0M 0D |
| 02/03/90 | CRIMINAL MISCHIEF/PROP.DAMAGE | 05/21/91 | ESCAMBIA | 9001325 | 3Y 0M 0D |
| 02/03/90 | GRAND THEFT MOTOR VEHICLE | 05/21/91 | ESCAMBIA | 9001325 | 3Y 0M 0D |
| 02/03/90 | BURGUNOCCSTRUC/CV OR ATT. | 05/21/91 | ESCAMBIA | 9001325 | 3Y 0M 0D |
| 01/28/91 | BURGUNOCCSTRUC/CV OR ATT. | 05/21/91 | ESCAMBIA | 9100635 | 3Y 0M 0D |
| 01/28/91 | GRAND THEFT,$300 LESS &20,000 | 05/21/91 | ESCAMBIA | 9100635 | 3Y 0M 0D |
Trial Summary:
07/27/93 Indicted as follows:
Count I: CapitalMurder
Count II: Sexual Battery
Count III: Sexual Battery
Count IV: Sexual Battery
Count V: Assault or Batteryduring Burglary
Count VI: Robbery with a Firearm orWeapon
07/07/94 Jury returned guilty verdicts on all counts of the indictment.
07/09/94 Jury recommended death by a vote of 8-4.
10/07/94 Sentenced as follows:
Count I: CapitalMurder – Death
Count II: Sexual Battery – Life
Count III: Sexual Battery – Life
Count IV: Sexual Battery – Life
Count V: Assault or Batteryduring Burglary – Life
Count VI: Robbery with a Firearm orWeapon – Life
10/09/97 Florida Supreme Court remanded death sentence for new sentencing phase.
07/07/99 At resentencing jury recommended death by a vote of 8-4.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,709
703 So.2d 454
11/15/94 Appeal filed
10/09/97 Conviction affirmed and sentence remanded
12/24/97 Rehearing granted
01/23/98 Mandate issued
Florida Supreme Court – Direct Appeal (RS)
FSC# 96,197
845 So.2d 41
08/05/99 Appeal filed
02/13/03 Conviction and sentence affirmed
05/02/03 Rehearing denied and mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 03-5621
124 S.Ct. 392, 157 L.Ed.2d 283
07/28/03 Petition filed
10/14/03 Petition denied
State Circuit Court – 3.851 Motion
CC# 93-3302
08/30/04 Motion filed
06/20/05 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 05-1200
983 So.2d 418
07/06/05 Appeal filed
10/11/07 Appeal denied
10/22/07 Motion for Rehearing filed
05/23/08 Rehearing denied
06/09/08 Mandate filed
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-210
983 So.2d 418
02/06/06 Petition filed
10/11/07 Petition denied
10/22/07 Motion for Rehearing filed
05/23/08 Rehearing denied
06/09/08 Mandate filed
United States District Court, Northern District –Petition for Writ of Habeas Corpus
USDC# 08-316
(Pending)
07/27/08 Petition filed
Factors Contributing to the Delay in Imposition of Sentence:
The Florida Supreme Court reversed Kormondy’s sentence in hisoriginal Direct Appeal and remanded the case to trial court for Kormondy to beresentenced.
Case Information:
On 11/15/94 Kormondy filed his Direct Appeal to the FloridaSupreme Court. The Court found that the admission of cross-examination testimonyfrom a co-perpetrator during the penalty phase was reversible error. On10/09/97, the Court affirmed his conviction but remanded his sentence forresentencing.
On 08/05/99 Kormondy filed his Direct Appeal forresentencing to the Florida Supreme Court. The Court found that Kormondy’sdeath sentence was not disproportionate to the crime. The Court also found thatthe trial court did not ignore mitigating factors when imposing the deathsentence, the limitation of cross-examination of Mrs. McAdams was not abuse ofdiscretion, and that the admission of victim impact testimony was notfundamental error. On 02/13/03, the Court affirmed Kormondy’s sentence.
Kormondy filed a Petition for Writ of Certiorari to theUnited States Supreme Court on 07/28/03, which was denied on 10/14/03.
On 08/30/04, Kormondy filed a 3.851 Motion to the CircuitCourt, which was denied on 06/20/05.
On 07/06/05, Kormondy filed a 3.851 Appeal to the FloridaSupreme Court, which was denied on 10/11/07. Kormondy filed a Motion forRehearing on 10/22/07, which was denied on 05/23/08. The Florida SupremeCourt issued a mandate in this matter on 06/09/08.
On 02/06/06, Kormondy filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 10/11/07. On10/22/07, Kormondy filed a Motion for Rehearing in the Florida Supreme Court,which was denied on 05/23/08. The Florida Supreme Court issued a mandatein this matter on 06/09/08.
On 07/24/08, Kormondy filed a Petition for Writ of HabeasCorpus in the United States District Court, Northern District. Thispetition is currently pending.
Institutional Adjustments:
| DATE | DAYS | VIOLATION | LOCATION |
| 07/18/03 | 60 | DISRESP. TO OFFICIALS | UNION C.I. |
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Report Date: 09/02/04 KB
Approved: 09/02/04 JFL
Updated: 04/06/09 AEH