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.
LOONEY, Jason Bryce (W/M)
DC# N00676
DOB: 04/05/77
Second Judicial Circuit, Wakulla County Case# 97-215-CF
Sentencing Judge, Trial: The Honorable N. SandersSauls
Attorney, Trial: Greg Cummings – Special AssistantPublic Defender
Attorney, Direct Appeal: Barbara Sanders – Private
Attorney, Collateral Appeals: Baya Harrison – Private
Date of Offense: 07/27/97
Date of Sentence: 02/18/00
Circumstances of the Offense:
The bodies of Melanie King and Robin Keith Spears were foundin their burning home in the early morning hours of 07/27/97.
On 07/26/97, Jason Looney, Guerry Hertz, and Jimmy Dempseyleft an acquaintance’s house on foot, which was within walking distance of thevictims’ home, at approximately 11 p.m. A woman who lived approximately500 yards from the victims’ home said that, at approximately 2 a.m., Hertz cameto her home requesting to use her telephone because “his truck had brokendown.” She refused and the three men proceeded to walk up the roadtowards the home of Melanie King and Robin Keith Spears. When Looney sawtheir black Ford Mustang, he exclaimed, “There’s my car right there. That’s theone I want.”
Acting as a decoy, Dempsey and Hertz knocked on the victims’front door and asked if they could use a telephone. King gave them acordless telephone and Dempsey pretended to make a call. When Dempseystarted to hand the phone back to King, Hertz forced his way into the home atgunpoint. Looney entered after him and targeted Spears with hisrifle. King and Spears were forced face down on their bed after beingbound and gagged with duct tape. The three defendants stole various itemsincluding a television, a VCR, furniture, jewelry, CDs, and $1500 cash. They loaded the stolen goods into the victims’ two vehicles.
Hertz and Looney decided that they could not leave witnessesand then informed Dempsey of their plan. Dempsey testified that Hertz andLooney poured accelerants throughout the house, after which all three men wentback to the bedroom armed. King told the defendants that she would“rather die being burnt up than shot.” She then stated, “Please, God,don’t shoot me in the head.” Hertz replied, “Sorry, can’t do that,”before he started firing his firearm. Looney started firing and wasfollowed by Dempsey. Both King and Spears died as a result of the gunshotwounds.
After the shootings, the house was set afire. Looneydrove away in the victims’ Ford Mustang with Dempsey as a passenger, whileHertz drove the victims’ white Ford Ranger. Dempsey reported that theentire episode spanned two hours. They drove to Hertz’ house so that theycould divide the money and unload the stolen cargo. Testimony was givenby two Tallahassee Wal-Mart employees stating that the three men showed offtheir new vehicles, a black Ford Mustang and a white Ford Ranger, after makinga purchase at approximately 5 a.m. The employees’ testimony was corroboratedby a Wal-Mart receipt for clothes that was found in the victims’ FordMustang.
Looney, Hertz, and Dempsey then drove to Daytona Beach,Florida, where they were involved in a police shootout after a policepursuit. Looney and Dempsey abandoned the victims’ Ford Mustang and werearrested as they were fleeing the scene. Hertz was shot, abandoned thevictims’ Ford Ranger and paid $100 for a cab-ride to his aunt’s St. Augustinehome. Hertz was arrested that day and police discovered Spears’ .9mm gunin Hertz’s bag.
An FDLE firearms expert testified that one of the bulletsfired in the victims’ home was fired from a .380 Lorcin gun that was inLooney’s possession when he was arrested. The Lorcin gun had belonged toSpears and Dempsey reported that Hertz had used it to shoot the victims. The police also found Dempsey’s wallet containing $380, Looney’s walletcontaining $464, and a roll of duct tape in the victims’ Ford Mustang. Latent fingerprints that matched all three men were taken from the victims’Ford Mustang. Evidence of various accelerants were found on clothing inthe victim’s Ford Mustang and an expert later testified that the extensive firedamage to the victims’ home could only have been accomplished with the use ofaccelerants.
The bodies of Melanie King and Robin Keith Spears were bothseverely burned, but the medical examiner testified that both deaths werecaused by gunshot wounds due to a lack of soot in the victims’ trachea,indicating that they were already dead when the fire started. Furthertestimony indicated that both victims lived one to two minutes after beingshot.
Codefendant Information:
Guerry Wayne Hertz (DC# 567668)
Hertz received identical convictions and sentences asLooney, which included two death sentences (CC# 97-214).
Jimmy Dewayne Dempsey (DC# 971421)
Dempsey received the same convictions as Looney andHertz. Because he entered into a plea agreement with the State, Dempseywas sentenced to life for the murders instead of death (CC# 97-213).
Prior Incarceration History:
| Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length | | |
| 02/22/1996 | FORGERY/UTTERING | 04/22/1996 | LEON | 9600629 | 3Y 0M 0D | | |
| 02/22/1996 | UTTER FORGED INSTRUMENT | 04/22/1996 | LEON | 9600629 | 3Y 0M 0D | | |
| 02/22/1996 | GRAND THEFT,300 L/5,000 | 04/22/1996 | LEON | 9600629 | 3Y 0M 0D | | |
Trial Summary:
08/26/97 Indicted as follows:
Count I: First-Degree Murder
Count II: First-Degree Murder
Count III: Armed Burglary of aDwelling
Count IV: Robbery with a Firearm
Count V: Arson of a Dwelling
Count VI: Threatens to Use Any Firearm
12/09/99 The defendant was found guilty on all counts of the indictment
12/11/99 Jury recommended death by a vote of 10-2
02/18/00 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: First-Degree Murder –Death
Count III: Armed Burglary of aDwelling – Life
Count IV: Robbery with a Firearm –Life
Count V: Arson of a Dwelling –30 Years
Count VI: Threatens to Use AnyFirearm – 15 Years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 00-458
803 So. 2d 656
03/03/00 Appeal filed
11/01/01 Convictions and sentences affirmed
12/21/01 Rehearing denied
12/21/01 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 01-9932
122 S. Ct. 2678; 153 L. Ed. 2d 850
03/19/02 Petition filed
06/28/02 Petition denied
State Circuit Court – 3.850 Motion
CC# 97-215-CF
06/30/03 Motion filed
03/09/04 Amended motion filed
12/30/04 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 05-159
941 So.2d 1017 (2006)
01/27/05 Appeal filed
06/22/06 The FSC affirmed the Circuit Court’s denial of Looney’s 3.850 Motion.
10/27/06 Motion for rehearing denied
11/13/06 Mandate issued
United States District Court, Northern District –Habeas Petition
USDC# 06-519
11/13/06 Petition filed
10/08/09 Petition denied with prejudice
11/09/09 Application for Certificate ofAppealability
11/10/09 Application denied
United States Court of Appeals, 11thDistrict – Habeas Appeal
USCA# 09-15799
11/09/09 Appeal filed
12/03/09 Mandate denying Certificate ofAppealability issued
Factors Contributing to the Delay in Imposition ofSentence:
There have been no undue delays in this case.
Case Information:
A Direct Appeal was filed to the Florida Supreme Court on03/03/00. Issues that were raised on appeal included whether the detailsof the collateral crimes in Volusia County became a feature of the trialcausing prejudice that substantially outweighed the probative value of theevidence and whether the trial court erred by refusing to grant a mistrialafter the State’s witness testified about a hearsay statement by anon-testifying codefendant that incriminated Looney. The Court found allof the claims either harmless or without merit and affirmed the conviction andsentence on 11/01/01.
Looney filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 03/20/02, which was denied on 06/28/02.
Looney filed a 3.850 Motion to the Circuit Court on06/30/03. It was amended on 03/09/04. The motion was denied on12/30/04.
On 01/27/05, Looney filed a 3.850 Appeal to the FloridaSupreme Court. During the appeal, Looney raised the issue of ineffectivecounsel. He claimed that the defense counsel (Attorney Cummings) failedto: (1) present statutory and non-statutory mitigation, (2) use a mentalhealth expert, and (3) present mitigation convincingly. The Courtconcluded that Looney failed to meet his burden under Strickland. All ofthe additional mitigators that Looney asserts were not presented during thepenalty phase were either presented or not presented because defense counselhad no indication that the mitigating factor might apply to Looney’scase. As a result, the Court finds that effective counsel was providedand none of the testimony presented by Looney during the evidentiary hearingundermines the Court’s confidence in the proceedings. Therefore, theCourt affirmed the Circuit Court’s denial of Looney’s 3.850 Motion on06/22/06. On 10/27/06, the motion for rehearing was denied. On11/13/06, the mandate was issued.
On 11/13/06, Looney filed a Habeas Petition in the UnitedStates District Court, Northern District. This petition was denied withprejudice on 10/08/09. Looney filed an application for a Certificate ofAppealability on 11/09/09, and it was denied on 11/10/09.
Looney filed a Habeas appeal in the United States Court ofAppeals, 11th District on 11/09/09. A mandate denying hisCertificate of Appealability was issued on 12/03/09.
Institutional Adjustment:
| Date | Days | Violation | Location |
| 09/27/00 | 20 | Possession of Contraband | Florida State Prison |
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Report Date: 03/04/04 CC
Approved: 03/09/04 EW
Updated: 10/26/10 EMJ