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. 

JONES, Victor Tony (B/M)

DC#    420481

DOB: 05/01/61

­­Eleventh Judicial Circuit, Dade County Case # 90-50143

Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.

Attorney, Trial: Edward Art Koch – Assistant Public Defender

Attorney, Direct Appeal: Nancy Wear – Special AssistantPublic Defender

Attorney, Collateral Appeals: William Hennis & ChrisTaylor – CCRC-S

Date of Offense:        12/19/90

Date of Sentence:       03/01/93

Circumstances of Offense:

On 12/19/90, the bodiesof Matilda Nestor, 66, and Jacob Nestor, 67, were found in their place ofbusiness.  Victor Tony Jones, a new employee of the business, was foundslumped over the couch in the main office, with a .22 caliber automatic pistolunder his arm.  Matilda Nestor was found in the bathroom, with a stabwound in the back, and Jacob Nestor was found in the main office, with a stabwound to the chest. 

According to theevidence, Jones stabbed Matilda Nestor as she was entering the bathroom andstabbed Jacob Nestor as he came toward the bathroom from the main office. Jacob Nestor retreated to the main office after being stabbed, where he triedto call for help.  He then pulled his .22 caliber pistol from his holsterand shot at Jones five times, hitting him once in the forehead.  The moneyand personal property of the Nestor’s was found in Jones’ pockets.

Jones was found bypolice, who were summoned by a neighbor of the Nestor’s.  When he wasasked what happened, Jones replied, “The old man shot me.”  Jones wastaken to the hospital, where he told a nurse that he had to leave because hehad “killed those people.”  When asked why, Jones responded, “They owed memoney and I had to kill them.” 

Additional Information:

Jones was released fromprison on conditional release on 11/27/90, prior to the Nestor murders. 

On 02/11/93, a competencyhearing was held and Jones was found to be competent. 

After Jones amended hisfirst 3.850 Motion on 03/09/99, an evidentiary hearing was held and Jones wasagain found to be competent.

During his 3.850 MotionAppeal, jurisdiction was relinquished to the Circuit Court for a mentalretardation determination on 03/08/05.  An Evidentiary Hearing was held inthe Circuit Court on 11/14/05 and 01/10/06, and on 02/24/06, the Circuit Courtdetermined that Jones was not mentally retarded. 

Prior Incarceration History in the State of Florida:

Prior Community Supervision History in the State ofFlorida:

Trial Summary:

01/11/91         Indicted as follows:

                                   Count I:          First-Degree Murder (Matilda Nestor)

                                   Count II:         First-Degree Murder(Jacob Nestor)

                                   Count III:        Armed Robbery (MatildaNestor)

                                   Count IV:        Armed Robbery (JacobNestor)

                                   Count V:         Possession of aFirearm by a Felon

11/25/92         Court granted Motion to Sever Count V

03/04/92         State nolle prossed Count V

02/01/93         Jury returned guilty verdicts on all counts of the indictment

02/12/93         Jury recommended death by votes of 10-2(Matilda Nestor) and 12-0

                       (Jacob Nestor)

03/01/93         Sentenced as follows:

                                   Count I:          First-Degree Murder (Matilda Nestor) – Death

                                   Count II:         First-Degree Murder(Jacob Nestor) – Death

                                   Count III:        Armed Robbery (MatildaNestor) – Life

                                                           Imprisonment

                                   Count IV:        Armed Robbery (JacobNestor) – Life

                                                           Imprisonment

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 81,482

652 So. 2d 346

03/26/93         Appeal filed

01/12/95         FSC affirmed convictions and sentences

03/31/95         Rehearing denied

05/03/95         Mandate issued

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

USSC# 95-5067

516 U.S. 875

06/28/95         Petition filed

10/02/95         USSC denied petition

Circuit Court – 3.850 Motion

CC# 90-50143

03/24/97         Motion filed

03/09/99         Motion amended

10/08/99         Motion amended

03/08/01         CC denied 3.850 Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 01-734

855 So. 2d 611

04/06/01         Appeal filed

05/08/03         FSC affirmed denial of 3.850 Motion

09/11/03         FSC substituted a revised opinion

09/11/03         Rehearing denied

10/13/03         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 02-605

855 So. 2d 611

03/15/02         Petition filed

05/08/03         FSC denied petition

09/11/03         FSC substituted a revised opinion

09/11/03         Rehearing denied

10/13/03         Mandate issued

Circuit Court – 3.850 Motion

CC# 90-50143

06/18/03         Motion filed

01/16/04         CC denied motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-726

966 So. 2d 319

04/26/04         Appeal filed

05/24/07         FSC affirmed denial of motion

10/10/07         Mandate issued

United States District Court, Southern District –Petition for Writ of Habeas Corpus

USDC# 07-22890

(Pending)

11/06/07         Petition filed

Circuit Court – 3.850 Motion

CC# 90-50143

11/24/10         Motion filed

02/04/11          Motion denied

Florida Supreme Court – 3.850 Motion Appeal

FSC# 11-474

(Pending)

03/09/11           Appeal filed

Factors Contributing to the Delay in Imposition ofSentence:

Jones’ first 3.850 Motionwas pending for four years, from 03/24/97 – 03/08/01.

Case Information:

Jones filed a DirectAppeal with the Florida Supreme Court on 03/26/93, citing the following errors:denying a motion for judgment of acquittal; failing to instruct the jury thatit had to consider two similar aggravating factors as one; rejecting mental oremotional disturbance as a mitigating factor; failing to bring up thepossibility that Jones suffered from fetal alcohol syndrome; and failing togrant a motion for mistrial based on improper comments by the prosecutor. On 01/12/95, the convictions and sentences were affirmed. 

Jones filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court that was denied on 10/02/95. 

Jones filed a 3.850Motion with the Circuit Court on 03/24/97 that was amended on 03/09/99 and10/08/99.  On 03/08/01, the 3.850 Motion was denied.

Jones filed a 3.850 MotionAppeal with the Florida Supreme Court on 04/06/01, citing ineffectiveassistance of counsel.  On 05/08/03, the denial of the 3.850 Motion wasaffirmed.  On 09/11/03, a revised opinion was substituted. 

Jones filed a Petitionfor Writ of Habeas Corpus with the Florida Supreme Court on 03/15/02, citingineffective assistance of counsel and the unconstitutionality of Florida’sdeath penalty statute under the U.S. Supreme Court ruling in Ring v.Arizona.  On 05/08/03, the Petition was denied.  On 09/11/03, arevised opinion was substituted.

Jones filed a 3.850Motion with the Circuit Court on 06/18/03 that was denied on 01/16/04. 

Jones filed a 3.850Motion Appeal with the Florida Supreme Court on 04/26/04, citing errors indetermining that Jones is not mentally retarded.  On 05/24/07, the FSCaffirmed the denial of the motion.  A mandate was issued on 10/10/07.

Jones filed a Petitionfor Writ of Habeas Corpus with the United States District Court on 11/06/07that is currently pending.

Jones filed a 3.850Motion with the Circuit Court on 11/24/10.  This motion was denied on02/04/11.

Jones filed a 3.850Appeal with the Florida Supreme Court on 03/09/11.  This appeal is currentlypending.

Institutional Adjustment:

THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE                  DAYS                    VIOLATION                                     LOCATION      

11/29/93              0                            LYING TO STAFF                             UNIONC. I.        

________________________________________________________________________

Report Date:  07/13/04          JFL

Updated:        03/24/11         CAR