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. 

KRAWCZUK, Anton Joseph (W/M)

DOC#            721842

DOB:  06/08/59

Twentieth Judicial Circuit, Lee County Case# 90-2007CFB

Sentencing Judge:  The Honorable James R. Thompson

Attorney, Trial:  Barbara LeGrande – Private

Attorney, Direct Appeal:  Jennifer Y. Fogle – AssistantPublic Defender

Attorney, Collateral Appeals:  Melissa M. Donoho &Suzanne Keffer – CCRC-S

Date of Offense:  09/13/90

Date of Sentence:  02/13/92

Circumstances of the Offense:

A decomposing body, later identified as David Staker, wasfound on 09/13/90, in the woods of Charlotte County.  The employer ofDavid Staker had previously notified authorities in Lee County that Staker hadnot retrieved his paycheck and had also missed several workdays.  WhenStaker’s employer went to his house, she found the front door open, and thedisarray of the house suggested that it may have been robbed.

Gary Sigelmier contacted the Lee County Sheriff’s office andreported that he believed he might have purchased items stolen from Staker’sresidence.  Anton Krawczuk and his codefendant, Billy Poirier, wereidentified as the individuals who sold Sigelmier the stolen property.  Deputiesfrom both Lee and Charlotte Counties went to a Lee County house shared byKrawczuk and Poirier.  The deputies found the suspects at their residenceand brought them back to the Lee County Sheriff’s Office.  Krawczuk waivedhis Miranda rights and confessed to Staker’s murder.

As stated by Krawczuk in his confession, Krawczuk andPoirier both had a casual homosexual relationship with Staker for a six-monthduration.  Krawczuk and Poirier had decided about a week before the crimeto murder and rob Staker. Krawczuk set up a time with Staker when both he andPoirier would visit the victim at his home.  Krawczuk drove to Poirier’sworkplace to pick him up and Poirier changed clothes at home before Krawczukparked the car in a shopping center within walking distance of Staker’shouse.  The pair walked to Staker’s house and proceeded to spend the nexthalf hour watching television.  Per Krawczuk’s suggestion, they allproceeded to the bedroom.  While the three men were naked on the bed,Krawczuk began acting aggressively and began to choke Staker.  Poirierheld Staker’s mouth and nose shut to cut off the victim’s oxygen.  Stakerfought his attackers and attempted to assault Krawczuk with a lamp, but Poiriertook the lamp away from Staker.  Krawczuk continued choking him forapproximately ten minutes.  After this time, Krawczuk poured drain cleanerand water twice down his throat.  Poirier then put a washcloth in Staker’smouth and taped it in.  Before putting Staker in the bathtub, Krawczuktied the victim’s ankles together.

Krawczuk and Poirier loaded up Staker’s pickup truck withstolen goods that included the following items: stereo equipment, twotelevision sets, five rifles, a video recorder and a pistol.  The pairalso put the victim’s body in the truck before driving to Sigelmier’shouse.  It was at this point that Sigelmier bought some of the stolenitems and agreed to store the other items.  Krawczuk and Poirier droveback to their car, moved the victim’s body into it, then proceeded to abandonStaker’s vehicle.  Krawczuk drove to a rural place that he had previouslyscouted out, and they abandoned the victim’s body.

Codefendant Information:

William Andrew Poirier (DC# 718440)

Poirier was sentenced to 35 years for second-degree murderand 15 years for robbery (CC# 90-2007).

Trial Summary:

10/03/90         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Robbery

09/27/91         Jury returned guilty verdicts on all counts of the indictment

02/05/92         Jury recommended death by a vote of 12-0

02/13/92         Sentenced as follows:

                                   Count I:           First-Degree Murder – Death

                                   Count III:         Robbery – 15 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 79, 491

634 So. 2d 1070

03/11/92         Appeal filed

03/17/94         FSC affirmed conviction and sentence

04/20/94         Rehearing denied

05/20/94         Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 94-5047

513 U.S. 881; 115 S. Ct. 216; 130 L. Ed. 2d 143

07/05/94         Petition filed

10/03/94         Petition denied

State Circuit Court – 3.850 Motion

CC# 90-2007 CFB

10/03/95          Motion filed

10/11/95          Amended motion filed

03/15/02          Second amended motion filed

03/08/04          Third amended motion filed

01/25/10          Amended motion denied

02/09/10          Motion for Rehearing filed

03/08/10          Motion for Rehearing denied

Florida Supreme Court – 3.850 Appeal

FSC# 10-680

(Pending)

04/12/10          Appeal filed

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 11-10

(Pending)

01/04/11          Petition filed

Factors Contributing to the Delay in Imposition ofSentence:

The 3.850 Motion has been pending in the circuit court forabout seven years due to public records issues, an influx of new judges in thecircuit, illnesses, and other unanticipated circumstances.

Case Information:

Krawczuk filed a direct appeal to the Florida Supreme Courton 03/11/92.  Issues that were raised included whether the trial courterred in not granting the defendant’s motion to suppress the confession andwhether the trial court erred in failing to find the existence of nonstatutorymitigators.  The Court affirmed the conviction and sentence on 03/17/94.

Krawczuk filed a petition for a Writ of Certiorari to theUnited States Supreme Court on 07/05/94, which was denied on 10/03/94. 

Krawczuk filed a 3.850 motion to the Circuit Court on10/03/95, which was amended on 10/11/95.  On 03/15/02, a second amendedmotion was filed.  On 03/08/04, a third amended motion was filed. The amended motion was denied on 01/25/10. A Motion for Rehearing was filed on02/09/10, and was denied on 03/08/10.

A 3.850 Appeal was filed in the Florida Supreme Court byKrawczuk on 04/12/10. This case is currently pending.

On 01/04/11, Krawczuk filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. This petition is currently pending.

Institutional Adjustments:

DATE            DAYS            VIOLATION                                    LOCATION       

--------             ----                  -----------------                           ------------------- 

03/21/06         180                 UNAUTH USE OFDRUGS            UNION C.I.

Report Date:   05/20/02         CC

Approved:       05/27/02         WS

Updated:         02/08/11         EMJ