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 on for statistical or legal purposes.
BOWLES, Gary Ray (W/M)
DC # 086158
DOB: 01/25/62
Fourth Judicial Circuit, Duval County, Case #94-12188
Sentencing Judge: The Honorable Jack M. Schemer
Resentencing Judge: The Honorable Jack M. Schemer
Attorneys, Sentencing: Charles Cofer& William White – Assistant Public Defenders
Attorneys, Resentencing: William White & Brian Morrisey – Assistant Public Defenders
Attorney, Direct Appeal: David A. Davis – Assistant PublicDefender
Attorney, Direct Appeal Resentencing: David A. Davis –Assistant Public Defender
Attorney, Collateral Appeals: Frank Tassone,Jr. – Registry
Date of Offense: 11/16/94
Date of Sentence: 09/06/96
Date of Resentencing: 09/07/99
Circumstances of Offense:
Gary Ray Bowles was convicted and sentenced to death for the11/16/94 murder of Walter Hinton.
Gary Bowles met Walter Hinton in November of 1994. Bowles consented to helping Hinton move some of his things from Georgia to hismobile home in Jacksonville and, in exchange, Hinton would allow Bowles to livewith him there. On the evening of 11/16/94, Bowles accompanied Hinton tothe train station to drop off a friend. Earlier in the evening, the threemen had smoked marijuana and had a few beers. Upon returning home, Hintonwent directly to sleep, but Bowles stayed up and continued to drink. Bowles later confessed that at some point during the night, he just“snapped.” Bowles went outside and retrieved a large concreteblock. He brought the block inside and sat it upon the table. Moments later, he took the block into Hinton’s room and dropped it on his headas he lay sleeping. The block fractured Hinton’s cheek to his jaw. After the blow, Hinton was conscious and fell from his bed. Bowles thenbegan to strangle him. He then stuffed toilet paper and a rag downHinton’s throat. Medical examiners’ reports indicated that Hinton diedfrom asphyxiation.
Bowles was arrested for the murder on 11/22/94 andsubsequently confessed to the crime.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence Length |
| 06/04/1982 | AGG BATTERY INTENDED HARM | 09/27/1982 | HILLSBOROUGH | 8206355 | 3Y 0M 0D |
| 06/04/1982 | SEX BAT/THREAT W/DEADLY WPN. | 11/09/1987 | HILLSBOROUGH | 8206355 | 8Y 0M 0D |
| 08/04/1990 | GRAND THEFT MOTOR VEHICLE | 07/18/1991 | VOLUSIA | 9005390 | 5Y 0M 0D |
| 02/17/1991 | ROBBERY N/FIREARM OR D/WEAPON | 07/18/1991 | VOLUSIA | 9100838 | 4Y 0M 0D |
| 06/07/1991 | GRAND THEFT,$300 LESS &20,000 | 07/18/1991 | VOLUSIA | 9103122 | 5Y 0M 0D |
| 03/14/1994 | 1ST DG MUR/PREMED. OR ATT. | 08/06/1997 | VOLUSIA | 9436050 | LIFE |
| 03/14/1994 | ROBBERY W/FIREARM OR D/WEAPON | 08/06/1997 | VOLUSIA | 9436050 | LIFE |
| 03/14/1994 | BURGLARY ASSAULT ANY PERSON | 08/06/1997 | VOLUSIA | 9436050 | LIFE |
| 03/14/1994 | GRAND THEFT,300 L/5,000 | 08/06/1997 | VOLUSIA | 9436050 | 5Y 0M 0D |
| 05/18/1994 | 1ST DG MUR/PREMED. OR ATT. | 10/10/1996 | NASSAU | 9500012 | LIFE |
NOTE: Although the above-referenced murders werecommitted prior to the instant offense, Gary Bowles was not charged with thosemurders until after his arrest for the murder of Walter Hinton.
Additional Information:
On 09/27/1982, Bowles was convicted of the sexual batteryand aggravated sexual battery of his girlfriend at the time.
On 07/18/91, Bowles was convicted of unarmed robbery inVolusia County for pushing a woman down and stealing her purse.
On 10/10/96, Bowles was convicted of First-Degree Murder inNassau County after killing a man in a fight outside a bar. Bowles shotthe victim, strangled him and tied a towel around his mouth.
On 08/06/97, Bowles was convicted of First-Degree Murder andArmed Burglary with a Battery in Volusia County. Bowles strangled thevictim and stuffed a rag in his mouth.
Trial Summary:
11/22/94 Defendant arrested.
12/08/94 Defendant indicted on the following charges:
Count I: First-Degree Murder
Count II: Robbery (nolle prossed)
05/16/96 The defendant pled guilty to First-Degree Murder.
07/18/96 Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for theimposition of the death penalty.
09/06/96 The defendant was sentenced as followed:
Count I: First-Degree Murder – Death
08/27/98 The Florida Supreme Court affirmed Bowles’ conviction, but reversed his deathsentence and remanded
fora new penalty phase.
05/27/99 Upon advisory sentencing, during the resentencing proceedings, the jury, by a12 to 0 majority, voted for the
deathpenalty.
09/07/99 Bowles was resentenced as followed:
Count I: First-Degree Murder - Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #89,261
716 So. 2d 769
11/04/96 Appeal filed.
08/27/98 FSC affirmed Bowles’ conviction, but reversed his death sentence and remandedto the Circuit Court
fora new penalty phase.
09/28/98 Mandate issued.
Florida Supreme Court – Direct Appeal, Resentencing
FSC #96,732
804 So. 2d 1173
10/13/99 Appeal filed.
10/11/01 FSC affirmed Bowles’ sentence of death.
01/10/02 Rehearing denied in light of a revised opinion and Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #01-9716
536 U.S. 930
04/09/02 Petition filed.
06/17/02 Petition denied.
State Circuit Court – 3.851 Motion
CC #94-12188
12/09/02 Motion filed.
08/15/05 CC denied motion.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-2264
979 So. 2d 182
12/14/05 Appeal filed.
02/14/08 Appeal denied.
02/25/08 Motion for rehearing.
04/03/08 Rehearing denied.
04/21/08 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-1666
979 So. 2d 182
08/17/06 Petition filed.
02/14/08 Petition denied.
04/21/08 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 08-791
08/08/08 Petition filed.
12/23/09 Petition denied.
United StatesCourt of Appeals, Eleventh Circuit – Habeas Appeal
USCA# 10-10284
608 F.3d 1313
01/15/10 Habeasappeal filed
07/12/10 USCA affirmedthe denial of the habeas petition
United States Supreme Court – Petition for Writ ofCertiorari
USSC # 10-6587
09/16/10 Petitionfiled
11/29/10 Petitiondenied
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The most notable source of delay in this case has been theFlorida Supreme Court’s remand for resentencing in 1998.
Case Information:
On 11/04/96, Bowles filed a Direct Appeal in the FloridaSupreme Court. In that appeal, he argued that the trial court erred inallowing the State to present evidence of Bowles alleged hatred of homosexualmen. The victim in this case, Walter Hinton, was a homosexual man. Bowles contended that, since the state failed to establish any connectionbetween Bowles alleged hatred of homosexual men and Hinton’s murder, suchevidence was irrelevant and made the sentencing proceedingunreliable. The Florida Supreme Court agreed and reversed Bowles’death sentence. On 08/27/98, the Florida Supreme Court remanded his caseto the State Circuit Court for a new penalty phase proceeding.
Gary Bowles was resentenced to death on 09/07/99. Hethen filed another Direct Appeal in the Florida Supreme Court on10/13/99. In that appeal, he argued that the trial court erred in itsconsideration and application of the heinous, atrocious and cruel aggravatingfactor, and the pecuniary gain aggravating factor. The Florida SupremeCourt found substantial evidence in the record to support the trial court’sfindings. Bowles also claimed that the trial court erred in failing toadequately weigh nonstatutory mitigatingevidence. Upon review of the trial court’s sentencing order, the FloridaSupreme Court found no error in the trial court’s ruling. Finally, Bowlesargued that the trial court erred in allowing hearsay testimony about a priorviolent felony conviction. The Florida Supreme Court noted that it is“appropriate” to introduce hearsay evidence of a prior felony conviction duringthe sentencing phase, so long as the defendant is afforded the opportunity torebut the testimony. Just because Bowles did not rebut the testimony, didnot make such evidence inadmissible. On 10/11/01, The Florida SupremeCourt affirmed Bowles sentence.
Bowles next filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 06/17/02.
Bowles filed a 3.851 Motion in the State Circuit Court on12/09/02, which was denied on 08/15/05.
Bowles filed a 3.850 Motion Appeal in the Florida SupremeCourt on 12/14/05, which was denied on 02/14/08.
Bowles filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 08/17/06, which was denied on 02/14/08.
Bowles filed a Petition for Writ of Habeas Corpus in theUnited States District Court on 08/08/08, which was denied on 12/23/09.
Bowles filed a Habeas Petition in the United States Court ofAppeals on 01/15/10, which was denied on 07/12/10.
Bowles filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 09/16/10, which was denied on 11/29/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ------- ---------------------------- -------------------
09/22/97 30 FIGHTING FSP
09/29/98 114 UNAUTH USE OFDRUGS UNION C. I.
07/17/00 90 SPOKENTHREATS UNION C. I.
12/07/00 86 SPOKEN THREATS UNION C. I.
12/19/00 0 POSS OF CONTRABAND UNION C. I.
05/24/04 30 POSS OF CONTRABAND UNION C. I.
10/28/05 0 DISRESP.TOOFFICIALS UNION C.I.
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01/13/03 – ew
01/14/03 – approved – ws
12/01/10 – updated – jjk