Lancelot Armstrong

Case overview

Lancelot Armstrong was the defendant in Florida Supreme Court Lancelot Armstrong, Appellant, vs. State of Florida, Appellee (642 So. 2d 730). His direct appeal went to the Florida Supreme Court, and his federal certiorari petition went to the United States Supreme Court. He also filed a 3.850 motion in the Circuit Court and later sought further relief.

People

• Lancelot Armstrong — defendant (born 07/29/63; date of offense 02/17/90; sentenced 06/20/91).
• Michael Coleman — codefendant, received life in prison for his role in the robbery and shooting.
• Kay Allen — assistant manager of Church’s; former girlfriend of the defendant.
• Deputy Sheriffs Robert Sallustio and John Greeney — law enforcement officers; Sallustio was struck three times and Greeney was killed instantly.
• The Honorable Thomas M. Coker — sentencing judge.
• Edward Malavenda, Esq. — trial attorney (private attorney).
• Jeffery Anderson — direct appeal attorney (Assistant Public Defender).
• Terri Backhus — collateral appeals attorney (CCRC-S).

Background

In the early morning hours of 02/17/90, Lancelot Armstrong and Michael Coleman entered Church’s Fried Chicken restaurant under the pretense of visiting Kay Allen. Allen was the assistant manager of Church’s and was the former girlfriend of the defendant. Initially, Allen refused to meet Armstrong, but eventually accompanied him to his car outside, while Coleman stayed in the restaurant.

According to testimony, Armstrong told Allen he was going to rob the restaurant and that, if she did not cooperate, he might have to kill her. All the other employees had gone home, so Armstrong, Allen, and Coleman were alone.

The offence

Armstrong and Allen were outside the restaurant when the plan unfolded. When getting the money out of the safe, Allen managed to pull the silent alarm. Deputy Sheriffs Robert Sallustio and John Greeney arrived at the scene to find Armstrong in the car and Coleman still in the restaurant.

Shots fired from inside the restaurant distracted the officers, enabling Armstrong to reach for his gun and open fire on the officers. Sallustio was struck three times, and Greeney was killed instantly. Armstrong and Coleman fled the state and were apprehended in Maryland.

Investigators determined that bullets from Armstrong’s gun killed Greeney because he suffered from shots fired at close-range.

Investigation

Deputy Sheriffs Robert Sallustio and John Greeney arrived after Allen pulled the silent alarm. After shots were fired from inside the restaurant, Armstrong reached for his gun and fired on the officers. Investigators later determined that bullets from Armstrong’s gun killed Greeney because Greeney suffered from shots fired at close-range.

Arrest

The defendant was arrested on 02/27/90.

Charges and counts

On 03/07/90, Armstrong was indicted on the following counts:

• Count I: Murder in the First-Degree
• Count II: Attempted Murder of a Law Enforcement Officer
• Count III: Robbery with a Firear

Trial

On 04/17/91, the jury returned a verdict of guilty on all counts.

Sentencing by jury (advisory)

On 05/09/91, upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

Sentencing (by date given)

On 06/20/91, the defendant was sentenced as followed:

• Count I: Murder in the First-Degree — Death
• Count II: Attempted Murder — Life
• Count III: Robbery with a Firearm — Life

Appeals

Direct appeal

Lancelot Armstrong filed a direct appeal in the Florida Supreme Court on 06/26/91. Among the 24 issues raised, four points were particularly noteworthy:

1. Armstrong believed a new trial was needed because Allen lied about material facts at trial.
2. Armstrong contended that the State submitted inadmissible evidence to refresh the memory of a witness.
3. In the penalty phase, the defendant claimed that the judge arrived at a sentencing decision prior to Armstrong being given the opportunity to speak on his behalf.
4. Armstrong believed that some of the aggravating factors applied to his case were duplicative.

The Supreme Court affirmed the conviction and sentence of death on 08/11/94.

United States Supreme Court

Armstrong filed a Petition for Writ of Certiorari in the United States Supreme Court on 02/24/95; that petition was denied on 04/24/95.

3.850 motion and Florida Supreme Court proceedings

Armstrong filed a 3.850 Motion in the Circuit Court on 03/18/97; it was denied on 05/25/01.

Armstrong filed an appeal of his 3.850 Motion in the Florida Supreme Court on 08/27/01. On 10/30/03, the Florida Supreme Court:

• affirmed the denial of Armstrong’s 3.850 Motion in part, and
• vacated his death sentence and remanded for a new penalty phase.

The remand followed the statement that, in lieu of one of Armstrong’s prior felony convictions being vacated (which was used as an aggravating circumstance during his original penalty phase), the case was remanded for resentencing.

A Petition for Writ of Habeas Corpus in the Florida Supreme Court was filed and denied on 10/30/03.

Further United States Supreme Court proceedings

Armstrong filed a Petition for Writ of Certiorari with the United States Supreme Court on 02/18/04; it was denied on 05/17/04.

Outcome

• Armstrong was sentenced to death on 06/20/91, and his death sentence was affirmed on 08/11/94.
• On 10/30/03, the Florida Supreme Court vacated his death sentence and remanded for a new penalty phase.
• The subsequent Petition for Writ of Habeas Corpus was denied on 10/30/03.
• The United States Supreme Court denied the Petition for Writ of Certiorari on 05/17/04.

Timeline

• 02/17/90 — Armstrong and Michael Coleman entered Church’s Fried Chicken under the pretense of visiting Kay Allen.
• 02/27/90 — The Defendant was arrested.
• 03/07/90 — The Defendant was indicted (Count I: Murder in the First-Degree; Count II: Attempted Murder of a Law Enforcement Officer; Count III: Robbery with a Firear).
• 04/17/91 — The jury returned a verdict of guilty on all counts.
• 05/09/91 — Advisory sentencing: the jury voted for the death penalty by a 9 to 3 majority.
• 06/20/91 — Sentencing: Count I death; Count II life; Count III life.
• 06/26/91 — Armstrong filed a direct appeal in the Florida Supreme Court.
• 08/11/94 — The Supreme Court affirmed the conviction and sentence of death.
• 02/24/95 — Armstrong filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 04/24/95 — The petition was denied.
• 03/18/97 — Armstrong filed a 3.850 Motion in the Circuit Court.
• 05/25/01 — The 3.850 Motion was denied.
• 08/27/01 — Armstrong filed an appeal of his 3.850 Motion in the Florida Supreme Court.
• 10/30/03 — The Florida Supreme Court affirmed in part, vacated the death sentence, and remanded for a new penalty phase; a Petition for Writ of Habeas Corpus was denied.
• 02/18/04 — Armstrong filed a Petition for Writ of Certiorari with the United States Supreme Court.
• 05/17/04 — The petition was denied.

Other details

• Date of birth: 07/29/63.
• Seventeenth Judicial Circuit, Broward County.
• Case number: 90-5417-CF.
• Direct appeal attorney: Jeffery Anderson — Assistant Public Defender.
• Collateral appeals attorney: Terri Backhus — CCRC-S.
• Sentencing judge: The Honorable Thomas M. Coker.
• Trial attorney: Edward Malavenda, Esq. — Private Attorney.
• Nature of flight/apprehension: Armstrong and Coleman fled the state and were apprehended in Maryland.
• Codefendant outcome: Michael Coleman received life in prison for his role in the robbery and shooting.