Mark James Asay

Case record

Name: Mark James Asay Date of birth: 03/12/64 Jurisdiction / Court: Fourth Judicial Circuit, Duval County Case number: 87-6876 DC number: 078387

Background

Mark Asay was on parole for burglary when he committed the murders.

Additional information about Asay included that he had many white supremacy tattoos on his body and that reports indicated he made numerous racist comments about the black men that he killed.

People involved

• Mark Asay — defendant
• Robbie — Asay’s brother
• Bubba McQuinn — friend and travelling companion with Asay
• Robert Lee Booker — victim, killed during an early morning confrontation
• Robert McDowell — victim, killed after being dressed as a woman under the name “Renee”
• Renee — acquaintance whom Asay and McQuinn knew would give oral sex; later revealed to be Robert McDowell dressed up as a woman

Timeline

• 07/18/87 — Date of offense: during the early morning hours, Asay, his brother Robbie, and friend Bubba McQuinn headed downtown to look for prostitutes after a night of drinking and shooting pool.
• 08/01/87 — The defendant was arrested.
• 08/20/87 — The defendant was indicted (Circuit Court Case #87-6876), with Count I: First-Degree Murder and Count II: First-Degree Murder.
• 09/29/88 — The jury found the defendant guilty on both Counts I & II.
• 10/28/88 — Upon advisory sentencing, the trial jury, by a 9 to 3 majority, voted for the death penalty on both counts.
• 11/18/88 — The defendant was sentenced: Count I: First-Degree Murder — Death; Count II: First-Degree Murder — Death.
• 12/15/88 — Asay filed his direct appeal with the Florida Supreme Court.
• 05/16/91 — The Florida Supreme Court affirmed the convictions and sentences of death.
• 07/22/91 — The mandate was issued.
• 08/20/91 — Asay filed a Petition for Writ of Certiorari, which was denied on 10/07/91.
• 03/15/93 — Asay filed a 3.850 Motion in the Circuit Court.
• 04/23/97 — The 3.850 motion was denied.
• 07/10/97 — The defendant filed an appeal of the 3.850 ruling in the Florida Supreme Court.
• 06/29/00 — The Supreme Court denied the appeal; a mandate was issued on 12/01/00.
• 10/25/01 — Asay filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 06/13/02 — The petition was denied.
• 05/27/03 — Asay filed a Pro se Petition for Writ of Habeas Corpus in the Florida Supreme Court; it was subsequently dismissed 01/09/04.
• 10/16/02 — Asay filed another 3.850 Motion in the State Circuit Court.
• 02/17/04 — The motion was denied.
• 12/20/04 — The Florida Supreme Court affirmed the denial.
• 02/11/05 — Asay filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, pending.

The offence

During the early morning hours of 07/18/87, Mark Asay, his brother Robbie, and a friend, Bubba McQuinn, headed downtown to look for prostitutes after a night of drinking and shooting pool. Asay rode with McQuinn while his brother drove alone.

Once downtown, Asay noticed his brother talking to a black man from the window of his truck. Asay became confrontational with the man, Robert Lee Booker, despite the fact that his brother told him everything was all right. Asay verbally attacked Booker, spouting racial slurs and escalating the situation.

Asay pulled a gun from his back pocket and shot Booker once in the stomach. Booker fled the scene, but was later found dead in an alley with hole in his intestine and a severed artery.

After the shooting, Asay got back into the truck with McQuinn, while his brother drove off. McQuinn asked Asay why he shot Booker, and Asay replied: “because you got to show a nigger who is boss.” Asay also said that he did not think he killed Booker, only frightened him.

During the continued search for prostitutes, Asay and McQuinn happened upon an acquaintance named Renee, who they knew would give them oral sex. Asay and McQuinn did not know that “Renee” was actually Robert McDowell dressed up as a woman. The men negotiated a deal for oral sex and planned for McQuinn and McDowell to go into the alley while Asay remained on the lookout.

When McDowell refused to get into the truck with McQuinn, Asay grabbed him by the arm and began shooting into his chest. McDowell was shot six times in all, and investigators reported that three of the shots could have proved fatal.

As Asay and McQuinn were driving away, Asay said McDowell had cheated him out of ten dollars on a drug deal once, and he always swore that he would get even.

Asay also bragged to a friend that when negotiating the deal for oral sex, Asay planned to abduct, sexually assault, and then kill McDowell. When McDowell refused to get into the truck, Asay killed him in the street.

Investigation

Investigators reported that three of the shots could have proved fatal.

Arrest and charging

The defendant was arrested on 08/01/87.

On 08/20/87, the defendant was indicted, Circuit Court Case #87-6876, with:

• Count I: First-Degree Murder
• Count II: First-Degree Murder

Trial

On 09/29/88, the jury found the defendant guilty on both Counts I & II.

On 10/28/88, upon advisory sentencing, the trial jury, by a 9 to 3 majority, voted for the death penalty on both counts.

Sentencing

On 11/18/88, the defendant was sentenced as followed:

• Count I: First-Degree Murder — Death
• Count II: First-Degree Murder — Death

Sentencing Judge was The Honorable L. Page Haddock.

Trial Attorney was Raymond A. David – Private Attorney.

Direct Appeal Attorney was W.C. McLain – Assistant Public Defender.

Collateral Appeal Attorneys were Dale Westling, Sr. & Mary Bonner.

Appeals and post-conviction proceedings

Asay filed his direct appeal with the Florida Supreme Court on 12/15/88. His appeal argued that the judge erred when he failed to acquit Asay for the First Degree Premeditated Murder of Robert Lee Booker. Asay also claimed that the court erred in finding that the murder of McDowell was committed in a “cold, calculated, and premeditated manner.” Lastly, Asay argued that the death penalty was not a proportionate sentence for the murders.

The Supreme Court affirmed the convictions and sentences of death on 05/16/91. The mandate was issued on 07/22/91.

Asay filed a Petition for Writ of Certiorari on 08/20/91; it was denied on 10/07/91.

Asay filed a 3.850 Motion in the Circuit Court on 03/15/93; it was denied on 04/23/97.

The defendant filed an appeal of the 3.850 ruling in the Florida Supreme Court on 07/10/97; the Supreme Court denied the appeal on 06/29/00, and a mandate was issued on 12/01/00.

Asay filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/25/01, which was denied on 06/13/02.

Asay filed a Pro se Petition for Writ of Habeas Corpus in the Florida Supreme Court on 05/27/03, which was subsequently dismissed on 01/09/04.

On 10/16/02, Asay filed another 3.850 Motion in the State Circuit Court; it was denied on 02/17/04.

Asay filed an appeal of that decision in the Florida Supreme Court; the Florida Supreme Court affirmed the denial on 12/20/04.

Asay filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District on 02/11/05; it was pending.

Outcome

The jury returned guilty verdicts on both First-Degree Murder counts, and the trial jury recommended death by a 9 to 3 majority on both counts. Asay received death sentences for both counts on 11/18/88.

The Florida Supreme Court affirmed the convictions and sentences of death on 05/16/91.

Other details

• Asay was identified as having white supremacy tattoos on his body.
• The defendant spouted racial slurs during the confrontation with Robert Lee Booker.
• McQuinn asked Asay why he shot Booker, and Asay replied: “because you got to show a nigger who is boss.”
• Asay said he did not think he killed Booker, only frightened him.
• After the killings, Asay claimed McDowell had cheated him out of ten dollars on a drug deal once and he always swore that he would get even.
• The case caption was Mark J. Asay, Appellant, vs. State of Florida, Appellee.
• The opinion referenced 580 So. 2d 610.