David Cook

Case identifiers and court information

• Name: David Cook
• Date of birth: 02/01/64
• Court / jurisdiction: Eleventh Judicial Circuit, Dade County
• Case number: 84-19874
• Florida Supreme Court opinion numbers: 68044, 75725
• Florida district court opinion number: SC94134
• District court number: DC #100018

People

• David Cook — defendant
• Onelia Betancourt — victim; murdered
• Rolando Betancourt — victim; murdered; employed as part of the late-night cleaning crew at a Miami Burger King
• Derek Harrison — codefendant
• Melvin Nairn — codefendant
• The Honorable Thomas M. Carney — sentencing & resentencing judge
• Arthur W. Carter — private attorney (trial attorney)
• Geoffrey C. Fleck — Special Assistant Public Defender Attorney (direct appeal; direct appeal (RS))
• Rachel Day — CCRC-S (collateral appeals)

Timeline

• 08/15/84 — David Cook was convicted and sentenced to death for the murder of Onelia Betancourt (as stated in the circumstances of the offense narrative).
• 08/25/84 — Defendant arrested.
• 09/13/84 — Defendant indicted on six counts:
  • Count I: First-Degree Murder (Rolando Betancourt)
  • Count II: First-Degree Murder (Onelia Betancourt)
  • Count III: Armed Burglary
  • Count IV: Attempted Armed Robbery
  • Count V: Attempted Armed Robbery
  • Count VI: Unlawful Possession of a Firearm
• 08/09/85 — The jury found the defendant guilty on all counts.
• 08/13/85 — Advisory sentencing:
  • By a 7 to 5 majority, the jury voted for the death penalty for the murder of Rolando Betancourt.
  • By an 8 to 4 majority, the jury voted for death for the murder of Onelia Betancourt.
• 10/25/85 — Defendant sentenced:
  • Count I: First-Degree Murder (Rolando Betancourt) – Life
  • Count II: First-Degree Murder (Onelia Betancourt) – Death
  • Count III: Armed Burglary – Life
  • Count IV: Attempted Armed Robbery – 15 years
  • Count V: Attempted Armed Robbery – 15 years
  • Count VI: Unlawful Possession of a Firearm – Suspended Sentence
• 04/06/89 — On direct appeal, the Florida Supreme Court affirmed convictions and the life sentence for the murder of Rolando Betancourt; it reversed and remanded Cook’s death sentence for the murder of Onelia Betancourt and ordered resentencing without consideration of two aggravating factors.
• 02/05/90 — Defendant resentenced:
• 03/14/90 — Defendant filed a direct appeal of the resentencing in the Florida Supreme Court.
• 05/30/91 — The Florida Supreme Court affirmed the resentenced death sentence.
• 10/07/91 — The United States Supreme Court denied Cook’s petition for writ of certiorari.
• 12/04/96 — Cook’s Motion to Vacate Judgment and Sentence (3.850) was denied.
• 10/15/98 — Cook filed an appeal in the Florida Supreme Court.
• 06/28/01 — The Florida Supreme Court reversed the denial by the Circuit Court and remanded for an evidentiary hearing to examine Cook’s claim of ineffective counsel during the penalty phase.
• 12/15/03 — An evidentiary hearing was held in the State Circuit Court.
• 09/23/04 — The motion was denied following the evidentiary hearing.
• 10/26/04 — Cook filed a 3.850 motion appeal with the Florida Supreme Court (pending).
• 07/26/05 — Cook filed a petition for writ of habeas corpus with the Florida Supreme Court (pending).

The offence

David Cook was convicted and sentenced to death for the murder of Onelia Betancourt on 08/15/84. Onelia Betancourt and her husband Rolando were found dead at a Miami Burger King where they were employed as the late-night cleaning crew. Cook was brought in for questioning following an anonymous tip and confessed to killing the couple.

Cook stated that he, Derek Harrison, and Melvin Nairn went to the Burger King to commit a robbery on 08/15/84. When Rolando Betancourt exited the back of the restaurant to empty the garbage, Cook grabbed Harrison’s gun and followed Rolando back inside. The door slammed behind them, preventing Harrison and Nairn from entering. Cook demanded Rolando get him the money from the safe, but Rolando answered that he did not speak English. When Cook insisted that Rolando get the money from the safe, Rolando hit him in the arm with a metal rod, and Cook shot him once in the chest. When Cook was exiting the restaurant, Onelia Betancourt grabbed him around the legs and began screaming. Cook shot her and fled with Harrison and Nairn.

Investigation and arrest

• Defendant arrested: 08/25/84.

Trial

• Guilty verdict: 08/09/85 — the jury found the defendant guilty on all counts.
• Advisory sentencing: 08/13/85
  • For the murder of Rolando Betancourt: jury voted for the death penalty by a 7 to 5 majority.
  • For the murder of Onelia Betancourt: jury voted for death by an 8 to 4 majority.

Sentencing

Original sentencing

On 10/25/85, the trial court sentenced Cook as follows:

Resentencing

On 02/05/90, Cook was resentenced:

Appeals

• Direct appeal (affirmance and remand):
  • On 04/06/89, the Florida Supreme Court affirmed the murder convictions and sentence of life imposed for