Floyd William Damren

Background

Floyd William Damren entered the grounds of R.G.C. Mineral Sands and stole equipment, telling a friend that "There [is] … some more good stuff down there I’d like to get."

Several weeks later, on 05/01/94, after drinking beer with friends, Damren returned with an accomplice, Jeff Chittam, to steal more equipment.

The offence

Damren and Jeff Chittam burglarized the electrical shop in the maintenance barn.

An employee, Don Miller, discovered Chittam. Damren sneaked up behind Miller and struck him with a steel pipe. Miller and Chittam both pleaded for Damren to spare Miller’s life, but after pacing the floor Damren bludgeoned Miller to death with the steel pipe, striking him seven times on the head and four times on the body.

As Damren was dragging Miller’s body across the floor, Michael Knight, the shift supervisor, entered the building and yelled at Damren. Knight was acquainted with Damren because he had lived in Knight’s neighborhood since childhood.

Damren threatened Knight with the pipe, and Knight ran yelling from the building.

Investigation

Knight identified Damren to the police and Damren was arrested.

Further evidence linking Damren to the crime included testimony from several witnesses that Damren made incriminating statements to them about the murder.

Blood stains on Damren’s pants matched Miller’s blood.

At the time of the murder, Damren had an extensive criminal record.

Trial

Floyd Damren was indicted on 05/10/94 on:

• Count I First-Degree Murder
• Count II Armed Burglary
• Count III Aggravated Assault

On 05/17/95, the jury returned guilty verdicts on all counts of the indictment.

On 05/18/95, the jury recommended a death sentence by a vote of 12-0.

Attorney for trial: Alan Chipperfield – Public Defender. Direct appeal: Teresa Sopp – Private Attorney. Collateral appeals: Jefferson Morrow – Registry.

Sentencing

Sentencing date: 06/02/95. Sentencing judge: The Honorable Robert Foster.

On 05/25/95, Damren was sentenced as follows:

• Count I First-Degree Murder – Death
• Count II Armed Burglary – Life imprisonment
• Count III Aggravated Assault – 10 years

Appeals

Damren filed a Direct Appeal with the Florida Supreme Court on 05/17/96, citing the following trial court errors:

• admission of similar-fact evidence
• failure to give adequate jury instruction
• overruling Damren’s objection to prosecutor comments
• admission of victim impact evidence
• admission of Chittam’s hearsay statements
• finding that the murder was heinous, atrocious, or cruel and cold, calculated, and premeditated
• failure to find certain mitigation
• imposing a sentence that is disproportionate compared to other crimes

The FSC affirmed Damren’s convictions and sentences on 05/08/97.

Damren filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/06/97, denied on 01/12/98.

Damren filed a 3.851 Motion with the Circuit Court on 11/18/98 that was denied on 06/20/01.

Damren filed a 3.851 Motion Appeal with the Florida Supreme Court on 07/05/01, citing ineffective assistance of counsel. The FSC affirmed the denial of the 3.851 Motion on 01/23/03.

Damren filed a Petition Writ of Habeas Corpus with the Florida Supreme Court on 12/19/01, citing issues of ineffective assistance of counsel; improper admission of hearsay statements; and vagueness of the heinous, atrocious, or cruel aggravating circumstance. The FSC denied the Habeas Petition on 01/23/03.

Damren filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 04/20/04 that is pending before the court.

Outcome

Damren was convicted on all counts of the indictment and was sentenced to death for Count I First-Degree Murder.

Other details

• Date of offense: 05/01/94
• Date of sentence: 06/02/95
• DOB: 05/27/51
• Supreme Court of Florida opinion 86003; opinion SC01-1469; DC# 061360
• Fourth Judicial Circuit, Clay County
• Case # 94-537

Codefendant

Jeff Chittam was not charged and did not testify at trial.

Chittam was the victim of a separate homicide, for which Damren was also charged, convicted, and sentenced to a term of life imprisonment (Case# 95-1305).