Leon Davis Jr.

Case record: Leon Davis Jr.

Outcome

Leon Davis Jr. was sentenced to death on April 29, 2011, for the execution-style killings of two clerks at a Lake Alfred convenience store in December 2007. A judge ruled that the aggravating circumstances far outweighed the mitigating factors.

The convictions and death sentence were automatically appealed to the Florida Supreme Court.

During Friday’s hearing in the related matter, the judge also ordered life imprisonment for attempted murder and armed robbery convictions and 30 years for arson.

Background

Leon Davis Jr. was convicted murderer who was sentenced to death on April 29, 2011.

Davis was described by family members as “a good father, a loving husband and devoted to his brother and two sisters.” Some witnesses described him as “friendly and outgoing.” The judge noted that Davis was “always cooperative, polite and respectful” to court staff.

During his childhood, Davis was bullied by an older boy who forced Davis to perform oral sex on him. His mother and father were often absent, and a caregiver was abusive to him.

He joined the U.S. Marine Corps and served about 13 months before trying to commit suicide in an intentional automobile crash. Military hospital records showed Davis was diagnosed with a “personality disorder not otherwise specified.” He did not seek treatment for this or periodic bouts with depression. No mental health experts testified at Davis’ trial.

At the time of the robbery, Davis was under a great deal of financial stress. His wife took a leave of absence from work because of a difficult pregnancy. He had a $195,000 mortgage on his home and a car payment. He lost his job at Florida Natural Growers for stealing juice and was working for less money at a maintenance position for Eagle Lake.

The offence

Davis was convicted in October of first-degree murder, attempted murder, robbery and possession of a firearm by a convicted felon.

Lake Alfred convenience store killings

Prosecutors argued Davis attempted to rob a convenience store along State Road 557 just south of Interstate 4. He arrived about 9 p.m., and the store was closing with the front door locked. Davis fired on the clerk inside, who avoided injury by ducking behind the counter.

A store surveillance video showed a man running across the parking lot toward Pravinkumar Patel, 33, and Dashrath Patel, 51, who were changing the lettering on the store’s marquee near the roadway.

What happened next was not captured on video, but both men were killed with gunshots at close range to their heads.

The shootings also involved the surviving clerk at the store: the judge ordered Davis to serve life in prison for firing on Prakashkumar Patel, who had ducked behind the counter.

Headley Insurance Agency killings and related child death

The judge gave very great weight in sentencing Davis in the Lake Alfred case to Davis’ convictions for the murders of Yvonne Bustamante, 26, and Juanita “Jane” Luciano, 23, at the Headley Insurance Agency in Lake Wales a week after the BP murders in December 2007. The women were strapped into chairs, doused with gasoline and set on fire during a robbery at the agency.

Bustamante, who knew Davis, identified him as her attacker before she died.

Davis was sentenced to death for the murders of Luciano and Bustamante. He received a life sentence for the death of Luciano’s newborn son, Michael Bustamante Jr., who was born prematurely the night of the attacks and died three days later.

Investigation

Police Chief Herbert Gillis said the bravery of the two women was responsible for Davis’ arrest. Bustamante and Luciano were able to identify Davis before being flown to the Orlando hospital.

Gillis said two witnesses told investigators Davis was upset with a recent increase in his insurance premiums.

After setting the women on fire, police said Davis fired at least three shots, striking Bustamante in the hand and Brandon Greisman, a good Samaritan who attempted to come to the women’s aid, in the nose. Greisman recovered from the wound.

Gillis said the victims’ identification of Davis, combined with bullets found at the Lake Wales scene, helped tie Davis to the slayings of two employees outside a BP station north of Lake Alfred on Dec. 7.

Arrest

Davis was arrested after Bustamante and Luciano identified him before being flown to the Orlando hospital.

Trial

Davis waived his right to a jury trial in the Lake Alfred case, leaving the decision on his guilt or innocence to Jacobsen. Because of that waiver, there was no jury recommendation on sentence in that case.

For the Headley Insurance Agency case, after jury selection and testimony, a mistrial was declared after a witness inappropriately testified about his opinion, which the defense argued inappropriately gave extra credibility to Bustamante’s dying declaration. Bustamante’s parents, Ebelia Rodriguez and Richard Bustamante, were enraged when the mistrial took place; Ebelia Rodriguez threw her purse and Richard Bustamante climbed over benches trying to get close to Davis.

A second jury was chosen and spent weeks hearing testimony and reviewing evidence. Davis took the witness stand and denied any wrongdoing.

Jurors rejected Davis’ claims of innocence. After less than four hours of deliberations, jurors found him guilty Feb. 15 on three counts of first-degree murder and a count each of attempted first-degree murder, armed robbery and arson.

The same jury recommended unanimously that Davis should be executed for the deaths of Bustamante and Luciano. The jury also recommended by a vote of 8 to 4 that Davis should be executed for the death of Luciano’s son.

Under Florida law, Hunter was required to give the jury’s recommendation “great weight,” but the decision rested within his hands.

Sentencing

Lake Wales insurance office (Headley Nationwide Insurance Agency)

Circuit Judge J. Michael Hunter ordered that Davis, 33, received society’s ultimate punishment for fatally burning Yvonne Bustamante and her pregnant sister-in-law, Juanita “Jane” Luciano.

Hunter ruled Davis should receive life in prison for the death of Luciano’s son, Michael Bustamante Jr., delivered prematurely the day of the attack and died a few days later.

During sentencing, Hunter described the killings of the women as “cold, calculated and premeditated,” as well as “especially heinous, atrocious or cruel.” He concluded Davis’ actions involved brutal killings with careful planning.

Hunter wrote that he “can only imagine the fear and terror” the women experienced in the moments leading to their murders.

Hunter also ordered life in prison for the attempted murder and armed robbery convictions and 30 years in prison for arson in the Headley Nationwide Insurance Agency case.

Hunter stated handling death penalty cases is “the most difficult task” for judges and juries to perform.

At times, Hunter’s voice appeared to choke up with emotion as he discussed portions of his judgment.

Hunter’s sentencing order analyzed in detail the killings and weighed reasons whether Davis should live or die.

Details of how the killings were carried out (as described in sentencing order)

Hunter wrote that Davis bought a .357-caliber handgun from his cousin for $220 about six days before the robbery.

Davis went to a Walmart store in Lake Wales on the morning of the killings to purchase an orange cooler to conceal the pistol, gloves, a long-sleeve shirt and a lighter. He also brought along a 5-gallon gas can and duct tape to carry out the crime.

Hunter wrote that Davis locked the door of the insurance office to prevent anyone from entering.

Duct tape was found over the lens of the surveillance camera inside the insurance agency.

One of the women opened the safe, and then Davis bound and taped them to chairs. Davis blocked the nearest exit with a chair that he set on fire.

Hunter wrote that Davis’ torturous method of killing demonstrated “extreme and outrageous depravity.” He wrote that Davis was armed with a handgun and could have shot the women in the head if his only intent was to kill them.

Hunter wrote:

“After being doused with gasoline, the victims could clearly perceive their impending fate,” Hunter wrote.

Hunter wrote that the women managed to free themselves and run from the building as chunks of flesh melted from their bodies. He wrote that extensive burns over 80 percent of their bodies eventually destroyed the women’s nerve endings, but prior to that, their injuries were quite painful.

Hunter wrote that Davis fired at the women after they managed to free themselves and they ran from the burning building.

Mitigating factors considered by Hunter

Hunter considered a variety of reasons the defense argued Davis should receive life imprisonment.

Family members described him as “a good father, a loving husband and devoted to his brother and two sisters.” Witnesses described him as “friendly and outgoing.” Hunter noted Davis was “always cooperative, polite and respectful” to court staff.

Hunter also considered mitigating factors including Davis’ history of child abuse, being bullied at school, his history of depression and mental problems and his reputation as a good father and husband. Jacobsen said he considered 14 mitigating factors favoring a life sentence in the Lake Alfred case.

Appeals

The convictions and death sentence automatically were appealed to the Florida Supreme Court.

Davis’ other death sentence for fatally burning two women in a Lake Wales insurance office went to trial last year and remained on appeal to the Florida Supreme Court.

Other details

Victims and identifications

In the Headley Insurance Agency case:

• Yvonne Bustamante, 26
• Juanita “Jane” Luciano, 23

Luciano died 21 days after being doused with gasoline and set afire. Luciano died Thursday in late 2007, bringing the total number of people investigators said the man killed last month in failed robberies at two Polk County businesses to five.

The notice identified Luciano as 5 1/2 months pregnant when she and co-worker Yvonne Bustamante were set on fire during the Dec. 13 robbery attempt at Headley Nationwide Insurance Agency in Lake Wales. Bustamante died Dec. 18 from burn injuries.

Luciano never regained consciousness after being flown to Orlando Regional Medical Center. She did not know her baby, Michael Bustamante Jr., was delivered by emergency Cesarean section the night of the incident or that the 1-pound, 2-ounce baby died three days later.

Luciano and Bustamante’s relatives attended the mistrial aftermath: Ebelia Rodriguez and Richard Bustamante were enraged when it took place.

A bystander and witness in the Headley case included:

• Brandon Greisman, who attempted to aid Bustamante and was shot in the nose Bustamante identified Davis as her attacker before she died.

Related charges mentioned in connection with Lake Wales attack

Other charges already filed by Lake Wales police in relation to the attack at the insurance agency included:

• three counts of arson
• one count of armed robbery
• two counts of kidnapping resulting in the infliction of bodily harm
• one count of grand theft
• one count of possession of a firearm by a convicted felon

In addition to the murder counts, Davis was charged with five counts of first-degree murder in what was considered the worst killing rampage in Polk County history.

BP gas station clerks and matching projectiles

Davis was also accused of fatally shooting two clerks, Pravinkumar Patel and Dashrath Patel, at a BP gas station near Lake Alfred. The men were shot on the evening of Dec. 7, 2007, as they adjusted a sign.

The Polk County Sheriff’s Office reported that a projectile from the Lake Wales attack was successfully matched to projectiles in the clerks’ shooting.

The handgun was never recovered.

Lawyers were expected to discuss the BP case at a Tuesday hearing, and prosecutors were seeking the death penalty for the clerks’ killings.

Names of speakers and quotes at sentencing and life events

At the sentencing in the April 29, 2011 matter, Alicia Littleton, Bustamante’s aunt, spoke outside the courtroom. She said: “I know some people think that it is bad because you wish somebody should die,”

“But to me, he deserves that and more.”

She said she understood that more time would pass as Davis’ case went through appeals: “We might not ever get to see him get what he deserves, but we know that he is going to pay for what he did,”

Funds for victims’ families

Several funds were set up to assist the families of Jane Luciano and Yvonne Bustamante. Donations could be sent in the women’s names to any Wachovia Bank in Polk County or to the Bustamante, Luciano Family Victims Fund at Providence Bank, 150 First St. S., Winter Haven, FL 33880.

Personal relationships and friends’ statements (Luciano)

Luciano and Yvonne Bustamante’s lives were described as closely entwined in Lake Wales and in the small Zavala County, Texas towns where they grew up. Luciano and her two daughters from a previous relationship, Alysa, 3, and Danielle, 5, moved in with Mike Bustamante about three years prior to moving to Lake Wales from Texas.

Friends described the couple as devoted. Luciano’s friend Mindy Hernandez said: “You could see thehappiness in her,”

“She was a sacred type of girl. She wouldn’t say too much about her life.”

Luciano had a page on myspace.com that said “Expecting an angel.”

Witnesses said Luciano’s first thoughts were of the unborn baby after the attack. Luciano was described as screaming for help for her baby after she collapsed in a booth in the Havana Nights restaurant near the insurance office and placed a menu over her belly.

Luciano’s husband partner’s brother’s family included Rosie Bustamante, 30, married to Mike’s brother, Richard, 29. Hernandez said: “He’s been a good dad to them,”

“Michael loved how she looked,”

“He was always grinning and smiling. He was in love with what he had. Anywhere they’d go he only had eyes for her.”

Hernandez also said: “Jane was a real good girl, a positive attitude and always smiling, friendly.”

Hernandez said:

Luciano was described as never being the type to go out, preferring to spend time with family. Hernandez said: “When she wasn’t with us and the family, she was with Michael and her girls,”

“With Michael she was always laughing and talking about things you wouldn’t expect her to talk about,”

“With Michael she was different. She showed a different side of herself you wouldn’t believe.”

Rosie Bustamante said Luciano: “always with her girls,”

and described their family meeting routine at Yvonne Bustamante’s mother’s house, with “marathon games of Mexican Bingo.”

Rosie Bustamante said: “Her house was always full,”

“Now it’s not the same.”