Arthur Barnhill

Case details

Arthur Barnhill was convicted and sentenced to death for the 08/06/95 murder of 84-year-old Earl Gallipeau in Seminole County, Florida, in the Eighteenth Judicial Circuit. Barnhill planned to steal money and a car from Gallipeau, a lawn service customer of Barnhill’s grandfather.

Timeline

• 08/06/95 — Arthur Barnhill and M. Jackson went to Earl Gallipeau’s home to steal his car; Barnhill revealed he planned to kill Gallipeau while they waited in the kitchen for two hours.
• 11/06/95 — Arthur Barnhill was indicted on four counts: First-Degree Murder, Armed Burglar, Armed Robbery, and Grand Theft Auto.
• 10/16/98 — Barnhill entered a plea of “no contest” and was adjudicated guilty on all counts charged in the indictment.
• 09/20/99 — After advisory sentencing, the jury recommended the death penalty by a 9 to 3 majority.
• 02/11/00 — Barnhill was sentenced: Count I First-Degree Murder (Death), Count II Armed Burglary (Life), Count III Armed Robbery (Life), Count IV Grand Theft Auto (5 years).
• 03/15/00 — Barnhill filed a Direct Appeal in the Florida Supreme Court.
• 10/10/02 — The Florida Supreme Court affirmed Barnhill’s convictions and sentence of death.
• 03/27/03 — Barnhill filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 06/09/03 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 12/01/03 — Barnhill filed a 3.850 Motion in the State Circuit Court.
• 05/19/05 — An Evidentiary Hearing was held for the 3.850 Motion.
• 12/30/05 — The 3.850 Motion was denied.
• 02/13/06 — Barnhill filed a 3.850 Motion Appeal in the Florida Supreme Court (pending).
• 09/11/06 — Barnhill filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court (pending).

Background

Arthur Barnhill was raised by his grandparents. At the age of 20, he was asked to move out because he refused to follow their rules. Barnhill then took up residence with his friend, M. Jackson. After Barnhill was asked to leave the Jackson residence, he decided he would go to New York, where his girlfriend lived.

The offence

Barnhill planned to steal money and a car from 84-year-old Earl Gallipeau, who was a lawn service customer of Barnhill’s grandfather.

On 08/06/95, Barnhill and M. Jackson went to Gallipeau’s home to steal his car. They entered the house through the garage and waited in the kitchen for two hours as Gallipeau watched television in another room. While in the kitchen, Barnhill revealed to Jackson that he planned to kill Gallipeau. Upon hearing this, Jackson left, and at least one witness reported seeing Jackson walking alone away from Gallipeau’s home.

Barnhill attacked Gallipeau as he entered the kitchen from the television room. Barnhill attempted to strangle Gallipeau with his hands, but failed. Barnhill then tried to strangle Gallipeau by wrapping a towel around his neck as a ligature. When that attempt failed, Barnhill took off Gallipeau’s belt and wrapped it around his neck several times, strangling and killing Gallipeau. Barnhill dragged his body to the back room and left it there.

After stealing Gallipeau’s car and money, Barnhill met up with Jelani Jackson. The two drove to New York, where Barnhill met up with his girlfriend.

Investigation and arrest

New York police quickly located Gallipeau’s car and subsequently arrested Barnhill on an old warrant.

Trial

On 11/06/95, Barnhill was indicted on the following charges:

• Count I: First-Degree Murder
• Count II: Armed Burglar
• Count III: Armed Robbery
• Count IV: Grand Theft Auto

On 10/16/98, Barnhill entered a plea of “no contest” and was adjudicated guilty on all counts charged in the indictment.

Sentencing

On 09/20/99, upon advisory sentencing, the jury recommended the death penalty by a 9 to 3 majority.

On 02/11/00, Barnhill was sentenced as followed:

• Count I: First-Degree Murder — Death
• Count II: Armed Burglary — Life
• Count III: Armed Robbery — Life
• Count IV: Grand Theft Auto — 5 years

Appeals

On 03/15/00, Barnhill filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in denying his motion for disqualification and in refusing to strike two jurors for cause. Barnhill also raised issues concerning voir dire and the trial court’s failure to grant his motion for a continuance. Barnhill claimed that the trial court erred in adjudicating him guilty for both robbery and grand theft, which he claimed to be the same principle crime. Lastly, Barnhill contended that the trial court erred in its consideration and application of aggravating and mitigating circumstances.

Specifically, Barnhill claimed that the trial court improperly found that the murder was committed for pecuniary gain and committed during the course of a felony. The Florida Supreme Court agreed, noting that the trial court relied on the same aspects of the crime to find both aggravating factors, which constituted improper doubling. For the purposes of reviewing Barnhill’s appeal, the Florida Supreme Court noted that the pecuniary gain aggravating factor should be stricken. The Florida Supreme Court affirmed Barnhill’s convictions and sentence of death on 10/10/02.

On 03/27/03, Barnhill filed a Petition for Writ of Certiorari in the U.S. Supreme Court, which was denied on 06/09/03.

Barnhill filed a 3.850 Motion in the State Circuit Court on 12/01/03, and an Evidentiary Hearing was held on 05/19/05. The motion was denied on 12/30/05.

Barnhill filed a 3.850 Motion Appeal in the Florida Supreme Court on 02/13/06 that is pending. Barnhill filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 09/11/06 that is pending.

Other details

Case information included:

• Supreme Court of Florida opinion SC00-547 and opinion SC06-275
• DC# 992634
• DOB: 01/31/75
• Eighteenth Judicial Circuit, Seminole County, Case #95-2932
• Sentencing Judge: The Honorable Kenneth R. Lester
• Attorney, Criminal Trial: Timothy Caudill – Assistant Public Defender
• Attorney, Direct Appeal: James R. Wulchak – Assistant Public Defender
• Collateral Appeals: Robert Strain & Carol Rodriguez – CCRC-M