Steven Maurice Evans

Case record: Steven Maurice Evans

Background

Steven Maurice Evans was born on 07/31/67. The case was in the Ninth Judicial Circuit, Orange County. The sentencing judge was The Honorable Jay Paul Cohen. Trial counsel was Andrea Black (Private Attorney). Direct appeal counsel was George D. E. Burden (Assistant Public Defender). Collateral appeals counsel was Mark Gruber and David Hendry (CCRC-M).

Evans had a prior incarceration history in the State of Florida. Prior to the murder, Evans had a 1994 Robbery conviction for which he was sentenced to five years, six months in prison.

In March of 1998, prior to trial, court-appointed experts conducted a competency and sanity evaluation of Evans. Evans was diagnosed with paranoid schizophrenia and determined to be incompetent to stand trial. Evans was ordered to undergo further evaluation, and he was ordered to be involuntarily committed on 10/14/98. Later, after hearing testimony from mental health experts, the court determined that Evans was competent to stand trial.

After the filing of the 3.850 Motion, Evans’ competency again became an issue. On 02/14/03, a competency and discovery hearing was held. A Durocher hearing was held on 10/13/03 to determine Evans’ competency to waive postconviction appeals. On 10/23/03, Evans was determined competent by the court.

The offence

On 04/26/96, Steven Evans, Edward Francis, Gervalow Ward, and Kenneth Lewis drove to Sanford, Florida, to commit a home invasion robbery of a drug dealer. The robbery was called off when Lewis abandoned the others in the getaway car, which belonged to Evans’ girlfriend’s brother.

Evans, Francis, and Ward then went to Mark Quinn’s house and called Evans’ girlfriend, telling her to call the police and report the car stolen. Evans, Francis, Ward, Quinn, and Blaine Stafford then went to Evans’ apartment to wait for Lewis.

When Lewis arrived, the five men jumped Lewis, beat him up, and bound and gagged him.

Evans then constructed a homemade silencer with a shampoo bottle. Evans, Francis, and Ward took Lewis out of the apartment and down to a culvert, where they pushed him down. Evans told Lewis that they were the last three people he (Lewis) would leave behind and the last three people he would see. Evans then placed the gun to Lewis’ head and shot six times, hitting Lewis in the head with five of the shots.

Investigation, arrest, and evidence

No separate investigation or arrest narrative beyond the offence sequence was provided in the record.

Trial

Indictment and charges

On 05/10/96, Evans was indicted as follows:

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

Verdicts and sentencing recommendation

On 04/09/99, the jury returned guilty verdicts on all counts of the indictment.

On 04/15/99, the jury recommended a death sentence by a vote of 11-1.

Sentencing

On 06/07/99, Evans was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Kidnapping): 10 years, 1 month, 8 days

Codefendants

Edward Francis was convicted of First-Degree Murder and Kidnapping and sentenced to life imprisonment and 11 years, 11 months, and 23 days, respectively. Gervalow Ward was convicted of Kidnapping and sentenced to 10 years imprisonment.

Appeals and postconviction proceedings

Evans filed a Direct Appeal with the Florida Supreme Court on 07/12/99, citing the following errors:

• finding Evans competent to stand trial;
• denying Evans’ motion for mistrial after a witness referred to Evans’ prior criminal record;
• allowing the introduction of irrelevant and prejudicial evidence;
• improperly finding aggravating circumstances (cold, calculated, and premeditated murder and heinous, atrocious, or cruel murder);
• improperly balancing aggravating factors against mitigating factors;
• disproportionate use of the death penalty due to the facts of the case;
• the death sentence is based on a split jury vote (11-1) and is unconstitutional under the U.S. Constitution.

The Florida Supreme Court affirmed the convictions and sentences on 10/11/01.

Evans filed a 3.851 Motion with the Circuit Court on 10/16/02 and amended the Motion on 12/18/03. The Circuit Court denied the 3.851 Motion on 11/08/04.

Evans filed a 3.851 Motion Appeal with the Florida Supreme Court on 01/27/05 that is pending.

Evans filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/26/05 that is pending.

A 3.850 Motion is referenced in relation to Evans’ competency becoming an issue.

Timeline

• 04/25/96 — Date of Offense listed as 04/25/96
• 04/26/96 — Evans and codefendants drove to Sanford, Florida, to commit a home invasion robbery of a drug dealer; robbery called off when Lewis abandoned the others in the getaway car
• 05/10/96 — Indicted: Count I First-Degree Murder; Count II Kidnapping
• 10/14/98 — Ordered to be involuntarily committed
• 07/12/99 — Filed Direct Appeal with the Florida Supreme Court
• 04/09/99 — Jury returned guilty verdicts on all counts of the indictment
• 04/15/99 — Jury recommended a death sentence by a vote of 11-1
• 06/07/99 — Sentenced: Count I Death; Count II 10 years, 1 month, 8 days
• 10/11/01 — Florida Supreme Court affirmed the convictions and sentences
• 10/16/02 — Filed a 3.851 Motion with the Circuit Court
• 12/18/03 — Amended the 3.851 Motion
• 02/14/03 — Competency and discovery hearing held
• 10/13/03 — Durocher hearing held to determine Evans’ competency to waive postconviction appeals
• 10/23/03 — Evans determined competent by the court
• 11/08/04 — Circuit Court denied the 3.851 Motion
• 01/27/05 — Filed a 3.851 Motion Appeal with the Florida Supreme Court (pending)
• 08/26/05 — Filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court (pending)

Other details

The case references Florida Supreme Court opinion numbers SC95993 opinion SC05-161 & 05-1526 DC# 330290. The home invasion robbery was of a drug dealer in Sanford, Florida. Evans constructed a homemade silencer with a shampoo bottle. Evans shot Lewis six times, hitting Lewis in the head with five of the shots. The jury recommended the death sentence by a vote of 11-1. Evans’ postconviction competency issues included an evaluation diagnosing paranoid schizophrenia, an initial determination of incompetency to stand trial, a commitment order on 10/14/98, later competency after mental health expert testimony, and subsequent competency determinations tied to the Durocher hearing and a competency and discovery hearing.