Paul Everett

Case record: Paul Everett

Background

Paul Everett lived in Alabama and came to Panama City Beach, Florida during the week of 11/02/01. He stayed at a motel, played video games at one of the arcades, and used drugs. Around dusk on 11/02/01, Everett “ate some acid [LSD] and started tripping” and went looking for money.

Kelli Bailey lived in an apartment that Everett entered on 11/02/01.

At the time of the murder, Everett was under a sentence of imprisonment. In Alabama, on 09/08/99, Everett was convicted on one count of Second–Degree Possession of a Forged Instrument. He was given a suspended sentence of 10 years and probation for 3 years. On 02/08/00, Everett’s probation was revoked, and he was sentenced to 10 years in prison. Everett appealed the decision and was freed on bond, pending the appeal. On 10/05/01, Everett’s appeal was denied, and he was to begin his prison sentence 15 days after the appellate decision. His trip to Florida violated the conditions of the bond, and on the day of the murder he was seized and placed in the Baldwin County, Alabama jail.

The offence

Around dusk on 11/02/01, Everett entered the apartment of Kelli Bailey, saw her purse, and began rummaging through it. Everett found $70 but was confronted by Bailey. Everett’s recollection of the events was incomplete, but he remembered hitting her twice, grabbing her by the hair, and sexually assaulting her.

The medical examiner testified that Bailey died from suffocation caused from a broken vertebra that caused her diaphragm muscles not to function. The vertebra was broken when Everett grabbed Bailey by the hair.

Injuries to Ms. Bailey resulting from the attack included a fractured nose; somewhat swollen eyelids; abrasions to the bottom of her chin; lacerations and bruising to various areas of her lip; a laceration to the top of the lip from which her front teeth protruded; bruising to the tongue; a knocked out tooth; abrasions and carpet burns to her thumb, elbows, and middle of her back; and abrasions to her vagina.

Investigation

A month after the murder, Everett confessed to breaking into Bailey’s house, fighting with her, and sexually assaulting her.

Arrest

Everett’s trip to Florida violated the conditions of bond. On the day of the murder, he was seized and placed in the Baldwin County, Alabama jail.

Trial

01/28/02 — Indicted:

• Count I: First-Degree Murder
• Count II: Burglary with Assault
• Count III: Sexual Battery

11/21/02 — Jury returned guilty verdicts on all counts of the indictment.

11/22/02 — Jury recommended death by a vote of 12-0.

01/09/03 — Sentencing:

• Count I: First-Degree Murder — Death
• Count II: Burglary with Assault — Life Imprisonment
• Count III: Sexual Battery — Life Imprisonment

Appeals

Everett filed a Direct Appeal with the Florida Supreme Court on 01/15/03, citing the following errors: admitting physical evidence and a confession, admitting the testimony of the State’s DNA expert regarding population frequency, Ring issues, allowing improper penalty phase jury instructions, and finding the imprisonment aggravating circumstance.

11/24/04 — The Florida Supreme Court affirmed the convictions and sentences.

Everett filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/22/05, which was denied on 04/18/05.

Everett filed a 3.851 Motion with the Circuit Court on 03/30/06 that is pending.

Outcome

Everett was sentenced to death on 01/09/03 for Count I (First-Degree Murder). The Florida Supreme Court affirmed the convictions and sentences on 11/24/04.

Other details

• Florida Supreme Court opinion: SC03-73
• District Court number: DC# Q13157
• Date of birth: 02/11/79
• Fourteenth Judicial Circuit, Bay County
• Case number: 01-2956
• Sentencing judge: The Honorable Don T. Sirmons
• Attorney, trial: Walter B. Smith – Assistant Public Defender
• Attorney, direct appeal: David Davis – Assistant Public Defender
• Attorney, collateral appeals: Charles Lykes – Registry
• Date of offense: 11/02/01
• Additional information included that Everett was under a sentence of imprisonment at the time of the murder.