Victor Marcus Farr

Case information

Victor Marcus Farr (born 07/03/61) was convicted in the Third Judicial Circuit, Columbia County, Florida, case number 91-002. His death-row identification number was 541170.

The offence

On 12/11/90, Victor Farr attempted to kidnap and then shot two women outside a Lake City, Florida bar.

He escaped by forcibly taking a car in which a man and woman were sitting. The man fled. Farr managed to escape with the woman still in the car.

Later, while being pursued by police officers, Farr deliberately crashed the car into a tree, attempting to kill both himself and his hostage. The woman was severely injured in the crash and subsequently died from the injuries. Farr was only slightly injured.

Timeline

• 12/11/90 — Victor Farr attempted to kidnap, shot two women outside a Lake City, Florida bar, forcibly took a car occupied by a man and woman, and later deliberately crashed the car into a tree while being pursued by police officers.
• 01/03/91 — Farr was indicted on twelve counts: Grand Theft; Attempted Armed Burglary; Attempted Armed Robbery; two counts of Attempted Armed Kidnapping; two counts of Attempted First-Degree Murder; Armed Burglary; three counts of Armed Kidnapping; Armed Robbery; and First-Degree Murder.
• 04/02/91 — Farr pled guilty to all counts of the indictment and waived jury recommendation for both the guilt and penalty phases.
• 05/13/91 — Farr was sentenced to death and also received additional sentences on the other counts (as listed under Sentencing).
• 05/14/91 — Farr filed a Direct Appeal with the Florida Supreme Court.
• 06/24/93 — The Florida Supreme Court affirmed the convictions but vacated the death sentence due to the trial court’s failure to weigh all mitigating evidence.
• 12/08/93 — Farr was re-sentenced to death.
• 12/16/93 — Farr filed a Direct Appeal with the Florida Supreme Court focusing on the rejection of mitigation.
• 05/04/95 — The Florida Supreme Court affirmed the death sentence.
• 07/12/96 — Farr wrote a letter to Assistant Attorney General Richard Martell indicating that he wanted to waive all postconviction appeals.
• 10/17/96 — A waiver hearing was held in the trial court; the court found Farr had knowingly and voluntarily waived counsel and appeals.
• 11/18/96 — Michael Minerva, former Capital Collateral Representative, sent a letter to the Florida Supreme Court enclosing a letter he received from Farr requesting appointed counsel to file postconviction appeals; the Florida Supreme Court granted the request.
• 10/03/97 — After a waiver hearing, the court ruled that Farr had knowingly and voluntarily waived counsel and postconviction appeals.
• 10/24/97 — Farr filed an appeal to the Florida Supreme Court.
• 12/10/98 — Capital Collateral Regional Counsel for the Middle Region of Florida (CCRC-M) received a letter from Farr requesting representation in pursuing postconviction appeals.
• 12/11/98 — John Moser of CCRC-M filed a motion with the Florida Supreme Court to dismiss the appeal filed on 10/24/97; the motion was granted on 06/30/99.
• 06/30/99 — Farr’s motion to dismiss the appeal was granted and the appeal was dismissed.
• 11/18/97 — Farr filed a Petition for Writ of Mandamus with the Florida Supreme Court.
• 12/31/97 — The Petition for Writ of Mandamus was denied.

Arrest

Farr was pursued by police officers after he forcibly took a car and then deliberately crashed it into a tree.

Trial

Farr entered into a plea agreement with the State in which he pled guilty to all twelve counts of the indictment. He requested that the State ask for the death penalty, explaining that he wanted to die.

After determining that Farr was capable of knowingly and voluntarily entering the plea and that he understood the consequences, the trial court accepted the plea.

Farr waived his right to a jury for both the guilt and penalty phases of the trial.

Sentencing

Guilty plea

On 04/02/91, Farr pled guilty to all counts of the indictment and waived jury recommendation for the guilt and penalty phases.

Original sentence (05/13/91)

On 05/13/91, Farr was sentenced as follows:

• Count I — Grand Theft: 5 years
• Count II — Attempted Armed Burglary: 15 years
• Count III — Attempted Armed Robbery: 15 years
• Count IV — Attempted Armed Kidnapping: 15 years
• Count V — Attempted Armed Kidnapping: 15 years
• Count VI — Attempted First-Degree Murder: 30 years
• Count VII — Attempted First-Degree Murder: 30 years
• Count VIII — Armed Burglary: Life imprisonment
• Count IX — Armed Kidnapping: Life imprisonment
• Count X — Armed Kidnapping: Life imprisonment
• Count XI — Armed Robbery: Life imprisonment
• Count XII — First-Degree Murder: Death

Vacation and resentencing

Farr was sentenced to death on 05/13/91, but this sentence was overturned by the Florida Supreme Court on 06/24/93.

Farr was re-sentenced to death on 12/08/93. The Florida Supreme Court affirmed the death sentence on 05/04/95.

Appeals

Direct appeal filed 05/14/91

Farr filed a Direct Appeal with the Florida Supreme Court on 05/14/91, citing the following errors: failure to weigh all mitigating evidence in the court record, including the psychiatric evaluation and the pre-sentence investigation; and the finding of the aggravating circumstances (previous felony conviction; murder committed during a felony; hindering the enforcement of laws; and heinous, atrocious or cruel murder).

On 06/24/93, the Florida Supreme Court affirmed the convictions but vacated the death sentence due to the trial court’s failure to weigh all mitigating evidence.

Direct appeal filed 12/16/93

On 12/16/93, Farr filed another Direct Appeal with the Florida Supreme Court centered on the rejection of the case for mitigation.

During resentencing, Farr took the witness stand and refuted and controverted the case for mitigation. The Florida Supreme Court stated it was within the discretion of the trial court to reject opinion or factual evidence in mitigation where there was support for the conclusion that the evidence was untrustworthy.

On 05/04/95, the Florida Supreme Court affirmed the death sentence.

Waiver of postconviction proceedings

On 07/12/96, Farr wrote a letter to Assistant Attorney General Richard Martell indicating he wanted to waive all postconviction appeals. The Florida Supreme Court ordered a waiver hearing be held in the trial court.

After the 10/17/96 hearing, the trial court found Farr had knowingly and voluntarily waived counsel and appeals.

On 11/18/96, Michael Minerva, former Capital Collateral Representative, sent a letter to the Florida Supreme Court enclosing a letter Minerva received from Farr. In that letter, Farr requested that he be appointed counsel so he could file postconviction appeals. The Florida Supreme Court granted the request.

Farr again requested to waive counsel and postconviction appeals and a waiver hearing was ordered by the Florida Supreme Court to be held in the trial court.

On 10/03/97, after a waiver hearing, the court ruled that Farr had knowingly and voluntarily waived counsel and postconviction appeals.

An appeal to the Florida Supreme Court was filed on 10/24/97.

Dismissal of appeal and mandamus petition

On 12/10/98, CCRC-M received a letter from Farr requesting representation in pursuing postconviction appeals.

On 12/11/98, John Moser of CCRC-M filed a motion with the Florida Supreme Court to dismiss the appeal filed on 10/24/97. The motion was granted on 06/30/99.

Farr filed a 3.850 Motion with the circuit court on 04/02/97 that was pending.

On 11/18/97, Farr filed a Petition for Writ of Mandamus with the Florida Supreme Court, and it was denied on 12/31/97.

At the time described, Farr had postconviction counsel.

Other details

Letter to Assistant Attorney General

On 07/12/96, Farr wrote to Assistant Attorney General Richard Martell indicating he wanted to waive all postconviction appeals.

Trial counsel and appointed counsel

The sentencing judge was The Honorable Royce Agner.

The attorney listed for trial was William Slaughter, Assistant Public Defender.

Direct appeal representation was listed as W.C. McLain, Assistant Public Defender.

Collateral appeals were listed as James Lohman, Registry.

Disputed mitigation issue (as addressed on appeal)

The Florida Supreme Court’s reasoning included that the trial court could reject opinion or factual evidence in mitigation if it had support for concluding the evidence was untrustworthy.

Biographical material included with the case

The case material also included a long narrative by Victor Marcus Farr describing his upbringing and circumstances, including statements about being beaten, moving between Louisiana and Florida, drinking, and experiences he described as abusive. It included statements that Farr wrote letters to the state to make his actions seem “cold” to assure his case would go to death sentence, and that he wished to be seen as wanting to die.