Ronnie Ferrell

Case information

Ronnie Ferrell was sentenced to death on December 17, 1993. He was indicted in the Fourth Judicial Circuit, Duval County, Florida (Case # 91-8142). The sentencing judge was The Honorable R. Hudson Olliff. The trial attorney was Richard D. Nichols – Private Attorney. The direct appeal attorney was Teresa J. Sopp – Private Attorney. The collateral appeals were Frank Tassone, Jr. – Registry. Ronnie Ferrell’s date of birth was 03/19/64.

Timeline

• 04/22/91 — Ronnie Ferrell and two co-defendants (Kenneth Hartley and Sylvester Johnson) approached Gino Mayhew, who was selling crack outside of his Chevrolet Blazer.
• 04/23/91 — Police found Gino Mayhew slumped in the driver’s seat with five gunshot wounds.
• 07/25/91 — Ferrell was indicted.
• 03/12/92 — Jury returned guilty verdict on all counts of the indictment.
• 03/20/92 — Jury recommended a death sentence by a vote of 7-5.
• 12/17/93 — Ferrell was sentenced.
• 01/24/94 — Ferrell filed a direct appeal with the Florida Supreme Court.
• 09/19/96 — The Florida Supreme Court affirmed the convictions and death sentence.
• 02/11/97 — Ferrell filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 04/14/97 — The U.S. Supreme Court denied the petition.
• 04/13/98 — Ferrell filed a 3.850 Motion with the Circuit Court.
• 09/01/04 — The 3.850 Motion was amended.
• 12/05/05 — Evidentiary hearing was held.
• 04/17/06 — Evidentiary hearing was held.

Background

A witness testified that on 04/22/91, Ronnie Ferrell and two co-defendants (Kenneth Hartley and Sylvester Johnson) approached the victim, Gino Mayhew, who was selling crack outside of his Chevrolet Blazer. Ferrell had an extensive criminal record at the time of the offense.

The offence

On 04/22/91, the witness saw Hartley place a gun to Mayhew’s head and force him into the driver’s seat. Hartley sat in the back seat, behind Mayhew, and Ferrell climbed into the front passenger seat. The Blazer left at a high rate of speed, with Johnson following in a truck.

On 04/23/91, police found Mayhew slumped in the driver’s seat with five gunshot wounds: one shot to the forehead, three shots to the back of his head, and one shot to the shoulder.

Codefendants and separate proceedings

Ronnie Ferrell and two codefendants, Hartley and Johnson, were each charged and tried separately for the First-Degree Murder, robbery, and kidnapping of seventeen-year-old Gino Mayhew. Hartley was convicted and sentenced to death for the First-Degree Murder charge. Johnson was convicted and sentenced to life imprisonment.

Trial

Ferrell was indicted as follows on 07/25/91:

• Count I — First-Degree Murder
• Count II — Armed Robbery
• Count III — Armed Kidnapping

On 03/12/92, the jury returned guilty verdict on all counts of the indictment. On 03/20/92, the jury recommended a death sentence by a vote of 7-5.

Sentencing

On 12/17/93, the court sentenced Ferrell as follows:

• Count I (First-Degree Murder) — Death
• Count II (Armed Robbery) — 30 years (habitual felony offender)
• Count III (Armed Kidnapping) — Life imprisonment (habitual felony offender)

Appeals

Direct appeal to the Florida Supreme Court

Ferrell filed a Direct Appeal with the Florida Supreme Court on 01/24/94, citing the following errors:

• improper comments by trial judge on the biblical origins of the commandment “thou shalt not kill;”
• admitting evidence that the victim was robbed two days before the murder
• admitting statements by the victim before the murder
• insufficient evidence to support First Degree Murder conviction
• insufficient evidence to support armed robbery conviction
• sentencing Ferrell as a habitual felony offender
• erroneous instruction on the cold, calculated, and premeditated (CCP) aggravating circumstance
• finding that the murder was CCP, for financial gain, and heinous, atrocious, or cruel
• improper doubling of the aggravating factors of kidnapping and pecuniary gain
• denying a request for a special verdict

The Florida Supreme Court affirmed the convictions and death sentence on 09/19/96.

Petition for Writ of Certiorari to the U.S. Supreme Court

On 02/11/97, Ferrell filed a Petition for Writ of Certiorari with the U.S. Supreme Court. The petition was denied on 04/14/97.

Collateral proceedings (3.850 motion)

Ferrell filed a 3.850 Motion with the Circuit Court on 04/13/98 and amended on 09/01/04. Evidentiary hearings were held on 12/05/05 and 04/17/06. The motion was pending.

Other details

Codefendant names were Kenneth Hartley and Sylvester Johnson. The victim was Gino Mayhew, seventeen years old. The case was identified as Florida Supreme Court opinion 83076, DC# 092900, and Fourth Judicial Circuit, Duval County, Case # 91-8142. The sentencing date was 12/17/93 and the date of offense was 04/22/91.