Guy Richard Gamble

Case details

Guy Richard Gamble was sentenced to death on August 10, 1993.

Background

Gamble and Michael Love murdered their landlord, Helmut Kuehl, on 12/10/91. Approximately six days before the murder, Gamble told his girlfriend that he was going to “take out” Kuehl. The day before the murder, Gamble told his girlfriend to pack their belongings because they would be leaving town. Gamble also rehearsed the murder of Kuehl by using his girlfriend as a simulated victim.

The offence

On the day of the murder, Gamble picked up his final paycheck and he and Love went to Kuehl, in the guise of paying rent. Gamble and Love approached Kuehl in his garage, and when Kuehl went to his apartment to get a rent receipt, Love searched the garage for a weapon to use to kill Kuehl. Love found a claw hammer and placed it on a counter.

When Kuehl returned, Gamble picked up the hammer and struck Kuehl, who fell to the ground. Gamble then held Kuehl down while Love closed the garage doors. Love then repeatedly struck Kuehl in the head with the hammer, then wrapped a cord around Kuehl’s neck and began choking him. After Kuehl was dead, Gamble wrapped the hammer and cord in newspaper and left them lying on the floor.

After cleaning up, Gamble and Love stole Kuehl’s car, picked up their girlfriends, and went to Kentucky Fried Chicken. After forging and cashing a check on Kuehl’s account for $8,544, Gamble, Love, and their girlfriends left town.

Investigation

Gamble was indicted on Count I Conspiracy to Commit Armed Robbery, Count II Armed Robbery, and Count III First-Degree Murder.

Trial

Indictment and plea

• On 01/01/92, Gamble was indicted as follows:
  • Count I Conspiracy to Commit Armed Robbery
  • Count II Armed Robbery
  • Count III First-Degree Murder
• On 01/22/92, Gamble entered a plea of not guilty.

Verdict and jury recommendation

• On 06/25/93, jury returned guilty verdicts on all counts of the indictment.
• On 06/29/93, the jury recommended a death sentence by a vote of 10-2.

Sentencing

• On 08/10/93, Gamble was sentenced as follows:
  • Count I Conspiracy to Commit Armed Robbery — 15 years
  • Count II Armed Robbery — Life imprisonment
  • Count III First-Degree Murder — Death

Sentencing judge

The Honorable G. Richard Singletary was the sentencing judge.

Codefendant information

Michael Love pled guilty to conspiracy to commit Armed Robbery, Armed Robbery, and First-Degree Murder. Love was sentenced to fifteen years for the Conspiracy charge and life imprisonment for the Armed Robbery and Murder charges.

Appeals

Florida Supreme Court direct appeal

Gamble filed a Direct Appeal with the Florida Supreme Court on 09/10/93, citing the following errors:

• erroneous finding of the cold, calculated, and premeditated murder aggravating circumstance
• sentencing that was disproportionate compared to other crimes, excessive, inappropriate, and imposed cruel and unusual punishment
• denial of special penalty phase jury instructions
• unconstitutionality of the death penalty

The FSC affirmed the convictions and sentences on 05/25/95.

U.S. Supreme Court petition for certiorari

Gamble filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/29/95 that was denied on 02/20/96.

Circuit Court 3.850 motion

Gamble filed a 3.850 Motion with the Circuit Court on 09/20/99 that was denied on 01/08/02.

Florida Supreme Court 3.850 motion appeal

Gamble filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/30/02, raising allegations of ineffective assistance of counsel. On 05/06/04, the FSC affirmed the denial of the 3.850 Motion.

Florida Supreme Court habeas corpus petition

Gamble filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/29/02, raising allegations of ineffective assistance of counsel and Ring claims. On 05/06/04, the FSC denied the Petition.

Federal habeas corpus petition (district court)

Gamble filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 09/08/04 that was denied on 07/06/05.

Federal habeas corpus appeal (11th Circuit)

Gamble filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11 th Circuit, on 08/03/05 that was denied on 05/31/06.

U.S. Supreme Court petition for certiorari (pending)

Supreme Court on 08/28/06 that is pending.

Other details

• Date of offense: 12/10/91
• Date of sentence: 08/10/93
• DOB: 08/19/71
• Fifth Judicial Circuit, Lake County
• Case # 91-1676
• DC# 123096
• Attorney (trial): Mark A. Nacke — Assistant Public Defender
• Direct Appeal: Michael S. Becker — Assistant Public Defender
• Collateral Appeals: Robert Strain & Carol Rodriguez — CCRC-M
• Codefendant information: Love pled guilty to conspiracy to commit Armed Robbery, Armed Robbery, and First-Degree Murder. He was sentenced to fifteen years for the Conspiracy charge and life imprisonment for the Armed Robbery and Murder charges.