Mark Allen Geralds

Case overview

Mark Allen Geralds was a carpenter who helped remodel the Pettibone home prior to the murder. On 02/01/89, the eight-year-old son of Tressa and Kevin Pettibone found his mother beaten and stabbed to death on the kitchen floor. Tressa Pettibone had two stab wounds on the right side of her neck and one fatal stab wound on the left side. These stab wounds were consistent with a knife found in the kitchen sink. The medical examiner found bruises and abrasions on the head, face, chest, and abdomen of the victim caused by blunt trauma. The medical examiner also found that the victim’s wrists had been bound with a plastic tie for at least twenty minutes prior to her death. Items were missing from the home, including the victim’s car.

The circumstances linked Geralds to the crime through multiple items of circumstantial evidence: Geralds knew that Kevin Pettibone was out of town and separately asked Tressa Pettibone and the children when Mr. Pettibone would be returning. Geralds pawned jewelry from the Pettibone home that had traces of blood consistent with Tressa Pettibone’s blood type but inconsistent with Geralds’ blood type. Geralds gave the victim’s sunglasses to a friend. Geralds’ shoes were consistent with the shoes used to make tracks on the floor of the Pettibone’s home. Plastic ties used to bind the victim matched ties found in Geralds’ car.

Timeline

• 02/01/89 — Tressa Pettibone was beaten and stabbed to death on the kitchen floor; her wrists had been bound with a plastic tie for at least twenty minutes prior to her death.
• 03/15/89 — Geralds was indicted: Count I First-Degree Murder; Count II Armed Robbery; Count III Burglary; Count IV Grand Theft Auto.
• 04/06/89 — Geralds stood mute at plea; the court entered a plea of not guilty.
• 02/07/90 — The jury returned a verdict of guilty and recommended death by a vote of 8-4.
• 03/26/90 — Geralds was sentenced: Count I First-Degree Murder—Death; Count II Armed Robbery—Life imprisonment; Count III Burglary—Life imprisonment; Count IV Grand Theft Auto—30 years.
• 04/30/92 — The Florida Supreme Court vacated Geralds’ death sentence.
• 03/26/93 — A jury recommended death sentence by a 12-0 vote.
• 04/13/93 — Geralds was resentenced to death.
• 04/30/90 — Geralds filed a Direct Appeal with the Florida Supreme Court citing multiple issues at both the guilt phase and penalty phase of trial.
• 04/30/92 — The Florida Supreme Court affirmed the conviction but vacated Geralds’ death sentence.
• 07/24/96 — Geralds filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/07/96 — The U.S. Supreme Court denied the petition.
• 09/22/97 — Geralds filed a 3.850 Motion with the Circuit Court.
• 08/31/01 — Geralds amended the 3.850 Motion.
• 01/28/02 — Geralds amended the 3.850 Motion.
• 01/18/06 — The Circuit Court denied the motion.
• 04/24/06 — Geralds filed a 3.850 Motion Appeal with the Florida Supreme Court, pending.

The offence

On 02/01/89, the eight-year-old son of Tressa and Kevin Pettibone found Tressa Pettibone beaten and stabbed to death on the kitchen floor. Tressa Pettibone had two stab wounds on the right side of her neck and one fatal stab wound on the left side, consistent with a knife found in the kitchen sink. The medical examiner also found bruises and abrasions on the head, face, chest, and abdomen caused by blunt trauma. The victim’s wrists had been bound with a plastic tie for at least twenty minutes prior to her death. Missing items from the home included the victim’s car.

Investigation

The case included circumstantial evidence connecting Geralds to the murder: Geralds knew Kevin Pettibone was out of town at the time of the crime and separately asked Tressa Pettibone and the children when Mr. Pettibone would be returning. Geralds pawned jewelry from the Pettibone home with traces of blood consistent with Tressa Pettibone’s blood type but inconsistent with Geralds’ blood type.

Arrest

No arrest details were provided.

Trial

Charges and plea

On 03/15/89, Geralds was indicted as follows: Count I First-Degree Murder; Count II Armed Robbery; Count III Burglary; Count IV Grand Theft Auto. On 04/06/89, Geralds stood mute at plea and the court entered a plea of not guilty.

Verdict and recommendation

On 02/07/90, the jury returned a verdict of guilty and recommended death by a vote of 8-4. On 03/26/93, after resentencing, a jury recommended death sentence by a 12-0 vote.

Sentencing

On 03/26/90, Geralds was sentenced as follows:

• Count I First-Degree Murder — Death
• Count II Armed Robbery — Life Imprisonment
• Count III Burglary — Life Imprisonment
• Count IV Grand Theft Auto — 30 years

On 04/30/92, the Florida Supreme Court vacated the death sentence. On 04/13/93, Geralds was resentenced to death.

Appeals

Geralds filed a Direct Appeal with the Florida Supreme Court on 04/30/90, citing multiple issues at both the guilt phase and penalty phase of trial: improper denial of two defense challenges for cause, error in denying defendant’s motion for a change of venue, error in denying defense counsel access to field notes used to refresh a state witness’ memory, and improper references to the defendant’s prior criminal record. On 04/30/92, the Florida Supreme Court affirmed the conviction, but vacated Gerald’s death sentence.

Geralds filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/24/96, which was denied on 10/07/96.

Geralds filed a 3.850 Motion with the Circuit Court on 09/22/97 and amended the Motion on 08/31/01 and 01/28/02. On 01/18/06, the Circuit Court denied the motion. Geralds filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/24/06 that is pending.

Outcome

Geralds remained convicted and was resentenced to death on 04/13/93.

Other details

Case information

• Florida Supreme Court opinion: 75938
• Florida Supreme Court opinion number: 81738
• DC#: 729185
• Date of birth (DOB): 03/29/67
• Fourteenth Judicial Circuit, Bay County
• Case #: 89-0495
• Sentencing Judge: The Honorable Don T. Sirmons
• Trial Attorney: Robert T. Adams, Jr. – Assistant Public Defender
• Direct Appeal Attorney: W.C. McLain – Assistant Public Defender
• Collateral Appeals: Linda McDermott
• Date of offense: 02/01/89
• Date of sentence: 03/26/90
• Date of resentense: 04/13/93
• Trial indictment and plea timeline included: 03/15/89, 04/06/89, and 02/07/90

Prior incarceration history in the State of Florida

Geralds had an extensive criminal record at the time of the offense, including incarceration with the Florida Department of Corrections since January 1983.

Current prison sentence history

• 12/06/1985 — ACCESSORY AFTER FACT — 03/26/1990 — BAY — Case No. 8601402 — 4Y 6M 0D
• 12/13/1985 — ACCESSORY AFTER FACT — 03/26/1990 — BAY — Case No. 8601402 — 4Y 6M 0D
• 08/10/1987 — ACCESSORY AFTER FACT — 03/26/1990 — BAY — Case No. 8701471 — 4Y 6M 0D
• 8701470 — 4Y 6M 0D
• 8701469 — 4Y 6M 0D
• 02/01/1989 — 1ST DEG MUR, COM.OF FELONY — 03/26/1990 — BAY — Case No. 8900495 — DEATH SENTENCE
• 02/01/1989 — ROBBERY W/FIREARM OR D/WEAPON — 03/26/1990 — BAY — Case No. 8900495 — SENTENCED TO LIFE
• 02/01/1989 — BURGLARY ASSAULT ANY PERSON — 03/26/1990 — BAY — Case No. 8900495 — SENTENCED TO LIFE
• 02/01/1989 — GRAND THEFT O/20,000 L/$100,00 — 03/26/1990 — BAY — Case No. 8900495 — 30Y 0M 0D
• 01/15/1990 — ESCAPE — 09/14/1990 — BAY — Case No. 9000105 — 30Y 0M 0D

Prior prison history

• 01/15/1986 — BURG/DWELL/OCCUP.CONVEY — 11/25/1987 — BAY — Case No. 8600289 — 2Y 0M 0D
• 01/15/1986 — GRAND THEFT,$300 LESS &20,000 — 11/25/1987 — BAY — Case No. 8600289 — 2Y 0M 0D
• 01/15/1986 — ACCESSORY AFTER FACT — 12/11/1987 — BAY — Case No. 8601402 — 2Y 0M 0D
• 08/10/1987 — ACCESSORY AFTER FACT — **12/11/1987