Tommy Sands Groover

Case record: Tommy Sands Groover

Identification and background

Tommy Sands Groover was born on 04/03/58. He was tried in the Fourth Judicial Circuit, Duval County (Case #82-1659CF). The trial judge was the Honorable R. Hudson Olliff. Trial counsel was Brent D. Shore (Private Attorney). Direct appeal counsel was Glenna Joyce Reeves (Assistant Public Defender). Collateral appeals counsel was Martin McClain and Linda McDermott (Pro Bono).

Groover’s trial included Florida Supreme Court opinions numbered 68845, 73756, 79199, 84807, and 86623. The case number included DC# 088266.

Timeline

• 02/06/82 — Date of offense: Tommy Groover, Robert Parker, and Elaine Parker forced Richard Padgett to leave a nightclub; Padgett was beaten, shot, his throat was cut, and his body was thrown in a ditch.
• 02/25/82 — Indicted on three counts of First-Degree Murder (Padgett, Sheppard, Dalton).
• 01/08/83 — Defendant was found guilty of three counts of first-degree murder as charged in the indictment.
• 01/11/83 — Advisory sentencing: the jury recommended life imprisonment for Padgett and Sheppard; death for Dalton.
• 02/18/83 — Sentenced: the judge overrode the jury recommendation and sentenced Groover to death for Padgett and death for Dalton; Sheppard received life imprisonment.
• 03/08/83 — Groover filed a direct appeal with the Florida Supreme Court.
• 09/06/84 — The Florida Supreme Court affirmed the convictions and sentences; the U.S. Supreme Court denied certiorari on 04/01/85.
• 05/07/86 — Governor Graham signed a death warrant.
• 06/01/86 — Groover filed a 3.850 Motion with the trial court; it was denied the same day.
• 06/03/86 — The Florida Supreme Court stayed the execution and remanded for an evidentiary hearing.
• 07/17–07/18/86 — Evidentiary hearing on the 3.850 Motion.
• 08/26/88 — The trial court denied the motion on appeal after the evidentiary hearing.
• 01/03/91 — The Florida Supreme Court affirmed denial of relief on the competency-related ineffective assistance claim.
• 08/01/91 — Groover filed his second 3.850 Motion with the trial court.
• 09/27/91 — The trial court denied the second 3.850 Motion.
• 05/05/94 — The Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.
• 10/17/94 — Groover petitioned the U.S. District Court, Middle District, for a Writ of Habeas Corpus.
• 08/08/02 — The U.S. District Court administratively closed the case pending a decision in the FSC Bottoson/King cases.
• 06/26/03 — The case was reopened and is pending.
• 11/02/05 — A Petition for Writ of Habeas Corpus with the Florida Supreme Court was denied.
• 06/11/02 — Groover filed his fourth 3.850 Motion with the trial court.
• 08/15/02 — Groover amended the fourth 3.850 Motion.
• 04/14/05 — Groover amended the fourth 3.850 Motion.
• 06/13/06 — A Petition for Writ of Habeas Corpus with the Florida Supreme Court is pending.

The offence

On February 6, 1982, Tommy Groover, Robert Parker and his wife Elaine Parker forced Richard Padgett to leave a nightclub, where Padgett had been drinking with his girlfriend Nancy Sheppard. Parker was angry because Groover had supplied Padgett with drugs that Groover was selling for Parker, but Padgett had not paid for them.

Padgett was taken to Parker’s junkyard and beaten. He was then taken to a wooded area and shot. His throat was cut and his body was thrown in a ditch.

Groover and the Parkers melted the barrel of the handgun and went to a bar where they were joined by a young woman named Jody Dalton. The group departed the bar to dispose of the gun and pick up another woman, Joan Bennett, who could tell them where Sheppard lived.

As the five drove in Elaine’s car toward a lake, Groover asked Dalton to perform oral sex on him and she complied. At the lake, Dalton was shot five times. Dalton’s body was anchored with concrete blocks and thrown in the lake.

Bennett testified that Groover beat Dalton before shooting her. Groover later claimed Parker had shot Dalton.

The group then picked up Sheppard at her home and Billy Long at his and drove to the scene of the Padgett murder. Long was given a gun and shown Padgett’s body in the ditch. He was told that unless he killed Sheppard, he too would be killed. Upon seeing her boyfriend’s body, Sheppard fell to her knees and began crying. Long then shot Sheppard and Parker stabbed her.

Parker took Sheppard’s necklace and class ring from her body before the body was thrown into the ditch with Padgett’s.

Co-defendants (as stated in the case record)

• Robert Parker was convicted of two counts of First-Degree Murder (Padgett and Sheppard) and one count of Third-Degree Murder (Dalton). The jury in 1983 recommended life sentences for both capital murder convictions. The judge followed the recommendation as to the Padgett murder, but overrode it as to the Sheppard murder and sentenced Parker to death. The defendant received a 15 year prison sentence for the Third-Degree Murder conviction. In 1994, the Florida Supreme Court vacated the death sentence and Parker was subsequently resentenced to life imprisonment without the eligibility of parole.
• Elaine Parker was convicted of Second-Degree Murder for her role in the offense. She was sentenced in 1983 to 30 years imprisonment. She was released in 1990.
• Billy Long was convicted of Second-Degree Murder and was sentenced in 1983 to 30 years imprisonment. He was released in 1990 and died in 1998.
• Joan Bennett was convicted of Accessory After the Fact to Third-Degree Murder and was sentenced in 1983 to two years imprisonment. She was released in 1984.

Investigation and evidence

The record stated that Groover, Robert Parker, and Elaine Parker melted the barrel of the handgun after the shootings. Groover claimed that Parker had shot Dalton.

Long was given a gun and shown Padgett’s body in the ditch and was told that unless he killed Sheppard, he too would be killed.

Trial

On 02/25/82, Groover was indicted on the following charges:

• Count I: First-Degree Murder (Padgett)
• Count II: First-Degree Murder (Sheppard)
• Count III: First-Degree Murder (Dalton)

On 01/08/83, Groover was found guilty of three counts of first-degree murder as charged in the indictment.

On 01/11/83, upon advisory sentencing, the jury by a majority vote recommended the following sentences for Groover:

• Count I First-Degree Murder — Life Imprisonment (Padgett)
• Count II First-Degree Murder — Life Imprisonment (Sheppard)
• Count III First-Degree Murder — Death (Dalton)

On 02/18/83, the judge overrode the jury recommendation on one of the convictions and sentenced Groover as follows:

• Count I First-Degree Murder — Death (Padgett)

Sentencing

Groover was sentenced to death for the First-Degree Murder convictions involving Padgett and Dalton, and he was sentenced to life imprisonment for the First-Degree Murder conviction involving Sheppard.

Appeals

Groover filed a direct appeal with the Florida Supreme Court on 03/08/83, citing numerous trial court errors, only one of which was addressed by the Florida Supreme Court. The court addressed the issue raised by Groover that a statement made by Groover in a plea bargain, that was later withdrawn, should not be used as evidence of his culpability. The Florida Supreme Court rejected this argument and affirmed the convictions and sentences on 09/06/84.

The U.S.

After sentencing, Governor Graham signed a death warrant on Groover on 05/07/86.

Groover filed a 3.850 Motion with the trial court on 06/01/86. The trial court denied the Motion on the same day it was filed. On appeal, the Florida Supreme Court, on 06/03/86, stayed the execution and remanded for an evidentiary hearing. The trial court held a hearing on 07/17–07/18/86 and denied the motion on 08/26/88.

On appeal, Groover claimed his counsel was deficient for failing to seek an examination to determine his competency to stand trial. The Florida Supreme Court rejected the claim and affirmed on 01/03/91.

Groover filed a second 3.850 Motion with the trial court on 08/01/91. The court denied the Motion the following month on 09/27/91.

On appeal, the Florida Supreme Court found procedural bars or no merit to four claims and addressed only two issues: that the trial court erred in failing to consider non-statutory mitigation and that the court erred by adopting the State’s proposed order denying 3.850 relief. The Supreme Court affirmed the trial court’s denial of the 3.850 Motion on 05/05/94.

Groover petitioned the U.S. District Court, Middle District, for a Writ of Habeas Corpus on 10/17/94. On 08/08/02, the U.S. The case was reopened on 06/26/03 and is pending.

On 12/02/94, Groover petitioned the Florida Supreme Court for a Writ of Habeas Corpus, citing ineffective assistance of counsel. The court denied the petition on 04/06/95.

Groover filed his third 3.850 Motion with the trial court on 12/03/94. The court denied the motion on 05/30/95. On appeal, Groover claimed:

• the trial court erred in denying his claim that codefendant Parker’s resentencing to life imprisonment for the Sheppard murder should be considered in mitigation of his death sentences
• the court erred by denying him an opportunity to argue his 3.850 Motion before the court
• the court erred in dismissing his amended 3.850 Motion

The Florida Supreme Court rejected the claims and affirmed the trial court’s denial of the 3.850 Motion on 08/21/97.

Groover filed his fourth 3.850 Motion with the trial court on 06/11/02 and amended it on 08/15/02 and 04/14/05. The case is pending.

Groover filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/11/04 that was denied on 11/02/05.

Groover filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/13/06 that is pending.

Other details

Prior incarceration history in Florida

Prior to the murders, Groover was convicted of seven misdemeanors and one felony as an adult, including aggravated assault, resisting arrest and marijuana possession. He also was convicted of attempted prison escape in 1989.