Guerry Wayne Hertz

Case overview

Guerry Wayne Hertz was sentenced to death on February 18, 2000.

Timeline

• 07/27/97 — The bodies of Melanie King and Robin Keith Spears were found in their burning home in the early morning hours.
• 07/26/97 — Guerry Hertz, Jason Looney, and Jimmy Dempsey left an acquaintance’s house on foot at approximately 11 p.m.
• 02:00 (approx.) — Hertz came to a woman’s home requesting to use her telephone because “his truck had broken down.”
• Early morning (approx.) — Hertz forced his way into Melanie King and Robin Keith Spears’ home at gunpoint; King and Spears were bound and gagged with duct tape; King and Spears died as a result of gunshot wounds; after the shootings, the house was set afire.
• 05:00 (approx.) — Two Tallahassee Wal-Mart employees testified that the three men showed off new vehicles after making a purchase; their testimony was corroborated by a Wal-Mart receipt for clothes found in the victims’ Ford Mustang.
• After the police pursuit — Looney and Dempsey abandoned the victims’ Ford Mustang and were arrested while fleeing; Hertz was shot, abandoned the victims’ white Ford Ranger, and paid $100 for a cab ride to his aunt’s St. Augustine home; Hertz was arrested that day; police discovered Spears’ .9mm gun in Hertz’s bag.
• 08/26/97 — The defendant was indicted on Counts I through VI.
• 12/09/99 — The defendant was found guilty on all counts.
• 12/11/99 — The jury recommended death by a vote of 10-2 on both counts.
• 02/18/00 — The defendant was sentenced.
• 03/03/00 — A Direct Appeal was filed with the Florida Supreme Court.
• 11/01/01 — The Florida Supreme Court affirmed the conviction and sentence.
• 03/20/02 — A Petition for Writ of Certiorari was filed with the United States Supreme Court.
• 06/28/02 — The Petition for Writ of Certiorari was denied.
• 06/30/03 — A 3.851 Motion was filed with the State Circuit Court.
• 03/09/04 — The 3.851 Motion was amended.
• 12/30/04 — The Motion was denied.
• 01/12/05 — A 3.851 Motion Appeal was filed with the Florida Supreme Court alleging ineffective assistance of counsel.
• 06/22/06 — The Florida Supreme Court affirmed the denial of the motion.

Background

The bodies of Melanie King and Robin Keith Spears were found in their burning home in the early morning hours of July 27, 1997. On July 26, 1997, Guerry Hertz, Jason Looney, and Jimmy Dempsey left an acquaintance’s house on foot, which was within walking distance of the victims’ home, at approximately 11 p.m.

The offence

A woman who lived approximately 500 yards from the victims’ home said that, at approximately 2 a.m., Hertz came to her home requesting to use her telephone because “his truck had broken down.” She refused and the three men resumed their walk up the road towards the home of Melanie King and Robin Keith Spears.

When Looney saw their black Ford Mustang, he exclaimed, “There’s my car right there. That’s the one I want.”

Acting as a decoy, Dempsey and Hertz knocked on the victims’ front door and asked if they could use a telephone. King gave them a cordless telephone and Dempsey pretended to make a call. When Dempsey started to hand the phone back to King, Hertz forced his way into the home at gunpoint.

Looney entered after him and targeted Spears with his rifle. King and Spears were forced face down on their bed after being bound and gagged with duct tape.

The three defendants stole various items including a television, a VCR, furniture, jewelry, CDs, and $1500 cash. They loaded the stolen goods into the victims’ two vehicles.

Hertz and Looney decided that they could not leave witnesses and then informed Dempsey of their plan. Dempsey testified that Hertz and Looney poured accelerants throughout the house, after which all three men went back to the bedroom armed. King told the defendants that she would “rather die being burnt up than shot.” She then stated, “Please, God, don’t shoot me in the head.” Hertz replied, “Sorry, can’t do that,” before he started firing his firearm. Looney started firing and was followed by Dempsey.

Both King and Spears died as a result of the gunshot wounds. After the shootings, the house was set afire. Looney drove away in the victims’ Ford Mustang with Dempsey as a passenger, while Hertz drove the victims’ white Ford Ranger. Dempsey reported that the entire episode spanned two hours.

They drove to Hertz’ house so that they could divide the money and unload the stolen cargo.

Investigation and evidence

Testimony was given by two Tallahassee Wal-Mart employees stating that the three men showed off their new vehicles, a black Ford Mustang and a white Ford Ranger, after making a purchase at approximately 5 a.m. The employees’ testimony was corroborated by a Wal-Mart receipt for clothes that was found in the victims’ Ford Mustang.

Looney, Hertz, and Dempsey then drove to Daytona Beach, Florida, where they were involved in a shootout after a police pursuit. Looney and Dempsey abandoned the victims’ Ford Mustang and were arrested as they were fleeing the scene. Hertz was shot, abandoned the victims’ Ford Ranger and paid $100 for a cab-ride to his aunt’s St. Augustine home. Hertz was arrested that day and police discovered Spears’ .9mm gun in Hertz’s bag.

An FDLE firearms expert testified that one of the bullets fired in the victims’ home was fired from a .380 Lorcin gun that was in Looney’s possession when he was arrested. The Lorcin gun had belonged to Spears and Dempsey reported that Hertz had used it to shoot the victims.

The police also found Dempsey’s wallet containing $380, Looney’s wallet containing $464, and a roll of duct tape in the victims’ Ford Mustang.

Latent fingerprints that matched all three men were taken from the victims’ Ford Mustang.

Evidence of various accelerants were found on clothing in the victim’s Ford Mustang and an expert later testified that the extensive fire damage to the victims’ home could only have been accomplished with the use of accelerants.

The bodies of Melanie King and Robin Keith Spears were both severely burned, but the medical examiner testified that both deaths were caused by gunshot wounds due to a lack of soot in the victims’ trachea, indicating that they were already dead when the fire started.

Further testimony indicated that both victims lived one to two minutes after being shot.

Arrest

Looney and Dempsey abandoned the victims’ Ford Mustang and were arrested as they were fleeing the scene after a police pursuit and shootout in Daytona Beach, Florida. Hertz was shot, abandoned the victims’ Ford Ranger, and paid $100 for a cab ride to his aunt’s St. Augustine home.

Trial

Charges and indictment

The defendant indicted with the following:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Armed Burglary of a Dwelling
• Count IV: Robbery with a Firearm
• Count V: Arson of a Dwelling
• Count VI: Use of a Firearm during the Commission of a Felony

Verdict

The defendant was found guilty on all counts on 12/09/99.

Jury recommendation

The jury recommended death by a vote of 10-2 on both counts on 12/11/99.

Sentencing

The defendant was sentenced as follows on 02/18/00:

• Count I: First-Degree Murder – Death
• Count II: First-Degree Murder – Death
• Count III: Armed Burglary of a Dwelling – Life
• Count IV: Robbery with a Firearm – Life
• Count V: Arson of a Dwelling – 30 Years
• Count VI: Use of a Firearm during the Commission of a Felony – 15 Years

Appellate history

A Direct Appeal was filed with the Florida Supreme Court on 03/03/00. Issues raised on appeal included whether the trial court erred by admitting gruesome photographs of the bodies, whether the trial court erred in finding Hertz competent to stand trial, and whether the trial was prejudiced by the extensive details of the collateral crimes in Volusia County.

The Florida Supreme Court found all of the claims either harmless or without merit and affirmed the conviction and sentence on 11/01/01.

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 03/20/02 and was denied on 06/28/02.

A 3.851 Motion was filed with the State Circuit Court on 06/30/03 and was amended on 03/09/04. On 12/30/04, the Motion was denied.

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 01/12/05, alleging ineffective assistance of counsel. On 06/22/06, the Florida Supreme Court affirmed the denial of the motion.

People

• Guerry Wayne Hertz — defendant; born 03/08/77; convicted and sentenced to death on 02/18/00.
• Melanie King — victim; died from gunshot wounds.
• Robin Keith Spears — victim; died from gunshot wounds.
• Jason Looney — codefendant; received two death sentences.
• Jimmy Dempsey — codefendant; entered into a plea agreement with the State and was sentenced to life in prison.
• Sentencing Judge (Trial) — The Honorable N. Sanders Sauls.
• Attorney (Trial) — Robert Rand – Special Assistant Public Defender.
• Attorney (Direct Appeal) — Steven L. Seliger – Private Attorney.
• Collateral Appeals — Clyde M. Taylor, Jr. – Registry.
• FDLE firearms expert — testified regarding bullets fired from a .380 Lorcin gun.
• Medical examiner — testified that both deaths were caused by gunshot wounds due to a lack of soot in the victims’ trachea.
• Two Tallahassee Wal-Mart employees — testified about Hertz, Looney, and Dempsey showing off new vehicles after making a purchase.

Other details

• The defendant’s case information included: Second Judicial Circuit, Wakulla County, Case #97-214.
• The victims’ home was set afire after the shootings.
• Latent fingerprints matching all three men were taken from the victims’ Ford Mustang.
• Police discovered Spears’ .9mm gun in Hertz’s bag.
• Evidence of accelerants was found on clothing in the victim’s Ford Mustang, and fire damage could only have been accomplished with the use of accelerants.
• Dempsey testified about Hertz and Looney pouring accelerants throughout the house, followed by all three men going back to the bedroom armed.
• A Wal-Mart receipt for clothes was found in the victims’ Ford Mustang.
• Police found Dempsey’s wallet containing $380, Looney’s wallet containing $464, and a roll of duct tape in the victims’ Ford Mustang.
• Hertz and Looney decided they could not leave witnesses and informed Dempsey of their plan.
• Codefendant information for Jason Looney included two death sentences; Jimmy Dempsey was sentenced to life in prison.