David Wyatt Jones

Case information

David Wyatt Jones was tried in the Fourth Judicial Circuit, Duval County, under Case # 95-1632. His date of birth was 03/08/58. The sentencing judge was The Honorable William Wilkes. The trial attorney was Alan Chipperfield – Assistant Public Defender. The direct appeal attorney was W.C. McLain – Assistant Public Defender. The collateral appeals attorney was Harry Brody – Registry.

Timeline

• 01/31/95 — Lori McRae left the post office where she worked at 12:35 a.m. and drove away in her red and gray Chevrolet Blazer.
• 01/31/95 — A man later identified as Jones drove a red Blazer to an automobile detailing business and inquired about having the inside of the vehicle cleaned.
• 01/31/95 — Lori McRae’s husband called the police when she did not arrive at 1:45 a.m.
• 02/21/95 — After his arrest, Jones told correctional officers: “I need to confess and I need to tell where the body is.”
• 03/19/87 — Jones was sentenced to a prison term of 20 years.
• 02/13/97 — Jones was indicted: Count I First-Degree Murder; Count II Robbery; Count III Kidnapping.
• 03/21/97 — The jury returned guilty verdicts on all counts of the indictment.
• 04/10/97 — The jury recommended death by a vote of 9-3.
• 04/25/97 — Jones was sentenced: Count I First-Degree Murder – Death; Count II Robbery – 15 years; Count III Kidnapping – Life Imprisonment.
• 05/30/97 — Jones filed a Direct Appeal with the Florida Supreme Court.
• 11/12/99 — The Florida Supreme Court (FSC) affirmed the convictions and sentences.
• 04/10/00 — Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 06/12/00 — The petition for Writ of Certiorari was denied.
• 06/12/01 — Jones filed a 3.850 Motion with the Circuit Court.
• 04/28/03 — Jones amended the 3.850 Motion.
• 10/27/04 — The 3.850 Motion was denied.
• 11/18/04 — Jones filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 09/06/05 — Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.

Background

Jones had previously been sentenced to a prison term of 20 years. The murder occurred after Jones escaped from jail, where he was being held on a Burglary charge. Jones was arrested and pled guilty to the Second-Degree Murder of Jasper Highsmith.

The offence

Lori McRae left the post office where she worked at 12:35 a.m. on 01/31/95 and drove away in her red and gray Chevrolet Blazer. She called her husband to tell him that she was stopping at the Winn-Dixie on the way home. When she did not arrive at 1:45 a.m., her husband called the police.

Over a 35 hour period, 105 transactions were attempted, with 11 successful in obtaining a total of $600.

Jones was indicted as follows:

• Count I: First-Degree Murder
• Count II: Robbery
• Count III: Kidnapping

The jury returned guilty verdicts on all counts of the indictment. The jury recommended death by a vote of 9-3.

Investigation

A Walgreen’s employee, Clayton Chou, who worked at the store adjacent to the Winn-Dixie, reported seeing Lori McRae approach and engage in a conversation by a man in the store. Chou picked Jones out of a photographic lineup. David Jones was the last person seen with Lori McRae.

On 01/31/95, a man later identified as Jones drove a red Blazer to an automobile detailing business and inquired about having the inside of the vehicle cleaned. The owners of the business noticed that the man had several tattoos and had scratches on his face. Later, one of the owners, Dennis Marsh, saw a picture of a red Blazer on a news report that linked the Blazer to the disappearance of McRae. Marsh telephoned police and later picked Jones out of a photographic lineup.

ATM surveillance records showed a man later identified as Jones withdrawing money from McRae’s account.

Police staked out ATMs and arrested Jones, who was driving a red Blazer whose tag number matched McRae’s Blazer. Police found trace amounts of blood in the vehicle.

On 02/21/95, after his arrest, Jones told correctional officers that he needed to talk to police, saying “I need to confess and I need to tell where the body is.” Jones confessed to the murder to correctional officers and later to Detective Parker of the Jacksonville Police Department. Jones led police to the body, which was dumped in Baker County.

McRae’s body was severely decomposed, and the time of death was determined to be three weeks earlier. The cause of death was ligature strangulation with a cord. McRae’s body was bound around the legs, had bruising to the extremities, and defensive wounds.

Arrest

Police staked out ATMs and arrested Jones while he was driving a red Blazer whose tag number matched McRae’s Blazer. Trace amounts of blood were found in the vehicle.

Trial

On 02/13/97, Jones was indicted on three counts: Count I First-Degree Murder, Count II Robbery, and Count III Kidnapping.

On 03/21/97, the jury returned guilty verdicts on all counts of the indictment.

On 04/10/97, the jury recommended death by a vote of 9-3.

Sentencing

On 04/25/97, Jones was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Robbery — 15 years
• Count III: Kidnapping — Life Imprisonment

Appeals

Direct appeal

Jones filed a Direct Appeal with the Florida Supreme Court on 05/30/97, citing the following errors:

• failing to suppress the statements to Detective Parker and correctional officers;
• improper comments by a State witness as to Jones’ right to remain silent;
• introducing irrelevant evidence of racial prejudice;
• failing to establish sufficient evidence of premeditation;
• excluding testimony of an expert on the effects of crack cocaine addiction;
• allowing details of the Highsmith murder into the penalty phase;
• refusing to allow Jones’ prior counsel to testify regarding the contents of a competency evaluation performed during the 1986 murder proceeding;
• failing to establish sufficient evidence to support the aggravating factor of murder to avoid arrest;
• denying a motion for counsel to withdraw;
• failing to find error in the victim impact evidence;
• failing to find error in the instructions on the heinous, atrocious, or cruel and felony-murder aggravating factors;
• the constitutionality of the death penalty.

On 11/12/99, the FSC affirmed the convictions and sentences.

Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/10/00 that was denied on 06/12/00.

3.850 motions

Jones filed a 3.850 Motion with the Circuit Court on 06/12/01 and amended the motion on 04/28/03. The motion was denied on 10/27/04.

Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 11/18/04 that is pending.

Habeas corpus

Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 09/06/05 that is pending.

Other details

Jones was indicted in this case for First-Degree Murder, Robbery, and Kidnapping, and he received a death sentence for Count I, a 15-year sentence for Count II, and a life imprisonment sentence for Count III.