Harry Jones

Case record: Harry Jones

Background

Harry Jones was the defendant in a Florida capital case in Leon County. The case proceeded in the Second Judicial Circuit, Case # 91-1932.

The offence

Between 6:30 and 7:30 p.m. on July 18, 1991, George Young, the victim, went to a Tallahassee liquor store.

Harry Jones entered the store with Timothy Hollis while Young was talking to Archie Hamilton, his friend who worked at the liquor store. While in the store, Jones escorted an intoxicated and ill Hollis to the rest room. According to Hamilton, Jones saw Young pay cash for a half pint of gin when he returned from the rest room. Young assisted Jones in taking Hollis outside, and agreed to give Jones and Hollis a ride home.

According to the testimony of several witnesses, the three men left the liquor store in Young’s red truck shortly before 7:00 p.m.

Hollis’s mother said that Jones and a white-haired man, later identified as Young, dropped her son off before leaving together. A local convenience store clerk said that he saw Jones and Young together when they purchased a six-pack of beer between 7:30 and 8:00 p.m.

Young’s truck was involved in an accident at approximately 8:05 p.m. Jones, the only occupant of the vehicle, was taken to the emergency room for treatment.

Investigation

A detective was sent to question Jones when authorities realized that the owner of the truck was missing.

Jones claimed that he paid $20 to borrow the truck from a black man in “Frenchtown.”

The following day, authorities found out that Jones and Young had been seen together prior to the accident. Two officers returned to Jones’ hospital room and took a bag of clothes that was removed from Jones by hospital personnel following the accident. Law enforcement officials also took lottery tickets and cash removed from Jones’ pockets that were in the possession of hospital security.

Young’s body was found in Boat Pond on Horseshoe Plantation in Northern Leon County on June 6th.

The witnesses who found Young’s body said that they had seen Jones fishing in nearby ponds on previous occasions.

Expert testimony said that soil and pollen samples found on Jones’ clothes were similar to those found at Boat Pond. Additionally, the lottery tickets that were in Jones’ possession were purchased at the same time and location as the tickets found in Young’s truck.

The medical examiner reported that fresh water drowning was the cause of Young’s death. The medical examiner could not determine whether Young was conscious when he died, but he did report that Young was alive at the time he was immersed in water due to the plant material that was lodged in his throat and lungs. Young also suffered a fractured arm and several broken ribs, which were consistent with defensive injuries prior to death.

Trial

An inmate housed in the medical cell with Jones, Kevin Prim, said that Jones described how he met a “guy” and tried to rob him before he held him underwater until he stopped moving.

Another cellmate corroborated Prim’s testimony by stating that he overheard Jones tell Prim that he had killed a man.

Jones testified that he and Hollis drank most of the night of May 31 and continued drinking the following morning. Jones also testified that his blood alcohol level was .269 when he was taken to the hospital after the accident.

Charges and verdict

Trial indictments included the following:

• Count I: First-Degree Murder
• Count II: Robbery
• Count III: Grand Theft of a Motor Vehicle

On 11/13/92, the defendant was found guilty on all counts. On 11/13/92, the jury recommended death by a vote of 10 to 2.

The case information indicates that this first trial resulted in a hung jury and a mistrial; the information provided outlines the second trial.

Sentencing

On 11/20/92, the defendant was sentenced as follows:

• Count I: First-Degree Murder – Death
• Count II: Robbery – 30 years
• Count III: Grand Theft of a Motor Vehicle – 10 years

Appeals

A Direct Appeal was filed on 11/30/92. Issues raised included whether the trial court erred in failing to suppress evidence obtained in violation of Jones’ Fourth Amendment rights, and whether the trial court erred in allowing gruesome photographs of the victim.

The Florida Supreme Court found all of the issues either harmless or without merit and affirmed the convictions and sentence of Death on 11/10/94.

A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 04/21/95 and denied on 06/19/95.

A 3.850 Motion was filed with the State Circuit Court on 03/21/97 and was denied on 09/23/05.

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 03/09/06 that is pending.

Outcome

Harry Jones was sentenced to death on November 20, 1992.

Other details

Dates and locations

• Leon County
• Second Judicial Circuit
• Case # 91-1932
• Date of Offense: 06/01/91
• Date of Sentence: 11/20/92
• Young’s body was found on June 6th in Boat Pond on Horseshoe Plantation in Northern Leon County.

Parties and roles

• Sentencing Judge: The Honorable William Gary
• Trial Attorney (defence): Gregory Cummings – Private Attorney
• Direct Appeal Attorney: James C. Banks – Assistant Public Defender Attorney
• Collateral Appeals: Jeff Hazen – Registry

Prior incarceration in the State of Florida

• 08/14/1976 Grand Theft — 10/27/1977: 8 years
• 09/22/1981 Robbery with Firearm or Deadly Weapon — 09/20/1982: 3 years
• 10/27/1981 Robbery with Firearm or Deadly Weapon — 09/20/1982: 3 years
• 12/24/1983 Robbery with Firearm or Deadly Weapon — 04/13/1984: 5 years