Victor Tony Jones

Case information

• Name: Victor Tony Jones
• Date of birth: 05/01/61
• Court: Eleventh Judicial Circuit, Dade County
• Case number: 90-50143
• Sentencing judge: The Honorable Rodolfo Sorondo, Jr.
• Trial attorney: Edward Art Koch – Assistant Public Defender
• Direct appeal attorney: Nancy Wear – Special Assistant Public Defender
• Collateral appeals: William Hennis & Chris Taylor – CCRC-S

Timeline

• 12/19/90 — The bodies of Matilda Nestor (66) and Jacob Nestor (67) were found in their place of business; Victor Tony Jones was found slumped over the couch in the main office with a .22 caliber automatic pistol under his arm.
• 02/01/93 — State nolle prossed Count V.
• 02/12/93 — Jury returned guilty verdicts on all counts of the indictment.
• 02/12/93 — Jury recommended death by votes of 10-2 (Matilda Nestor) and 12-0 (Jacob Nestor).
• 03/01/93 — Jones was sentenced: Count I and Count II to death; Count III and Count IV to life imprisonment.
• 03/04/92 — State nolle prossed Count V.
• 03/08/05 — Jurisdiction was relinquished to the Circuit Court for a mental retardation determination.
• 03/26/93 — Jones filed a direct appeal with the Florida Supreme Court.
• 03/24/97 — Jones filed a 3.850 Motion with the Circuit Court.
• 03/08/01 — On 3.850 Motion, it was denied.
• 04/06/01 — Jones filed a 3.850 Motion appeal with the Florida Supreme Court.
• 10/02/95 — Jones’s Petition for Writ of Certiorari with the U.S. Supreme Court was denied.
• 01/12/95 — The convictions and sentences were affirmed.
• 03/09/99 — Jones amended his first 3.850 Motion.
• 10/08/99 — Jones amended his 3.850 Motion.
• 05/08/03 — Denial of the 3.850 Motion was affirmed.
• 03/15/02 — Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 06/18/03 — Jones filed a 3.850 Motion with the Circuit Court.
• 01/16/04 — The 3.850 Motion was denied.
• 04/26/04 — Jones filed a 3.850 Motion appeal with the Florida Supreme Court that is pending.
• 11/14/05 — Evidentiary Hearing held in the Circuit Court.
• 01/10/06 — Evidentiary Hearing held in the Circuit Court.
• 02/24/06 — The Circuit Court determined Jones was not mentally retarded.
• 11/25/92 — Court granted Motion to Sever Count V.

Background

On 12/19/90, the bodies of Matilda Nestor (66) and Jacob Nestor (67) were found in their place of business. Victor Tony Jones was described as a new employee of the business. Jones was found slumped over the couch in the main office, with a .22 caliber automatic pistol under his arm.

Jones was released from prison on conditional release on 11/27/90, prior to the Nestor murders.

On 02/11/93, a competency hearing was held and Jones was found to be competent. Jones was again found to be competent after Jones amended his first 3.850 Motion on 03/09/99 and an evidentiary hearing was held.

During his 3.850 Motion Appeal, jurisdiction was relinquished to the Circuit Court for a mental retardation determination on 03/08/05. An Evidentiary Hearing was held in the Circuit Court on 11/14/05 and 01/10/06. On 02/24/06, the Circuit Court determined that Jones was not mentally retarded.

The offence

On 12/19/90, Matilda Nestor was found in the bathroom with a stab wound in the back. Jacob Nestor was found in the main office with a stab wound to the chest.

According to the evidence:

• Jones stabbed Matilda Nestor as she was entering the bathroom.
• Jones stabbed Jacob Nestor as he came toward the bathroom from the main office.

Jacob Nestor retreated to the main office after being stabbed, where he tried to call for help. He then pulled his .22 caliber pistol from his holster and shot at Jones five times, hitting him once in the forehead.

The money and personal property of the Nestor’s was found in Jones’ pockets.

Arrest and initial statements

Jones was found by police, who were summoned by a neighbor of the Nestor’s. When Jones was asked what happened, he replied: “The old man shot me.”

Jones was taken to the hospital, where he told a nurse that he had to leave because he had “killed those people.” When asked why, Jones responded, “They owed me money and I had to kill them".

Trial

Charges and pre-trial rulings

On 01/11/91, Jones was indicted as follows:

• Count I: First-Degree Murder (Matilda Nestor)
• Count II: First-Degree Murder (Jacob Nestor)
• Count III: Armed Robbery (Matilda Nestor)
• Count IV: Armed Robbery (Jacob Nestor)
• Count V: Possession of a Firearm by a Felon

On 11/25/92, the court granted Motion to Sever Count V. On 03/04/92, the State nolle prossed Count V.

Verdicts and recommendations

On 02/01/93, State nolle prossed Count V.

On 02/01/93 and/or 02/12/93, the jury returned guilty verdicts on all counts of the indictment.

On 02/12/93, the jury recommended death by votes of:

• 10-2 (Matilda Nestor)
• 12-0 (Jacob Nestor)

Sentencing

On 03/01/93, Jones was sentenced as follows:

• Count I: First-Degree Murder (Matilda Nestor) – Death
• Count II: First-Degree Murder (Jacob Nestor) – Death
• Count III: Armed Robbery (Matilda Nestor) – Life Imprisonment
• Count IV: Armed Robbery (Jacob Nestor) – Life Imprisonment

Appeals and collateral proceedings

Jones filed a Direct Appeal with the Florida Supreme Court on 03/26/93, citing the following errors:

• denying a motion for judgment of acquittal
• failing to instruct the jury that it had to consider two similar aggravating factors as one
• rejecting mental or emotional disturbance as a mitigating factor
• failing to bring up the possibility that Jones suffered from fetal alcohol syndrome
• failing to grant a motion for mistrial based on improper comments by the prosecutor

On 01/12/95, the convictions and sentences were affirmed.

Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/02/95.

Jones filed a 3.850 Motion with the Circuit Court on 03/24/97 that was amended on 03/09/99 and 10/08/99. On 03/08/01, the 3.850 Motion was denied.

Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/06/01, citing ineffective assistance of counsel. On 05/08/03, the denial of the 3.850 Motion was affirmed. On 09/11/03, a revised opinion was substituted.

Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/15/02, citing ineffective assistance of counsel and the unconstitutionality of Florida’s death penalty statute under the U.S. Supreme Court ruling in Ring v. Arizona. On 05/08/03, the Petition was denied.

Jones filed a 3.850 Motion with the Circuit Court on 06/18/03 that was denied on 01/16/04. Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/26/04 that is pending.

Outcome

Jones was sentenced to death on March 1, 1993.