Billy Kearse

Case information

Billy Leon Kearse (DOB: 10/26/72) was tried in the Nineteenth Judicial Circuit, St. Lucie County, under Case# 91-136CF.

The sentencing judge was The Honorable Marc A. Cianca.

Trial attorney: Robert G. Udell – Private Attorney. Resentencing (trial) attorney: Robert G. Udell – Private Attorney. Direct appeal attorney: Jeffery Anderson – Assistant Public Defender. Direct appeal (resentencing) attorney: Jeffery Anderson – Assistant Public Defender. Collateral appeals attorney: Paul Edward Kalil – CCRC-S.

Background

The date of offence was 01/18/91.

The offence

Billy Leon Kearse was convicted of robbery with a firearm and the murder of Fort Pierce police officer, Danny Parrish, which occurred on 01/18/91.

Officer Danny Parrish observed Billy Kearse driving the wrong way on a one-way street. Parrish radioed in the vehicle license plate number and proceeded to stop Kearse.

Kearse did not have his driver’s license and gave Parrish several alias names that did not match the driver’s license history. Parrish ordered Kearse to exit the vehicle and place his hands on top of the vehicle. When Parrish attempted to handcuff Kearse, a struggle ensued. Kearse grabbed Parrish’s weapon and fired 14 shots.

Thirteen of the shots struck Parrish: nine in his body and four in his bullet-proof vest.

A nearby taxi driver heard the shots and saw a dark blue vehicle occupied by a black male and female drive away from the scene. The taxi driver then called for help on Parrish’s radio.

Parrish was transported to the hospital by emergency personnel, where he died from the gunshot injuries.

A be-on-the-lookout (BOLO) was issued for a black male driving a dark blue 1979 Monte Carlo. The police checked the license plate number Parrish had called in before the traffic stop and discovered it was registered to an address in Fort Pierce, where Kearse was arrested.

Kearse waived his Miranda rights and confessed to shooting Parrish during the struggle.

One of Kearse’s companions testified during the trial that Kearse shot Officer Parrish “because his probation was suspended and the police was [sic] looking for him already.”

Investigation and arrest

Parrish radioed in the vehicle license plate number before stopping Kearse, and a BOLO was later issued for a black male driving a dark blue 1979 Monte Carlo. The police checked the license plate number and discovered it was registered to an address in Fort Pierce, where Kearse was arrested.

Trial

Indictment and severance

05/08/91 — Indicted as follows:

• Count I: First-Degree Murder
• Count II: Robbery with Firearm
• Count III: Possession of Firearm by Convicted Felon

05/28/91 — Count I and II were severed from Count III.

Verdicts and recommendation

10/22/91 — Jury returned a verdict of guilt for Counts I and II.

10/24/91 — Jury recommended death by a vote of 11-1.

Sentencing at original sentencing

11/08/91 — Sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Robbery with Firearm — Life

Sentencing and resentencing

06/22/95 — The Florida Supreme Court reversed death sentence for new sentencing phase.

03/24/97 — At resentencing, jury recommended death by a vote of 12-0.

Appeals

Florida Supreme Court (Direct appeal)

On 12/05/91, Kearse filed a Direct Appeal to the Florida Supreme Court.

The Court found that the trial court made an error in failing to give the jury requested information concerning the aggravating circumstances: cold, calculated, and premeditated. The Court, on 06/22/95, affirmed Kearse’s conviction but remanded his sentence for resentencing.

On 04/14/97, Kearse filed his Direct Appeal after resentencing to the Florida Supreme Court.

The Court found that Kearse’s death sentence was not disproportionate to the crime; that Kearse was not entitled to interview jurors concerning an allegation of juror misconduct; and, in a capital murder trial during the sentencing phase, photographs of the victim’s body are admissible. In addition, the Court found that disqualification of the prosecutor was not warranted because he had not yet taken the elected office of county court judge.

On 06/29/00, the Court affirmed Kearse’s sentence.

Florida Supreme Court Docket #79037: Billy Leon Kearse, Appellant, vs. State of Florida, Appellee, 662 So. 2d 677; June 22, 1995. Florida Supreme Court Docket #SC90310: Billy Leon Kearse, Appellant, vs. State of Florida, Appellee, 770 So. 2d 1119; June 29, 2000.

United States Supreme Court

Kearse filed a Petition for Writ of Certiorari to the United States Supreme Court on 01/18/01, which was denied on 03/26/01.

Post-conviction proceedings in circuit court and Florida Supreme Court

Kearse filed a 3.850 Motion to the Circuit Court on 10/03/01. The motion was amended twice on 06/21/02 and 03/01/04. On 09/06/05, the Circuit Court issued an order, denying the amended 3.850 Motion.

Kearse filed a 3.850 Appeal to the Florida Supreme Court on 04/01/02, which was dismissed voluntarily on 06/13/02. Kearse’s motion to dismiss the appeal was denied as moot.

On 10/03/05, Kearse filed a 3.850 Appeal to the Florida Supreme Court, which is currently pending.

05/15/06 — Kearse filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which is also pending.

Timeline

• 01/18/91 — Offence occurred: Fort Pierce police officer Danny Parrish was killed during a struggle after a traffic stop related to a wrong-way driving observation; Kearse fired 14 shots, and thirteen struck Parrish.
• 05/08/91 — Indictment: Count I first-degree murder; Count II robbery with firearm; Count III possession of firearm by convicted felon.
• 11/08/91 — Sentenced: Count I first-degree murder—death; Count II robbery with firearm—life.
• 12/05/91 — Kearse filed a Direct Appeal to the Florida Supreme Court.
• 06/22/95 — Florida Supreme Court reversed the death sentence for new sentencing phase; affirmed conviction.
• 04/14/97 — Kearse filed direct appeal to the Florida Supreme Court after resentencing.
• 06/29/00 — Florida Supreme Court affirmed Kearse’s sentence.
• 01/18/01 — Kearse filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 03/26/01 — Petition for Writ of Certiorari denied.
• 10/03/01 — Kearse filed a 3.850 Motion to the Circuit Court.
• 06/21/02 — 3.850 Motion amended.
• 03/01/04 — 3.850 Motion amended.
• 04/01/02 — Kearse filed a 3.850 Appeal to the Florida Supreme Court.
• 06/13/02 — 3.850 Appeal dismissed voluntarily.
• 09/06/05 — Circuit Court denied the amended 3.850 Motion.
• 10/03/05 — Kearse filed another 3.850 Appeal to the Florida Supreme Court, currently pending.
• 05/15/06 — Kearse filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, currently pending.

Outcome

Kearse was convicted of Count I first-degree murder and Count II robbery with firearm.

Kearse’s death sentence was reversed for a new sentencing phase, and after resentencing the Florida Supreme Court affirmed his sentence on 06/29/00.

Other details

Kearse waved his Miranda rights and confessed to shooting Parrish during the struggle.

The taxi driver heard the shots and saw a dark blue vehicle occupied by a black male and female drive away from the scene, and the taxi driver called for help on Parrish’s radio.

The BOLO sought a black male driving a dark blue 1979 Monte Carlo.

Kearse gave Parrish several alias names that did not match the driver’s license history.