Johnny Kormondy

Case details

Name: Johnny Shane Kormondy DOB: 05/20/72 DC#: 200754 Case number: 93-3302 Court / docket: Florida Supreme Court Docket #84709 Judicial circuit / county: First Judicial Circuit, Escambia County Sentencing judge: The Honorable Joseph Q. Tarbuck

Background

Kormondy was convicted of the murder of Gary McAdams, which occurred on 07/11/93. In the early morning hours of 07/11/93, the victims, Gary McAdams and his wife Cecilia McAdams, had returned from a high school reunion.

The offence

They heard a knock at their door. When Mr. McAdams opened the door, Curtis Buffkin was on the other side holding a gun. Buffkin forced his way into the house and ordered the McAdams to get down on the kitchen floor and keep their heads down.

James Hazen and Johnny Kormondy then entered the house. Both Kormondy and Hazen had socks on their hands. After the three men took personal valuables from the McAdams, the phones were disconnected from the wall and the blinds were closed.

At this point, one of the men took Mrs. McAdams to a bedroom in the back and forced her at gunpoint to remove her dress and to perform oral sex on him. One of the other men, described as having sandy-colored hair that hung down to his collar bone, entered the room and proceeded to rape Mrs. McAdams while the first man forced her to perform oral sex on him again.

After she was taken to the kitchen, naked, and placed with her husband, one of the men took her back to the bedroom and raped her again. While he was raping her, a gunshot was fired in the front of the house. Mrs. McAdams heard one of the men yell for “Bubba” or “Buff”, and the man raping her stopped and ran to the front of the house.

Mrs. McAdams left the bedroom and was walking towards the front of the house when she heard a gunshot from the bedroom. When she entered the kitchen, she saw Mr. McAdams on the floor with blood coming from the back of his head.

Investigation

After the murder, Kormondy’s wife asked him to leave the family home. Kormondy left and moved in with Willie Long. Kormondy confessed to Long about the murder and admitted that he had shot Mr. McAdams but, explained it had gone off accidentally. Long went to the police because of the $50,000 reward for information.

During the trial, the medical examiner testified that Mr. McAdams’ death was caused by a contact gunshot wound, meaning the barrel of the gun was pressed to Mr. McAdams’ head.

During Kormondy’s trial, the trial records were inconsistent as to the location of Hazen and Buffkin at the time of Mr. McAdams shooting.

Mrs. McAdams testified that Buffkin was with her in the bedroom when the shot was fired. In testimony given by Officer Hall, Kormondy told him in an unrecorded statement that Buffkin fired the fatal shot and that Hazen was in the bedroom with Mrs. McAdams. In a confession recorded for the jury, Kormondy stated again that it was Buffkin who fired the fatal shot.

During Hazen’s trial, Buffkin testified that Kormondy fired the fatal shot, and that Hazen was in the bedroom with Mrs. McAdams. Hazen testified that he was not present at the scene when the crimes occurred.

Arrest

No arrest details were provided in the case record.

Trial

Trial summary

• 07/27/93 — Indicted as follows:

  • Count I: Capital Murder
  • Count II: Sexual Battery
  • Count III: Sexual Battery
  • Count IV: Sexual Battery
  • Count V: Assault or Battery during Burglary
  • Count VI: Robbery with a Firearm or Weapon

• 07/07/94 — Jury returned guilty verdicts on all counts of the indictment.

• 07/09/94 — Jury recommended death by a vote of 8-4.

Participants and legal representation

Attorneys (trial): T. Stitt & R. Davis – Assistant Public Defenders Attorney (resentencing): Glenn Arnold – Private Attorney Direct appeal: Chet Kaufman – Assistant Public Defender Attorney Direct appeals (resentencing): Chet Kaufman – Assistant Public Defender Attorney Collateral appeals: Michael Reiter – Registry

Sentencing

Original sentencing

10/07/94 — Sentenced as follows:

• Count I: Capital Murder — Death
• Count II: Sexual Battery — Life
• Count III: Sexual Battery — Life
• Count IV: Sexual Battery — Life
• Count V: Assault or Battery during Burglary — Life
• Count VI: Robbery with a Firearm or Weapon — Life

Remand and resentencing

10/09/97 — Florida Supreme Court remanded death sentence for new sentencing phase.

07/07/99 — At resentencing jury recommended death by a vote of 8-4.

Appeals

On 11/15/94, Kormondy filed his Direct Appeal to the Florida Supreme Court. The Court found that the admission of cross-examination testimony from a co-perpetrator during the penalty phase was reversible error.

On 10/09/97, the Court affirmed his conviction but remanded his sentence for resentencing.

On 08/05/99, Kormondy filed his Direct Appeal for resentencing to the Florida Supreme Court. The Court found that Kormondy’s death sentence was not disproportionate to the crime. The Court also found that the trial court did not ignore mitigating factors when imposing the death sentence, the limitation of cross-examination of Mrs. McAdams was not abuse of discretion, and that the admission of victim impact testimony was not fundamental error.

On 02/13/03, the Court affirmed Kormondy’s sentence.

Kormondy filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/28/03, which was denied on 10/14/03.

On 08/30/04, Kormondy filed a 3.851 Motion to the Circuit Court, which was denied on 06/20/05.

On 07/06/05, Kormondy filed a 3.851 Appeal to the Florida Supreme Court, which is currently pending.

On 02/06/06, Kormondy filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which is also pending.

Outcome

Kormondy remained sentenced to death as reflected by the death sentence imposed on October 7, 1994, and the resentencing jury recommendation on 07/07/99.

Other details

Codefendants and related case outcomes

Curtis Buffkin (DC# 103884): Buffkin was sentenced to life for his participation in the offense that occurred on 07/11/93 (CC# 93-3302).

James Hazen (DC# 391126): Hazen was sentenced to life for his participation in the offense that occurred on 07/11/93 (CC# 93-3302).

Kormondy, Hazen, and Buffkin were indicted on 07/27/93 and tried separately. Buffkin was offered a plea bargain by the State in return for assistance in the prosecution of Hazen and Kormondy.

Prior incarceration history (State of Florida)

• 11/25/89 — BURGUNOCCSTRUC/CV OR ATT.

  • 05/21/91 — ESCAMBIA 8906828
  • Sentence term shown: 3Y 0M 0D

• 01/17/90 — GRAND THEFT MOTOR VEHICLE

  • 05/21/91 — ESCAMBIA 9000603
  • Sentence term shown: 3Y 0M 0D

• 01/17/90 — BURG/DWELL/OCCUP.CONVEY

  • 05/21/91 — ESCAMBIA 9000603
  • Sentence term shown: 3Y 0M 0D

• 01/06/90 — GRAND THEFT MOTOR VEHICLE

  • 05/21/91 — ESCAMBIA 9000604
  • Sentence term shown: 3Y 0M 0D

• 02/03/90 — GRAND THEFT MOTOR VEHICLE

  • 05/21/91 — ESCAMBIA 9001325
  • Sentence term shown: 3Y 0M 0D

• 02/03/90 — CRIMINAL MISCHIEF/PROP.DAMAGE

  • 05/21/91 — ESCAMBIA 9001325

  • Sentence term shown: 3Y 0M 0D

  • 05/21/91 — ESCAMBIA 9001325

  • Sentence term shown: 3Y 0M 0D

• 02/03/90 — BURGUNOCCSTRUC/CV OR ATT.

  • 05/21/91 — ESCAMBIA 9001325
  • Sentence term shown: 3Y 0M 0D

• 01/28/91 — BURGUNOCCSTRUC/CV OR ATT.

  • 05/21/91 — ESCAMBIA 9100635
  • Sentence term shown: 3Y 0M 0D

• 01/28/91 — GRAND THEFT,$300 LESS &20,000

  • 05/21/91 — ESCAMBIA 9100635
  • Sentence term shown: 3Y 0M 0D