Jermaine Lebron

Case record: Jermaine Lebron

Jermaine “Bugsy” LeBron was sentenced to death for first-degree murder and to life imprisonment for armed robbery following a conviction in Osceola County. A new penalty-phase and subsequent resentencing occurred after appellate proceedings.

Timeline

• 11/24/95 — Date of Offense
• 02/25/98 — Jermaine “Bugsy” LeBron was convicted of armed robbery and first-degree murder; the jury recommended death by a vote of 6-6 (hung jury)
• 03/03/98 — Jury reconvened for retrial; the jury recommended death by a vote of 7-5
• 07/10/98 — Sentencing: Count I first-degree murder—death; Count II armed robbery—life
• 09/18/98 — LeBron filed a Direct Appeal to the Florida Supreme Court
• 08/30/01 — Florida Supreme Court affirmed convictions but remanded the case for resentencing
• 02/01/02 — LeBron filed a Petition for a Writ of Certiorari to the United States Supreme Court
• 04/29/02 — United States Supreme Court denied the Petition for a Writ of Certiorari
• 08/30/02 — LeBron filed a Direct Appeal for resentencing to the Florida Supreme Court
• 05/13/02 — A new penalty-phase was conducted with a new jury panel
• 05/19/02 — Jury recommended death by a vote of 7-5
• 08/15/02 — Resentencing: Count I first-degree murder—death
• 02/03/05 — Mandate issued
• 01/27/06 — LeBron filed a Direct Appeal (retrial) to the Florida Supreme Court, which was currently pending
• 11/01/95 — Date of the fourth offense committed (tried separately)
• 12/02/95 — First three offenses committed in Osceola County
• 12/05/95 — LeBron was apprehended in New York; arrested on 12/05/95
• 12/06/95 — Police began questioning LeBron at around 3:15 a.m.
• 10/28/96 — Indicted as follows:
  • Count I: First-Degree Murder
  • Count II: Armed Robbery
• 05/16/05 — New sentencing hearing begins, presided by Judge Perry
• 08/15/05 — Jury selection launched
• 08/18/05 — Jury recommended death by a vote of 7-5
• 10/20/05 — Spencer hearing
• 12/28/05 — Resentenced as follows:
  • Count I first-degree murder—death

Background

The case involved Jermaine “Bugsy” LeBron, who was charged and convicted in relation to the luring, shooting, and killing of Larry Neal Oliver, and the subsequent theft and disposal of evidence. LeBron’s death sentence and resentencings occurred after review by the Florida Supreme Court and related appellate proceedings.

At the beginning of LeBron’s retrial, his attorney Robert Norgard was involved in another capital case, so LeBron’s pretrial and guilt phase proceedings were conducted with only Harvey Slovis appearing on LeBron’s behalf. Slovis was permitted to appear on behalf on LeBron pro hac vice in addition to undersigned counsel Norgard.

The offence

Larry Neal Oliver was lured to a house in Osceola County called the “Gardenia house,” where LeBron and several others lived. LeBron offered to sell Oliver “spinners” (accessories added onto the wheels of a truck) for Oliver’s truck.

Shortly after Oliver arrived, LeBron called him toward the bedrooms located in the back of the house. As Oliver entered the hallway leading to the bedrooms, LeBron forced him to lie on the ground face-down and shot him at close range at the back of the head with a sawed-off shotgun, which LeBron called “Betsy.”

After the victim was shot, LeBron was smiling and laughing, yelling, “I did it, I did it!”, describing how it felt to kill the victim and what the victim looked like afterward. Money, checks, and a credit card were taken from the victim, and stereo equipment was stripped from Oliver’s truck.

LeBron directed the others who were present to:

• burn the victim’s identification papers,
• dispose of Oliver’s body, and
• clean the area where Oliver had been shot.

Over the next several days, LeBron and the others used Oliver’s credit card, pawned his stereo equipment, and cashed his checks. An attempt was made to burn the truck.

A further account stated that LeBron admitted to his former girlfriend that he had shot and killed someone. Shortly afterwards, LeBron admitted to his then girlfriend, Christina Charbonier, that he had killed a man for his truck.

LeBron left for New York City to go to “Legz Diamond,” a topless bar owned by his mother. Oliver’s body was discovered in a rural area near Disney World. The body was visible on the road to Disney World, although it was covered with a blanket and some tree shrubs.

The trauma findings were attributed to the medical examiner, Dr. Julia Martin. Martin concluded that Oliver’s cause of death was from the gunshot wound to the head. Martin described:

• “The entrance of the gunshot wound was to the lower back of the head, on the right side and slightly to the right of the midline.”
• “There was a laceration of the scalp consistent with a shot at close range.”
• “There were no bruises on the hands consistent with defensive wounds.”
• The trauma to the head, which incorporated the left portion of the lip, was consistent with the gunshot wound or other type of trauma, with “no evidence of any abrasion around it.”

The others having knowledge of the event reported the murder to the police. Witnesses claimed they followed LeBron’s directions throughout the event because he had threatened them, which made them believe that LeBron might kill them the way he killed Oliver.

Of those who came forward to report the incident, twin brothers Joe and Mark Tocci did not tell the complete truth concerning the extent to which members of the group had been involved in the murder. After investigators questioned each individual separately, all of the witnesses except the Tocci brothers gave consistent statements and details that police were able to verify with evidence.

A crime-scene investigation was conducted by the Osceola County Sheriff’s Department at the Gardenia house. Investigators detected “a very strong stench of dried blood” upon entering the residence. Investigators discovered several drops of what appeared to be dried blood in a big area where the southeast bedroom was located. Investigators also discovered what appeared to be blood with an unknown substance on top of it. The search also uncovered shotguns and pellets found in the other bedrooms.

Investigation

After eyewitness reports were made, LeBron, accompanied by Stacie Kirk and Howard Kendall (who was involved in burning Oliver’s truck), were apprehended in a car parked on a street outside of Legz Diamond in New York and arrested on 12/05/95. A search of their vehicle uncovered Oliver’s belongings, including an identification card attached to a planner with the name, “Larry N. Oliver.”

Police began questioning LeBron at around 3:15 a.m. on 12/06/95. The questioning was recorded on a cassette and later played before a jury as evidence.

During questioning, LeBron claimed he was at a former girlfriend’s house the night of the murder and repeatedly denied ever knowing Oliver. LeBron stated that it might have been possible he met Oliver that night, but he did not remember the meeting. When asked if he noticed any blood spots or strange odors at the Gardenia house, LeBron claimed the house always had a foul smell.

Arrest

LeBron was apprehended in New York at a car parked on a street outside of Legz Diamond and was arrested on 12/05/95.

Trial

Indictment and verdicts

On 10/28/96, LeBron was indicted as follows:

• Count I: First-Degree Murder
• Count II: Armed Robbery

On 02/25/98, a jury returned guilty verdicts on all counts of the indictment. On 02/25/98, the jury recommended death by a vote of 6-6 (hung jury). On 03/03/98, the jury reconvened for retrial, and on 03/03/98 the jury recommended death by a vote of 7-5.

Trial evidence and witness account

During trial, eyewitnesses testified that LeBron directed the events before and after the murder of Oliver. LeBron’s now former girlfriend, Charbonier, testified she had been receiving numerous letters written by LeBron declaring he loved her and addressing her as his fiancée. In the letters, LeBron allegedly referred to her testifying as an alibi witness for him, although she had testified as the State’s witness.

Sentencing

At sentencing on 07/10/98, the court imposed:

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

A first penalty phase ended in a recommendation of death after retrial.

Resentencing I

On 05/13/02, a new penalty-phase was conducted with a new jury panel. On 05/19/02, the jury recommended death by a vote of 7-5. On 08/15/02, LeBron was resentenced as follows:

Resentencing II

On 05/16/05, a new sentencing hearing began presided by Judge Perry. On 08/15/05, jury selection launched. On 08/18/05, the jury recommended death by a vote of 7-5. On 10/20/05, a Spencer hearing occurred. On 12/28/05, LeBron was resentenced as follows:

Appeals

LeBron filed a Direct Appeal to the Florida Supreme Court on 09/18/98. On Direct Appeal, LeBron raised seven issues:

1. He claimed double jeopardy barred his retrial.
2. He claimed the trial court erred in denying his motion to continue the retrial due to the absence of attorney Norgard.
3. He argued the trial court erred in denying his motion to recuse based upon an alleged ex parte communication between the judge and the prosecutor regarding a scheduling matter.
4. He claimed the trial court erred in finding the “committed while on probation” aggravator.
5. He argued the trial court erred in rejecting his proposed “minor participant” mitigator.
6. He claimed the trial court erred in rejecting other statutory and nonstatutory mitigating factors while he had proposed.
7. He argued his death sentence was not proportional.

On 08/30/01, the Court affirmed his convictions but remanded the case for resentencing. Because LeBron was 21-years-old at the time of the murder, the Court decided that the death sentence was disproportionate to a combination of LeBron’s youth, immaturity, emotional instability, physical and psychological abuse.

On 02/01/02, LeBron filed a Petition for a Writ of Certiorari to the United States Supreme Court, which was denied on 04/29/02.

LeBron filed a Direct Appeal for resentencing to the Florida Supreme Court on 08/30/02.

On 01/13/05, the Court vacated the death sentence and remanded the case to the Circuit Court for a new penalty phase for two reasons:

1. The Court determined that the trial court erred in concluding, contrary to the jury’s express findings, that the evidence established beyond a reasonable doubt that LeBron murdered Oliver.
2. The Court determined the imposed sentence could not be premised upon a finding that LeBron was himself the shooter, since this would be contrary to the jury’s special verdicts.

A mandate was issued on 02/03/05.

On 01/27/06, LeBron filed a Direct Appeal (retrial) to the Florida Supreme Court, which was currently pending.

Codefendants

• Howard Kendall (DC# X03585): Kendall was convicted of armed robbery and kidnapping (CC# 95-2379), and arson (CC# 95-2437). He was sentenced to 11 years for each offense. These offenses were unrelated to the case.
• Stacie Kirk (DC# X04005): Kirk was charged with first-degree murder in an unrelated case and armed robbery (CC# 95-2554). She entered into a plea agreement with the State for a sentence of 42 months prison and two years probation in exchange for her testimony against LeBron.
• Joe Tocci: Joe Tocci was not arrested for anything related directly to the murder, aside from hiding evidence related to the murder. He received a sentence of two years house arrest followed by eight years probation.
• Mark Tocci (DC# 165597): Mark Tocci was convicted of first-degree murder as an accessory and was sentenced to three years. Tocci was tried separately for his offense (CC# 95-2350).

Other offences charged in the indictment

A second count of armed robbery, attempted first-degree murder, kidnapping, and aggravated assault (with no intention to kill) was also charged in the indictment. The first three offenses were committed on 12/02/95 in Osceola County, and the fourth offense was committed on 11/01/95. The fourth offense was tried separately.

LeBron was sentenced to death for the first three offenses (CC# 95-2368) and 3 years, 9 months for the fourth offense (CC# 95-2553).

The first trial resulted in a mistrial due to the trial court’s finding of a jury deadlock.

Other details

• Supreme Court of Florida opinion: SC93955.
• Supreme Court of Florida opinions: SC02-1956 and SC06-138.
• Case identifiers included: AKA: Bugsy; DC# 472846; DOB: 07/16/74.
• Ninth Judicial Circuit: Osceola County.
• Case number: 96-2147.
• Sentencing judge: The Honorable Belvin Perry, Jr.
• Resentencing judge (I and II): The Honorable Belvin Perry, Jr.
• Retrial judge: The Honorable Belvin Perry, Jr.
• Attorneys listed for trial and appeals included Robert A. Norgard (Registry and Direct Appeal / Direct Appeal-Retrial) and Harvey Slovis (Pro Hac Vice).
• During the retrial, Slovis conducted the majority of venire questioning in the first trial and was present during voir dire inquiry regarding the death penalty; Norgard assumed the lead with regard to interrogating prospective jurors concerning death penalty issues.