Jason Looney

Case identification

Jason Looney was sentenced to death on February 18, 2000. His case was heard in the Second Judicial Circuit, Wakulla County (Case# 97-215-CF). The Florida Supreme Court references included SC00-458 and SC05-159. His date of birth was 04/05/77.

Timeline

• 07/27/97 — The bodies of Melanie King and Robin Keith Spears were found in their burning home.
• 07/26/97 — Jason Looney, Guerry Hertz, and Jimmy Dempsey left an acquaintance’s house on foot at approximately 11 p.m. and proceeded toward the victims’ home.
• 11/01/01 — The Florida Supreme Court affirmed the conviction and sentence.
• 03/03/00 — A direct appeal was filed to the Florida Supreme Court.
• 12/09/99 — The defendant was found guilty on all counts of the indictment.
• 12/11/99 — The jury recommended death by a vote of 10-2.
• 02/18/00 — The defendant was sentenced as follows: Count I death; Count II death; Count III life; Count IV 30 years; Count V 15 years.
• 03/20/02 — A Petition for Writ of Certiorari was filed to the United States Supreme Court.
• 06/28/02 — The Petition for Writ of Certiorari to the United States Supreme Court was denied.
• 06/30/03 — A 3.850 Motion to the Circuit Court was filed.
• 03/09/04 — The 3.850 motion was amended.
• 12/30/04 — The 3.850 Motion was denied by the Circuit Court.
• 01/27/05 — A 3.850 Appeal was filed to the Florida Supreme Court.
• 06/22/06 — The Florida Supreme Court affirmed the Circuit Court’s denial of Looney’s 3.850 Motion.

Background

On 07/26/97, Jason Looney, Guerry Hertz, and Jimmy Dempsey left an acquaintance’s house on foot, which was within walking distance of the victims’ home, at approximately 11 p.m.

A woman who lived approximately 500 yards from the victims’ home said that at approximately 2 a.m. Hertz came to her home requesting to use her telephone because “his truck had broken down.” She refused and the three men proceeded to walk up the road towards the home of Melanie King and Robin Keith Spears.

The offence

Forcible entry, binding, robbery, and shooting

When Looney saw their black Ford Mustang, he exclaimed, “There’s my car right there. That’s the one I want.” Acting as a decoy, Dempsey and Hertz knocked on the victims’ front door and asked if they could use a telephone. King gave them a cordless telephone and Dempsey pretended to make a call.

When Dempsey started to hand the phone back to King, Hertz forced his way into the home at gunpoint. Looney entered after him and targeted Spears with his rifle. King and Spears were forced face down on their bed after being bound and gagged with duct tape.

The three defendants stole various items including a television, a VCR, furniture, jewelry, CDs, and $1500 cash. They loaded the stolen goods into the victims’ two vehicles.

Plan to prevent witnesses; accelerants and execution-style shooting

Hertz and Looney decided that they could not leave witnesses and then informed Dempsey of their plan. Dempsey testified that Hertz and Looney poured accelerants throughout the house, after which all three men went back to the bedroom armed.

King told the defendants that she would “rather die being burnt up than shot.” She then stated, “Please, God, don’t shoot me in the head.” Hertz replied, “Sorry, can’t do that,” before he started firing his firearm. Looney started firing and was followed by Dempsey.

Both King and Spears died as a result of the gunshot wounds. After the shootings, the house was set afire.

Driving, police pursuit, abandonment, and arrest

Looney drove away in the victims’ Ford Mustang with Dempsey as a passenger, while Hertz drove the victims’ white Ford Ranger.

Dempsey reported that the entire episode spanned two hours. They drove to Hertz’ house so that they could divide the money and unload the stolen cargo.

Testimony was given by two Tallahassee Wal-Mart employees stating that the three men showed off their new vehicles, a black Ford Mustang and a white Ford Ranger, after making a purchase at approximately 5 a.m. The employees’ testimony was corroborated by a Wal-Mart receipt for clothes that was found in the victims’ Ford Mustang.

Looney, Hertz, and Dempsey then drove to Daytona Beach, Florida, where they were involved in a police shootout after a police pursuit. Looney and Dempsey abandoned the victims’ Ford Mustang and were arrested as they were fleeing the scene.

Hertz was shot, abandoned the victims’ Ford Ranger and paid $100 for a cab-ride to his aunt’s St. Augustine home. Hertz was arrested that day and police discovered Spears’ .9mm gun in Hertz’s bag.

Investigation

An FDLE firearms expert testified that one of the bullets fired in the victims’ home was fired from a .380 Lorcin gun that was in Looney’s possession when he was arrested. The Lorcin gun had belonged to Spears and Dempsey reported that Hertz had used it to shoot the victims.

Police found Dempsey’s wallet containing $380, Looney’s wallet containing $464, and a roll of duct tape in the victims’ Ford Mustang.

Latent fingerprints that matched all three men were taken from the victims’ Ford Mustang.

Evidence of various accelerants were found on clothing in the victim’s Ford Mustang. An expert later testified that the extensive fire damage to the victims’ home could only have been accomplished with the use of accelerants.

The bodies of Melanie King and Robin Keith Spears were both severely burned, but the medical examiner testified that both deaths were caused by gunshot wounds due to a lack of soot in the victims’ trachea, indicating that they were already dead when the fire started.

Further testimony indicated that both victims lived one to two minutes after being shot.

Arrest

Hertz was arrested that day after paying $100 for a cab-ride to his aunt’s St. Augustine home.

Trial

Indictment

The defendant was indicted as follows on 08/26/97:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Armed Burglary of a Dwelling
• Count IV: Robbery with a Firearm
• Count V: Arson of a Dwelling
• Count VI: Threatens to Use Any Firearm

Verdict and jury recommendation

On 12/09/99, the defendant was found guilty on all counts of the indictment. On 12/11/99, the jury recommended death by a vote of 10-2.

Sentencing

On 02/18/00, the defendant was sentenced as follows:

• Count I: First-Degree Murder – Death
• Count II: First-Degree Murder – Death
• Count III: Armed Burglary of a Dwelling – Life
• Count IV: Robbery with a Firearm – Life
• Count V: Arson of a Dwelling – 30 Years
• Count VI: Threatens to Use Any Firearm – 15 Years

People involved

Victims

Melanie King and Robin Keith Spears were the victims.

Codefendants

Guerry Wayne Hertz (DC# 567668) received identical convictions and sentences as Looney, including two death sentences (CC# 97-214).

Jimmy Dewayne Dempsey (DC# 971421) received the same convictions as Looney and Hertz. Because he entered into a plea agreement with the State, Dempsey was sentenced to life for the murders instead of death (CC# 97-213).

Appeals

Direct appeal to the Florida Supreme Court

A Direct Appeal was filed to the Florida Supreme Court on 03/03/00. Issues raised on appeal included whether the details of the collateral crimes in Volusia County became a feature of the trial causing prejudice that substantially outweighed the probative value of the evidence, and whether the trial court erred by refusing to grant a mistrial after the State’s witness testified about a hearsay statement by a non-testifying codefendant that incriminated Looney.

The Court found all of the claims either harmless or without merit and affirmed the conviction and sentence on 11/01/01.

Petition for Writ of Certiorari to the United States Supreme Court

Looney filed a Petition for Writ of Certiorari to the United States Supreme Court on 03/20/02. The petition was denied on 06/28/02.

3.850 motion and appeal

Looney filed a 3.850 Motion to the Circuit Court on 06/30/03. It was amended on 03/09/04. The motion was denied on 12/30/04.

On 01/27/05, Looney filed a 3.850 Appeal to the Florida Supreme Court. During the appeal, Looney raised the issue of ineffective counsel. He claimed that the defense counsel (Attorney Cummings) failed to:

1. present statutory and non-statutory mitigation,
2. use a mental health expert, and
3. present mitigation convincingly.

The Court concluded that Looney failed to meet his burden under Strickland. All of the additional mitigators that Looney asserted were not presented during the penalty phase were either presented or not presented because defense counsel had no indication that the mitigating factor might apply to Looney’s case.

The Court determined effective counsel was provided and that none of the testimony presented by Looney during the evidentiary hearing undermined the Court’s confidence in the proceedings. The Court affirmed the Circuit Court’s denial of Looney’s 3.850 Motion on 06/22/06.

Other details

Trial dates and judge and counsel

The trial occurred with the Honorable N. Sanders Sauls as the sentencing judge and trial judge. Greg Cummings served as Attorney for the defendant as Special Assistant Public Defender. Barbara Sanders served as Direct Appeal counsel as a Private Attorney. Frank E. Sheffield served as Collateral Appeals Registry counsel.

Receipts and evidence items

A Wal-Mart receipt for clothes was found in the victims’ Ford Mustang. The police discovered Spears’ .9mm gun in Hertz’s bag. The police found Dempsey’s wallet containing $380, Looney’s wallet containing $464, and a roll of duct tape in the victims’ Ford Mustang. Latent fingerprints matching all three men were taken from the victims’ Ford Mustang. Evidence of various accelerants was found on clothing in the victim’s Ford Mustang. The FDLE firearms expert testimony connected bullets fired in the victims’ home to a .380 Lorcin gun in Looney’s possession at arrest.