Harold Gene Lucas

Case information

Harold Gene Lucas was sentenced to death in Florida.

Background

Harold Lucas knew the victim, 16-year-old Jill Piper, for four years and they also used to date. One witness testified that Lucas stated they were going to get married. A week prior to the murder, Lucas was arrested for criminal trespassing at the Piper residence. After the arrest, Lucas, who worked at the Piper family business, stopped going to work.

The offence

On 08/13/76, Lucas was in a park with his friend, Harold Saunders, at 2:00 or 3:00 p.m. Lucas asked Saunders to go and ask Ms. Piper if she called the Sheriff’s Department. When Saunders questioned Ms. Piper, she indicated that she did not called the police. During this time, witnesses testified that Lucas threatened Jill Piper. Other witnesses stated they did not hear Lucas threaten Ms. Piper.

Sometime around 3:00 p.m., Lucas left the park with friends. They drove around and were characterized as “pretty buzzed.” Throughout the day, Lucas drank a total of two six-packs of 24-ounce beers, smoked 10 to 20 marijuana cigarettes, and consumed five dollars worth of THC. They returned to the park around 6:00 p.m. They left the park again around 10:00 p.m. and drove to a gas station.

Ms. Piper and Eddie Kent, a man who Lucas had been in fights with before, were at the gas station. Mr. Kent insulted Lucas by saying “Hello, Turkey” and Lucas responded by starting a fight. Ms. Piper ran across the street to a pay phone and called the Sheriff’s Department. The argument ended, and Lucas got in the car to leave. As the car was pulling away, Mr. Kent threw a beer bottle at the car, shattering the bottle. The glass from the bottle entered the car and cut Lucas’ ear.

Ms. Piper threw rocks and yelled profanities at the car. Mr. Kent and Terri Rice testified that Lucas threatened to kill both of them. Ms. Rice and Ms. Piper left the gas station and met Ricky Bird at the park around 11:00 p.m. They asked if he would spend the night at Ms. Piper’s house for additional protection and he agreed. The three proceeded to Ms. Piper’s house. They parked the car across the street.

Once in the house, Ms. Piper took a 20-gauge shotgun and a .38 revolver, both loaded, out of a gun cabinet in the house. She took the shotgun and gave the handgun to Mr. Bird.

As the three talked, Ms. Piper decided that they should move the car into her driveway. The three walked across the street and drove the car back. Mr. Bird entered the house to make sure that no one had gone inside while they were moving the car. While the two women stayed outside of the house, Ms. Rice saw someone at the side of the house with a gun. She assumed that it was Mr. Bird, but upon closer inspection she realized that it was Lucas. She testified that he raised a rifle and shot Ms. Piper, who was standing in front of Ms. Rice.

Ms. Rice ran into the house and told Mr. Bird what had just occurred and the two ran into a back bedroom. Ms. Rice testified that she never saw Ms. Piper inside the house after she was shot. Mr. Bird testified that he had heard three shots outside, and then saw Ms. Rice enter the house. After Ms. Rice entered, Ms. Piper stumbled into the house. She had two wounds in her back and stated, “That son of a bitch shot me.”

He stated that he and Ms. Rice then ran into a back bedroom and locked the door. Both testified that they heard Ms. Piper screaming and begging and then heard three more shots. Lucas then shot the bedroom door open and shot Mr. Bird in the stomach and then physically attacked Ms. Rice in the bathroom. As Lucas was leaving, he fired a shot through the bathroom door that hit Ms. Rice in the hip.

Ms. Piper’s body was found outside of the house.

Lucas testified that he remembers getting high on the night of 08/13/76, and that he lost consciousness and woke up in the woods. He stated that he did not have gun with him when he woke up. When he began walking home, a friend picked him up and told him that there was a newspaper article about the incident and that Lucas was named as the primary suspect. Lucas went back to the woods and, when law enforcement attempted to arrest him, he ran, but was eventually arrested.

People

• Harold Gene Lucas (defendant)
• Jill Piper (victim), 16-year-old
• Harold Saunders (friend)
• Eddie Kent (man who Lucas had been in fights with before; witness)
• Terri Rice (witness)
• Ricky Bird (witness)
• Gene S. Taylor (Assistant Public Defender; trial attorney)
• Dennis Erdley (Assistant Public Defender; Resentencing I attorney)
• Kinley Engralson (Assistant Public Defender; Resentencing II attorney)
• Robert Jacobs (Assistant Public Defender; Resentencing III and Resentencing IV attorney)
• David S. Bergdoll (Assistant Public Defender; Direct Appeal I attorney)
• W.C. McLain (Assistant Public Defender; Direct Appeal I and Direct Appeal III attorney)
• Douglas A. Lockwood (Assistant Public Defender; Direct Appeal II attorney)
• Douglas M. Midgley (Assistant Public Defenders Attorney; Direct Appeal II attorney)
• Robert F. Moeller (Assistant Public Defender; Direct Appeal IV attorney)
• David Hendry (CCRC-Middle; Collateral Appeals attorney)
• Mark Gruber (CCRC-Middle; Collateral Appeals attorney)
• Thomas Sands (Sentencing Judge; trial)
• Thomas S. Reese (Sentencing Judge; Resentencing II, Resentencing III, Resentencing IV, and resentencing on Count I)
• Thomas S. Reese (Sentencing Judge; Resentencing II, Resentencing III, Resentencing IV)
• Judge Shands (referenced as having passed away prior to the second resentencing)
• Judge Shands (not further identified in the record beyond the statement that he passed away prior to the second resentencing)

Timeline

• 08/14/76 — Date of Offense
• 08/13/76 — Lucas was in a park with Harold Saunders; later the gas station incident occurred and the shooting at Ms. Piper’s house occurred (within the same day)
• 02/22/77 — Lucas filed a direct appeal to the Florida Supreme Court
• 01/14/77 — Date of Sentence; Lucas was found guilty on all charges; jury recommended sentences of death by a 12-0 vote; sentencing occurred (Count I death; Counts II and III 30 years)
• 02/09/77 — Defendant was sentenced as follows (sentence date stated as 02/09/77 in the record)
• 12/05/79 — Rehearing denied
• 01/02/80 — Mandate was issued
• 03/03/80 — The Circuit Court judge sentenced Lucas to death for the murder of Ms. Piper and to two thirty-year sentences for the attempted murders of Ms. Rice and Mr. Bird
• 03/11/80 — Lucas filed a direct appeal to the Florida Supreme Court
• 07/01/82 — The case was remanded to the circuit court for a new sentencing proceeding
• 08/03/82 — The mandate was issued
• 05/08/85 — Judge Reese sentenced Lucas to death for the murder of Ms. Piper and to two 30 year terms for the attempted murder for both Ms. Rice and Mr. Bird
• 05/30/85 — Lucas filed another direct appeal to the Florida Supreme Court
• 07/03/86 — The case was remanded for a complete new sentencing proceeding before a newly impaneled jury
• 02/12/86 — Rehearing was denied
• 08/18/86 — Mandate was issued
• 05/03/87 — The jury recommended the sentence of death for the murder of Ms. Piper
• 05/07/87 — Lucas was sentenced again to death for the murder of Ms. Piper and to 30 years for the attempted murders of Ms. Rice and Mr. Bird
• 06/05/87 — Lucas filed a direct appeal to the Florida Supreme Court
• 09/20/90 — The case was remanded for resentencing with a newly impaneled a jury on Count I
• 10/22/90 — Mandate was issued
• 05/14/90 — Judge Reese again sentenced Lucas to death for the murder of Ms. Piper
• 06/17/91 — Lucas filled a direct appeal to the Florida Supreme Court on 06/17/91
• 12/24/92 — The Florida Supreme Court affirmed the sentence
• 03/05/93 — Rehearing was denied
• 04/05/93 — Mandate was issued
• 06/03/93 — Lucas filed a Petition for Writ of Certiorari to the United States Supreme Court
• 10/04/93 — The petition was denied
• 10/04/94 — Lucas filed a 3.850 Motion with the Circuit Court
• 06/22/01 — The motion was denied
• 07/30/01 — Lucas filed a 3.850 appeal to the Florida Supreme Court
• 01/09/03 — The Court affirmed the denial of the 3.850 Motion
• 02/11/02 — Lucas filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court
• 01/09/03 — The petition was denied
• 03/14/03 — The Motion for Rehearing was denied
• 01/14/77 — Date of First Resentence: 03/03/80 (listed in record) and date of sentence: 01/14/77 (listed in record)
• 05/14/91 — Defendant was sentenced to death

Investigation and arrest

Lucas had been arrested for criminal trespassing at the Piper residence a week prior to the murder. During the night of 08/13/76, Lucas was arrested after law enforcement attempted to arrest him while he had run back to the woods.

Trial

On 08/30/76, Lucas was indicted on the following charges:

• Count I: First-Degree Murder
• Count II: Attempted First-Degree Murder
• Count III: Attempted First-Degree Murder

On 10/08/76, Lucas filed a motion for a change of venue. On 10/26/76, the motion was denied.

On 01/14/77, Lucas was found guilty on all charges. The jury recommended the sentences of death by a 12-0 vote.

Trial summary details

Lucas’ trial occurred on 08/30/76 with indictments and followed by venue motion denial on 10/26/76. The sentencing occurred on 01/14/77 and the record also contains a sentencing date of 02/09/77.

Sentencing

On 01/14/77, Lucas was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Attempted First-Degree Murder — 30 years
• Count III: Attempted First-Degree Murder — 30 years to be served consecutive to First

On 03/03/80, the Circuit Court judge sentenced Lucas as follows:

• Count III: Attempted First-Degree Murder — 30 years to be served consecutive to Count II

On 05/08/85, Judge Reese sentenced Lucas as follows:

• Count I: First Degree Murder — Death
• Count II: Attempted First Degree Murder — 30 years
• Count III: Attempted First Degree Murder — 30 years to be served consecutive to Count II

On 05/07/87, the judge sentenced Lucas as follows:

• Count II: Attempted First-Degree Murder — 30 years to be served concurrent with Count I
• Count III: Attempted First-Degree Murder — 30 years to be served consecutive to Count I and II

On 05/14/91, Defendant was sentenced to death.

Appeals

Lucas filed a direct appeal to the Florida Supreme Court on 02/22/77. He raised two issues:

1. The trial court committed reversible error by allowing an unrevealed rebuttal witness to testify without conducting an evidentiary hearing as to why the state was not complying with the rules of discovery.
2. The trial court erred in considering non-statutorial aggravating factors.

The Court found that, because the defense did not object to the rebuttal witness, the trial judge made no error. The Florida Supreme Court found that the trial court erred in considering the heinousness of the attempted murders as a non-statutory aggravating factor. The Court affirmed the conviction, but remanded the case for resentencing “without the benefit of a new sentence recommendation by a jury” Lucas v. Florida (376 So. 2d 1149) on 06/14/79. The rehearing was denied on 12/05/79, and the mandate was issued on 01/02/80.

Lucas filed a direct appeal to the Florida Supreme Court on 03/11/80. He asserted that the trial judge abused his discretion by not properly reweighing and re-evaluating the valid aggravating and mitigating circumstances. The Court found that the judge erred by not impaneling an advisory jury during the resentencing, but did not fault the judge because he was following the previous mandate issued by the Court. The Court remanded the case to the trial court for a new sentencing proceeding on 07/01/82. The mandate was issued on 08/03/82.

Lucas filed another direct appeal to the Florida Supreme Court on 05/30/85. Lucas claimed that the trial court erred by not allowing the presentation of additional evidence and not impaneling a new jury. The Court found that the trial judge did not error by not impaneling a new jury but that both sides should have been able to present additional evidence. The Court remanded the case to the trial court for a complete new sentencing proceeding before a newly impaneled jury on 07/03/86. The rehearing was denied on 02/12/86, and mandate was issued on 08/18/86.

Lucas filed a direct appeal to the Florida Supreme Court on 06/05/87. The Court stated that the trial court’s finding as to aggravating and mitigating factors must be unmistakably clear, and found that the sentencing order did not meet this requirement. The Court vacated the Lucas’ sentence and remanded the case to the trial court for resentencing with a newly impaneled a jury on 09/20/90. The mandate was issued on 10/22/90.

Lucas filled a direct appeal to the Florida Supreme Court on 06/17/91. The main issues raised by Lucas surrounded the aggravating and mitigating factors used by the judge to render a sentence of death, but the Court found these to be meritless, a harmless error. The Florida Supreme Court affirmed the sentence on 12/24/92. The rehearing was denied on 03/05/93, and the mandate was issued on 04/05/93.

Lucas filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/03/93. The petition was denied on 10/04/93.

Lucas filed a 3.850 Motion with the Circuit Court on 10/04/94. The motion was denied on 06/22/01. Lucas filed a 3.850 appeal to the Florida Supreme Court on 07/30/01. In this appeal his main issue raised was receiving ineffective counsel. The Court found no merit in his claims and affirmed the denial of his 3.850 Motion on 01/09/03.

Lucas also filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 02/11/02, which was denied on 01/09/03. The Motion for Rehearing was denied on 03/14/03.

Lucas then filed a Petition for Habeas Corpus to the United States Middle District Court, and the petition was described as currently pending.

Outcome

Harold Lucas was sentenced to death.

Other details

• Florida Supreme Court opinion numbers were listed as 67094, opinion 70653, opinion 78118, and SC01-1633.
• The case was listed as DC# 058279 and Case # 76-588 in the Twentieth Judicial Circuit, Lee County.
• Resentencing judges listed included Thomas Sands (trial) and Thomas S. Reese (Resentencing II, Resentencing III, Resentencing IV).
• Attorneys listed for multiple stages included Assistant Public Defenders and CCRC-Middle counsel.
• Lucas was described as having consumed alcohol and marijuana on 08/13/76 and THC on the same night.
• The record listed “The victim rebuffed him” as a characteristic.