Andrew Lukehart

Case overview

Andrew Lukehart was convicted in Duval County, Florida, of first-degree murder and aggravated child abuse in connection with the death of a baby, Gabrielle, age five-months.

Background

At the time of the offense, Andrew Lukehart lived with his girlfriend, Misty Rhue, and her two children, Ashley, aged two, and Gabrielle, age five-months.

The offence

On the afternoon of February 25, 1996, Misty Rhue put Ashley down for a nap in her bedroom while Lukehart remained in the other room with Gabrielle.

Around 5 p.m., Misty Rhue heard her car start and saw Lukehart drive away in her white Oldsmobile. She also noticed that Gabrielle was not in the house.

Thirty minutes later, Misty Rhue received a call from Lukehart. He stated that an individual in a Blue Chevy Blazer had taken the child from the home and that he was chasing them in her car. He asked her to call the police.

After 20 minutes, Misty Rhue called the Jacksonville Sheriff’s Department.

Investigation

At approximately 6:00 p.m., Mr. Mobley, a witness, reported to the Clay County Sheriff’s Department that a car had run off the road close to his home and he could not find the driver.

While an officer from the Jacksonville Sheriff’s Department was speaking with Misty Rhue in her home, she received a call from the Clay County Sheriff’s Department. The officer relayed the information that Misty Rhue’s car had been driven off the road in Clay County, and no one was in the car at the time it was located. A search ensued in the surrounding area and neither the baby nor driver was found. Helicopters were used in the search.

Their presence alerted Mr. Davis, an off duty Florida State Trooper who lived near the area. Mr. Davis went outside and found Lukehart in his front yard. Lukehart walked up to Trooper Davis with his hands up and stated: “I’m the one they are looking for. Read me my rights.”

Trooper Davis was not completely abreast of the situation, and he chose to handcuff Lukehart and then notified his dispatcher. An officer from the Clay County Sheriff’s office retrieved Lukehart and took him back to the scene of the abandoned car.

The officer kept Lukehart handcuffed and waited for an officer from Jacksonville’s Sheriff’s department to interview him because he was the only witness to the alleged abduction. During this period of time, Lukehart made numerous comments to the officers, such as complaining about Gabrielle soiling her diaper, and wanting to know when he could tell his side of the story.

Lukehart stated that he had placed Gabrielle in the front seat of the Oldsmobile in front of Ms. Rhue’s house and that she had been abducted from the driveway. Lukehart could not describe the person who was driving the Blazer.

The police questioned Lukehart at the police station, and he reiterated his second abduction story.

Lukehart then stated that he would retrace his steps from Ms. Rhue’s home to the area in Clay County with law enforcement. Lukehart acquiesced that his first story was a lie.

He then stated that the baby had been abducted from a store when he went inside to buy Ms. Rhue and the child some roses.

When at the store, the detectives saw that the details of the story were inaccurate, and Lukehart changed his story. Lukehart then took the police to the place where the Oldsmobile had been found and told them that was where he had lost the Blazer.

An intensive search was still being conducted for the child.

The detective questioned Lukehart again and told him that he did not believe the abduction story.

Approximately 18 hours after turning himself in, Lukehart finally admitted to killing the baby. He stated that he had dropped the child while changing her diaper and put her body in a pond in Jacksonville.

Arrest

Lukehart was found in Trooper Davis’s front yard and was handcuffed before being taken back to the scene of the abandoned car.

Trial

Charges and indictment

Lukehart was indicted on the following chargers:

• Count I: First-Degree Murder
• Count II: Aggravated Child Abuse

Arraignment and plea

Lukehart was arraigned. He stood mute and the court entered a plea of not guilty for him.

Counsel

Public Defender, Lewis Buzzell III, entered a motion to withdraw as counsel. An order allowed the public defender to withdraw and appointed new attorney, Michael Edwards.

Verdict

The jury found Lukehart guilty on both counts.

The jury recommended the death penalty by a vote of nine to three.

Sentencing

On April 4, 1997, Lukehart was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Aggravated Child Abuse — 15 years, to run concurrent to Count I

Appeals

Lukehart filed his direct appeal on 03/12/97.

The Florida Supreme Court issued an opinion on 06/22/00. The original opinion was withdrawn on 09/28/00 due to the fact that Justice Quince had to recuse herself. Prior to her appointment to the Florida Supreme Court, Justice Quince had spoken with the Assistant Public Defender handling the direct appeal, Chet Kaufman, about the case.

A revised opinion was issued on 09/28/2000. The Florida Supreme Court affirmed the convictions of first-degree murder and aggravated child-abuse, and the death sentence, but they remanded the case for resentencing on the aggravated child abuse conviction.

The main claim of the appeal was the trial court’s denial to suppress statements made by Lukehart to law enforcement officers. Lukehart claimed that the statements were not voluntarily made. The Florida Supreme Court found no error in the trial court’s denial to suppress the statements.

Due to the fact that the trial court failed to fill out the sentencing guidelines score sheet, the Florida Supreme Court remanded the case for resentencing and directed the trial court to properly complete the guidelines score sheet.

The rehearing was denied on 01/23/01 and the mandate was issued on 02/26/01.

A Petition for Writ of Certiorari was filed with the Unites Stated Supreme Court on 04/20/01. The Petition was denied on 06/25/01.

A 3.850 motion was filed with the circuit court on 09/27/01. An amended motion was filed on 06/20/02 and a second amended motion was filed on 09/23/03. The motion is still pending.

Timeline

• 02/25/96 — Offense occurred; Gabrielle was taken and the initial abduction story was conveyed to Misty Rhue.
• 03/07/96 — Trial summary states Lukehart was indicted on Count I First-Degree Murder and Count II Aggravated Child Abuse.
• 03/08/96 — Arraignment occurred; Lukehart stood mute and pleaded not guilty.
• 05/29/96 — Lewis Buzzell III entered a motion to withdraw as counsel.
• 06/06/96 — Order allowed the public defender to withdraw and appointed Michael Edwards.
• 02/27/97 — Lukehart was found guilty on both counts.
• 03/12/97 — Lukehart filed his direct appeal.
• 03/14/97 — The jury recommended the death penalty by a vote of nine to three.
• 04/04/97 — Lukehart was sentenced; Count I received death and Count II received 15 years concurrent with Count I.
• 06/22/00 — The Florida Supreme Court issued an opinion.
• 09/28/00 — The original opinion was withdrawn due to Justice Quince recusal; a revised opinion was issued on this date.
• 01/23/01 — Rehearing was denied.
• 02/26/01 — The mandate was issued.
• 04/20/01 — A Petition for Writ of Certiorari was filed with the Unites Stated Supreme Court.
• 06/25/01 — The Petition was denied.
• 09/27/01 — A 3.850 motion was filed.
• 06/20/02 — An amended 3.850 motion was filed.
• 09/23/03 — A second amended 3.850 motion was filed.

Other details

Lukehart’s personal timeline included a date of birth of 04/10/73. The case information listed the Fourth Judicial Circuit, Duval County, Case # 96-2645. The sentencing judge was The Honorable William A. Wilkes. Trial attorneys were Michael Edwards - Private Attorney and Chet Kaufman – Assistant Public Defender Attorney. Collateral appeals were handled by Michael P. Reiter - Registry. The Florida Supreme Court docket reference was SC90507 and DC# 391485.