Jason James Mahn

Case record: Jason James Mahn

Identity

Jason James Mahn.

Background

Jason James Mahn’s parents divorced in Wisconsin in 1974 when Mahn was just a toddler. After the divorce, Mahn had no further contact with his father, Michael Mahn. When Mahn turned 18, he moved from Texas to Pensacola, Florida, to live with his father, his father’s long-time girlfriend, Debra Shanko, and her teenage son, Anthony Shanko. The intent of the move was for Mahn and his father to develop a father-son relationship.

On April 1, 1993, Mahn’s father bought a car for Mahn, but later had to sell it because he could not afford to pay the car’s repair bills. After Mahn got off work that evening, the car was taken from Mahn and delivered to a new owner.

The offence

On February 23, 1994, Mahn was convicted on two counts of first-degree murder and one count of armed robbery.

In the events on the night of the offences, at approximately 9:30 p.m., Mahn’s father left the house to go to the Carousel Lounge. Mahn’s father returned home at approximately 1:00 a.m. on April 2, 1993. He immediately noticed that Debra’s car was gone, the garage door was open, and the front door of the house was unlocked and slightly open.

Mr. Mahn entered the house and discovered blood stains on the floor and walls. He found Debra’s body lying across the hallway. Mr. Mahn found Anthony alive in his bedroom, but severely injured from multiple stab wounds. Anthony informed Mr. Mahn that Debra was dead and that it was Mahn who was responsible. As he was being placed in an ambulance, Anthony told a police officer that Mahn was his assailant.

Anthony was immediately prepared for surgery at the hospital, but died of cardiac arrest. According to medical examiners, Anthony’s autopsy revealed six stab wounds, with one fatal blow to the chest. Debra essentially bled to death.

Mahn attempted to flee in Mr. Mahn’s car but could not find the keys. Debra, who was still alive, told Mahn to take her car and leave. Mahn fled in Debra’s car after smashing the window open. He took $400 with him that he found in her bank bag in a drawer.

Investigation

Anthony told a police officer that Mahn was his assailant as he was being placed in an ambulance.

Police arrested Mahn in Oklahoma and he confessed to the murders. Mahn explained that he acted out of hate for and frustration with his father. Mahn stated that he had used drugs at the time of the offenses.

Mahn told police officers that the murders commenced around 11:00 p.m. that evening. He walked into Anthony’s bedroom and stabbed him with a kitchen knife. Debra rushed into the room as Anthony’s screams were heard and Mahn also stabbed her.

Arrest

Police arrested Mahn in Oklahoma.

Trial

On April 27, 1993, Mahn was indicted as follows:

• Count I: First-Degree Murder (Debra Shanko)
• Count II: First-Degree Murder (Anthony Shanko)
• Count III: Armed Robbery

On November 16, 1993, the jury returned guilty verdicts on all counts of the indictment.

On November 17, 1993, the jury recommended death by a vote of 8-4.

Sentencing occurred on February 23, 1994:

• Count I: First-Degree Murder – Death
• Count II: First-Degree Murder – Death
• Count III: Armed Robbery – 17 years

Additional information: Mahn was acquitted of two other charges, cruelty to animals and criminal mischief.

Trial court found Mahn incompetent to proceed on February 22, 2002. A competence hearing was held on April 22, 2004, and Mahn was still found incompetent to proceed with trial. On March 30, 2005, Mahn was found competent to proceed.

Appeals

On March 28, 1994, Mahn filed a direct appeal to the Florida Supreme Court. Mahn raised 12 issues:

1. Mahn claimed the trial court erred in permitting restraint of the appellant during portions of the trial by use of a remotely activated electric stun device.
2. Mahn argued the trial court erred in submitting the charge of robbery to the jury based on insufficient evidence.
3. Mahn claimed the trial court erred in finding that the murders were cold, calculated, and premeditated.
4. Mahn claimed the trial court erred in finding the murders heinous, atrocious, or cruel.
5. Mahn argued the trial court erred in relying on appellant’s 1992 prior robbery conviction to support the “prior violent felony” aggravating circumstance.
6. Mahn claimed the trial court erred in rejecting as statutory mitigators that the appellant suffered from an extreme mental or emotional disturbance at the time of the murders and that the appellant’s capacity to appreciate the criminality of his acts was substantially impaired.
7. Mahn argued the trial court erred in failing to give sufficient weight to the appellant’s mental problems as a nonstatutory, mitigating circumstance.
8. Mahn claimed the trial court erred in rejecting appellant’s drug and alcohol abuse as a nonstatutory, mitigating circumstance.
9. Mahn argued the trial court erred in rejecting appellant’s age of 20 years old as a statutory or nonstatutory circumstance.
10. Mahn claimed the trial court erred in overriding the jury’s recommendation of a life sentence for the murder of Debra Shanko.
11. Mahn claimed the death sentence is a disproportionate penalty in this case.
12. Finally, Mahn claimed the trial court erred in giving the standard jury instruction to define the heinous, atrocious, or cruel aggravating circumstance.

On April 16, 1998, the Florida Supreme Court affirmed Mahn’s first-degree murder convictions, but remanded for a new trial for resentencing.

On direct appeal, the Florida Supreme Court affirmed Mahn’s first-degree murder convictions, but remanded the case with directions that his sentence for Debra Shanko’s murder be reduced to a life sentence with eligibility for parole for 25 years.

As for the murder of Anthony Shanko, the Court reversed the sentence and remanded the case for a new penalty-phase proceeding before a new jury.

The Court also reversed Mahn’s armed robbery conviction and remanded the case to the trial court with directions to enter a judgment of conviction for grand theft on that count and to sentence Mahn accordingly.

Mahm filed a Petition for Writ of Certiorari to the 1st District Court of Appeals on March 29, 1999, which was denied on May 13, 1999.

On December 17, 1999, Mahn filed a 3.850 Motion to the Circuit Court, which is currently pending.

Timeline

• 1974 — Mahn’s parents divorced in Wisconsin when Mahn was just a toddler.
• 04/01/93 — Mahn’s father bought a car for Mahn; later sold it because he could not afford to pay repair bills; Mahn’s father took the car after Mahn got off work.
• 02/23/94 — Mahn was convicted on two counts of first-degree murder and one count of armed robbery; sentenced to death for both murders and 17 years for armed robbery.
• 04/02/93 — Mahn’s father returned home at approximately 1:00 a.m. and discovered Debra’s body and that Anthony was severely injured.
• 03/28/94 — Mahn filed a direct appeal to the Florida Supreme Court.
• 04/16/98 — Florida Supreme Court affirmed first-degree murder convictions but remanded for resentencing.
• 03/29/99 — Mahn filed a Petition for Writ of Certiorari to the 1st District Court of Appeals.
• 05/13/99 — The petition for writ of certiorari was denied.
• 12/17/99 — Mahn filed a 3.850 Motion to the Circuit Court, pending.
• 02/22/02 — Trial court found Mahn incompetent to proceed.
• 04/22/04 — Competence hearing held; Mahn still found incompetent to proceed.
• 03/30/05 — Mahn found competent to proceed.

Sentencing

The jury recommended death for both murders by a vote of 8-4. On February 23, 1994, Mahn was sentenced as follows:

• Count I: First-Degree Murder (Debra Shanko) — Death
• Count II: First-Degree Murder (Anthony Shanko) — Death

After direct appeal, the Florida Supreme Court directed:

• Debra Shanko’s murder sentence be reduced to a life sentence with eligibility for parole for 25 years.
• Anthony Shanko’s murder sentence be reversed and remanded for a new penalty-phase proceeding before a new jury.

The Court reversed the armed robbery conviction and directed entry of a judgment of conviction for grand theft with sentencing to follow.

Other details

Mahn’s confession included that he stabbed Anthony and Debra with a kitchen knife after the murders commenced around 11:00 p.m. that evening. Mahn attempted to flee but could not find the keys and fled instead in Debra’s car after smashing the window open. Mahn took $400 from a bank bag in a drawer.

Mahn acted out of hate for and frustration with his father. Mahn also stated that he used drugs at the time of the offenses.

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