Sonny Boy Oats

Case details

Name: Sonny Boy Oats, Jr. DOB: 05/25/57 Case identifiers: DC# 051769, Fifth Judicial Circuit, Marion County, Case# 80-16 Sentencing judge: The Honorable William T. Swigert Trial attorneys: Theodore N. Taylor & Frank T. Johnson – Asst. Public Defenders Direct appeal attorneys: James B. Gibson & Cynthia Karl-Stamm – Asst. Defenders Collateral appeals attorney: Martin J. McClain – CCRC-S Date of offense: 12/20/79 Date of sentence: 02/10/81 Date of resentence: 04/26/84

Timeline

• 12/19/79 — Sonny Boy Oats, Jr. robbed an ABC Liquor Store and shot the store’s clerk.
• 12/20/79 — Jeanette Dyer, clerk at the Little Country Store in Martel, Florida, was found lying on the floor with a gunshot wound that penetrated her right eye and brain; money was missing from the cash register.
• 12/24/79 — An Ocala policeman observed a vehicle with two suspicious-looking men inside it, who were customers of the Jiffy Food Store; as the officer approached, the men sped away, leading to a high-speed chase; during the chase the vehicle crashed and the two men were not immediately apprehended.
• After 12/24/79 — Donnie Williams was arrested shortly after the crash and transported to the Marion County Jail; Sonny Boy Oats, Jr. was present at the jail inquiring about Williams’ release, and was arrested after being informed he was a suspect in the high-speed chase.
• After the arrest — Sonny Boy Oats, Jr. admitted involvement in the high-speed chase and threw his firearm away during the chase; the firearm was later discovered on the roadside near the location described by him.
• admitted involvement in the ABC liquor store robbery and shooting that had occurred on 12/19/79 (one day prior to the robbery and murder of Jeanette Dyer).
• 12/28/79 — During a tape recorded interview, Sonny Boy Oats, Jr. again confessed to the ABC liquor store robbery and shooting and admitted robbing and killing Jeanette Dyer on 12/20.
• February and March 1980 — At the request of trial counsel, Sonny Boy Oats, Jr. was examined by three psychiatrists, Drs. Frank Carrera, Rafael Gonzalez, and Fausto Natal, who reported that he was sane at the time of the offenses and competent to stand trial.
• Early June 1980 — Sonny Boy Oats, Jr. was tried in a separate proceeding for the ABC liquor store robbery and shooting and was convicted of robbery with a firearm and second-degree murder.
• 06/14/80 — Sonny Boy Oats, Jr. escaped from the Marion County Jail.
• About six months later — Sonny Boy Oats, Jr. was recaptured in Texas by federal agents and sent back to the Marion County Jail.
• 01/30/80 — Sonny Boy Oats, Jr. was indicted for the Little Country Store robbery and murder.
• 02/06/81 — The jury found Sonny Boy Oats, Jr. guilty of first-degree murder and robbery with a firearm.
• 02/10/81 — The jury recommended death by a vote of 12-0.
• 02/10/81 — Sentenced: death for first-degree murder; 99 years for robbery with a firearm.
• 04/08/81 — Direct appeal took place.
• 02/03/84 — The Florida Supreme Court affirmed Sonny Boy Oats, Jr.’s conviction and remanded for a new sentencing order.
• 04/25/85 — The Florida Supreme Court affirmed the death sentence.
• 04/26/84 — After remand, the trial court resentenced Sonny Boy Oats, Jr. to death.
• June 1980 — Sonny Boy Oats, Jr. escaped from jail shortly after he went into custody at the Marion County Jail (described in connection with the ABC trial proceedings).
• 10/07/85 — A petition for writ of certiorari to the United States Supreme Court was denied.
• 10/07/87 — Sonny Boy Oats, Jr. filed a 3.850 Motion to the Circuit Court.
• 11/21/90 — The 3.850 motion was denied.
• 12/15/90 — Sonny Boy Oats, Jr. filed a motion for rehearing.
• 02/26/91 — The motion for rehearing was denied.
• 03/25/91 — Sonny Boy Oats, Jr. filed a 3.850 Appeal to the Florida Supreme Court.
• 03/31/94 — A petition for writ of habeas corpus to the Florida Supreme Court was decided; the Court affirmed the trial court’s denial on the 3.850 appeal.
• 05/06/94 — Sonny Boy Oats, Jr. filed a motion for a rehearing in connection with the Florida habeas corpus proceeding.
• 06/13/94 — The motion was denied and a mandate was issued.
• 08/12/94 — Sonny Boy Oats, Jr. filed a petition for a writ of habeas corpus to the United States District Court, Middle District.
• 07/15/96 — The petition was denied.
• 10/20/94 — Sonny Boy Oats, Jr. filed a petition for a writ of certiorari to the United States Supreme Court.
• 01/09/95 — The petition for writ of certiorari was denied.
• 12/03/96 — Sonny Boy Oats, Jr. filed a habeas appeal to the United States Court of Appeals.
• 05/19/98 — The denial was affirmed.
• 06/12/98 — Sonny Boy Oats, Jr. filed a motion for rehearing.
• 11/17/98 — The motion for rehearing was denied.
• 04/08/99 — Sonny Boy Oats, Jr. filed another petition for a writ of certiorari to the United States Supreme Court.
• 06/14/99 — The petition was denied.
• 03/15/02 — Sonny Boy Oats, Jr. filed a second 3.850 Motion to the Circuit Court.
• 11/30/04 — Sonny Boy Oats, Jr. filed an amended 3.850 Motion to the Circuit Court (currently pending).

Background

Sonny Boy Oats, Jr. was convicted of first-degree murder and robbery with a firearm arising out of the killing of Jeanette Dyer, the clerk at the Little Country Store in Martel, Florida. He was sentenced to death for murder and 99 years for robbery with a firearm. He was resentenced to death following remand.

The offence

Little Country Store robbery and murder (Jeanette Dyer)

On 12/20/79, Jeanette Dyer, the clerk at the Little Country Store in Martel, Florida, was found lying on the floor with a gunshot wound that penetrated her right eye and brain. When she was discovered, she had a faint heartbeat but died shortly after arriving at the hospital. Money was missing from the cash register.

The cause of Jeanette Dyer’s death was a single bullet fired from approximately one foot away that penetrated her right eye and her brain.

ABC Liquor Store robbery and shooting

Sonny Boy Oats, Jr. confessed to a robbery of an ABC Liquor Store and the shooting of the store’s clerk. This took place one day prior to the Little Country Store robbery. During the robbery, his foot slipped and his gun fired; the bullet hit the counter and almost shot the clerk. Sonny Boy Oats, Jr. claimed that he did not intend to shoot the clerk.

In the ABC liquor store robbery, Sonny Boy Oats, Jr. robbed the store’s clerk, Eric Slusser, and then shot Slusser in the head.

Investigation

After Jeanette Dyer was discovered, an Ocala policeman observed a vehicle with two suspicious-looking men inside it, who were customers of the Jiffy Food Store. The men sped away as the officer approached, leading to a high-speed chase. During the chase, the vehicle crashed, and the two men were not immediately apprehended.

Donnie Williams was arrested shortly after the crash and transported to the Marion County Jail. Sonny Boy Oats, Jr. was present at the jail inquiring about Williams’ release. Before he could get a response, Sonny Boy Oats, Jr. was informed he was a suspect in the high-speed chase and was arrested.

Sonny Boy Oats, Jr. gave statements after being arrested, including that he had thrown his firearm away during the chase. The firearm was later discovered on the roadside near the location described by him.

Ballistics tests conducted on the gun recovered from the roadside established that it was the same weapon used for both the ABC liquor store shooting and the Jeanette Dyer shooting.

Sonny Boy Oats, Jr. directed police officers to a site where he had tossed his weapon subsequent to the high-speed chase.

Arrest

Sonny Boy Oats, Jr. was arrested after being informed he was a suspect in the high-speed chase.

Trial

Charges and indictments

Sonny Boy Oats, Jr. At trial, the state tried the case under two counts:

• Count I: First-Degree Murder
• Count II: Robbery with a Firearm

Sonny Boy Oats, Jr. was also charged separately in another case for the robbery and attempted murder at the ABC liquor store on 12/19/79.

During the indictment, evidence was presented that Donnie Williams was also involved in the Little Country Store homicide, but Donnie Williams was not charged. Additional evidence was presented in the Rule 3.850 hearing concerning his involvement.

Verdicts

The jury returned guilty verdicts on all counts of the indictment.

Separate ABC liquor store proceedings

In early June 1980, in a separate, noncapital proceeding, Sonny Boy Oats, Jr. was convicted of robbery with a firearm and attempted murder in the first degree. Later, after reversal and retrial in that ABC liquor store case, on February 9, 1982, Sonny Boy Oats, Jr. was convicted of robbery and attempted second degree murder.

During the instant capital case, evidence tying Sonny Boy Oats, Jr. to the ABC robbery and shooting was introduced because the same weapon was used for both robberies and shootings.

Mental health evaluations

During February and March of 1980, at the request of trial counsel, three psychiatrists examined Sonny Boy Oats, Jr.: Drs. Frank Carrera, Rafael Gonzalez, and Fausto Natal. They reported to the court and to Sonny Boy Oats, Jr.’s counsel that he was sane at the time of the offenses and competent to stand trial.

Sentencing

On 02/10/81, after hearing evidence relevant to sentencing, the same jury rendered an advisory sentence of death by a vote of 12-0.

The trial judge followed the jury’s recommendation on 02/10/81, imposing:

• Count I: First-Degree Murder — Death
• Count II: Robbery with a Firearm — 99 years

On remand after the Florida Supreme Court affirmed the conviction but remanded for resentencing, the trial court resentenced Sonny Boy Oats, Jr. to death on 04/26/84.

At the resentencing hearing, Sonny Boy Oats, Jr.’s attorney objected to the resentencing and made a motion seeking the appointment of experts to determine Sonny Boy Oats, Jr.’s sanity and competence. The trial judge denied the motion based on the judge’s observations of Sonny Boy Oats, Jr.’s demeanor at that time and during prior proceedings. The trial judge reweighed the valid aggravating circumstances against the single mitigating circumstance and reimposed the death penalty.

In sentencing Sonny Boy Oats, Jr. to death, the trial judge found the State had proven beyond a reasonable doubt six statutorily enumerated aggravating circumstances and only one mitigating circumstance. The Florida Supreme Court concluded the trial judge erred in various aggravator determinations and remanded for resentencing.

At resentencing, Sonny Boy Oats, Jr.’s counsel moved for the court to impanel a new jury for resentencing; the court denied the motion, and the Florida Supreme Court affirmed this denial because a new jury would be considering essentially the same evidence.

Appeals

Direct appeal (conviction and sentence)

Sonny Boy Oats, Jr. raised six issues pertaining to the guilt phase of the direct appeal that took place on 04/08/81:

1. Error in failing to suppress his confessions because they were not free and voluntary and were extracted by a type of mental coercion.
2. Denial of the right to a fair and impartial trial by failure to sequester the jury.
3. Error in failing to grant a change of venue due to pretrial publicity being persuasive, inflammatory, and prejudicial.
4. Error in allowing the state to use Sonny Boy Oats, Jr.’s confession of the ABC robbery and shooting.
5. Prosecutor made prejudicial and inflammatory remarks.
6. Error in denying a motion for a directed verdict of acquittal and new trial, and accepting guilty verdict of premeditated murder as against weight and sufficiency of the evidence.

On 02/03/84, the Florida Supreme Court affirmed Sonny Boy Oats, Jr.’s conviction and remanded for a new sentencing order.

On 06/01/84, Sonny Boy Oats, Jr. filed a direct appeal for resentencing to the Florida Supreme Court.

On 04/25/85, the Florida Supreme Court affirmed his death sentence.

United States Supreme Court certiorari

On 06/24/85, Sonny Boy Oats, Jr. filed a petition for a writ of certiorari to the United States Supreme Court; it was denied on 10/07/85.

State post-conviction (Rule 3.850)

On 10/07/87, Sonny Boy Oats, Jr. filed a 3.850 motion to the Circuit Court, and it was denied on 11/21/90. He filed a motion for rehearing on 12/15/90, which was denied on 02/26/91.

On 05/06/94, he filed a motion for a rehearing, which was denied on 06/13/94 and a mandate was issued.

While petitioning for a writ of habeas corpus, Sonny Boy Oats, Jr. filed a 3.850 appeal to the Florida Supreme Court on 03/25/91. After a three-year delay, the Court affirmed the trial court’s denial on 03/31/94. A motion for rehearing was denied and a mandate issued on 06/13/94.

State habeas corpus

On 05/23/89, Sonny Boy Oats, Jr. filed a petition for a writ of habeas corpus to the Florida Supreme Court. This petition was pending for five years before it was decided on 03/31/94.

Federal habeas and related certiorari

On 08/12/94, Sonny Boy Oats, Jr. filed a petition for writ of habeas corpus to the United States District Court, Middle District, which was denied on 07/15/96.

On 10/20/94, he filed a petition for a writ of certiorari to the United States Supreme Court; it was denied on 01/09/95.

Sonny Boy Oats, Jr. filed a habeas appeal to the United States Court of Appeals on 12/03/96. The denial was affirmed on 05/19/98. He filed a motion for rehearing on 06/12/98, denied on 11/17/98.

On 04/08/99, he filed another petition for a writ of certiorari to the United States Supreme Court, which was denied on 06/14/99.

Later state post-conviction filings

On 03/15/02, Sonny Boy Oats, Jr. filed a second 3.850 motion to the Circuit Court, with pending Florida Supreme Court appeals with Thomas v State (FSC# 00-1092) and Miller v State (FSC# 01-837) involving mental retardation issues.

On 11/30/04, he filed an amended 3.850 motion to the Circuit Court, which was pending.

Other details

Escape and recapture details

Sonny Boy Oats, Jr. escaped from the Marion County Jail shortly after he went into custody at the Marion County Jail. His escape occurred on 06/14/80. He was recaptured approximately six months later in Texas by federal agents and was returned to Florida for trial.

A first escape occurred on 12/24/79, while Sonny Boy Oats, Jr. was in custody for police interrogation. After confessing to the ABC liquor store crime, he told officers that because his mother was very ill, he wished to see her and tell her in person that he had been arrested. Officers complied and let him visit his mother. During the visit, he escaped out the back door of her house and remained free for three days.

A second escape occurred on 06/14/80 prior to his trial in the instant case. While a guard was distracted, he and other inmates climbed over a wall at Marion County Jail. He was recaptured approximately six months later after traveling to New York and Texas.

Evidence of confessions and suppression-related claims

Sonny Boy Oats, Jr. was given Miranda warnings after being arrested as a suspect in the high-speed chase. During the interview that followed, he admitted involvement in the chase and stated he had thrown his firearm away during the chase.

In the ABC liquor store investigation, Sonny Boy Oats, Jr. made additional admissions during the 12/28/79 tape recorded interview, including that he robbed and killed Jeanette Dyer on 12/20.

Psychiatric evidence described in later proceedings

In later proceedings, Drs. Robert Phillips and Joyce Carbonell testified and Dr. Harry Krop issued a report concluding that Sonny Boy Oats, Jr. was mentally retarded with organic brain damage and that he was incompetent to stand trial in 1980, incompetent at resentencing in 1984, and incapable of knowingly waiving his Miranda rights at the time of his confessions.

This was contradicted by Drs. Charles Mutter and Leonard Haber, who testified on behalf of the State. Drs. Mutter and Haber concluded that Sonny Boy Oats, Jr. was competent to stand trial in 1980, competent at resentencing in 1984, and capable of making a knowing and intelligent waiver of his Miranda rights.

Dr. Carrera evaluated Sonny Boy Oats, Jr. on 02/19/1980 and concluded that:

1. Sonny Boy Oats, Jr. was of low average to borderline intelligence;
2. he was competent to assist in his defense and stand trial; and
3. at the time of the alleged crimes Sonny Boy Oats, Jr. was legally sane.

Dr. Natal evaluated Sonny Boy Oats, Jr. on 03/18/1980 and concluded that:

1. Sonny Boy Oats, Jr.’s intellectual level seemed to be in the “dull, normal range,”
2. “is competent to stand trial and knows the nature and consequences of the legal situation he is involved in and can work with counsel in preparing a rational defense,”
3. with respect to Sonny Boy Oats, Jr.’s state of mind at the time of the alleged crime, “was not suffering from a defect of reason resulting from a disease of the mind” and knew the nature and quality of the act was wrong, and
4. “understood the Miranda warnings and was psychologically able to waive his rights.”

Dr. Gonzalez evaluated Sonny Boy Oats, Jr. in late March 1980 and concluded that: “is not at present time psychotic and that he can be of assistance to his attorney in the process of preparation of his defense.”

Dr. Phillips testified that he believed Sonny Boy Oats, Jr.’s brain damage resulted from a longstanding history of alcohol and drug abuse, inhalation of liquid paper, and multiple open and/or closed head injuries during childhood.

Dr. Krop and Dr. Carbonell reported that Sonny Boy Oats, Jr. scored approximately 57 and 61 on IQ tests, placing him in the mildly mentally retarded range of functioning, and that he was at a beginning third grade level in terms of basic academic skills.

Dr. Charles Mutter testified that the assumption that brain damage was partly the result of sniffing liquid paper was flawed because the inhalation of the solvents in liquid paper may cause severe liver damage and gastrointestinal problems, but there was no medical evidence that the solvents produce brain damage. Dr. Mutter also testified that Dr. Krop’s conclusion that Sonny Boy Oats, Jr. suffered from diffuse brain damage was contradicted to some degree by Dr. was orientated to time, place, and person.

Based on Dr. Mutter’s evaluation, he concluded Sonny Boy Oats, Jr. suffered from a “minimal organic disturbance” in expressing himself in terms of words and certain types of vocabulary, but that Sonny Boy Oats, Jr. understood the questions asked in the evaluation, his answers were responsive and appropriate, and his psychomotor activity and other body language were in context with an individual who does not show “any kind of frank organic impairment.”

Drs. Mutter and Haber concluded that Sonny Boy Oats, Jr.’s IQ scores, as reported by defense experts, did not reflect his actual mental functioning and that Sonny Boy Oats, Jr. demonstrated an ability to use certain language and appreciate the nuances of the doctors’ questions that were “far beyond the ability of an individual with a full scale IQ of 57.”

Resentencing competency and rule applications described in federal opinion

At resentencing, Sonny Boy Oats, Jr.’s counsel filed a motion seeking the appointment of three mental health experts pursuant to Florida Rule of Criminal Procedure 3.740 (1984) titled “Procedure When Insanity Is Alleged as Cause for Not Pronouncing Sentence.” Rule 3.740 then provided: “If the court has reasonable ground to believe that the defendant is insane, it shall ... immediately fix a time for a hearing ... [and] may appoint not exceeding three disinterested qualified experts to examine the defendant and testify at the hearing as to his mental condition.”

The trial court denied the motion and proceeded based on the judge’s finding that there were no reasonable grounds to believe Sonny Boy Oats, Jr. was insane and unable to proceed in the resentencing.

In later federal review, it was stated that the trial judge did not have a sua sponte duty to hold a competency hearing because there was no evidence before the trial judge at resentencing raising a bona fide doubt as to competency.

Witnesses called during penalty phase

During the penalty phase, Sonny Boy Oats, Jr.’s trial counsel called four relatives:

• Vernittia Mae Gant (his sister)
• Edith Marie Johnson (his aunt)
• Freddie Oats (his brother)
• Willie Mae Oats (his mother)

Verbatim statement about police promises (as quoted)

An investigating officer told Sonny Boy Oats, Jr.: “We as police officers can't promise you anything other than we will ... like I told you before, we'll talk to everybody in the system about getting help for you, and we'll talk to the State Attorney's Office about your bond; I'll promise you that.”

Verbatim interruption during penalty phase testimony

During cross-examination of Sonny Boy Oats, Jr.’s mother during the penalty phase, Sonny Boy Oats, Jr. interrupted and stated: “[s]he just told you he had gloves on, didn't she?”

Outcome

A federal petition for a writ of habeas corpus was denied, and the denial was affirmed in the United States Court of Appeals for the Eleventh Circuit on May 19, 1998, with the court affirming the district court’s order denying the writ.