Paul Anthony Brown

Case information

Paul Anthony Brown was convicted and sentenced to death for the murder of Roger Hensley. Brown moved from Tennessee to Daytona Beach in October 1992. He met Scott Jason McGuire and the two spent several weeks abusing drugs and alcohol together. Brown decided to go back to Tennessee, but had no means of getting back because McGuire’s vehicle was immobile.

The offence

On 11/05/92, Brown and McGuire met Roger Hensley outside a bar. The three men returned to Hensley’s apartment to have a beer and smoke marijuana. At one point, Hensley invited Brown and McGuire to stay the night, and then he retired to bed.

According to McGuire’s court testimony, Brown told him that he was going to shoot Hensley and steal his vehicle. McGuire was concerned about the loud sound that a gunshot would produce, so Brown obtained two knives from the kitchen and motioned to McGuire that he would slit Hensley’s throat. McGuire reportedly threw the knife down and refused to participate in the murder. Brown said he would do it himself, but ordered McGuire to block the doorway so that Hensley could not escape.

Brown entered the bedroom and began to stab Hensley. McGuire heard Hensley exclaim “No!” and, after entering the room, saw Hensley drenched in blood and gasping for air. Brown found the keys to Hensley’s vehicle, and the two men fled to Tennessee.

Investigation

Brown was arrested by the Federal Bureau of Investigation on 11/08/92 for his involvement in a Tennessee bank robbery. When the FBI questioned him, Brown confessed to partaking in the murder of a Florida man, but implicated McGuire as the one responsible for slitting Hensley’s throat.

Arrest

On 11/08/92, Brown was arrested by the Federal Bureau of Investigation in Tennessee on unrelated charges. During questioning, Brown implicated himself in the murder of Roger Hensley.

Trial

Brown was indicted on 04/06/93 on:

• Count I: First-Degree Murder

On 10/18/96, the jury found the defendant guilty. On 10/23/96, upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.

Sentencing

On 11/07/96, the defendant was sentenced:

• Count I: First-Degree Murder — Death

On 11/13/96, the defendant was additionally adjudicated and subsequently sentenced on charges that stemmed from the murder of Roger Hensley:

• Count I: Armed Robbery — 17-years
• Count II: Armed Burglary — 17-years

Codefendant

Scott Jason McGuire pled guilty to Second-Degree Murder for his part in the murder of Roger Hensley on 11/05/92. On 09/28/93, McGuire was sentenced to 40 years in prison.

Timeline

• 10/1992 — Brown moved from Tennessee to Daytona Beach and met Scott Jason McGuire; the two spent several weeks abusing drugs and alcohol together
• 11/05/92 — Brown, McGuire, and Roger Hensley met outside a bar; they returned to Hensley’s apartment; Brown stabbed Hensley and stole his vehicle keys
• 11/07/96 — Brown was sentenced to death
• 11/08/92 — Brown was arrested by the Federal Bureau of Investigation in Tennessee for involvement in a Tennessee bank robbery; he confessed to involvement in the Florida murder and implicated McGuire
• 04/06/93 — Brown was indicted on Count I: First-Degree Murder
• 09/28/93 — Scott Jason McGuire was sentenced to 40 years in prison after pleading guilty to Second-Degree Murder
• 10/18/96 — The jury found Brown guilty
• 10/23/96 — The jury voted 12 to 0 for the death penalty upon advisory sentencing
• 11/13/96 — Brown was adjudicated and sentenced on Armed Robbery (17-years) and Armed Burglary (17-years)
• 12/16/96 — Brown filed his Direct Appeal in the Florida Supreme Court
• 10/01/98 — The Florida Supreme Court affirmed the conviction and sentence of death
• 03/01/99 — Brown filed a Petition for Writ of Certiorari in the United States Supreme Court
• 05/03/99 — The United States Supreme Court denied the Petition for Writ of Certiorari
• 11/03/00 — Brown filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court
• 04/30/01 — The motion was denied
• 06/08/01 — Brown filed an appeal of that decision in the Florida Supreme Court
• 04/24/03 — The Florida Supreme Court affirmed; Brown’s Petition for Writ of Habeas Corpus was also denied on this date
• 12/10/01 — Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court

Appeals

Brown filed his Direct Appeal in the Florida Supreme Court on 12/16/96. All issues raised on appeal referred to the penalty phase of the trial. Brown argued that the court erred when it instructed the jury that the murder was heinous, atrocious, and cruel (HAC) and that the murder was cold, calculated, and premeditated (CCP). Brown also questioned the proportionality of his sentence and the constitutionality of Florida’s death penalty. The Florida Supreme Court affirmed the conviction and sentence of death on 10/01/98.

On 03/01/99, Brown filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 05/03/99.

Brown filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court on 11/03/00; it was denied on 04/30/01. Brown appealed that decision in the Florida Supreme Court on 06/08/01, which was affirmed on 04/24/03.

Brown also filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 12/10/01, which was denied on 04/24/03.

Other details

Supreme Court of Florida opinion 89537; opinion SC01-1275; DC# V02093; DOB: 07/31/67. Seventh Judicial Circuit, Volusia County; Case #92-34756; Sentencing Judge: The Honorable R. Michael Hutcheson. Trial Attorney: J. Peyton Quarles, Esq. — Private Attorney. Direct Appeal: J. Peyton Quarles, Esq. — Private Attorney. Collateral Appeals: Mary Catherine Bonner, Esq.

The registry date of offense was 11/05/92, and the date of sentence was 11/07/96.