Dwayne Irvin Parker

Case information

Dwayne Irvin Parker was indicted and later sentenced in the Seventeenth Judicial Circuit, Broward County (Case# 89-8897CF10).

He was born on 02/12/61.

The sentencing judge was The Honorable Leroy Moe.

Trial attorneys were R. H. “Bo” Hitchcock and Theodore S. Booras (Private Attorney). Direct appeal attorney was Gary Caldwell (Assistant Public Defender). Collateral appeals attorney was Dan D. Hallenberg (CCRC-S).

Timeline

• 04/22/89 — Dwayne Irvin Parker and Ladson Marvin Preston entered a Pizza Hut in Pompano Beach; Parker carried two guns; the restaurant safe was robbed, and money and jewelry were taken from 16 customers in the dining room.
• 05/11/89 — Parker was indicted on multiple counts including First-Degree Murder, Aggravated Assault with Firearm, Attempted Second-Degree Murder, and several Armed Robbery counts.
• 06/06/89 — Defendant pled not guilty.
• 05/10/90 — Jury returned guilty verdicts on all counts of the indictment.
• 05/25/90 — The jury recommended the death penalty by a vote of 8-4.
• 06/14/90 — Parker was sentenced: Count I First-Degree Murder—Death; other counts received natural life or fixed terms to run concurrently as specified.
• 06/14/90 — Parker filed his Direct Appeal to the Florida Supreme Court.
• 06/16/94 — The Florida Supreme Court affirmed Parker’s conviction and sentence.
• 08/31/94 — Rehearing was denied.
• 09/30/94 — The mandate issued.
• 11/25/94 — Parker filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 01/23/95 — The petition was denied.
• 03/24/97 — Parker filed a 3.850 Motion to the Circuit Court.
• 06/05/00 — The amended motion was filed.
• 02/08/03 — The motion was denied.
• 06/12/03 — Parker filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 03/24/05 — The Florida Supreme Court denied the habeas petition and reversed the trial court’s denial of the 3.850 Motion on claims of ineffective assistance of trial counsel, counsel’s handling of the bullet evidence, and counsel’s presentation of mitigating evidence at the penalty phase; the case was remanded for an evidentiary hearing on these issues.
• 04/04/05 — Parker filed a motion for a rehearing.
• 06/02/05 — Rehearing was denied.
• 06/23/05 — The mandate was issued.
• 02/16/06 — An evidentiary hearing was held.
• 06/28/02 — Parker filed a 3.850 Appeal to the Florida Supreme Court.
• 06/05/00 — Parker filed a 3.850 Motion to the Circuit Court, as required and remanded back to the Circuit Court by the Florida Supreme Court opinion; the motion concerned claims of ineffective assistance of trial counsel, counsel’s handling of the bullet evidence, and counsel’s presentation of mitigating evidence at the penalty phase.

The offence

On 04/22/89, Dwayne Irvin Parker and Ladson Marvin Preston entered a Pizza Hut in Pompano Beach.

Parker carried two guns: a small pistol and a semi-automatic pistol. Preston was not armed.

Parker and Preston robbed the restaurant safe and took money and jewelry from 16 customers in the dining room.

An employee left the restaurant and called 911 from a business in the vicinity during the robbery.

During the robbery, Parker expelled six shots, which wounded two customers.

Broward County deputies were outside the establishment when both Parker and Preston exited. Parker fired five shots at a deputy and then ran into the street.

While in the street, Parker attempted to seize a car by shooting once into the car.

Several individuals had exited a proximate bar and were in the street, including William Nicholson.

A witness left her home after she heard the shots and saw Parker running down the street with Nicholson following him. The witness heard another shot, saw Nicholson hold his midsection, and Nicholson then collapsed. The shot wound caused Nicholson’s death.

Parker was trapped between two houses and restrained by a police dog.

A pistol and jewelry were found near where Parker was apprehended.

Money and jewelry were found in Parker’s possession after he was placed in custody.

Twelve shell casings were found: six in the restaurant, five in the parking lot, and one near where the victim collapsed.

At trial it was discerned that all twelve of the casings and the bullet in the victim originated from Parker’s pistol.

Investigation and evidence

The firearm and ammunition evidence described included:

• Twelve shell casings found across the restaurant, parking lot, and near where William Nicholson collapsed.
• Trial discernment that all twelve casings and the bullet in the victim originated from Parker’s pistol.
• A pistol and jewelry found near where Parker was apprehended.
• Money and jewelry found in Parker’s possession after he was placed in custody.

Arrest

Trial

Charges and indictment

Parker was indicted as follows:

• Count I: First-Degree Murder
• Count II: Aggravated Assault with Firearm
• Count III: Attempted Second-Degree Murder
• Counts IV through XII: Armed Robbery (Count IV, Count V, Count VI, Count VII, Count VIII, Count IX, Count X, Count XI, Count XII)

Plea

On 06/06/89, Defendant pled not guilty.

Verdicts and recommendations

On 05/10/90, Jury returned guilty verdicts on all counts of the indictment.

On 05/25/90, the jury recommended the death penalty by a vote of 8-4.

Sentencing

On 06/14/90, Parker was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Aggravated Assault with Firearm — 5 years to run concurrent to Count Count II
• Count III: Attempted Second-Degree Murder — 30 years to run concurrent to Count II
• Count IV: Armed Robbery — Natural Life to run concurrent with Count II
• Count V: Armed Robbery — Natural Life to run concurrent with Count II
• Count VI: Armed Robbery — Natural Life to run concurrent with Count II
• Count VII: Armed Robbery — Natural Life to run concurrent with Count II
• Count VIII: Armed Robbery — Natural Life to run concurrent with Count II
• Count IX: Armed Robbery — Natural Life to run concurrent with Count II
• Count X: Armed Robbery — Natural Life to run concurrent with Count II
• Count XI: Armed Robbery — Natural Life to run concurrent with Count II
• Count XII: Armed Robbery — Natural Life to run concurrent with Count I

Codefendant

Ladson Marvin Preston pled guilty to Second-Degree Murder and was sentenced to 15 years.

At the sentencing of Parker, Preston testified that he did not expect to serve more than four years. Preston was not currently incarcerated.

Appeals

Direct appeal

Parker filed his Direct Appeal to the Florida Supreme Court on 06/14/90.

He raised a number of issues, including an argument that the court erred in denying his challenges for cause to 16 prospective jurors.

Regarding this issue and the remaining issues, the Court found no merit or no error.

The Court affirmed Parker’s conviction and sentence on 06/16/94.

The rehearing was denied on 08/31/94 and the mandate issued on 09/30/94.

United States Supreme Court

Parker filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/25/94.

The petition was denied on 01/23/95.

Post-conviction proceedings under 3.850

Parker filed a 3.850 Motion to the Circuit Court on 03/24/97. The amended motion was filed on 06/05/00. The motion was denied on 02/08/03.

Parker filed a 3.850 Appeal to the Florida Supreme Court on 06/28/02.

On 03/24/05, the Court reversed the trial court’s denial of the 3.850 Motion based on claims of ineffective assistance of trial counsel, counsel’s handling of the bullet evidence, and counsel’s presentation of mitigating evidence at the penalty phase.

The Court remanded the case back to the Circuit Court for an evidentiary hearing on these issues.

The Court otherwise affirmed the trial court’s order denying post-conviction relief with respect to the other issues raised.

Parker filed a motion for a rehearing on 04/04/05, which was denied on 06/02/05. The mandate was issued on 06/23/05.

On 06/05/00, Parker filed a 3.850 Motion to the Circuit Court, as required (and remanded back to the Circuit Court) by the opinion of the Florida Supreme Court reversing on specific issues, concerning claims of ineffective assistance of trial counsel, counsel’s handling of the bullet evidence, and counsel’s presentation of mitigating evidence at the penalty phase.

Evidentiary hearing was held on 02/16/06. The Motion is currently pending.

Habeas corpus

Parker filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 06/12/03, which was denied on 03/24/05.

Outcome

Parker remained under a death sentence imposed on 06/14/90, with the Florida Supreme Court having affirmed his conviction and sentence on 06/16/94 and later reversing and remanding post-conviction relief on specific issues for an evidentiary hearing.