Daniel Jon Peterka

Case identification

Daniel Jon Peterka was born on 09/09/67. The case was in the First Judicial Circuit, Okaloosa County, Case# 89-966C. The sentencing judge was The Honorable Erwin Fleet. The trial attorney was Robert Elmore – Assistant Public Defender. Direct appeal counsel was David A. Davis – Assistant Public Defender. Collateral appeals counsel was Linda M. McDermott – Registry Attorney. Collateral appeals (federal) were pro se. Florida Supreme Court opinion numbers were 75995 and SC02-1410 and SC03-482, DC# 119773.

Timeline

• 07/12/89 — Daniel Jon Peterka was scheduled to report to authorities in Nebraska to begin serving two consecutive one-year prison terms for theft; prior to surrendering, he revealed to his girlfriend that he did not want to go to jail.
• 02/11/89 — Peterka was scheduled to report to authorities in Nebraska to begin serving two consecutive one-year prison terms for theft.
• Late February 1989 — Peterka appeared in Niceville, Florida.
• 04/1989 — Peterka moved to a duplex he shared with John Russell.
• 06/27/89 — Peterka acquired a driver’s license with Russell’s name and his own picture; he cashed a $300 money order sent to Russell by a relative.
• 07/12/89 — Peterka appeared at Frances Thompson’s job driving Russell’s car; he told her he was a fugitive; Frances stayed the night at the duplex; Russell did not show up for work on 07/13/89.
• 07/13/89 — A co-worker, Gary Johnson, went to the duplex around 9:00 a.m., let himself in via a window, found the cushions from the couch missing, and later questioned Peterka about Russell; Johnson filed a missing person report that night.
• 07/14/89 — Peterka was arrested on 07/14/89 at 1:30 a.m.; deputies searched the duplex and found the gun.
• 07/18/89 — Peterka called his boss, “Shorty” Purvis, and asked him to visit him in jail; during the meeting, Peterka admitted killing Russell.
• 08/10/89 — Peterka was indicted: Count I: First-Degree Murder.
• 08/28/89 — Peterka entered a written plea of not guilty.
• 03/05/90 — Jury returned guilty verdicts on all counts of the indictment; jury recommended death by a vote of 8-4.
• 04/25/90 — Peterka was sentenced: Count I: First-Degree Murder – Death.
• 05/14/90 — Peterka filed a direct appeal to the Florida Supreme Court.
• 04/21/94 — The Florida Supreme Court affirmed the conviction and sentence of death.
• 08/05/94 — The rehearing was denied.
• 09/06/94 — The mandate was issued.
• 11/02/94 — Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 01/23/95 — The petition was denied by the United States Supreme Court.
• 03/24/97 — Peterka filed a 3.850 Motion to the Circuit Court.
• 05/02/02 — The Circuit Court denied Peterka’s 3.850 Motion.
• 06/26/02 — Peterka filed a 3.850 Appeal to the Florida Supreme Court.
• 09/30/04 — The 3.850 Appeal was affirmed; a Petition for Writ of Habeas Corpus to the Florida Supreme Court was denied on 09/30/04.
• 03/21/03 — Peterka filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 01/25/05 — Peterka filed a Petition for Writ of Habeas Corpus to the United States District Court, Northern District.
• 02/04/05 — The petition was amended.
• 03/21/05 — Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 06/30/05 — The petition was denied by the United States Supreme Court.

Background

Daniel Jon Peterka was scheduled to report to authorities in Nebraska to begin serving two consecutive one-year prison terms for theft on 02/11/89. Prior to surrendering, he revealed to his girlfriend at the time that he did not want to go to jail and that he wanted to get a job and establish himself somewhere else.

Peterka appeared in Niceville, Florida, in late February 1989. He moved in with Ronald LeCompte. LeCompte bought a .357 magnum handgun for Peterka as a favor.

In April of 1989, Peterka moved to a duplex that he shared with John Russell. Witnesses stated that the two did not have a good relationship.

The offence

On 06/27/89, Peterka acquired a driver’s license with Russell’s name and his own picture. He then cashed a $300 money order sent to Russell by a relative. When Russell realized he had not received the money order, he became suspicious of Peterka.

Russell did not plan on confronting Peterka about the missing money order because he was uncomfortable due to the gun being in the house.

On the night of 07/12/89, Peterka appeared at Frances Thompson’s job driving Russell’s car. He took Thompson out to dinner and explained that he was a fugitive and that he did not want go to prison. Frances stayed the night at the duplex and then left for work the next morning.

On the morning of 07/13/89, Russell did not show up for work. Gary Johnson went to the duplex around 9:00 a.m., let himself into the duplex via a window when no one answered the door, and noticed that the cushions from the couch were missing. After locating the gun, he noted that it was unloaded.

After Johnson questioned Peterka about Russell, Johnson filed a missing person report with the Okaloosa County Sheriff’s Department that night.

Peterka later admitted killing Russell. Peterka told police that he had forged Russell’s signature on the money order and that he had paid Russell $100 to use his identification. When discussing the money order, Russell started shoving Peterak and the two ended up fighting in the living room. Both reached for the gun, and Peterka won. As Russell got up from the couch, the gun accidentally went off and shot Russell in the top of the head. Peterka wrapped Russell’s body in a rug and drove him to a remote part of Eglin Air Force Base and buried him in a shallow grave. Peterka took officials to the body.

The medical examiner testified that the wound was consistent with the victim being shot from behind while he was in a reclining position. A firearms expert testified that the gun used to kill Russell was in good working order and that it would not fire accidentally, due to the fact that the gun had two safety mechanisms.

Investigation

A bank employee stated that a formal charge of forgery could begin only when the original copy of the money order was received.

A number of witnesses testified that Russell did not plan on confronting Peterka about the missing money order because he was uncomfortable due to the gun being in the house.

When Russell realized that he had not received the money order, he related his suspicions to the bank. A copy of the money order was obtained from a relative.

After Peterka phoned Frances Thompson from jail and asked her to remove some items from the duplex and save them, Frances found a shovel in the trunk of the victim’s car and noticed that the cushions for the couch were outside. She called the Sheriff’s Department and reported her findings.

A police search revealed possible bloodstains on the couch where the cushions had been and on the carpet beneath the couch. Bloodstains were also found in the trunk of the car and on the tail lights.

Arrest

Peterka was arrested on 07/14/89, at 1:30 a.m.

Deputies searched the duplex and found the gun. Peterka told the deputies that the gun belonged to a friend and showed them the bill of sale. The gun was not confiscated.

The deputies found a driver’s license with Peterka’s picture and Russell’s name, Russell’s Social Security card, other identification belonging to Russell, $407, a newspaper clipping advertising jobs in Alaska, and Peterka’s Nebraska driver’s license in Peterka’s wallet.

Deputy Harkins ran a computer check on Peterka and learned that he was a fugitive from Nebraska and was considered “armed and dangerous.”

Peterka reiterated that he did not know where Russell was, stating only that he had left with “a long haired guy” the night before. Peterka gave Deputy Harkins a birth certificate as identification, stating that he had lost his driver’s license.

Trial

On 08/10/89, Peterka was indicted: Count I: First-Degree Murder.

On 08/28/89, Peterka entered a written plea of not guilty.

On 03/05/90, the jury returned guilty verdicts on all counts of the indictment. The jury recommended death by a vote of 8-4.

Sentencing

On 04/25/90, Peterka was sentenced as follows:

• Count I: First-Degree Murder – Death

Appeals

Peterka filed a Direct Appeal to the Florida Supreme Court on 05/14/90. He raised 12 issues on the appeal pertaining to pretrial motions, evidence admitted at trial, and factors relating to mitigation and aggravation. The Court found no merit, no abuse of discretion, or no error with each of the issues. The Court affirmed the conviction and sentence of death on 04/21/94.

The rehearing was denied on 08/05/94, and the mandate was issued on 09/06/94.

Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/02/94. The petition was denied on 01/23/95.

Peterka filed a 3.850 Motion to the Circuit Court on 03/24/97. The motion was pending for five years due to public records issues. On 05/02/02, the Circuit Court denied Peterka’s 3.850 Motion.

Peterka filed a 3.850 Appeal to the Florida Supreme Court on 06/26/02, which was affirmed on 09/30/04.

Peterka filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 03/21/03, which was denied on 09/30/04.

On 01/25/05, Peterka filed a Petition for Writ of Habeas Corpus to the United States District Court, Northern District. The petition was amended on 02/04/05. The petition was currently pending.

On 03/21/05, Peterka filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/30/05.

Outcome

The Florida Supreme Court affirmed the conviction and sentence of death on 04/21/94. The United States Supreme Court denied certiorari on 01/23/95 and 06/30/05.

Other details

• LeCompte was the person who bought a .357 magnum handgun for Peterka.
• Peterka shared a duplex with John Russell.
• Frances Thompson was Peterka’s girlfriend at the time.
• Gary Johnson filed a missing person report with the Okaloosa County Sheriff’s Department that night after seeing Russell’s car in the driveway and discovering missing cushions.
• Deputy Harkins followed up on the missing person report and ran a computer check on Peterka.
• Peterka called his boss “Shorty” Purvis on 07/18/89 and asked him to visit him in jail.
• The medical examiner testified the wound was consistent with the victim being shot from behind while he was in a reclining position.
• A firearms expert testified the gun used to kill Russell was in good working order and would not fire accidentally due to two safety mechanisms.