Norberto Pietri

Case record: Norberto Pietri

Background

Norberto Pietri was at Lantana Community Correctional Work Release Center awaiting a transfer to a more secure facility. On 08/18/88, Pietri walked away from the center. For the next four days, he used cocaine and committed burglaries to acquire money to support his drug use.

Pietri was previously incarcerated at the time of the offense for three counts of Grand Theft and three counts of Burglary committed in 1984; six counts of Burglary and two counts of Grand Theft committed in 1986. Pietri was an occasional landscaper and was described as a two-bit burglar and a $600-a-day cocaine addict with 28 felony convictions. He was nicknamed "Spiderman" for the 3-inch spider tattoo on his neck.

Pietri was indicted for escape and multiple property crimes, including burglary, grand theft, robbery, attempted kidnapping, false imprisonment, and possession of cocaine, along with charges involving a firearm and a First Degree Murder.

The offence

On 08/22/88, Pietri broke into a house and stole items including a 9-mm semiautomatic and a .38-caliber revolver.

Preceding the burglary, Pietri was driving a stolen silver pickup truck. A witness saw a man (later identified as Pietri) driving a silver pickup truck speed past Officer Chappell. Officer Chappell was on his motorcycle patrolling for speeding motorists. After being followed by Officer Chappell for approximately one mile, Pietri stopped the truck.

Witnesses stated that Officer Chappell approached the truck with his gun in his holster. The officer was shot once in the chest within two to four feet of the truck. Officer Chappell radioed that he had been shot. When the first officer arrived on the scene, he stated that Officer Chappell’s gun was still in its holster, but that the holster had been unsnapped. The shot resulted in Officer Chappell’s death.

Pietri left the scene and drove to his nephew’s house. He disposed of the truck by dumping it into a canal off the Florida Turnpike. Pietri’s fingerprint was found on the inside of the driver’s window.

After that, on 08/24/88, Pietri stole another car. An officer, who was not in uniform, identified Pietri. Pietri threatened to shoot the officer and proceeded to escape.

Later that same evening, Pietri stole a car from the driveway of a young couple. The wife was seated in the driver’s seat while the husband had returned to the home to retrieve something. Pietri jumped into the car and demanded that the wife drive. He said, “Drive, or I’ll shoot you.” When she hesitated, Pietri pushed her out of the car and started to drive away. Pietri did slow down to allow the husband to take the couple’s child from the back seat.

A police officer spotted the stolen car. Pietri stopped the car and motioned for the officer to approach the car. As the officer approached with his gun drawn, Pietri sped away. A car chase that involved speeds of over 100 mph took place until Pietri lost control of the car. Pietri then jumped out of the car and proceeded to run away. While running, he reached in his pants, pulled out a bag of cocaine, and placed it in his mouth.

An officer caught up with Pietri and arrested him.

A forensic examiner testified that Officer Chappell was shot from a distance of three to eight feet and that the 9-mm bullet that killed Officer Chappell matched the casings of the bullets provided from the stolen firearms.

Investigation

A witness reported seeing at least one person push a silver or gray truck into a canal along Florida's Turnpike. Police later said Pietri had dumped the pickup, taken a cab to the home of a friend, and had the friend order a pepperoni pizza.

Investigators were able to lift a fingerprint from the truck. Police later said the pickup was dumped and then a search ensued for Pietri. Police said he was the prime suspect by Wednesday morning, two days after the shooting.

Arrest

At about 6:30 p.m., a detective saw him driving a stolen Toyota to his sister's house near Palm Springs. Pietri, barefoot, bolted as officers surrounded the house. He led them through back yards and over fences, and at one point leaping from a tree onto an off-duty Lake Worth officer.

Pietri jumped into a Honda Accord and pushed his way into the driver seat, ordering out a couple and their 5-year-old son. About an hour later, he wrecked the car in Delray Beach after a chase that reached 120 mph.

As police surrounded him in the parking lot of a synagogue, he stuck a hand inside his boxer shorts. An officer raised his semiautomatic pistol and was about to pull the trigger. Instead of a gun, Pietri pulled out a bag of cocaine and put it in his mouth. Later that same evening, photographers were at the county jail for a "perp walk." Pietri remained on Death Row after his conviction and sentencing.

Trial

Pietri was indicted on 09/22/88 on the following counts:

• Count I: Escape
• Count II: Burglary (Auto)
• Count III: Grand Theft (Auto)
• Count IV: Burglary (Dwelling)
• Count V: Grand Theft
• Count VI: Possession of a Firearm During the Commission of a Felony
• Count VII: First Degree Murder
• Count VIII: Possession of a Firearm During the Commission of a Felony
• Count IX: Possession of a Firearm by a Convicted Felon
• Count X: Burglary (Auto)
• Count XI: Grand Theft (Auto)
• Count XII: Robbery (Strongarm)
• Count XIII: Grand Theft (Auto)
• Count XIV: Attempted Kidnapping
• Count XV: False Imprisonment
• Count XVI: Possession of Cocaine

The jury returned guilty verdicts on all counts of the indictment, excluding Count IX. On 02/23/90, the jury recommended death by a vote of 8-4.

Pietri’s trial counsel was William Hennis, and Pietri’s direct appeal counsel was Peter Birch. Collateral appeals included William Hennis & Celeste Bacchi.

Assistant State Attorney Charles Burton told jurors not to buy the defense position that cocaine affected Pietri.

The defense attorney Peter Birch said cocaine “turned him into a monster.”

At sentencing, Judge Marvin Mounts told Pietri that his was not an act of remorse, just a ploy to save his skin. Pietri had stood and faced Chappell's parents and said, “I'm very, very sorry. I'm very, very sorry.”

A quote attributed to Pietri during the events included: “my intentions were to pull over and run” and “I grabbed the gun, stuck my head out the window and shot. I froze for about five seconds and took off at full speed.”

A witness testified that the officer “put his hand on his chest and said, 'Oh, my God.' ”

Officer Chappell’s last four words were “Officer shot. Officer shot.”

Sentencing

On 03/15/90, the court sentenced Pietri as follows:

• Count I: Escape — 15 years consecutive to any active sentence being served and consecutive to Counts 2-5, 7, 10-12, 14 and 16.
• Count II: Burglary (Auto) — 5 years concurrent with Count 3 and consecutive to Counts 1, 4, 5, 7, 10-12, 14, and 16.
• Count III: Grand Theft (Auto) — 5 years concurrent with Count 2 and consecutive to Counts 1, 4, 5, 7, 10-12, 14,and 16.
• Count IV: Armed Burglary (Dwelling) — Life concurrent with Count 5 and consecutive to Counts 1-3, 7, 10-12,14, and 16.
• Count V: Grand Theft — 5 years concurrent with Count 4 and consecutive to Counts 1-3, 7, 10-12, 14, and 16.
• Count VII: First Degree Murder - Death.
• Count VIII: Possession of a Firearm During the Commission of a Felony — nolle prossed.
• Count X: Burglary — 5 years concurrent with Count 11 and consecutive to Counts 1-3, 7, 12, 14, and 16.
• Count XI: Grand Theft (Auto) — 5 years concurrent with Count 10 and consecutive to Counts 1-5, 7, 12, 14, and 16.
• Count XII: Robbery (Strongarm) — 15 years concurrent with Count 14 and consecutive to Counts 1-5, 7, 10, 11,and 16.
• Count XIII: Grand Theft (Auto) — nolle prossed.
• Count XIV: Attempted Kidnapping — 15 years concurrent with Count 12 and consecutive to Counts 1-5, 7, 10-12, and 16.
• Count XV: False Imprisonment — nolle prossed.
• Count XVI: Possession of Cocaine — 5 years consecutive to Counts 1-5, 7, and 14.

As part of a stipulation between the State and the defense, Pietri was not adjudicated or sentenced for three counts and nolle prossed on one count.

Appeals

Pietri filed a Direct Appeal to the Florida Supreme Court on 04/20/90. He raised 19 issues in the appeal related to his death sentence mainly pertaining to jury selection, pretrial motions, and jury-sentencing instructions. The issues were found to have no merit or error, not preserved for review, or not supported by the evidence.

The Court vacated the sentences for the noncapital crimes and remanded for resentencing because guideline score sheets were not prepared. The Court affirmed Pietri’s convictions and death sentence on 09/29/94. The rehearing was denied on 11/22/94, and the mandate was issued on 12/22/94.

Pietri filed a Petition for Writ of Certiorari to the United States Supreme Court on 04/21/95. The Petition was denied on 06/19/95.

Pietri filed a 3.850 Motion to the Circuit Court on 03/17/97, which was denied on 08/27/02. Pietri filed a 3.850 Appeal to the Florida Supreme Court on 10/31/02. On 08/26/04, the Court affirmed the denial of his 3.850 Motion.

Pietri filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 06/11/03, which was denied on 08/26/04.

Pietri filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District on 12/23/04. The petition is currently pending.

Outcome

Pietri was sentenced to death on 03/15/90 for First Degree Murder. His death sentence was affirmed by the Florida Supreme Court on 09/29/94.

The Court affirmed Pietri’s convictions and death sentence.

Aftermath

Officer Chappell was identified as Brian Chappell, a West Palm Beach police officer. Tom Chappell was described as around retirement age when his son died on Aug. 22, 1988. Tom Chappell feared he would never see Pietri executed.

The narrative included that Pietri confessed to shooting Chappell and remained on Death Row. It also described that Pietri filed appeals and waited out moratoriums on executions.

It reported that Chappell was pronounced dead at 11:26 a.m. after an ambulance raced him to Good Samaritan Hospital.

Police Chief Billy Riggs and the family priest visited the home after the shooting. A reward was up to $10,000 by the end of the week.

A named officer, Delsa Bush, was described as West Palm Beach's police chief, and she was described as having talked marriage with Brian Chappell and having planned to say yes; it was said that in 2003 she stated: "It was difficult to come back to work after all that," and "You lose somebody and you start to wonder if it's really worth losing your life. And you start thinking about your own mortality."

Tom Chappell stated: "The appeals process is way too long," and "I felt this way before my son was killed." Chappell also stated: "I would forgive him if he would bring my son back."

Case information

• Name: Norberto Pietri
• Also known as: “Spiderman”
• DOB: 03/13/63
• Court and county: Fifteenth Judicial Circuit, Palm Beach County
• Case number: 88-11366-CF
• Sentencing judge: The Honorable Marvin U. Mounts, Jr.
• Sentencing date: 03/15/90
• Date of offense: 08/22/88
• Trial date: 09/22/88
• Direct appeal filed: 04/20/90 to Florida Supreme Court
• Rehearing denied: 11/22/94
• Mandate issued: 12/22/94
• U.S. Supreme Court certiorari petition filed: 04/21/95
• Petition denied by U.S. Supreme Court: 06/19/95
• 3.850 motion filed: 03/17/97
• 3.850 motion denied: 08/27/02
• 3.850 appeal filed: 10/31/02
• Florida Supreme Court 3.850 appeal decision: 08/26/04 (affirmed denial)
• Habeas petition filed to Florida Supreme Court: 06/11/03
• Florida Supreme Court habeas denied: 08/26/04
• Habeas petition filed to U.S. District Court (Southern District): 12/23/04 (pending)
• Florida Supreme Court opinion number: 75844
• Opinion identifiers: SC02-2314 & SC03-1044
• DC# 096867

Other details

The case narrative included that Pietri was waiting out moratoriums on executions and that a report about Pietri described him as a “cop killer” and noted multiple slain officers from Palm Beach, Martin and St. Lucie counties.

The narrative included that Brian Chappell’s ex-wife called and was hysterical after the shooting.

A reported statement attributed to Ralph Galan, then 13, included: the officer “put his hand on his chest and said, 'Oh, my God.' ”

A reported description of the officer’s radio transmission included that Officer Chappell radioed “Officer shot. Officer shot.”