John Buzia

Overview

John Buzia was sentenced to death on March 11, 2004.

Timeline

• 03/14/00 — John Buzia did not arrive at the Charles and Thea Kersch residence to work as scheduled and later stated he intended to resolve a “money issue” by stealing money from them.
• 03/14/00 (around 4:00) — Thea Kersch arrived at her residence and Buzia was waiting for her; after a brief conversation he struck her, causing bleeding from her nose, knocked her down, kicked her, and she lost consciousness.
• 03/14/00 — Buzia took Mrs. Kersch’s keys, removed $80 from her purse, dragged her into the back bedroom, covered her with a blanket, removed a Mastercard from her purse, struck Charles Kersch when he entered through the garage entrance, removed $100 from his wallet, took an axe from the garage, struck Mr. Kersch once in the head with the flat side of the axe, then struck Mrs. Kersch once in the head with the flat side of the axe after hearing her groaning.
• 03/14/00 — Mrs. Kersch called 911 after Buzia’s initial attack; a sheriff’s deputy responded after Buzia fled.
• 03/14/00 — Paramedics treated Mrs. Kersch for her injuries; Charles Kersch died from blunt force trauma to his head.
• 03/15/00 (the following morning) — Buzia was arrested while attempting to cash an $830 check from Mr. Kersch’s account; bank employees recognized the car’s description and license plate and police arrested Buzia at the bank.
• 04/04/00 — John Buzia was indicted on: Count I First-Degree Murder; Count II Attempted First-Degree Murder; Count III Armed Burglary with Assault; Count IV Armed Robbery.
• 03/28/03 — The jury returned guilty verdicts on all counts of the indictment.
• 04/04/03 — The jury recommended death by a vote of 8-4.
• 03/11/04 — The court sentenced Buzia: Count I First-Degree Murder—Death; Count II Attempted First-Degree Murder—Life Imprisonment; Count III Armed Burglary with Assault—Life Imprisonment; Count IV Armed Robbery—Life Imprisonment.
• 04/01/04 — Buzia filed a direct appeal in the Florida Supreme Court.
• 03/23/06 — The Florida Supreme Court affirmed the convictions and sentences.
• 06/21/06 — Buzia filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 10/02/06 — The U.S. Supreme Court denied the petition.
• 08/30/07 — Buzia filed a Motion for Post-Conviction Relief in the State Circuit Court, which remained pending.

Background

John Buzia performed odd jobs around the residence and rental properties of Charles and Thea Kersch. On the morning of 03/14/00, he did not arrive at the Kersch residence to work as scheduled.

The offence

During a later police interview, Buzia stated that he intended to resolve a “money issue” with the Kersches by stealing money from them.

When Mrs. Kersch arrived at her residence around 4:00 on 03/14/00, Buzia was waiting for her. He told her that he needed to talk to her husband. After a brief conversation and without warning, Buzia struck Mrs. Kersch several times with his fist, causing blood to spray from her nose. After he knocked her down, he kicked her, and she lost consciousness.

Buzia took her keys and removed $80 from her purse, then dragged her into the back bedroom and covered her with a blanket. He then searched the house and removed a Mastercard from her purse. Buzia heard the garage door open and assumed that Mr. Kersch had arrived.

As Mr. Kersch entered the house through the garage entrance, Buzia struck him with his fist, causing Mr. Kersch to fall to the floor and hit his head on the tile. Mr. Kersch attempted to rise, Buzia struck him again with his fist, and Mr. Kersch again fell to the floor. Buzia removed $100 from Mr. Kersch’s wallet.

Buzia removed an axe (either single or double-edged) from the garage and struck Mr. Kersch once in the head with the flat side of the axe. After hearing Mrs. Kersch groaning from the back bedroom, Buzia went to the back bedroom and also struck her once in the head with the flat side of the axe.

During police questioning after his arrest, Buzia claimed that he struck the Kersches with the axe to allow himself more time to escape.

After attempting to clean up the house, Buzia took Mr. Kersch’s car keys and one of his t-shirts. Buzia then changed shirts and drove away in Mr. Kersch’s car.

Investigation and arrest

Mrs. Kersch had called 911 after Buzia’s initial attack, and a sheriff’s deputy responded after Buzia fled. Mrs. Kersch identified Buzia as the attacker. Paramedics later arrived and treated Mrs. Kersch for her injuries, but Mr. Kersch died from blunt force trauma to his head.

The following morning, Buzia was arrested as he attempted to cash an $830 check from Mr. Kersch’s account. Bank employees recognized the car’s description and license plate from television and newspaper reports regarding the Kersch’s missing car and called police, who arrested Buzia at the bank.

Trial

Charges and indictment

John Buzia was indicted on 04/04/00:

• Count I: First-Degree Murder
• Count II: Attempted First-Degree Murder
• Count III: Armed Burglary with Assault
• Count IV: Armed Robbery

Verdicts and recommendation

On 03/28/03, the jury returned guilty verdicts on all counts of the indictment. On 04/04/03, the jury recommended death by a vote of 8-4.

Sentencing

On 03/11/04, Buzia was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Attempted First-Degree Murder — Life Imprisonment
• Count III: Armed Burglary with Assault — Life Imprisonment
• Count IV: Armed Robbery — Life Imprisonment

Appeals and post-conviction

Buzia filed a direct appeal in the Florida Supreme Court on 04/01/04, citing the following errors:

• finding the aggravating circumstances of avoiding arrest
• finding HAC (heinous, atrocious, cruel)
• finding CCP (cold, calculated, premeditated)
• finding that the death penalty is warranted
• using a sentencing procedure that violates Ring

On 03/23/06, the Florida Supreme Court affirmed the convictions and sentences. Buzia filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 06/21/06, which was denied on 10/02/06.

On 08/30/07, Buzia filed a Motion for Post-Conviction Relief in the State Circuit Court, which remained pending.

Other details

• Name: John Buzia
• Date of birth: 06/06/60
• Florida Supreme Court opinion: SC04-582
• Date of offense: 03/14/00
• Date of sentence: 03/11/04
• Eighteenth Judicial Circuit, Seminole County; Case # 00-923
• Sentencing Judge: The Honorable Kenneth Lester
• Attorney, Trial: Timothy Caudill & James Figgatt — Assistant Public Defender
• Attorney, Direct Appeal: George D.E. Burden — Assistant Public Defender
• Collateral Appeals: Maria DeLiberato — CCRC-M
• The proceedings included: Count I First-Degree Murder, Count II Attempted First-Degree Murder, Count III Armed Burglary with Assault, Count IV Armed Robbery.