Michael Shellito

Case information

Michael Shellito was tried in the Fourth Judicial Circuit, Duval County, in Case #95-1449-CF. The sentencing judge was The Honorable R. Hudson Olliff. Refik Eler – Esquire represented Shellito at trial. Nada M. Carey – Assistant Public Defender represented Shellito on direct appeal. Linda McDermott – Registry handled collateral appeals. The Supreme Court of Florida opinion was 86931 (DC# 302491). Shellito’s date of birth was 10/07/75.

Timeline

• 08/30/94 — A group of people, including Shellito, gathered at the home of Stephen Gill; Shellito left the gathering and returned approximately an hour later.
• 08/31/94 — Sean Hathorne died after being shot in the chest.
• 08/31/94 — Near midnight on 08/30/94, a firearm was stolen from Kevin Keyes’s automobile.
• 08/31/94 — Around 4:00 a.m., Shellito and Gill drove Gill’s girlfriend home in a white truck belonging to Gill’s mother.
• 08/31/94 — Michael Green heard a popping noise; he observed the victim standing near a white truck turn, run, and then fall down; Green called the police; the police found the body of Sean Hathorne near Green’s front fence.
• 08/31/94 — Around 5:30 a.m., Shellito and Gill arrived back at Gill’s apartment.
• 09/01/94 (early morning hours) — During a police raid of Gill’s apartment, Shellito unsuccessfully tried to escape through a window, pointed a firearm at an officer, and the officer shot and injured Shellito.
• 09/01/94 — Trial summary date: Shellito was arrested.
• 02/09/95 — Shellito was indicted.
• 07/21/95 — Shellito was found guilty on Count I of the indictment.
• 08/21/95 — Upon advisory sentencing, the jury voted for the death penalty by an 11 to 1 majority.
• 10/20/95 — Shellito was sentenced; direct appeal filings followed later.
• 12/01/95 — Shellito filed his Direct Appeal in the Florida Supreme Court.
• 09/11/97 — The Florida Supreme Court affirmed the conviction and sentence.
• 11/26/97 — Rehearing was denied.
• 12/29/97 — A mandate was issued.
• 02/23/98 — Shellito filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 04/20/98 — The petition was denied.
• 04/20/99 — Shellito filed a 3.850 Motion in the Duval County Circuit Court.
• 06/22/99 — An amended motion was filed.
• 03/31/03 — An amended motion was filed.
• 03/04/05 — An amended motion was filed.

Background

In the early morning hours of 08/31/94, Sean Hathorne, the 18-year-old victim, died from being shot in the chest. Near midnight on 08/30/94, a group of people, including Shellito, had gathered at the home of Stephen Gill. Shellito left the gathering and returned approximately an hour later.

The offence

Shooting and killing of Sean Hathorne

After returning to Gill’s residence, Shellito showed a .9-mm-firearm to Ricky Bays, one of the other people at Gill’s residence. Shellito and Gill later drove Gill’s girlfriend home in a white truck that belonged to Gill’s mother. Near Gill’s girlfriend’s residence, Shellito wanted to get out of the truck because he needed to “talk to someone.” Gill stopped so that Shellito could get out and left to take his girlfriend home.

About the same time, Michael Green heard a popping noise coming from in front of his home and looked outside. Green observed the victim, who was standing near a white truck, turn, run, and then fall down. Green called the police. When the police arrived, they found the body of Sean Hathorne near Green’s front fence.

Around 5:30 a.m., Shellito and Gill arrived back at Gill’s apartment. Shellito told Ricky Bays that he shot a man after concluding that the man did not have any money. Shellito did not indicate whether Gill was involved in the shooting.

Additional conduct: robbery with a firearm

Kevin Keyes, who lived only a few miles from Gill, reported that a firearm was stolen from his automobile that night. In conjunction with the First-Degree Murder of Sean Hathorne, Shellito was also charged with two counts of Robbery with a Firearm on 08/31/94 and received two 35 years sentences.

Escape attempt and aggravated assault on a law enforcement officer

Later that evening, people again gathered at Gill’s residence. During this time, Shellito described the murder to several other people, including Lateria Copeland and Theresa Ritzer.

Later that night, during the early part of 09/01/94, the police raided Gill’s apartment. Shellito unsuccessfully tried to escape the apartment through a window. He then pointed a firearm at an officer, who shot and injured Shellito. The gun was taken from Shellito, and he was arrested. Shellito was sentenced to 30 years for aggravated assault of a law enforcement officer for trying to escape through a window.

Investigation

The gun was matched to a shell casing from the murder scene and to the firearm stolen from Kevin Keyes.

During the trial, Shellito said that Gill was responsible for the murder. Shellito’s mother testified that Gill had admitted to her that he had killed Hathorne, and Shellito’s father claimed to have overheard this conversation. Shellito’s mother claimed to have told a court representative about this confession; however, no one could verify this claim.

Arrest

During the police raid of Gill’s apartment in the early part of 09/01/94, Shellito unsuccessfully tried to escape through a window, pointed a firearm at an officer, and the officer shot and injured Shellito.

Trial

Shellito was indicted on 02/09/95 on:

• Count I: First-Degree Murder

On 07/21/95, Shellito was found guilty on Count I.

On 08/21/95, upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

Sentencing

On 10/20/95, Shellito was sentenced as follows:

• Count I: First-Degree Murder — Death

In addition to the death sentence for the murder of Sean Hathorne, Shellito received:

• Two 35 years sentences for two counts of Robbery with a Firearm on 08/31/94.
• 30 years for aggravated assault of a law enforcement officer committed during the early morning raid of Stephen Gill’s apartment on 09/01/94 when Shellito tried to escape through a window.

Appeals

Direct appeal

Shellito filed his Direct Appeal in the Florida Supreme Court on 12/01/95. He raised several issues on Direct Appeal:

• that the trial court erred in admitting evidence of Shellito trying to escape arrest
• that the prosecutor denied him a fair trial by making inflammatory remarks
• that the aggravating and mitigating factors were improperly evaluated

The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 09/11/97. Rehearing was denied on 11/26/97. A Mandate was issued on 12/29/97.

Petition for writ of certiorari

Shellito filed a Petition for Writ of Certiorari in the United States Supreme Court on 02/23/98. The petition was denied on 04/20/98.

Collateral review (3.850 motion)

Shellito filed a 3.850 Motion in the Duval County Circuit Court on 04/20/99. An amended motion was filed on 06/22/99, 03/31/03, and 03/04/05. The motion was currently pending.

Outcome

Shellito’s conviction and sentence were affirmed by the Florida Supreme Court on 09/11/97, and rehearing was denied on 11/26/97. The United States Supreme Court denied the petition for writ of certiorari on 04/20/98. The 3.850 motion remained pending after amended motions filed on 06/22/99, 03/31/03, and 03/04/05.

Other details

• The victim was Sean Hathorne, age 18.
• Shellito showed a .9-mm-firearm to Ricky Bays.
• Shellito’s arrest occurred during the raid of Stephen Gill’s apartment in the early part of 09/01/94.
• Shellito described the murder to Lateria Copeland and Theresa Ritzer.