Merrit Alonso Sims

Case information

Merrit Alonso Sims was indicted in the 11th Judicial Circuit, Dade County, Case #91-22048. The case reflected Florida Supreme Court opinion 83612, opinion SC04-1879, DC# 436015. Sims was born 08/10/66.

Background

Merrit Sims had prior incarceration history in the State of Florida. On 11/14/90, he was convicted of Robbery with a Firearm and Grand Theft with a Firearm and sentenced to two years and six months. Sims was released on 04/16/91.

The offence

On 06/11/91, Miami Springs Police Officer Charles Stafford pulled over Merrit A. Sims because Stafford believed that Sims was driving a stolen car. While Stafford was in the process of handcuffing Sims, Sims hit the officer in the head with his police radio and took Stafford’s firearm away from him. Sims shot Stafford with the firearm twice.

After the shooting, Sims drove to a park and threw the firearm into a river. The next day, Sims found a friend to cut off the handcuffs.

Sims traveled to California by bus to find his ex-girlfriend and two children, and Sims subsequently was arrested. Sims confessed to killing Officer Stafford; however, he said that the act was in self-defense.

Sims waived extradition and was returned to Florida to stand trial.

Investigation

The case included the circumstances of Sims striking Officer Charles Stafford with a police radio, taking Stafford’s firearm, shooting Stafford twice, and then throwing the firearm into a river. The case also included that Sims found a friend to cut off the handcuffs the next day.

Arrest

Sims traveled to California by bus to find his ex-girlfriend and two children and was subsequently arrested.

Trial

On 07/17/91, Sims was indicted on the following counts:

• Count I: First-Degree Murder of a Law Enforcement Officer
• Count II: Armed Robbery
• Count III: Unlawful Possession of a Firearm by a Convicted Felon

On 07/18/91, Sims entered a not guilty plea.

On 01/12/94, the jury returned guilty verdicts for Counts I, II, and III.

On 02/04/94, upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.

Sentencing was conducted by The Honorable Thomas Carney. The trial attorneys were Clinton Pitts and Author Carter (Private Attorney). Direct appeal counsel was Christina A. Spaulding (Assistant Public Defender). Collateral appeals counsel was Benjamin S. Waxman (Private).

Sentencing

On 03/18/94, Sims was sentenced as follows:

• Count I: First-Degree Murder of a Law Enforcement Officer — Death
• Count II: Armed Robbery — 75 years, less 981 days for time served
• Count III: Unlawful Possession of a Firearm by a Convicted Felon — Nolle Prossed

Appeals

Merrit Alonso Sims filed his Direct Appeal in the Florida Supreme Court on 04/27/94. Sims raised several issues on appeal, including that the defense was not allowed to rebut the testimony of a prosecution witness, and that the trial court allowed the prosecution to act improperly. Sims also argued that the mitigating and aggravating factors were not sufficiently reviewed.

The Florida Supreme Court did not find a basis for reversal of the conviction or sentence. The Florida Supreme Court affirmed the conviction and sentence on 07/18/96. Rehearing was denied on 10/24/96. A Mandate was issued 11/25/96.

On 01/28/97, Sims filed a Petition for Writ of Certiorari in the United States Supreme Court. The United States Supreme Court denied the petition on 04/28/97.

Collateral proceedings

Sims filed a 3.850 Motion in the Circuit Court on 04/07/98 and an amended motion on 06/28/99. The motion was denied on 07/30/04.

A separate post-conviction development described that on July 12, 2007, the Florida Supreme Court vacated Sims' convictions and sentence and remanded the case to be re-tried in Miami-Dade County court. The Florida Supreme Court ruling included: "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."

The post-vacatur description also stated that the new trial was scheduled to start in July and would be heard by Judge John W. Thornton.

Outcome

Merrit Alonso Sims was convicted and sentenced to death for the murder of law enforcement officer Charles Stafford. The Florida Supreme Court affirmed the conviction and sentence on 07/18/96 and rehearing was denied on 10/24/96 with a mandate issued on 11/25/96. The United States Supreme Court denied the petition for a writ of certiorari on 04/28/97. Sims’ 3.850 motion was denied on 07/30/04. The Florida Supreme Court later vacated the convictions and sentence on July 12, 2007 and remanded the case for re-trial in Miami-Dade County court.

Timeline

• 11/14/90 — Sims was convicted of Robbery with a Firearm and Grand Theft with a Firearm and sentenced to two years and six months.
• 04/16/91 — Sims was released.
• 06/11/91 — Officer Charles Stafford pulled over Sims; Sims struck Stafford with a police radio, took Stafford’s firearm, and shot Stafford twice; Sims later threw the firearm into a river.
• 07/17/91 — Sims was indicted (Counts I–III).
• 07/18/91 — Sims entered a not guilty plea.
• 01/12/94 — The jury returned guilty verdicts for Counts I, II, and III.
• 02/04/94 — The jury voted for the death penalty (8 to 4).
• 03/18/94 — Sims was sentenced to death for Count I; Count II was 75 years less 981 days for time served; Count III was Nolle Prossed.
• 04/27/94 — Sims filed his Direct Appeal in the Florida Supreme Court.
• 07/18/96 — The Florida Supreme Court affirmed the conviction and sentence.
• 10/24/96 — Rehearing was denied.
• 11/25/96 — A mandate was issued.
• 01/28/97 — Sims filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 04/28/97 — The United States Supreme Court denied the petition.
• 04/07/98 — Sims filed a 3.850 Motion in the Circuit Court.
• 06/28/99 — Sims filed an amended 3.850 motion.
• 07/30/04 — The 3.850 motion was denied.
• 07/12/07 — The Florida Supreme Court vacated Sims' convictions and sentence and remanded the case for re-trial in Miami-Dade County court.

Other details

The post-vacatur description included that as Officer Stafford was handcuffing Sims, Sims struck the officer in the head with his police radio, robbed him of his police pistol, and shot him twice. It also included that Sims admitted shooting Stafford, but asserted from the outset that he had done so in self-defense after Officer Stafford had choked him, used racial epithets and repeatedly threatened to kill him. It also described that Sims sat on death row for the next 13 years and that he was 43 and of Liberty City at the time of the 1994 sentencing.