Dusty Ray Spencer

Background

Dusty Ray Spencer (DOB: 02/13/52) was convicted and sentenced to death for the murder of his wife, Karen Spencer. Karen Spencer asked her husband to move out of their home early in December 1991.

The offence

On 12/10/91, Dusty Spencer questioned Karen about money that she had withdrawn from the banking account for their painting business. This argument led to a physical altercation in which Dusty Spencer choked, hit, and threatened to kill Karen. Karen Spencer called the police, and the police subsequently arrested Dusty Spencer. Dusty Spencer later called and threatened Karen from jail.

Karen Spencer requested that Dusty Spencer spend the holidays at their home, but asked him to leave after Christmas. On New Year’s Day, Dusty told friends that he had considered throwing Karen off of his boat, in order to drown her.

On 01/04/92, Dusty Spencer again went to Karen’s home, and they fought. During the fight, Timothy Johnson, Karen’s son, awoke and went into his mother’s bedroom where Dusty and Karen Spencer were fighting. According to Johnson, Dusty was on top of Karen and was hitting her with a clothes iron. When Johnson intervened, Dusty hit him with the clothes iron as Johnson retreated to his bedroom.

Karen Spencer fled the home to find help. Johnson tried to call for help, but Dusty Spencer pulled the phone out of the wall. Dusty Spencer then fled the house and left town. Karen Spencer and Timothy Johnson were taken to the hospital, and a physician confirmed that Karen’s wounds were consistent with being struck by a clothes iron.

On 11/18/92, Timothy Johnson heard fighting in the backyard. Johnson retrieved a firearm from his mother’s bedroom and went outside. Once outside, Johnson saw Dusty Spencer hitting his mother with a brick. Johnson observed blood on Karen Spencer’s face.

Johnson reported that he tried to shoot Dusty Spencer, but the firearm misfired. Johnson then hit Spencer in the head with the butt of the firearm. Dusty then pulled up Karen’s nightgown and made lewd comments and slammed Karen’s head against a concrete wall. Karen was begging Dusty to stop, and Johnson tried to help his mother get away from Dusty.

Dusty threatened Johnson with a knife; therefore, Johnson ran to a neighbor’s home to find help. The police were called. Upon arrival, the police found the dead body of Karen Spencer. The police determined that she had been stabbed four or five times in the chest. She also had suffered blunt force trauma to the head and defensive cuts to the hands and arms.

Investigation

The police determined that Karen Spencer had been stabbed four or five times in the chest and had suffered blunt force trauma to the head and defensive cuts to the hands and arms.

Arrest

The police subsequently arrested Dusty Spencer after Karen Spencer called the police following the 12/10/91 altercation.

Trial

Timeline

• 02/06/92 — Dusty Spencer was indicted.
• 11/07/92 — Spencer was found guilty on Counts I, II, and IV, and found guilty on the lesser charge for Count III.
• 12/09/92 — The jury voted 7 to 5 for the death penalty.
• 12/21/92 — Spencer was sentenced.
• 09/22/94 — The Florida Supreme Court affirmed the convictions, reversed the death sentence, and remanded for reconsideration.
• 12/06/94 — Rehearing was denied.
• 01/05/95 — A mandate was issued.
• 01/18/95 — Spencer was resentenced to death.
• 02/07/95 — Spencer filed a second direct appeal in the Florida Supreme Court.
• 09/12/96 — The Florida Supreme Court affirmed the conviction and sentence.
• 04/14/97 — Rehearing was denied.
• 05/14/97 — A mandate was issued.
• 07/14/97 — Spencer filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/06/97 — The petition was denied.
• 07/16/98 — Spencer filed a 3.850 Motion in the circuit court.
• 04/24/00 — The 3.850 Motion was denied.
• 05/15/00 — Spencer filed a 3.850 Appeal in the Florida Supreme Court.
• 04/11/02 — The Florida Supreme Court affirmed the denial of the 3.850 motion.
• 01/09/03 — The Florida Supreme Court withdrew the 04/11/02 opinion and substituted a revised opinion; rehearing was denied.
• 03/25/03 — Rehearing was denied.
• 04/24/03 — A mandate was issued.
• 12/18/00 — Spencer filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 04/11/02 — The petition was denied.
• 01/09/03 — Rehearing was denied.
• 03/25/03 — Rehearing was denied.
• 04/24/03 — A mandate was issued.
• 07/17/03 — Spencer filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District.
• 10/14/03 — Spencer filed an amended petition in the United States District Court, Middle District.

Indictment and counts

Spencer was indicted on 02/06/92 on the following counts:

• Count I: First-Degree Murder
• Count II: Aggravated Assault without a Weapon
• Count III: Attempted First-Degree Murder
• Count IV: Aggravated Battery

Verdicts

On 11/07/92, Spencer was found guilty on Counts I, II, and IV. Spencer was found guilty of the lesser charge of Attempted Second-Degree Murder for Count III.

Sentencing

On 12/09/92, upon advisory sentencing, the jury voted for the death penalty by a 7 to 5 majority.

On 12/21/92, Spencer was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Aggravated Assault without a Weapon — 5 years, less 338 days for time served
• Count III: Attempted First-Degree Murder — 15 years, less 338 days for time served
• Count IV: Aggravated Battery — 15 years, less 338 days for time served

Sentencing Judge: The Honorable Belvin Perry.

Appeals

Direct appeal (1st and 2nd)

On 09/22/94, the Florida Supreme Court affirmed the convictions but reversed the sentence of death and remanded for reconsideration by the trial judge.

Rehearing was denied on 12/06/94, and a mandate was issued on 01/05/95.

On remand, the judge heard arguments from the defense and prosecution, and Spencer was resentenced to death on 01/18/95.

Spencer filed his second direct appeal in the Florida Supreme Court on 02/07/95. The Florida Supreme Court affirmed the conviction and sentence on 09/12/96 and denied rehearing on 04/14/97. A mandate was issued on 05/14/97.

United States Supreme Court certiorari

On 07/14/97, Spencer filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 10/06/97.

Collateral appeals and habeas corpus

On 07/16/98, Spencer filed a 3.850 Motion in the circuit court. The motion was denied on 04/24/00. On 05/15/00, Spencer filed a 3.850 Appeal in the Florida Supreme Court arguing prosecutorial misconduct, ineffective trial counsel, and a Brady Error. The Florida Supreme Court did not find errors warranting reversing the 3.850 denial and affirmed it on 04/11/02.

On 01/09/03, the Florida Supreme Court withdrew the 04/11/02 opinion and substituted it with a revised opinion. It again affirmed the 3.850 denial, and rehearing was denied on 01/09/03 and 03/25/03. A mandate was issued on 04/24/03.

On 12/18/00, Spencer filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court arguing the death penalty was unconstitutional and appellate counsel was ineffective. The Florida Supreme Court did not find errors warranting granting the petition and denied it on 04/11/02. On 01/09/03, it withdrew the 04/11/02 opinion and substituted a revised opinion, again denying the petition. Rehearing was denied on 01/09/03 and 03/25/03, and a mandate was issued on 04/24/03.

On 07/17/03, Spencer filed a Petition for Writ of Habeas Corpus and on 10/14/03 filed an amended petition in the United States District Court, Middle District. The petition is pending.

Outcome

Spencer was sentenced to death on 12/21/92 and resentenced to death on 01/18/95 after the Florida Supreme Court reversed the initial death sentence and remanded for reconsideration. The Florida Supreme Court later affirmed the conviction and sentence.

Other details

Supreme Court of Florida: opinion 80987; opinion 85119; SC00-1051; DC# 321031. Ninth Judicial Circuit, Orange County. Case #92-0473. Trial attorneys: Donald T. Smallwood and Richard Nick Kelley — Private Attorney. Direct appeal (1st and 2nd): James R. Wulchak — Assistant Public Defender. Collateral appeals: Eric Pinkard and James L. Driscoll, Jr. — CCRC-M. Date of offence: 01/18/92. Date of sentence: 12/21/92. Date of resentence: 01/18/95. Resentencing judge: The Honorable Belvin Perry. Rehearing denials: 12/06/94 (direct appeal remand); 01/09/03 and 03/25/03 (3.850); 01/09/03 and 03/25/03 (habeas corpus).