Jason Stephens

Case details

Jason Stephens was sentenced to death for the murder of 3-year-old Robert Sparrow III.

The offence

On 06/02/97, Jason Stephens and several accomplices broke into the home of Robert Sparrow, Jr. Stephens refused to name his accomplices. Horace Cummings turned himself in to authorities as one of the accomplices. The police never apprehended the other accomplices.

Stephens claimed that he went with his accomplices, including Horace Cummings, to the Sparrow home to buy drugs, and that he did not know about his accomplices’ plans to commit the robbery. Testimony at trial stated that Stephens came into the home carrying a 9-mm firearm.

Stephens was standing next to 3-year-old Robert Sparrow III and Consuelo Brown, Sparrow’s mother. Brown confronted Stephens, who hit her in the face with the firearm. Stephens then shot a bullet into the floor to prove that the firearm was loaded and demanded money and marijuana.

Stephens told Robert Sparrow Jr. to give him the keys to the blue car parked near the house, but Sparrow did not have the car keys. Stephens told all of the hostages, which included Robert Sparrow III, Robert Sparrow Jr., Consuelo Brown, Kahari Brown, Tracey Williams, Derrick Hosea Dixon and Tammy Cobb, to lie on the ground. An unknown man held the hostages at gunpoint while Stephens looked around the home for a room in which to put the hostages.

Stephens chose the bathroom and made the hostages crawl to the bathroom. David Cobb, Robert Sparrow Jr.’s half brother and his friend, Roderick Gardener, arrived at the home during the commission of the robbery and were forced into the bathroom with the other hostages.

Items taken from the men included the keys to Gardener’s mother’s green Kia. Stephens showed the hostages his ID and said that he was taking Robert Sparrow III with him for “insurance.” Stephens said that he would leave Robert Sparrow III somewhere if he was not followed.

Stephens left the Sparrow residence with Robert Sparrow III in the green Kia because his accomplices would not let him in the black car, which they had driven to the Sparrow residence, with the child. Both the black and green cars left. The cars pulled over less than one mile away, and Stephens left Robert Sparrow III in the car in a sunny area around 2:30 in the afternoon. The car was not found until after 9 o’clock that night.

Three-year-old Robert Sparrow III was found dead in the green Kia. Stephens claimed that the Sparrow was alive when he left him in the car.

A doctor presented by the defense testified that Robert Sparrow III died from hyperthermia due to being in the hot car for the extended period of time. In contrast, the medical examiner testified that Sparrow died from asphyxiation, which included either strangulation or suffocation; however, the medical examiner could not rule out hyperthermia.

Related cases and additional information

Duval County Circuit Court #97-1998

On 06/18/96, two individuals picked up a prostitute and then bought crack cocaine. The three people drove to an area to smoke the crack cocaine. The prostitute noticed a red car parked next to the car, and then she heard several popping sounds and the window of the truck shattered. She testified that one of the people, Robert Miller, was shot. The driver dropped the prostitute off at a gas station and then went to the hospital where Miller was pronounced dead. The police determined that the red car belonged to Jason Stephens.

Jason Stephens was convicted of First-Degree Murder and sentenced to Life on 02/27/98.

Duval County Circuit Court #97-9219

On 12/03/96, Jason Stephens was a passenger in a car that cut off another car on the road to turn into the Radio Shack parking lot. The car that had been cut off parked in front of Radio Shack, and the driver exited the car. Jason Stephens approached the other car with a firearm. Stephens shot the victim who fell to the ground and attempted to crawl behind his car. Stephens continued shooting the victim after the man was on the ground.

On 12/05/96, the victim identified Jason Stephens from a police photo line-up.

Stephens was convicted of Attempted First-Degree Murder and sentenced to Life on 02/17/98.

Codefendant information

Horace Cummings (Duval County Circuit Court #97-9232) was convicted of First-Degree Murder, Kidnapping, four counts of Robbery with a Deadly Weapon, two counts of Attempted Robbery with a Deadly Weapon, and Burglary. Cummings was sentenced to one Life sentence and eight 30-year sentences on 01/16/98.

Timeline

• 06/18/96 — Two individuals picked up a prostitute, bought crack cocaine, and later Robert Miller was shot; the police determined a red car belonged to Jason Stephens; Miller was pronounced dead after being taken to hospital.
• 12/03/96 — Jason Stephens, as a passenger, was in a car that cut off another car; Stephens approached the other car with a firearm and shot the victim.
• 12/05/96 — The victim identified Jason Stephens from a police photo line-up.
• 06/02/97 — Stephens and accomplices broke into the Sparrow home; Stephens carried a 9-mm firearm; hostages were taken to the bathroom; Stephens left with Robert Sparrow III in the green Kia; Robert Sparrow III was later found dead.
• 07/24/97 — Stephens was arrested.
• 08/07/97 — Stephens was indicted on Counts I–XII.
• 12/08/97 — Stephens pled guilty to Counts 2, 4, 6, and 8–12 of the indictment.
• 12/18/97 — Stephens was found guilty for Counts 1 and 5; Stephens was found not guilty for Counts 3 and 7.
• 01/15/98 — Upon advisory sentencing, the jury voted for the death penalty by a 9 to 3 majority.
• 02/17/98 — Stephens was sentenced to Life for Attempted First-Degree Murder in Duval County Circuit Court #97-9219.
• 02/27/98 — Stephens was sentenced to Life for First-Degree Murder in Duval County Circuit Court #97-1998.
• 01/16/98 — Horace Cummings was sentenced to one Life sentence and eight 30-year sentences.
• 04/07/98 — Stephens was sentenced: Death for Count I; Life terms less 258 days for multiple armed robbery and kidnapping-related counts; 15 years less 258 days for Burglary and Aggravated Assault.
• 05/13/98 — Stephens filed his Direct Appeal in the Florida Supreme Court.
• 03/15/01 — The Florida Supreme Court affirmed the conviction and sentence.
• 06/04/01 — Rehearing was denied.
• 07/05/01 — A mandate was issued.
• 09/10/01 — Stephens filed a Petition for Writ of Certiorari with the United States Supreme Court.
• 11/13/01 — The petition was denied by the United States Supreme Court.
• 10/23/02 — Stephens filed a 3.850 Motion with the circuit court.
• 11/20/03 — An evidentiary hearing was held on the 3.850 Motion.
• 04/29/05 — The 3.850 Motion was denied.
• 07/02/05 — Stephens filed a 3.850 Appeal in the Florida Supreme Court.
• 08/30/06 — Stephens filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.

Arrest

Stephens was arrested on 07/24/97.

Trial

Indictment counts

On 08/07/97, Stephens was indicted on the following counts:

• Count I: Murder (Robert Sparrow III)
• Count II: Kidnapping (Robert Sparrow III)
• Count III: Armed Robbery (Consuelo Brown)
• Count IV: Armed Robbery (Robert Sparrow Jr.)
• Count V: Armed Robbery (Kahari Graham)
• Count VI: Armed Robbery (Derrick Hosea Dixon)
• Count VII: Armed Robbery (Tracey Williams)
• Count VIII: Armed Robbery (Roderic Gardner)
• Count IX: Attempted Armed Robbery (Tammy Cobb)
• Count X: Attempted Armed Robbery (David Cobb)
• Count XI: Burglary
• Count XII: Aggravated Assault (Consuelo Brown)

Plea and verdicts

On 12/08/97, Stephens pled guilty to Counts 2, 4, 6, and 8-12 of the indictment. On 12/18/97, Stephens was found guilty for Counts 1 and 5 of the indictment. Stephens was found not guilty for Counts 3 and 7 of the indictment.

Sentencing

On 04/07/98, Stephens was sentenced as follows:

• Count I: Murder (Robert Sparrow III) — Death
• Count II: Kidnapping (Robert Sparrow III) — Life, less 258 days
• Count IV: Armed Robbery (Robert Sparrow Jr.) — Life, less 258 days
• Count V: Armed Robbery (Kahari Graham) — Life, less 258 days
• Count VI: Armed Robbery (Derrick Hosea Dixon) — Life, less 258 days
• Count VIII: Armed Robbery (Roderic Gardner) — Life, less 258 days
• Count IX: Attempted Armed Robbery (Tammy Cobb) — Life, less 258 days
• Count X: Attempted Armed Robbery (David Cobb) — Life, less 258 days
• Count XI: Burglary — 15 years, less 258 days
• Count XII: Aggravated Assault (Consuelo Brown) — 15 years, less 258 days

Appeals

Stephens filed his Direct Appeal in the Florida Supreme Court on 05/13/98. The issues addressed included that the trial court erred in denying motions for a new trial, to withdraw robbery plea, for a change of venue and for a judgment of acquittal. Stephens also argued that the trial court erred in evaluating mitigating and aggravating factors.

The Florida Supreme Court affirmed the conviction and sentence on 03/15/01. Rehearing was denied on 06/04/01. A Mandate was issued on 07/05/01.

Stephens filed a Petition for Writ of Certiorari on 09/10/01 with the United States Supreme Court. The petition was denied on 11/13/01.

Stephens filed a 3.850 Motion with the circuit court on 10/23/02. An evidentiary hearing was held on 11/20/03. The motion was denied on 04/29/05.

On 07/02/05, Stephens filed 3.850 Appeal in the Florida Supreme Court. The appeal was currently pending. On 08/30/06, Stephens filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The petition was currently pending.

Other details

Supreme Court of Florida opinion SC92987, opinion SC05-1301, DOC# 124493.

The case was in the Fourth Judicial Circuit, Duval County, Case #97-9232.

The sentencing judge was the Honorable Jack M. Schemer.

Trial attorneys included R. Nichols and R. Eler (Special Public Defenders) and Direct Appeal attorney Michael R. Yokan (Special Public Defender). Collateral appeals were handled by Todd Doss.

Date of birth was 03/08/74. Date of offense was 06/02/97. Date of sentence was 04/07/98.