David Lee Thomas

Case information

David Lee Thomas was sentenced to death on March 15, 1991 in Twentieth Judicial Circuit, Lee County, Case #90-1058. The sentencing judge was The Honorable James R. (as stated). David Lee Thomas’s date of birth was 10/13/65 and the DC number was #717466.

Background

On April 26, 1990, Richard Houston attempted to buy drugs in a low-income neighborhood of Fort Myers. Houston waved a handful of money out the window to signal a dealer to approach the car. A crack dealer came up to Houston’s car, but left when Houston said he did not want to purchase crack and wanted powder cocaine instead. David Lee Thomas approached the car and pulled a gun on Houston. When Houston attempted to flee, Thomas fired several shots into the car, killing Houston. Thomas confessed to the shooting, but denied he ever intended to rob Houston.

The offence

Victim

Richard Houston was killed when Thomas fired several shots into Houston’s car.

Conduct and charges

Thomas was indicted on the following counts:

• Count I: First-Degree Murder
• Count II: Attempted Robbery with a Firearm

Thomas was convicted on all counts charged in the indictment.

Investigation and confession

Thomas confessed to the shooting. Thomas denied he ever intended to rob Houston.

Trial

Indictment and verdict

On 06/05/90, Thomas was indicted on Count I and Count II. On 02/22/91, the jury found the defendant guilty on all counts charged in the indictment.

Advisory sentencing

On 02/25/91, upon advisory sentencing, the jury voted for the death penalty by a 9 to 3 majority.

Sentencing

On 03/15/91, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Attempted Robbery with a Firearm — 30 years

Appeals

Thomas filed a Direct Appeal in the Florida Supreme Court on 04/08/91.

Direct appeal arguments

In the appeal, Thomas argued:

• It was error to allow a State witness to describe the scene of the shooting as a high-crime neighborhood where many “drug-related robberies” occurred.
• It was error to allow a portion of his confession to remain on a redacted tape because it gave the false impression that all five eyewitnesses heard him say he was going to rob the victim, when, in fact, only two witness claimed that Thomas was going to rob Houston.
• He also argued the 30-year habitual violent felony offender sentence that he received for the attempted robbery.

Direct appeal decision

The Florida Supreme Court agreed with Thomas that error occurred, but deemed the error to be harmless. The Florida Supreme Court affirmed both the convictions and the sentences imposed on 03/11/93.

Thomas next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/12/93.

Collateral proceedings

Thomas filed a 3.850 Motion in the State Circuit Court on 02/28/95. Thomas subsequently filed three amended motions and one consolidated motion. The motion was currently pending.

Legal representation

• Thompson Attorney, Criminal Trial: Frank Borter, Esq. — Private Attorney
• Direct Appeal: Douglas S. Connor, Assistant Public Defender Attorney
• Collateral Appeals: William Hennis and Roseanne Eckert — CCRC-S

Timeline

• 04/26/90 — Richard Houston attempted to buy drugs in Fort Myers; David Lee Thomas approached, pulled a gun, and fired several shots into Houston’s car, killing him.
• 06/05/90 — David Lee Thomas was indicted on Count I (First-Degree Murder) and Count II (Attempted Robbery with a Firearm).
• 02/22/91 — The jury found the defendant guilty on all counts charged.
• 02/25/91 — Upon advisory sentencing, the jury voted for the death penalty by a 9 to 3 majority.
• 03/15/91 — The defendant was sentenced: Count I First-Degree Murder — Death; Count II Attempted Robbery with a Firearm — 30 years.
• 04/08/91 — Thomas filed a Direct Appeal in the Florida Supreme Court.
• 03/11/93 — The Florida Supreme Court affirmed the convictions and sentences.
• 10/12/93 — The United States Supreme Court denied the petition for writ of certiorari.
• 02/28/95 — Thomas filed a 3.850 Motion in the State Circuit Court.

Other details

Thomas denied he ever intended to rob Houston despite confessing to the shooting. The Florida Supreme Court deemed the errors alleged by Thomas to be harmless.