Wayne Tompkins

Case overview

Wayne Tompkins was convicted of the strangulation murder of Lisa Lea DeCarr, aged 15. Her skeletal remains were found in a shallow grave under her Tampa home along with her pink bathrobe and jewelry. She had been strangled to death based on a ligature (apparently the sash of her bathrobe) found tied tightly around her neck bones.

Tompkins was also convicted of rape-related offenses committed after DeCarr’s disappearance. While behind bars on unrelated rape charges, Tompkins told a jailhouse informant he strangled the girl with her bathrobe sash when she fought off his sexual advances.

People

• Wayne Tompkins — defendant; death sentence imposed after conviction for first-degree murder
• Lisa Lea DeCarr — victim; aged 15; girlfriend’s daughter
• Barbara Wallace — victim’s mother; also described as DeCarr’s mother and Tompkins’ former girlfriend’s mother
• Michelle Hayes — DeCarr’s sister; stated views after witnessing the execution
• Gladys Staley — Tompkins’ mother; received a final visit on the execution morning
• Kathy Stevens — close friend/classmate of the victim
• Kenneth Turco — jailhouse informant/cellmate; testified that Tompkins confessed; later recanted
• Detective K.E. Burke — a detective referenced in direct appeal issues
• Detective Gell — identified Tompkins as the person he had arrested in Pasco County
• Cass Michael Castillo — appointed private counsel; later granted a motion to withdraw
• James V. Dominguez — attorney who was granted a motion to withdraw
• Daniel M. Hernandez — trial attorney (capital case information)
• Martin McClain — direct appeal/collateral appeal attorney (capital case information; later appellate counsel listed)
• Neal Dupree — attorney named as witness to execution and as involved in appeals
• Harold Babich — not present as a named person in the provided case facts (omitted)
• Tim Cannon — warden during the execution; asked Tompkins whether he had a final statement
• Thurman — Tompkins’ father; described as fatally shot while pumping gas in the early 1980s
• Nathan — Tompkins’ youngest brother; described as accidentally shot and killed by a St. Lucie County deputy during a traffic stop
• Gretl Plessinger — Department of Corrections spokeswoman
• Charlie Crist — governor who signed a death warrant for Tompkins
• Jeb Bush — governor who signed a death warrant for Tompkins
• Bob Martinez — governor who signed death warrants for Tompkins in 1989
• Governor named in the execution narrative as “Tim Cannon” and others; other officials appear only by role in the record
• Mike Benito — formerly State Attorney, referenced in the concurring/dissenting opinion about drafting the sentencing order
• Richard L. Dugger — respondent named in the habeas petition caption (Petitionre, vs. Richard L. Dugger, etc., Respondent)

Timeline

• 03/24/1983 — Lisa DeCarr disappeared from her home in Tampa.
• 06/05/1984 — DeCarr’s decomposed body was found buried underneath the residence.
• 05/13/1984 — Tompkins robbed a convenience store clerk at knifepoint and sexually assaulted her.
• 04/07/1984 — Tompkins went into a convenience store, robbed the female clerk, abducted her at knifepoint, and sexually assaulted her.
• 06/1984 — In an account of discovery, DeCarr’s skeletal remains were found in a shallow grave under the house along with her pink bathrobe and jewelry.
• 09/14/1984 — Tompkins was arrested on the murder charge after being transferred to the Hillsborough County Jail.
• 09/19/1984 — The death sentence information lists a death sentence date.
• 09/19/1985 — Tompkins was found guilty by the trial jury; the jury by a vote of 12-0 recommended the death penalty.
• 09/19/1985 — Tompkins was sentenced on Count I: Murder in the First Degree – Death.
• 12/02/1985 — Tompkins filed his direct appeal.
• 12/30/1986 — The Florida Supreme Court affirmed the conviction and sentence.
• 06/26/1987 — Certiorari in the United States Supreme Court was denied.
• 05/01/1989 — Tompkins simultaneously filed a Petition for Habeas Corpus in the Florida Supreme Court and a 3.850 Motion in State Circuit Court.
• 05/22/1989 — Trial court denied the 3.850 motion.
• 09/14/1989 — The Florida Supreme Court denied the Habeas Petition and affirmed the Trial Court’s 3.850 denial.
• 02/20/1990 — Certiorari in the United States Supreme Court was denied.
• 12/11/1989 — Tompkins filed a Petition for Habeas Corpus in the United States District Court.
• 04/17/1998 — United States District Court denied the petition.
• 09/30/1998 — Tompkins appealed the habeas denial to the United States Court of Appeals.
• 10/29/1999 — The Court of Appeals affirmed the District Court’s denial.
• 12/10/1999 — The motion for rehearing was denied.
• 01/25/2000 — A Mandate was issued.
• 06/12/2000 — Tompkins filed a Petition for Writ of Certiorari.
• 10/02/2000 — The petition was denied.
• 03/22/2001 — Governor Jeb Bush signed a Death Warrant.
• 04/16/2001 — Tompkins filed a 3.850 Motion in circuit court.
• 04/17/2001 — A Huff hearing occurred.
• 04/18/2001 — An evidentiary hearing occurred.
• 04/19/2001 — The court granted a Stay of Execution.
• 04/25/2001 — The court entered an Order granting, in part, and denying, in part, Tompkins motion and granting a new penalty phase.
• 07/27/2002 — Tompkins filed a 3.850 Appeal with the Florida Supreme Court.
• 10/09/2003 — The Florida Supreme Court affirmed the denial of the 3.850 motion and reversed the portion granting a new penalty phase.
• 02/05/2003 — Tompkins filed 3.850 and 3.853 (DNA) motions in the circuit court.
• 08/22/2003 — Both motions were dismissed.
• 03/26/2004 — Tompkins filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 12/21/2004 — The habeas petition was denied.
• 10/06/2008 — The Florida Supreme Court granted a stay of execution.
• 11/07/2008 — The Florida Supreme Court affirmed the disposition of the lower court and entered a mandate; the stay was lifted on 11/13/2008.
• 02/09/2009 — Tompkins filed an All Writs Petition and an Application for Stay of Execution.
• 02/11/2009 — The Florida Supreme Court denied the All Writs Petition and Application for Stay of Execution in a joint order combining these motions and the 3.853 Appeal.
• 02/11/2009 — The Florida Supreme Court denied the 3.853 Appeal in a joint order combining it with the All Writs Petition and the Stay of Execution.
• 02/11/2009 — Execution occurred by lethal injection in Florida; Tompkins was pronounced dead at 6:32 p.m.
• 02/12/2009 — Subsequent reporting occurred in newspapers describing the execution.

The offence

Murder of Lisa Lea DeCarr (capital offense)

Lisa DeCarr, aged 15, disappeared from her Tampa home on March 24, 1983. Her decomposed skeletal remains were found in June 1984 in a shallow grave under the residence, along with her pink bathrobe and jewelry.

The medical examiner determined that Lisa had been strangled to death. A ligature (apparently the sash of her bathrobe) was found tied tightly around her neck bones.

The trial testimony described:

• Barbara DeCarr (Barbara Wallace) testified that she left the house at approximately 9 a.m. leaving Lisa alone in the house and that Lisa was dressed in her pink bathrobe. Barbara met Wayne Tompkins at his mother’s house a few blocks away. Some time that morning, she sent Tompkins back to her house to get newspapers for packing. When he returned, he told her Lisa was watching television in her robe. Tompkins then left again, and Barbara did not see or speak to him until approximately 3 o’clock that afternoon. Tompkins told her Lisa had run away and said the last time he saw Lisa she was going to the store wearing jeans and a blouse. Barbara returned to the Osborne Street house and found Lisa’s pocketbook and robe missing but not the clothes described by Tompkins; she then called the police.
• Kathy Stevens testified she went to Lisa DeCarr’s house at approximately 9 a.m. on the morning of March 24, 1983. After hearing a loud crash, Stevens opened the front door and saw Lisa on the couch struggling and hitting Tompkins, who was on top of her attempting to remove her clothing. Stevens testified Lisa asked her to call the police. Stevens left the house and did not call the police. When she returned later to retrieve her purse, Tompkins answered the door and told her Lisa had left with her mother. Stevens also testified Tompkins had made sexual advances toward Lisa on two prior occasions.
• Kenneth Turco testified that Tompkins confided details of the murder to him while they were cellmates in June 1985. Turco testified Tompkins told him Lisa was on the sofa when he returned to the house to get newspapers for packing; when Tompkins tried to force himself on her, Lisa kicked him in the groin; Tompkins then strangled her and buried her under the house along with her pocketbook and some clothing (jeans and a top) to make it appear as if she had run away.

A jailhouse statement attributed to Tompkins was also described: while behind bars on unrelated rape charges, Tompkins told a jailhouse informant he strangled the girl with her bathrobe sash when she fought off his sexual advances.

Medical testimony described the cause of death as asphyxiation by strangulation. Medical experts were also described as thinking she could have been dead within five minutes.

Prior felonies introduced at penalty phase

At the penalty phase, the state presented evidence that Tompkins had been convicted of kidnapping and rape stemming from two separate incidents in Pasco County after DeCarr’s disappearance.

The case information lists:

• 04/07/1984 — Tompkins robbed a convenience store clerk, abducted her at knifepoint, and sexually assaulted her.

The Florida Supreme Court direct appeal summary also described these prior offenses as kidnapping and rape stemming from two separate incidents.

Investigation

The decomposed body was found buried underneath the residence. Police found skeletal remains about a year after disappearance, buried in a shallow grave under the residence.

Recovered items included:

• a pink bathrobe
• a diamond ring
• a pair of gold-cross earrings
• also described in the case as a pink bathrobe and jewelry accompanying the remains

The execution reporting also stated that from the grave police found what they determined were skeletal remains and that what was recovered included the mentioned items.

Arrest and pretrial

• 05/30/84 — Tompkins was arrested in Pasco County on other charges.
• 09/14/84 — Tompkins was arrested on the murder charge after being transferred to the Hillsborough County Jail.
• The case record reflects court appointment and attorney withdrawal:
  • 10/31/84 — Court appointed Cass Michael Castillo as private counsel.
  • 01/08/85 — Court granted a Motion to Withdraw by Castillo.
  • 04/22/85 — Court granted a Motion to Withdraw by James V. Dominguez for personal reasons.

Trial

Guilt phase

Tompkins was found guilty by the trial jury on 09/19/1985. The jury recommended the death penalty by a vote of 12-0.

After the state rested, the trial court denied Tompkins’ motion for acquittal, finding the evidence sufficient to prove premeditation and establishing a prima facie case. The defense rested without presenting additional evidence.

Penalty phase

At sentencing, the trial judge found three aggravating circumstances and one statutory mitigating circumstance:

• previous conviction of felonies involving the use or threat of violence to the person
• the murder committed while the defendant was engaged in an attempt to commit sexual battery
• the murder was especially heinous, atrocious, or cruel
• mitigating circumstance: defendant’s age at the time of the crime

The trial judge followed the jury’s recommendation and sentenced Tompkins to death.

Defense evidence at the penalty phase included testimony regarding good work record, shy and nonviolent personality, and honesty.

Sentencing

Tompkins was sentenced on 09/19/1985 to death for Murder in the First Degree.

Additional sentencing context in the case information described that Tompkins had been arrested and convicted of two additional felony offenses and sentenced prior to the capital offense.

Appeals

Direct appeal

Florida Supreme Court — Direct Appeal:

• 502 So.2d 415 (Tompkins v. State) affirmed conviction and death sentence.
• The court held that admission of Tompkins’ confession through cellmate testimony was proper.
• The court held the Sixth Amendment right to confront witnesses was not violated by limitation of cross-examination.
• The court held the state was properly allowed to pursue rebuttal line of questioning where the defendant opened the door.
• The court held certified copies of prior convictions were sufficient to establish aggravating circumstance.
• The court held findings of aggravating circumstances were supported by testimony.
• The court held that the murder was especially heinous, atrocious, or cruel based on the record.
• The court held adequate consideration of evidence of nonstatutory mitigating circumstances.

The direct appeal opinion also addressed appellant’s claims including:

• admission of confession without independent proof of corpus delicti
• confrontation clause issues related to Barbara DeCarr and Detective K.E. Burke
• whether the defense opened the door on redirect examination of DeCarr
• constitutionality of death-qualified juries
• multiple penalty-phase errors, including prior offenses testimony, admission of details, attempted sexual battery language, sufficiency of evidence for attempted sexual battery, and consideration of nonstatutory mitigating circumstances

The opinion included the trial court’s written order statements about balancing:

• “NONE, notwithstanding testimony to the effect that the defendant was a good family member and good employee.”
• After considering only the evidence before the jury, “the court finds that the aforesaid statutory aggravating circumstances clearly outweigh the statutory mitigating circumstance.”

Petition for certiorari and state habeas/postconviction

United States Supreme Court petition for writ of certiorari was denied (also listed as 483 U.S. 1033 and 06/26/87 in the procedural history narrative).

Tompkins filed a Petition for Habeas Corpus in the Florida Supreme Court and a 3.850 Motion in state circuit court. The trial court denied the motion 05/22/89. The Florida Supreme Court denied the Habeas Petition and affirmed denial of 3.850 on 09/14/89. The stay granted on June 2, 1989 was vacated in a later discussion within the PCR opinion.

The United States Supreme Court certiorari was denied on 02/20/90.

Federal habeas:

• 12/11/89 — petition filed in the United States District Court
• 04/17/98 — petition denied
• 09/30/98 — appeal filed to the Eleventh Circuit
• 10/29/99 — affirmed denial
• 12/10/99 — rehearing denied
• 01/25/00 — mandate issued
• 06/12/00 — petition for certiorari
• 10/02/00 — denied

State 3.850 and 3.853 proceedings included:

• 04/16/01 — 3.850 motion filed
• 04/19/01 — stay granted
• 04/25/01 — order granted in part and denied in part and granted a new penalty phase
• 07/27/02 — 3.850 appeal filed in Florida Supreme Court
• 10/09/03 — Florida Supreme Court affirmed denial and reversed granting a new penalty phase
• 02/05/03 — 3.850 and 3.853 DNA motions filed
• 08/22/03 — dismissed
• 10/24/04 — DNA appeal filed in Florida Supreme Court
• 01/20/05 — Florida Supreme Court affirmed denial and granted 60 days to re-file a successive motion
• 03/18/05 — 3.850 motion filed in circuit court; denied 10/05/05
• 02/10/06 — 3.850 motion appeal in Florida Supreme Court; affirmed 05/10/07
• 07/16/07 — motion for rehearing denied
• 08/02/07 — mandate issued
• 08/29/07 and 12/21/07 — 3.851 motion and amended motion filed; denied 03/18/08
• 04/02/08 and 04/08/08 — motion for rehearing denied by circuit court
• 05/29/08 — 3.851 appeal filed in Florida Supreme Court; 10/06/08 — stay of execution granted
• 11/07/08 — mandate entered; 11/13/08 — stay lifted
• 10/15/08 — 3.851 motion filed in State Circuit Court; denied 10/21/08
• 10/22/08 — 3.851 appeal filed; 11/07/08 — Florida Supreme Court affirmed and entered mandate
• 10/24/08 — Petition to Invoke All Writs jurisdiction filed; 11/07/08 — denied
• 11/04/08 — habeas petition filed in United States District Court; 11/05/08 — Department of Corrections filed motion to dismiss; 11/07/08 — dismissed; 11/10/08 — amended order entered
• 11/19/08 — Motion to Alter or Amend filed; denied 11/25/08
• 02/10/09 — 3.853 Appeal filed; 02/11/09 — denied in a joint order

United States Supreme Court:

• 10/15/07 — petition for writ of certiorari filed; 01/07/08 — denied
• 02/11/09 — petition for writ of certiorari and application for stay filed in the United States Supreme Court, described as pending

Florida Supreme Court:

• 02/11/09 — denied All Writs Petition and Application for Stay of Execution and also denied the 3.853 Appeal in the joint order

Recantation and related issues

Kenneth Turco later recanted in the execution reporting, but the state Supreme Court had ruled his recantation was harmless error that would not have affected the outcome of the trial.

The case record also states that Tompkins had requested DNA testing and testing delays were part of requests to delay execution.

Outcome

Tompkins was executed by lethal injection in Florida on February 11, 2009.

In execution reporting, Tompkins was pronounced dead at 6:32 p.m. on Wednesday and the process was described including IV delivery of three drugs. At the execution, warden Tim Cannon asked:

• “I am good.”

The final statement was recorded as: “I am good.”

Tompkins’ final meal included fried chicken and banana split ice cream, using only the single spoon the state allowed.

Aftermath and post-execution statements

Michelle Hayes, the victim’s sister, said at a news conference after witnessing the execution:

• “I would have done it myself so many times.” Another remark attributed to her included:
• “I don't want to disrespect him in front of his family.” A separate statement attributed to Hayes also included: “I have hated him for so many years.”

Gretl Plessinger, a Department of Corrections spokeswoman, stated that Tompkins had been “calm and businesslike” throughout the day.

In narrative about family and witnesses:

• Tompkins spent three hours with his mother, Gladys Staley; for two of those hours, they were not allowed physical contact and she was not allowed to witness the execution.
• Tompkins met with the prison chaplain since he had no preferred spiritual adviser and described his religion as Native American.

Family background details included:

• Tompkins’ father, Thurman, was fatally shot in the early 1980s while pumping gas at a Kentucky service station where he worked.
• In 2003, a St. Lucie County deputy accidentally shot and killed Tompkins’ youngest brother, Nathan, during a traffic stop.
• Tompkins’ mother said the night before the execution: “It seems like ... I don't even know what is happening with my family,” and related family statements were described.
• Tompkins died about 140 miles from the home where the murder occurred.

Property history described in reporting:

• A few months after DeCarr’s disappearance, Tompkins and the girl’s mother moved out of the house they rented at 1225 E. Osborne Ave.
• In December 1983, Nathaniel and Minnie Horn bought the house for $25,000.
• Six months later, police knocked at the door and told the Horns they thought a body was buried under the porch.
• Minnie Horn was quoted: “We told them to do what they had to do,” and also stated: “We didn't know nothing about it.”
• Minnie Horn later said: “I got no joy, but I am not going to cry about it. He had no business doing what he was doing.”

Other details

Inmate characteristics and capital case identifiers

Tompkins’ corrections information included:

• DC Number: 099350
• Name: TOMPKINS, WAYNE
• Race: WHITE
• Sex: MALE
• Hair Color: BROWN
• Eye Color: BROWN
• Height: 5' 10''
• Weight: 182 lbs.
• Birth Date: 03/12/1957
• Department of Corrections listed “DEATH SENTENCE” with date of 05/13/1984
• The record listed specific case details:
  • “KIDNAP;COMM.OR FAC.FELONY 11/29/1984 PASCO 8401131 8Y 0M 0D 05/13/1984”
  • “SEX BAT/ WPN. OR FORCE 11/29/1984 PASCO 8401131 8Y 0M 0D 05/13/1984”
  • “ROBB. GUN/DEADLY WPN 01/14/1985 PASCO 8401137 9Y 0M 0D 04/07/1984”
  • “KIDNAP;COMM.OR FAC.FELONY 01/14/1985 PASCO 8401137 9Y 0M 0D 04/07/1984”
  • “SEX BAT/COERCES BY THREAT 01/14/1985 PASCO 8401137 9Y 0M 0D 04/07/1984”
  • “03/24/1983 1ST DG MUR/PREMED. OR ATT. 09/19/1985 HILLSBOROUGH 8410538 DEATH SENTENCE”

The capital case record described:

• Thirteenth Judicial Circuit, Hillsborough County, Case #84-10538
• Sentencing Judge: The Honorable Harry Lee Coe III
• Direct Appeal: Robert F. Moeller
• Collateral Appeals: Martin McClain and Todd Scher – CCRC-S
• Date of Offense: 03/24/83
• Date of Sentence: 09/19/85

Execution procedures and witnesses as described

Execution reporting described:

• A brown curtain opened at 6:23 p.m., about 15 minutes later than planned.
• Tompkins was strapped to a gurney with a white sheet pulled up to his chin, and tattooed left arm hanging out.
• He was hooked to IVs to deliver three drugs: first to render him unconscious, next to cause paralysis and stops breathing, and the final drug to cause cardiac arrest.
• Witnesses shifted in their seats and clasped their hands, and men in black-and-gray suits tapped shoes.
• At approximately 6:26 p.m., breathing calmed; mouth movements stopped; eyes closed.
• Cannon checked to make sure Tompkins was unconscious before ordering the release of the final two drugs.
• Cannon pronounced execution complete at 6:32 p.m.

The execution narrative also stated:

• Among witnesses were DeCarr’s mother Barbara Wallace and other relatives, law enforcement personnel and news reporters.
• Tompkins’ attorney, Neal Dupree, was among the witnesses.

Governing officials involved in scheduling and warrants

The execution narrative stated:

• Tompkins had been scheduled for Wednesday, February 11, 2009, with execution scheduled for 6:00 p.m.
• Charlie Crist was described as the third governor to sign a death warrant for Tompkins, after Jeb Bush in 2001 and Bob Martinez in 1989.
• It described that Tompkins was granted a stay on appeal each time and that courts stopped each warrant.

Contributing delay rationale

The procedural history narrative listed:

• The delay in execution may have been attributed to the time taken to process the defendant’s federal habeas petition filed in 1989 and denied in 1998.

Verbatim quotes from procedural narrative

The procedural and execution narrative included these direct quotations attributed in context:

• Tompkins said: “I am good.”
• Hayes was quoted: “I would have done it myself so many times.”
• Hayes said: “I don't want to disrespect him in front of his family.”
• Tompkins’ mother said: “It seems like ... I don't even know what is happening with my family,” and also included discussion that she did not know what was happening with her family.
• Minnie Horn said: “We told them to do what they had to do,” and “We didn't know nothing about it.”
• Minnie Horn said: “I got no joy, but I am not going to cry about it.