Gary Richard Whitton

Case Information

Gary Richard Whitton was born on 02/04/59. He was tried in the First Judicial Circuit, Walton County, Florida, in Case #90-0429. The sentencing judge was The Honorable Laura Melvin. The trial attorneys were William B. Bishop and James W. Tongue (Assistant Public Defenders). On direct appeal, Paula S. Saunders (Assistant Public Defender) represented Whitton. Collateral appeals were handled by Mark Olive, Esq., at the Registry.

Timeline

• 10/10/90 — Date of offense.
• 10/07/90 — James Mauldin spent the night at Whitton’s home after arriving intoxicated.
• 10/08/90 — Whitton and Mauldin drove to Destin for Mauldin to withdraw money from his bank.
• 10/11/90 — Police brought Whitton to the station for questioning after being alerted by the hotel clerk about false information given by Whitton on the hotel forms.
• 12/03/90 — The defendant was indicted on Count I: First-Degree Murder and Count II: Robbery.
• 08/04/92 — The jury found the defendant guilty as charged; the jury voted for the death penalty by a 12 to 0 majority on advisory sentencing.
• 09/10/92 — The defendant was sentenced: Count I First-Degree Murder—Death; Count II Robbery—9 Years.
• 09/28/92 — Whitton filed a Direct Appeal in the Florida Supreme Court.
• 12/01/92 — The Florida Supreme Court affirmed Walton’s conviction and sentence of death.
• 05/15/95 — Whitton filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/02/95 — The United States Supreme Court denied the petition.
• 03/24/97 — Whitton filed a 3.850 Motion in the State Circuit Court, which was currently pending.

Background

Gary Whitton met James Mauldin in March of 1989 at a halfway house in Pensacola where both men were receiving alcohol treatment. After leaving the halfway house, Whitton and Mauldin would see each other occasionally at Alcoholics Anonymous meetings.

On 10/07/90, Mauldin spent the night at Whitton’s home after showing up intoxicated.

On 10/08/90, the two men drove to Destin so Mauldin could withdraw money from his bank. The bank was closed, so the men returned the following day.

The offence

Mauldin closed his account after he was told by the bank teller that he could not withdraw money without his passbook, which he did not have. Whitton assisted Mauldin with filling out the forms required for closing his account because Mauldin was too intoxicated to do so himself. Mauldin left the bank with $1,135.88 in cash.

Both men then checked into a hotel in Destin. Whitton filled out the hotel forms, giving a false license plate number. The hotel clerk noticed the discrepancy in the license plate numbers and recorded the correct information on the hotel forms.

After checking in, Whitton left the hotel at approximately 12:00 p.m., and he claimed he did not return to the hotel again. During the investigation, Whitton told officers that he did not return to the hotel the night of the murder. Whitton later told the officers that he did return for a few minutes, but that Mauldin was already dead when he arrived.

The same hotel clerk said he saw Whitton’s car arrive at approximately 10:30 p.m. and leave again at approximately 12:30 a.m. The hotel clerk found Mauldin’s body the next day.

Mauldin’s body was found with numerous injuries, including a fractured skull and stab wounds to the shoulder, cheek, neck, scalp, back and heart.

Tests indicated that he had a 0.34 blood alcohol level at the time of his death. According to police records, Mauldin had no money on him besides some spare change.

Investigation

Police brought Whitton to the station for questioning on 10/11/90, after being alerted by the hotel clerk about the false information given by Whitton on the hotel forms.

A search of Whitton’s home revealed a pair of boots that were stained with blood that matched Mauldin’s blood-type. Police then searched Whitton’s car where they found bloodstains that also matched Mauldin’s blood type.

While Whitton was in jail awaiting trial, he confessed to an inmate and was overheard by a second inmate. Whitton stated that he returned to the hotel to steal Mauldin’s money and killed him because he was afraid that Mauldin would have testified against him in a parole violation hearing as a result of the robbery. Both inmates gave statements attesting to this information.

Trial

Charges

On 12/03/90, the defendant was indicted on the following charges:

• Count I: First-Degree Murder
• Count II: Robbery

Verdict and sentencing

On 08/04/92, the jury found the defendant guilty as charged.

On 08/04/92, upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.

On 09/10/92, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Robbery — 9 Years

Appeals

On 09/28/92, Whitton filed a Direct Appeal in the Florida Supreme Court. He argued that the trial court erred in denying his motion for mistrial after the prosecutor commented on his post-arrest silence during closing argument.

He also argued the consideration and application of the heinous, atrocious or cruel aggravating factor and the avoiding arrest aggravating factor.

On 12/01/92, the Florida Supreme Court affirmed Walton’s conviction and sentence of death.

On 05/15/95, Whitton filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 10/02/95.

On 03/24/97, Whitton filed a 3.850 Motion in the State Circuit Court that was currently pending.

Outcome

Gary Whitton was convicted and sentenced to death for the 10/10/90 murder of James Mauldin, and he was also sentenced for robbery.