Johnny Williamson

Case identifiers and court information

Johnny Williamson (born 10/25/42) was convicted in the Third Judicial Circuit, Dixie County, Florida, Case #85-130-CF. The Florida Supreme Court issued an opinion identified as SC05-1527 (Florida Supreme Court opinion 74973).

Sentencing judge and counsel

The sentencing was imposed by The Honorable L. Arthur Lawrence. Trial counsel was Daniel A. McKeever, Jr. (Special Appointed Public Defender). Direct appeal counsel was David Davis (Assistant Public Defender). Collateral appeals were handled by Harry Brody, Esq. (Registry).

Timeline

• 06/20/85 — Date of offense: Johnny Williamson and codefendants killed inmate Daniel Drew at Cross City Correctional Institution.
• 10/22/85 — Johnny Williamson was indicted by a grand jury in Dixie County for First-Degree Murder and Possession of Contraband (Knife).
• 04/09/86 — The jury found the defendant guilty as charged.
• 04/10/86 — Advisory sentencing: the jury, by an 11 to 1 majority, voted for the death penalty.
• 05/08/86 — Sentencing: Count I First-Degree Murder — Death; Count II Possession of Contraband — 15 years.
• 05/21/86 — Johnny Williamson filed a direct appeal in the Florida Supreme Court.
• 07/16/87 — The Florida Supreme Court affirmed the convictions and sentence of death.
• 02/29/88 — The United States Supreme Court denied certiorari.
• 09/27/88 — Governor Bob Martinez signed a death warrant.
• 06/12/90 — The State Circuit Court for Dixie County issued a stay of execution.
• 09/21/90 — Johnny Williamson’s 3.850 Motion was denied.
• 11/10/94 — In a consolidated opinion, the Florida Supreme Court denied the Habeas Petition and affirmed the denial of the 3.850 Motion.
• 10/02/95 — The United States Supreme Court denied certiorari.
• 07/15/93 — Johnny Williamson filed a second 3.850 Motion in the State Circuit Court.
• 01/02/97 — An Amended Motion was filed.
• 09/10/04 — The motion was denied.
• 05/16/95 — Johnny Williamson filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District.
• 02/03/98 — The federal habeas petition was denied.
• 08/08/00 — The Court of Appeals for the Eleventh Circuit affirmed the District Court’s denial of federal habeas.
• 10/01/01 — The United States Supreme Court denied certiorari.
• 06/29/01 — Johnny Williamson filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 08/23/05 — Johnny Williamson filed a 3.850 Appeal in the Florida Supreme Court (pending).

Background

Johnny Williamson was an inmate at Cross City Correctional Institution at the time of the murder of inmate Daniel Drew. He was serving a nine-year sentence for a 1984 robbery conviction.

While in prison, Johnny Williamson and Omer Williamson were involved in the sale and distribution of drugs. Omer owed inmate Daniel Drew $15 from a previous marijuana sale but decided not to give him the money because he believed Drew was lying to him. After hearing this, Williamson told Omer that they would have to kill Drew because Drew was a “country boy” and would be a threat to Omer if the debt was not repaid.

When another inmate, “Chickenhead” Robertson, learned that Williamson and Omer were planning to kill Drew, he offered to find a knife for them to use in the murder. When Robertson and Williamson were unable to locate a weapon, Omer returned to his cell and removed a metal rod from his sink that had previously been sharpened to a point by Daniel Drew.

The offence

On 06/20/85, Williamson, Omer, and Robertson proceeded to the maintenance shop where Drew was working and asked another inmate to send him out to talk to Williamson and Omer. Robertson was to act as a lookout during the confrontation.

When Drew came outside, Williamson gave him $5, telling Drew that he was having difficulty getting the rest of the money and would need a knife to obtain it. Drew then gave Williamson a knife he had made. Williamson signaled Omer, who grabbed Drew from behind by the throat. Williamson stabbed him and a struggle ensued. Omer threw Drew to the ground, kicking him in the head. After watching this for a short while, Omer became “grossed out,” gave the metal rod to Williamson, and left.

Williamson then sat on top of Drew and stabbed him repeatedly with both the knife and the metal rod. After killing Drew, Williamson returned the knife to Robertson, who buried it underneath a tree where it was later found. Williamson gave the metal rod to Omer, who returned it to his sink.

Investigation and charges

Johnny Williamson was indicted on 10/22/85 by a grand jury in Dixie County for:

• Count I: First-Degree Murder
• Count II: Possession of Contraband (Knife) While in Prison

All three inmates were charged with First-Degree Murder and Possession of Contraband.

Trial

Codefendants and outcomes

• Omer Williamson pled guilty to the charges and agreed to testify against Williamson and Robertson in exchange for the State agreeing not to seek the death penalty.
• Williamson and Robertson were tried together.
• Robertson was found guilty of the Possession of Contraband Charge.

Verdicts and sentencing vote

The jury found Johnny Williamson guilty as charged on 04/09/86.

On 04/10/86, during advisory sentencing, the jury by an 11 to 1 majority voted for the death penalty.

Sentencing

On 05/08/86, Johnny Williamson was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Possession of Contraband — 15 years

Appeals and post-conviction proceedings

Direct appeal (Florida Supreme Court)

On 05/21/86, Johnny Williamson filed a direct appeal in the Florida Supreme Court. He argued that the trial court erred in permitting a comment made by the State during closing arguments, alleging Williamson’s “guilt by association” following the guilty plea entered by his codefendant Omer Williamson.

Williamson also contended that, pertaining to the penalty phase of the trial, the trial court erred in its application of discrepant sentences among the codefendants and in its consideration and application of the cold, calculating, and premeditated (CCP) aggravating factor.

The Florida Supreme Court found no merit to Williamson’s claims and affirmed the convictions and sentence of death on 07/16/87.

The United States Supreme Court denied Williamson’s petition for writ of certiorari on 02/29/88.

3.850 motions and habeas corpus

Johnny Williamson filed a 3.850 Motion in the State Circuit Court. The State Circuit Court for Dixie County issued a stay of execution on 06/12/90. Williamson’s 3.850 Motion was denied on 09/21/90.

After the denial, Williamson filed a Petition for Writ of Habeas Corpus and a 3.850 Appeal in the Florida Supreme Court. The Florida Supreme Court denied the Habeas Petition and affirmed the denial of the 3.850 Motion in a consolidated opinion issued 11/10/94.

Williamson filed another petition for writ of certiorari in the United States Supreme Court, which was denied on 10/02/95.

On 07/15/93, Williamson filed a second 3.850 Motion in the State Circuit Court. An Amended Motion was filed on 01/02/97. The proceedings were held in abeyance pending the resolution of Williamson’s Federal appeals, and the motion was denied on 09/10/04.

Williamson filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District, on 05/16/95. The petition was denied on 02/03/98, and Williamson appealed that decision in the United States Court of Appeals for the Eleventh Circuit. The Court of Appeals affirmed the District Court’s denial on 08/08/00.

Williamson filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/29/01, which was denied on 10/01/01.

On 08/23/05, Williamson filed a 3.850 Appeal in the Florida Supreme Court; the appeal was pending.

Other details

Williamson’s death warrant was signed by Governor Bob Martinez on 09/27/88.