FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF
Appeal from the Circuit Court in and for Brevard County,
Robert A. Wohn, Jr., Judge - Case No. 052009CF043923AXXXXX
S. Purdy, Public Defender, and O.H. Eaton, Jr., and Nancy
Ryan, Assistant Public Defenders, Seventh Judicial Circuit,
Daytona Beach, Florida, for Appellant
Jo Bondi, Attorney General, Tallahassee, Florida; and Stacey
E. Kircher, Assistant Attorney General, Daytona Beach,
Florida, for Appellee
C. Josefsberg of Podhurst Orseck, P.A., Miami, Florida;
Robert G. Kerrigan of Kerrigan, Estess, Rankin, McLeod &
Thompson, LLP, Pensacola, Florida; Karen M. Gottlieb of
Florida Center for Capital Representation, Miami, Florida;
and Sonya Rudenstine, Gainesville, Florida, for Amici Curiae
Justice Harry Lee Anstead, Judge Rosemary Barkett, Martha
Barnett, Talbot D'Alemberte, Hank Coxe, Justice Gerald
Kogan, Florida Association of Criminal Defense Lawyers,
Florida Capital Resource Center, and Florida Center for
case is before the Court on appeal from two convictions of
first-degree murder and two sentences of death. We have
jurisdiction. See art. V, § 3(b)(1), Fla.
Const. Terence Tobias Oliver was convicted in Brevard County
for the murders of Krystal Pinson and Andrea Richardson.
Oliver now pursues the direct appeal of his convictions and
sentences, which are subject to automatic review by this
Court. For the reasons explained below, we affirm the trial
court's judgments of conviction and sentences of death.
We first set forth the facts of this case and then address
Oliver's claims on direct appeal, which include the
assertion that Oliver is entitled to relief under Hurst
v. Florida (Hurst v. Florida), 136 S.Ct. 616
(2016). We conclude by evaluating the sufficiency of the
evidence used to convict Oliver and the proportionality of
Oliver's death sentences.
and Pinson had been dating since approximately December 2006.
Although Oliver described his relationship with Pinson as a
"side" relationship, the two lived together off and
on during the span of their relationship. Sometime between
late May and July 22, 2009, Oliver called Leander Watkins,
his mechanic and a mutual friend of the couple, trying to get
in touch with Pinson. Oliver was concerned Pinson was
cooperating with the police regarding an outstanding warrant
for his arrest for a prior crime in Volusia County. Oliver
asked Watkins if he had seen Pinson, stating, "She's
going to make me do something to her."
and Richardson had attended school together in Titusville.
Growing up, Oliver would walk from school on the path next to
Richardson's house. More recently, in 2009, Oliver
purchased marijuana at Richardson's home, which was at
the end of W.C. Stafford Street, near a cul de sac.
the early morning hours of July 22, 2009, David Pouncey and
Eric Edwards stood near the road on W.C. Stafford Street.
Richardson's house was on the opposite side of the
street, approximately six or seven houses down the street
from Pouncey's house. Pouncey remembered seeing a person
crossing the cul de sac at the end of the street, but he was
not alarmed. Then, coming from the cul de sac at the end of
the street, he heard dogs barking and banging noises as if
someone were banging a stick against a metal trashcan or
knocking something against the door of Richardson's
doghouse. Richardson was known to have numerous dogs in his
yard, and at least one inside the house. The banging noises
continued for approximately twenty to thirty seconds.
three minutes later, Pouncey and Edwards noticed a person
running from the direction of the cul de sac. A few seconds
later, they noticed a second person walking in the same
direction. The only physical characteristic Edwards could see
was what appeared to be a pair of Timberland boots, worn by
the second person. Pouncey recalls one of the individuals
having dread-styled hair. Neither Pouncey nor Edwards could
identify the individuals seen fleeing the area that night.
approximately 2:25 a.m., as Edwards prepared to depart W.C.
Stafford Street, Pouncey walked down to Richardson's home
to check on him. Pouncey followed Edwards in calling out for
Richardson, but he received no answer. Inside the house,
Pouncey and Edwards discovered Richardson's body in a
fetal position near the side door of the house. Pouncey
nudged Richardson's body a few times before pushing him
over and finding him covered in blood. Pouncey walked away
from Richardson's body and called out for Pinson, whose
car was parked outside.
had been staying with Richardson. As Pouncey walked out of
the dark master bedroom, he tripped over Pinson's body,
which was positioned as if she had tried to get under the
bed. Both men ran from the house. Pouncey and Edwards ran
back to Pouncey's house and told a family member to call
the police. Pouncey called Richardson's brother, William
Davis, who also had been living at the residence where the
victims were discovered. Davis arrived and entered the home
approximately three to four minutes before the police
night of July 22, and the morning of July 23, 2009, Oliver
visited Felicia Whaley-his former roommate-and her boyfriend
in Satellite Beach. Oliver slept in Whaley's guest
bedroom. The next afternoon, Whaley was notified of the
murders of Richardson and Pinson. Whaley woke Oliver and told
him to get ready to leave because she had to go to work and
needed time to take Oliver wherever he needed to go. When
Whaley woke Oliver, he seemed "normal." After
Oliver finished a phone call, Whaley noticed that Oliver was
crying. Oliver asked Whaley to drop him off at a Walgreens
store in Melbourne so he could meet with some friends. Whaley
noticed a vehicle containing two women who were there to meet
women were Sheena Camiscioli and Chelsea Wilson, who arrived
in Camiscioli's Ford Explorer. Oliver got into the back
seat of the vehicle. He did not have any items with him at
the time. Camiscioli drove and Oliver instructed her where to
go. After dropping Wilson off at a friend's house,
Camiscioli drove Oliver to a duplex where Oliver's
mother's truck was backed into the yard. At the duplex,
Camiscioli stayed in the Explorer while Oliver went into the
house. Oliver returned with baskets of clothes and shoes,
which he put into the back of the Explorer. Oliver got into
the passenger seat and the two then went back to pick up
then drove to a house in Cocoa. When they arrived, Oliver
retrieved a shotgun from the back of Camiscioli's
Explorer and entered the house. Thereafter, he exited the
house with a handgun that he put into the backseat with
Wilson. When Wilson appeared to be afraid of the weapon,
Oliver wrapped it in a bag. While at the house in Cocoa,
Oliver asked Camiscioli if he could drive. With Camiscioli in
the passenger seat and Wilson in the back seat, Oliver drove
to a lake inside of an apartment complex, slowed the car
down, and threw the gun out of the driver's side window
into the lake. Camiscioli asked him why he threw the gun out
of the window but Oliver did not respond.
then drove to a Motel 6 in Cocoa, where Camiscioli rented a
motel room for Oliver for the weekend because Oliver did not
have identification. Camiscioli and Wilson returned to
Titusville for the evening. The police contacted Camiscioli
that night looking for Oliver, but she told them she did not
know where he was. The next afternoon, Camiscioli and Wilson
returned to the Motel 6. When Camiscioli saw Oliver that day,
he was wearing a braided wig. Oliver barely spoke to them.
was curious as to why Oliver was being distant so she walked
up to his room, alone. Oliver was sitting on the bed in the
hotel room. When Camiscioli asked him if he was okay,
considering Pinson's recent death, Oliver began to cry.
Oliver told Camiscioli that Pinson "was on a lot of his
paperwork and he was tired." Camiscioli recalled that
Oliver began to cry even more when he "mentioned that he
was tired of the domestic violence and [Pinson] always
calling the police on him." While crying, Oliver told
Camiscioli that he killed Pinson in Richardson's bed, and
he shot Richardson because Richardson was there and was
running out of the back door. Oliver told Camiscioli that law
enforcement was looking for him about the murders, but he was
not concerned because Richardson sold drugs at the house so
the murders would look like the result of a robbery. Oliver
also told Camiscioli he did not know why the police thought
he did it and that there was no evidence that he did it. The
conversation ended when Camiscioli turned and left the room.
She did not contact the police because, based on what Oliver
had just told her, she was afraid. However, she did tell
next day, the police came to the Motel 6 looking for Oliver.
Camiscioli and Wilson drove to the police station to give a
statement. At the police station, Camiscioli contacted
Tyrrell Oliver-her boyfriend and Oliver's brother-and
notified him that Oliver confessed to her and she was a
witness in the case.
28, 2009, Oliver contacted Watkins stating he needed some
money. Watkins contacted law enforcement to report
Oliver's whereabouts. While still in contact with law
enforcement, Watkins agreed to wire the money to a
supermarket in Cocoa and when Oliver arrived, he was
arrested. He was wearing a dread-styled wig at the time.
next day, Camiscioli directed law enforcement to the lake
where Oliver had disposed of the murder weapon. The Brevard
County Sheriff's Office Dive Team retrieved a .40 caliber
firearm and magazine, wrapped in the same packaging that
Wilson and Camiscioli had previously observed. On July 30,
2009, police went to the residence in Cocoa and recovered the
shotgun that Oliver had taken there. Oliver admitted to
having possessed the shotgun.
trial, the cause of Richardson's death was determined to
be multiple gunshot wounds to his torso and extremities. The
medical examiner identified three entry wounds and multiple
reentry wounds. Richardson was shot in the right shoulder and
lower right chest and had a graze wound to his scalp on the
left side of his forehead. The medical examiner also stated
that two of the bullets found could have possibly reentered
Richardson's body through his left elbow and left wrist.
All three shots were fired from at least three feet away. He
could not determine the order of the shots.
cause of Pinson's death was multiple gunshot wounds to
her torso and extremities. The medical examiner identified
eight gunshot wounds to Pinson's body. The bullets
entered her body through her chest, right arm, mid-back, left
lower back, right buttocks, and left foot. The order of the
shots could not be determined. At least three of the shots
were fired from within three to four feet. Pinson also had
minor abrasions below her chin and above her right knee and a
superficial cut over her left knee. Pinson also had a
"very superficial" ankle injury. The medical
examiner stated that none of Pinson's injuries would have
resulted in her losing consciousness instantaneously. The
medical examiner could not determine how long it took before
Pinson actually died. He only indicated that it could have
taken "seconds to minutes." The medical examiner
stated that, even if Pinson were asleep, she would still have
felt pain until she lost consciousness and that, once Pinson
lost consciousness, she would not have regained it.
.40 caliber shell casings were located near Richardson's
and Pinson's bodies. There were two bullet holes in the
bed sheet and the mattress, one at the top and one in the
middle. There was also a bullet hole in the box spring and
another underneath a sofa bed in the same bedroom. There were
no signs of forced entry into the home. The .40 caliber Smith
and Wesson High Point model pistol used in the murders holds
eleven bullets, ten in the magazine, and one in the chamber.
As long as there is a bullet in the chamber or the magazine,
the gun can continuously be fired without being reloaded. All
of the shell casings and all of the bullets in evidence were
fired from this gun.
March 16, 2012, the jury found Oliver guilty of first-degree
murder for the killings of Pinson and Richardson. The jury
also found Oliver guilty of armed burglary of a dwelling with
discharge of a firearm causing death. The trial court
additionally found Oliver guilty of possession of a firearm
by a convicted felon. The trial court sentenced Oliver to
death on both counts of first-degree murder. Oliver was
sentenced to life without parole on the burglary charge. On
the charge of possession of a firearm by a convicted felon,
Oliver was sentenced to five years in prison. On June 15,
2012, the trial court followed the jury's unanimous
recommendation and imposed two death sentences for the
first-degree murder convictions.
appeal, Oliver raises four issues, which we address in turn:
(1) the trial court abused its discretion in admitting
testimony regarding a shotgun that was not used to commit the
killings and allowing the shotgun to be published to the
jury; (2) the trial court erred in denying defendant's
motion for mistrial where the prosecutor argued lack of
remorse; (3) the trial court erred in finding that the murder
of Richardson was committed in a cold, calculated, and
premeditated manner; and (4) Florida's death sentencing
scheme is unconstitutional pursuant to Ring v.
Arizona, 536 U.S. 584 (2002).
of the Shotgun
first claim, Oliver argues that the trial court abused its
discretion in admitting testimony regarding the shotgun and
in allowing the shotgun to be published to the jury when ...