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Harold Lee HARVEY Jr.

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 2
Date of murder: February 23, 1985
Date of arrest: 4 days after
Date of birth: December 30, 1962
Victims profile: William and Ruby Boyd
Method of murder: Shooting (AR-15 assault rifle)
Location: Indian River County, Florida, USA
Status: Sentenced to death on June 20, 1986
 
 

 

Florida Supreme Court

 

opinion 69101

opinion 75841

 

opinion SC95075

 
 

 
 

DC#  102992
DOB:  12/30/62

Nineteenth Judicial Circuit, Indian River County Case # 86-322-B
Sentencing Judge: The Honorable Dwight Geiger
Attorney, Trial: Robert Watson – Private
Attorney, Direct Appeal: Robert Udell – Private
Attorney, Collateral Appeals: Ross Bricker & Jeffrey Koppy – Private

Date of Offense: 02/23/85

Date of Sentence: 06/20/86

Circumstances of Offense:

On 02/23/85, Harold Lee Harvey and Harry Scott Stitler, armed with a pistol and an AR-15 assault rifle, met and drove to the home of William and Ruby Boyd, intending to rob the Boyds. 

The Boyds gave money to Harvey and Stitler, but Harvey and Stitler decided to kill the Boyds. When the Boyds heard of the plan, they ran, but were shot with the AR-15 by Harvey. 

Harvey and Stitler left the scene, but Harvey later returned to retrieve the gun shells.  Upon his return, he heard Mrs. Boyd moaning in pain, whereupon he shot her in the head at point blank range.  

On 02/27/85, Harvey was stopped for a driving infraction in Okeechobee County and placed under arrest for the Boyd murders.  After being read his Miranda warnings, Harvey was questioned and gave a statement admitting his involvement in the murders. 

On 05/11/86, Harvey escaped from Okeechobee County Jail, but was located the next day, sleeping in a truck, by a North Miami Beach police officer.  When the officer woke Harvey, he pointed a gun at the officer, who fired his gun at Harvey.  Harvey escaped in the officer’s patrol car, but was caught and subdued. 

Codefendant Information:

Harry Scott Stiteler accepted a plea bargain, pled guilty to First-Degree Murder, and was sentenced to Life Imprisonment. 

Trial Summary:

03/07/85          Indicted as follows:

Count I:           First-Degree Murder (William Boyd)

Count II:          First-Degree Murder (Ruby Boyd)

06/18/86          Jury returned guilty verdicts on all counts of the indictment

06/20/86          Jury recommended death by a vote of 11-1

06/20/86          Sentenced as follows:

Count I:           First-Degree Murder (William Boyd) – Death

Count II:          First-Degree Murder (Ruby Boyd) – Death

Case Information:

Harvey filed a Direct Appeal with the Florida Supreme Court on 07/24/86, citing the following errors:  failing to suppress statements to the police, excusing a juror in the absence of the defendant, admitting evidence related to the jail escape, failing to declare a mistrial due to prosecutor statements regarding potential parole if the death penalty was not used, and insufficient evidence for the aggravating circumstances.  On 06/16/88, the FSC affirmed the convictions and sentences. 

Harvey filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/15/88 that was denied on 02/21/89. 

Harvey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/18/90, alleging ineffective assistance of counsel.  The FSC denied the Petition on 02/23/95. 

Harvey filed a 3.850 Motion with the Circuit Court on 08/27/91 that was denied on 03/17/93. 

Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/27/93, alleging ineffective assistance of counsel.  On 02/23/95, the FSC reversed the denial of the 3.850 Motion and remanded the Motion to the Circuit Court for an evidentiary hearing. 

The Circuit Court held an Evidentiary Hearing on 08/17 – 08/24/98 and denied the 3.850 Motion on 01/26/99.

Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/15/99, alleging ineffective assistance of counsel.  On 07/03/03, the FSC reversed the denial of the 3.850 Motion and remanded to the Circuit Court for a new trial.  A Motion for Rehearing was filed on 07/18/03 and is pending before the court. 

 

 

 
 
 
 
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