Petition for Writ of Certiorari — Percy Allen Stucks, Petitioner v. Florida

Supreme Court briefMar 3, 2021

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First District Court of Appeal

State of Florida

No. 1D20-752

Percy Allen Stucks,

Petitioner,

State of Florida,

Respondent.

Petition for Writ of Prohibition—Original Jurisdiction.

September 21, 2020

Per Curiam.

Percy Allen Stucks has filed a pro se petition for writ of

prohibition seeking review of the trial court’s “Order Denying

Defendant’s Motion to Dismiss Pursuant to Florida Statutes

776.032 Justifiable Use of Force ‘Stand Your Ground.’” In case

number ID 18-1460, this Court dismissed an identical petition as

unauthorized pursuant to Logan v. State, 846 So. 2d 472 (Fla.

2003) (holding that, generally, a criminal defendant has no right

to partially represent himself and, at the same time, be partially

represented by counsel). When Stucks filed an original petition for

writ of prohibition directly in the Florida Supreme Court, the

supreme court likewise dismissed his case based on Logan. Stucks

v. State, No. SC19-2067, 2020 WL 639398 (Fla. Feb. 11, 2020).

Nothing in the current record has changed in regard to Stucks’

pro se petition. Stucks still retains counsel below to represent him

in his criminal case; nothing in his petition indicates he sought, or

would be seeking, to discharge counsel in that proceeding as

required by Logan. 846 So. 2d at 474. Therefore, in light of the

decisions from this Court and our supreme court, we dismiss the

petition with prejudice as being barred by the doctrine of res

judicata. See Fla. Dep’t of Transp. u. Juliano, 801 So. 2d 101 (Fla.

2001); Hyland v. Inch, 291 So. 3d 1024 (Fla. 1st DCA 2020).

Dismissed.

Ray, C.J., andBlLBREY and JAY, JJ., concur.

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

Percy Allen Stucks, pro se, Petitioner.

Ashley Moody, Attorney General, and Daren L. Shippy, Assistant

Attorney General, Tallahassee, for Respondent.

Supreme Court of Jfloriba

FRIDAY, JANUARY 29, 2021

CASE NO.: SC20-1573

Lower Tribunal No(s).:

1D20-752; 162016CF006391AXXXMA

PERCY ALLEN STUCKS

Petitioner(s)

vs.

STATE OF FLORIDA

Respondent(s)

This cause having heretofore been submitted to the Court on jurisdictional

briefs and portions of the record deemed necessaiy to reflect jurisdiction under

Article V, Section 3(b), Florida Constitution, and the Court having determined that

it should decline to accept jurisdiction, it is ordered that the petition for review is

denied.

No motion for rehearing will be entertained by the Court See Fla R App.

P. 9.330(d)(2).

POLSTON, LAWSON, MUNIZ, COURIEL, and GROSSHANS, JJ., concur.

A True Copy .

Test:

^22

John A. Tomasino

Clerk. Supreme Court

Served:

DAREN L. SHIPPY

PERCY ALLEN STUCKS

GILBERT LEE FELTEL JR.

HON. KRISTINA SAMUELS, CLERK

c*h,b;f(ij

s&S*

fourth

CASE NO.: 16-2010-CF-6391

AXXX

DIVISION: CR-B

STATE OF FLORIDA

PERC nA,LLEW STUcKS

Defendant.

iTlON1 r,

pen;

JOB

111

an,'s Mo«on to Dismiss

enacted Stand Your

Fl°rida ,OW has 'ong recognized «hal E Jl nT

^efens and

Ivee.

defenseal tdal lha, his U8eofforea^ J* **"*"«"BU0 BS an

. 8 dSfendanf

establishes enti.lem, n, to ^T Se0,'°n 776 032 c°"*°">P'ates

objected to trial, fisanitu/J^ 51 So , ,

«""**% w„, not be

,n the 'nstant case, Defendant p

( '3' 2010)

roommate, Dorelte D. Davis ("DavisVln to^ tom 8' Sh0t

Mlled ■* girlfrlend/Iive-ln

Qnd De3roe Murder and

one count of

® amendment creating

ie 9, 2017 That subsection

provid

es:

exhw **/

^ i

Tampering with Evidence Thai™,

based

s“'to"7™»32(i).nM1

a Statutes, P'pvldus in relev

flnt part;

such force.. As U^?,l'n,nun'»

sssr^^sr ESSrSa:-Section 776.012

"-Jssffir

FforWa Statut

6®. provld ®s in

'a Justified in

for the use of

mtevani part

I*T«1

tolmm

Ground" Motion, the Defend

ant must pro* s P»ra preponderance of,he

sin response to aw,,

Prevent imminent death

170 So. 3d 766

Court

shooting of Davis wa

‘

Y°Ur

12ic ,

132 So. 3d lieo,

• 121 So. 3d 608, 612 (F|a j,u

standard to,e

ease). This analysis entails

ndpnt's self-defense claim In

asking whether b

murder

asec rinh,*"0 C^rCUms^Bnces as they

appeared to the defend,

ont when he acted,

d teaso

foe same ci

rcumstences and knowing what

DCA 2013) (applying objective

same force

as did the def«

nd®n*. j^sbtSK* is

2 3o.; i

a at 1

W0UW have Us®d foe

(emphasis added).

In reviewing a"

Stand Your Ground” IWot on

even when there

the e venta besides the Defendant

are no other witnesses to

. the cjHJrthnot required to a

testimony In support of his M

rua

CCSPt ,h® D0fendant's

otion as t

2d DCA 2012). The court

Defendant's

223 so. 3d

^::nr;r,,8hed by °mer

tor Immunity under section 776.032. F, )rlcla s

to dismiss

are entltied to deference and must be ftod.. .

^ ^ courts factual findings

by comPel®nt substantial evidence."

-a§§B*JJ6_Statg, 103 So.3d 227. 229 (Ff|a' 4th

conclusions am reviewed da novo.”«. a, 230

DCA 2012). “The trial courts legal

Stete y. Dhnvots, 230 so. 3d 35 37 (Fla.

4th DCA 2017) A denial of immunity do

sta,n nuJn0tJ3reClUd9ac,aimofael^fen

affirmative defense at trial.

se as an

v' Pfe as £8. 2 30 So. 3d 35. 39 (Fla. 4th DCA

2017)(citatlons omitted)

FINDINGS OF FACT:

During the evidentiary hearin

Alphonso Walker. James Small,

Associate Medical Examiner. Th

9. the Couit heart the testimony of Pemy stuck

Detect! re E. V tells, Detective M. Chlzik and the

e Court ohser\ed the deme

made judgments of credibility. The Cour

anor of the witnesses and

motion,

hearing on March 5.2018 and finds as folllws:

©red the Defendant's

A], and arguments

presented at the

The Defendant testified that he hi

d a re,ptlonshlp with Davis th

killing by over a year. He testified h

at predated her

ewoiiltfhelp her to move and that he would spend

nights with her at her

request for her pro(e<jtlon The Defendant went Into detail about

Davis* history of drugs and mental llln

038

^ tf at she had In the

Items at him and he would la

past thrown household

ave. He sp< © fcalh

detailed

a vase and

evening where Davis threw

vacuum at him and punched ilrh

. In

die mouth. She then pulled a knife

chased him. He claimed he had heart thi

and

r ext day she was arrested for fighting with

her landlord. He testified Davi

3 got a volun

he visited her numerous times. Despite tf ary commitment to Weklva Springs where

ede incidents, each time he would continue

their relationship. He would continue to

evening.

9<» ( nd b lay with Davis after class In the

In late M

®y or early June 2016

Street. Defendant testified Davis

asked

arson

of the killing, Friday, July 8, 2016,

Dai is happened to be slaying with him. The

Defendant had

worked until 4:30 p.m.

ard arrived home

at approximately 5:30 pn, a,

which time he found Davis i

s impaired. Da/lsvi

as slurring her speech. He saw a crack

where Davis threw college text books at

nose and oausln , h to 11

unreasonable and he could

•feed "hard". He claimed she wan

not calm h< »r down.

She grabbed

a regular kitchen knife and

'« atop, he grabbed for his gun In hi

swipe he realized she was not

going

sbng with both hands, racked the fir

her third swipe he pushed her off with li

hand and the gun which wa°sThrn<,°n

hand went off. Davis was hit and fell to

hp ground. The Defendant testified he aright

the drug paraphernalia in

put all

a box and left ft

Tallahassee, where he got a mom and Uontf e bed. He panicked and ft

ed by driving to

ceeded to drink all night. The

11.00 a m. he called the landlord, Rove

next day, at

end Walker, ("Walker”)

the room. From Tallahassee, the Defend

and asked him to unlock

Pensacola

•ruck broke down. The following MondaV

®re he testified his

hs ret urned to Jacksonville,

and saw the body of Davis with blood evferW

wont to the room

h4re.

° was questioned about

and whenithew

«nt.

Later

that

night he returned to the

scene and proceeded to clean the crime sc

ene and dispose of the body. Th

then fled to Georgia to look for work.

o Defendant

Th© Defendant was

confronted by p< tliee

where he was videotaped. During the hairing

by drugs and alcohol when he talked to tie

supplies to clean the crime

gave an interview

lt° Def0ndant testified he was im

pollc e on July 12, 2016.

not remember much of what was said

11,2016 at approximately 2:30

m Georgia and he

H i (lid admit on

paired

Therefore, he did

cross examination that on July

a.m., he v re 11 to Walgreens to purchase cleaning

scene; that he Uiedti

e comforter to wrap Davis's body; that

he used the rug in the house to move Dai

8 8 b°1y; that he burled h

with the rug, with leaves and limbs

©r and covered her

■ Defendant Sfeciflcally denied th

there or paid him rent.

at Davis ever lived

fl» landtea

0 30 Wa

<er ("Walker"), testified that he rented the

n the room at "1322 Eaverson Street• l-e

(|)e sonf wed .that D

test*

can yo

celved a text

u unlock my room I lost my key". [s(aie

cvers a on back and forth via text where

claiming! tc be

Miami. Th e Defendant

repeatedly denl« s

why the woman in the room won't answL

* ..

his I

that he_did-1 not look In the r°°m and net/ler thought

dead. °n July 1,, 2016| Wa(|

^ h‘8 ^ «*» woman 2 l t

9°,n0°" when questioned

*a,e Ex' 1z'1dc|J Walker testified

9h! for 0 n>oment that the person was

‘h° «*—. had

Defendant as to what was going on Th« CefTT' “ h<9 reaChed °Ut to question the

BBk2

^ ha^ ‘ ^ ** - Walker agreed to meet "

Tta

When

*v. H.

„

on to POM,. „ „

"» »w n. M ■» mm

"*•»«*» Wktar Mu „,„*•“»I—

«r20,61—--■ - - ;pp zrzzzr *

°ohot or

"Dio Court heard the testim

onyof

home at Ea

verson Street. He also confln

ir las

°iaM who was al

so a tenant In the

thai Davis lived in the room with the

H. toeewta

endant was very protect!

ve and possessive

Defendanl with cleaning gloves rags and ,1i to .0 avis. He testified about

seeing the

Defendant who told him he had a^ wi,

cleaning blood. He confronted the

11-ravin because she wanted t

peopie. The Defendant was trying to convl,..

o see other

C9 him lo convince Walker not to

police and tote, the Defendant take care o,t

q i ..

call the

Sms" lestified he did in fact notify the

landlord, who then called the police.

The Court further heard fro

m crime i c@ ne t3chni<=lan, Detective Wells

the scene, the trail of blood

regarding

the bloody fbo pflnt,

he diagram of the room wh

was killed, and all the crim

ere Davis

6 scene photos. S ate Ex. 1a-1bbb] Significantly, she

testified that there was

no evidence of drug i, olrug

Paraphernalia (despite finding the

•6*

®mpfy wooden b

OX on tbe bed)

as 10 lh® size and di

have transpired

• or a <n ifo fc

tensions of the

00m a

fd ,h* ^IkeZl^Z* W°"8 ‘°8,m0d

as detailed by the DfiL

e idar

Davis

8WUng around (hr

described by fhe Defe ®e times as d< »sbr

ndant, and consIsLnii

knocked

lav©

no evidence of BUCh di

sarray.

Q°orgia, (ho Oefr

endant‘8

yarding vide

'n Georgia. Upon bei

ng confronted at tl ie hotel in r

■

°©fendant at a hotel

G*OI®h’the Defendant lni.i»m

refused to 90 with ponce but after a thil 7

•3JThe Defendant w

©ndant,

room.

ew5dw

as mlrandteed and

Detective r., ,

a(co. , e

‘e8,,fi0d ,he defendant

question.

s no Impaired and he did

alcohol. Further, the C

curt made observai

tlons tjf the Defendant’s de not smell of

interview

—...

w"m««m»mwI; lot

the Defendant tolddetecti

ves he had just

n9 questioned

w 3ken up and was

anything. He admitted In th

not

under

the

influence of

e Interview (halt Davis

lived

with

rent.

stated

out th r.

^e* together and thit

m and was paying him

ut. The Defendant told the detectives J ■I on a point he hadb

©en the one to move

a| V •ht it on (hat Frida

because Davis had said she met

y, they had argued

this first version claimed h

he lost his ke vs so he asked his landlotd li check on hTs

a glr. was ,ying on the ground ^

'°

°'a,med

»* ™om and his landlord told him

• When he C0me back to the room on Su.d

DaVl8 W88 8,111 mad at

an* •« again. The Court notes that ££ dtll TT ^

™

or on drug, I. was actual,, the detective i £ ££* *°* °m* ***

drugs. For most or the Interview, the Defell,

9© of what

£5<hi bH*l

happened. He claimed he

always had 91 att rest

eel for Davis and that she was the fi

person to make him kiss. The Defendan tf

irst

on Invokes his right to counsel but after

some time reinitiates contact with

police ar dag

rees to talk. Finally, the Defendant

states Davis was mad at him because hr

m to

r»-:-“~iEcrr:—-

|o spend time with

spells". That she had been drinking and

grabbed a Kitchen Knife.

He told detectivi 1

8 *** *< 'W her he had a

Then he fired a shot to get her off. He ad netted (hat Davis

gun and to calm down.

she was Just holding up the knife. He sta ec

"never respect nothing I did". He stated It

never tried to stab him; that

thaj Davis never took him seriously and

T aijound three minutes from the time she

grabbed the knife to when he shot h

er. A; to r the shooting, he stated he panicked

her clothes, the knife and left. Subsequer tlj

, took

he admitted cleaning the room and

disposing of her body. The Court further < b

uervf photos of the Defendant taken by

detectives. There ate no Injuries to his ha ic

s, hi* arms or significantly to his face,

The Court observed the surveillam e

video of the Defendant in Walgreens

on July

11.2016 at 2:20 a.m. purchasing the clesilL ft*

ms which he used to clean the crime

scene. The Court notes the entire transact tat

©a approximately three minutes. The

Defendant brings Items to the counter

anc . fry all appearances,

punches in his phone

number or rewards number then pays in c

ash. H<» goes back to buy garbage bags and

once again punches in his phone number or

Walbreens card number and pays again in

cash. At no point in the video does the Derei

hdan t appear impaired, frightened

, and

despondent or any of the other emotions t|o yi/hici) he testified.

Th© associate medical examiner te ill led

1 egardlng the autopsy. Davis was Killed

by a gunshot wound to the back of the heid The path of the bullet was back to front

and left to right and upwards. Due to the ds

comp Mltlon, he could not testify regarding

the distance from the shooter. Tissue samftlJi

s w<fre tested and the liver came back

positive for very low concentrations of alcohol anil

marijuana. Due to decomposition, the

results and the levels are not reliable. The e was no

cocaine in the body.

®^SJ££A!§T

evidence

^PHQ rCGR

evid#

PHS

^l^fbluehouse

l_Stlw Photo of Dafenri

flnt com ni in c

SHH Photo ^^ntwtth^ °or of Walgreens

SWI photo,

on Eavors on at

Profile of Defends

Alt

^n Walgreens

l!!^£?!!lfreaafntoli|

’ photo oftrash^

carpet

Photo, close

“Qp of trash, carpi rt

Photo, close-up of trash and

cartoUiom other angl

I Photo of

carpet being nmnm,

^^^bedspread

cove in Jbody

^goof deceasedvictlm

A12

Photo of Defendant,

[Photo of

A10

taken July

A13 |^° of Defendaci^rioh7h^Ji

A15

Aie

At7

A10

Aie

A20

A21

1fl

2016

Photo of Defendant’s left h

Photo of Defendant's right

and

arm

Photo of Defendant's left

arm

Phol° of Defendant's chin

Photo of Defendant*8

let

right side 4f I ace

fhojo of DefendanTsleftsirinTrf

fa :©

Photo of front porch

of blue house

^ f / J :i

i >

WIDEUce

A22

EVIO#

A23

blood sp**■ marked

A24

A37

y. evidence placards 1-7

Photos of Cell ph

one with ti* met

sages

Diagram of house

end stree

Diagram of house

A38

photo of boot prinT^

A2SA3g

A30

Photo of hallwa

1)(

iy-111

lick

A39

Photo of Receipt f

^ floor

rom Walgr jdis

Photo, close

-up of Walgreen; i r acaipi

A42

111

1mm

Inn

1oo

A43

Photo of f|

-rt0 entrance oft e, >fnnt:

A44

Photo of bed

A45

Photo of d

Ipp

1qq

In-

tobtigs

Isa

A47

Photo of bucket with dirty BriN

A48

Fads

Photo of fi

°or' coagulated blocld

1uu

A40

Photo of floor,

1vv

AGO

coagulated blood

Photo of |arge kmfejmder^ ~

1tt

Pup Icate/mtetaKo)

1ww

A51

A52

1jck

laptop bag

Photo, close-up of teuton haff

■flyy

c or tenfc

A53

Photo of gun

1zz

AG4

Photo of swab from gun

1aaa

AGO

ME Photo: gunshot wound to bi i

AGO

1bbb

el: of head

ME Photo:

VC 'I

1ccc

to back of head

1ddd

•• •»

CONCLUSIONS;

After

^-Jg^wjnglhetoteii

0/ the

feriininSiSLindph

® Defend^n j

SgCourtfinri,

and convfnrj

jcal evict

gnce present

^ !!g.d to m«B. h.. b

urn v©r,

^teiWorUh^^

multiple and

Jgconidei

varied versions of the even

***^s^rr

9. asu zLSSj^acflonssubs

cr©dlt the

SWtoiiivZrZ

show a deliberate""

fguent to the

^Jjjmofaeirdefense, Thf»y

JSgnjfonofalco^, a

aibJ. HieC

appear to

_nd drug u&an

Ends it 81 ai^gnt that the finat

.Defendant

•"“"W'» eeST^

222 ©from the

Ilpoand nnt f

efsnda it'fdei,

088 not find credibl

hooause he wae |

©a »ycc

n fear and felt«

bodily harm.

Waa necassary

finally, o

i ° Pr©vent imminent d

avis was shot In (ht j.

oath or great

explanation for this point

fcack >f the head

of entry fa total/

8nd ,he Defendant's

that she

V^redlhte,

was in the

and not consistent with

Process of attaching th(

the defense of **

any theory

defer

dent. Defendant rental

Stand Your Ground"

a*ns free to raise

at trial

-^°^inglyj((8hereb

E*"- - “*««««,

-MgffliSgJs DEMlgfT

OOWE In Ch

ordered

a£A3jUDQEDthn

^Bganl'a Morinn

f^HifckaonvWe,

W^i°!fIlS^L£l^^fejhlsjs^ofM^gh

///, ,r

£///■ *

Ircult Judge

'/L

Copies to:

^sssar

ei htn 4 /

Flrtt Ap/tnntuiiv;

i38fi£>

Coiulmmt:

GhiOhmiv/.'

Continued:

\Cttnlimtetl:

Ifoflilniifrf'

Continued:

Ctmllmtnl:

Yr 2016/„c #453875

Arrest And Booking Report

Jacksonville Sheriffs Office

Jacksonville Florida

2016 CF 006391

—

felony

Amend #

PrevJuvJatUt

Jail# 2016018775

7/10/2016 13:31

Flh Direct. YES

Cmir/: Circuit

JSOtDH

OBTSH

SSN

Route To:

lin-exltng Agency. Jacksonville Sheriffs Office

Day/Dute/Time Arrested: Tuesday 7/19/2016 12:50

Nome:

CLERK COPY

STUCKS, PERCY ALLEN JR

Aliases:

Nicktutme(s):

Arrestee's Home Address: 1322 EAVERSON ST Apt,/Lot #:

City JACKSONVILLE State: FLORIDA Zip: 32209

'/■«,-120 Cnmstreet:

DOB: 11/14/1985

Height:

Age:

Sub-Sector: M3

OC deployed prior to/dttrlng Arrest: NO

Weight (tbs);

6’ 2"

170

«„«■:BLACKa/micir NOT OF HISPANIC ORIGIN*, Male

£w Co/or BROWN //a/r Cn/or BLACK Complexion; MEDIUM Build: Medium

ECD Usage: NOT APPLICABLE

RTP written related to this tnctdeiuj NOj?t

/jurtrfgnrftw.

Is tat Offense n hate crime? N Ql^jmO^^ai^datim^vIj^^ce ffimaZ NO Jlcattired to register as a sex offender? NO

Suspect Intake Miranda? NO .Ir^s/vvttectlTT^TTmtshhnatlim^' MO Arrestee CnnfMi*df YES Miranda Rights Given? YES

Disability or Special Consideration:

Accnmnmlutium Requested:

Driver's License tt S320a661*85-414-0 Stale: FLORIDA Subject's Resident Type: CITY

Hat Phone H

Bus. Phone #

Phone Ext.

Cell Phone W (904)-680~8631 Cell Phone Provider METRO PCS E-mail

Is Vagrant? NO

Arrest Made On: OV

Subject's Residence Status: RESIDENT Aimed With: HANDGUN (DISCHARGED)

Distinguishing Marks: CROSS ON RIGHT SHOULDER

Employer.

Place of Birth. JACKSONVILLE DUVAL FLORIDA UNITED STATES Country of Citizenship: UNITED STATES

School Last Attended;

Z^fNoJs it Dotnestic Related:

C IDomestic ViolenceJnyplved: NO

Children under 18 Present:

JEgfci_________

NOj I

Day/Date/Time ojIncident-To: Tuesday 7/12/2016 00:00

Dny/Dnte/Time oJ Incident-From: Friday 7/8/2016 00:00

Incident Address: 1322 EAVERSON ST Apt./Lat #:

City JACKSONVILLE state; FLORIDA zt,,.- 32209

Tin: 1 20 Croxsstrvai:

Salt-Sector; M3

Offense Locution Type: ResIdenCG-Hom© Interviewed by; D.K.SCOTT Interviewer ID: 7714

Where Arrested: 501 BAY ST E Apt./Lot tt;

City: JACKSONVILLE State FLORIDA Zip. 32202

To:: 97 Groxxxiretfi:

Involved In Traffic Accident: NO

US Citizen. YES

Injuries from Accident;

JUL 2 0 2016

Sub-Sector. A3

lx Arrestee a Gang member? NO

h Incident Gang Related: NO

Statute or Ordinance Nuniber(s): #1

SHf/mr Mi: 782.04 Degree: Cf UCR C<i</(?.Q9QA Attempt Code: Comnnilt

7/19/2016-12:55

MURDER

Citation It

SAtt

Jsu Control It

Warrant/Case tt

|adlt STUCKS, PERCY ALLEN JR

Warrant

ARREST REPORT

rgitfi

Jail# Z0I6O/877S

ADLT

1450; I emailed an exigent request form to T-Mobile, requesting location and phone records for the cell phone of

Percy Stucks (suspect).

1500: I called T-Mobile and spoke with Megan, who advised that she will send Information in reference to the

above phone to my email.

1511: I received the first of numerous emails from T-Moblle. AH emails showed that the suspect's phone was

stationary, at the Scottish Inn (3888 Highway 17), in Richmond Hills, Oeorgia.

1555: At the request of Detective Scott, Detective Edwards and I arrived at 2161 Kings Rd. (Dollar General) and

conducted an interview of John O'Neal (witness #1). The witness stated that he is a crack cocaine addict and

generally buys his drugs from a black male he knows only as "Smoke". The witness stated that "Smoke" sells

his drugs from a yellow house, which Is next door to this crime scene. The witness stated that he was at the

above house on 07-11-16, and overheard "Smoke" speaking with another unknown black male. The witness

stated that "Smoke" said that a female was saying that he sold her bad drugs and she was going to report

"Smoke" to the Police. The witness stated that "Smoke" then stated that he was going to get the remale "fucked

up".

1630: I emailed the cell site and verbatim phone records that I received from T-Mobile to C. Rivera (Crime

Analysis Unit). I requested that the above information be mapped and an attempt made to Identify poople that

the suspect spoke with.

1800: I received the above information and forwarded It to Detective Edwards for follow-up Investigation.

Note: Detective Scott and I travelled to Richmond Hills, Georgia and made contact with the suspect at the

Scottish Inn. The suspect agreed to come with Detective Scott and me to the Richmond Hills Police Station and

speak with us in reference to this incident.

Note: During the above interview, the suspect invoked his Constitutional Right to an attorney. Detective Scott

and I immediately terminated questioning and departed the Interview room. At 2336 (07-12-16) tho suspect

asked to use the restroom. I escorted the suspect to the restroom and then back to the room where he was

interviewed. When we returned the suspect asked me If I would sit down and talk to him. I explained to the

suspect that ho requested to speak with an attorney and that I could not speak with him anymore. The suspect

told me that he did not want to look like a monster and again asked If I could sit down and speak with him I

asked the suspect If he wanted to speak without an attorney present and he replied "Yes". I then left the room

advised Detective Scott of the suspect's statements. Moments later, Detective Scott and I returned to the

interview room, and again advised the suspect of his Constitutional Rights by a standard rights form The

suspect again stated that he understood and signed the rights form, at which time Detective Scott and I

continued the Interview In reference to this incident.

Note: This concluded my independent Investigative efforts In this case. Refer to Detective Scott's Supplement

Report for any further Involvement by me In this case.

CASE STATUS

Cleared by Arrest, over 18, by Detective.

('/iwwhi'i' Sunns: CASE NOT CLEARED

(lemtmv (tnh' NOT APPLICABLE Ihne cute \utu t,wvif

\umln'r of (if vn ('leitred

1‘a.tv \<>t cituivj lyin': CASE NOT CLEARED (DETECTIVE FOLLOW-UP)

CRIME ANALYSIS

Ananimii'ilAxtiiult/Mimtt'r. ARGUMENT

Tym-ofWi'umm: HANDGUN (DISCHARGED)

Fun fil

NOT APPLICABLE

Stnuittre Oe,u/utne\ Co,If

NOT APPLICABLE

Number oj premise* Fntetv,!-

imillion T\/>«•.- Residence-Home

Incident Occurred Inside this Location

Number of / 'eblcles Kerovereil

St liinil Name: Sellout .Number

in, uinu o,, wm/ /«the Purkmy, i.oiui this i.tnatioo No

Number of Arrested.

MISCELLANEOUS:

I* Offense Refuted to Ounmiic Fiuleiue No

If w. Hvn> Children under IS Present: No !/ No li 11 thiiiiexoi- ft,■lute,f; NO

/»there uddiHontif Infhnmitlim In, hided on u eonliniintiun re/uu t: No

’Iff there other Pertinent Ke/iu tie No

SUP I'lifje J ofI

liute Print,;f A .< Ml I ft

MIKE WILLIAMS, SHERIFF

2lH6d.\i,H7S

SUP

m.a

IN THE CIRCUIT COURT, FOURTH

JUDICIAL CIRCUIT, IN AND FOR

DUVAL COUNTY, FLORIDA

STATE OF FLORIDA;

Plaintiff.\

VS.

CASE NO.: 16-2019-CF-6391

PERCY ALLEN STUCKS,

Defendant.

MOTION TO COMPEL ADDITIONAL DISCOVERY

Percy Allen Stacks, the Respondent, pro se, moves this honorable court to

order the State of Florida to furnish the Respondent's counsel with the following:

1. State witness Janies Small‘s Florida Criminal records

2. Ms. Dorelle Davis ’ Autopsy Report

3. Ms. Dorelle Davis' Wikivia Springs Mental Health Resource Center records

from January 01, 2016- July 01, 2016

4. Walgreen photos from July 2016

extibn * 3

MA7 5/

5. Ms. Dorelle Davis' Criminal records from Florida and Pennsylvania

6. State witness Alphonso Walker's Florida Criminal records

7. JSO Evidence Technician S. Wells' Problematic Officer Division records

8. JSO Detective M.P. Chizik s Problematic Officer Division records

9. State witness John Oneal's sworn affidavit

10. State witness John Oneal's Florida Criminal records

WHEREFORE, the Respondent respectfully requests this court to grant the

foregoing Motion to Compel, and as good grounds therefor states that dis covery

pursuant to Fla. R. Juv. P. 8.060 was properly demanded on #}'0

Respectfully Submitted,

/s/

Percy Allen Stucks, Appellant, Pro se

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was

delivered to the Office of the State Attorney, 311 West Monroe Street,

Jacksonville, FL 32202 and to the Duval County Clerk of Court, 501 West

Adams Streep Jacksonville, FL 32202 on this

^®3gL_2020.

day of

IN THE CIRCUIT COURT, FOURTH

JUDICIAL CIRCUIT, IN AND FOR

DUVAL COUNTY, FLORIDA

STATE OF FLORIDA,

Plaintiff,

CASE NO.: 16-2016-CF-006391

VS.

DIVISION: CR-B

PERCY ALLEN STOCKS,

Defendant.

SWORN MOTION TO DISMISS

Comes now, the Defendant, Percy Allen Stucks, pro se and pursuant to Rule

3.190(c)(4) of the Florida Rules of Criminal Procedure, moves this Honorable

Court to dismiss the Information in the above-styled cause, and as grounds in

support thereof alleges that there are no material facts in dispute and the

undisputed facts do not establish a prima facie case of guilt against the defendant.

The undisputed facts upon which this motion is based are as follows:

1. The State has failed to provide the sworn affidavit of State Witness John

O’Neal. See Exhibit 1.

2. The State has failed to provide the body camera video; of State Witness

John O’Neal. See Exhibit 1.

3. The State has failed to provide the depositions of State Witness John

O’Neal. See Exhibit 1.

4. According to STATE OF FLORIDA v. DEBRA DEE WEINBERG, no.

5D00-1339. Feb. 9,2001, “Investigating officer was not a material witness

and thus information charging with obtaining a controlled substance by

fraud could not be based solely on Officer’s affidavit, where officer simply

collected evidence in form of altered prescription, which doctor’s office

verbally verified has been altered; only doctor and pharmacist, not officer,

were material witnesses.”

5. According to Florida Rule of Procedure 3.140; “information charging the

commission of a felony shall be signed by the state attorney, or a

designated assistant state attorney, under oath stating his or her good faith

in instituting the prosecution and certifying that he or she has received

testimony under oath from the material witness or witnesses for the

offense.

exh;bu* 'V

6. Assistant State Attorney Erin Perry never received a sworn affidavit from

State Witness John O’Neal; before filing charges. See Exhibit 1.

Wherefore, the defendant requests this court dismiss the Information in the

above-styled cause.

Respectfully submitted and served,

/s/

Percy Allen Stucks, Defendant, Pro se

Jail No.: 2016018775

500 East Adams Street

Jacksonville, FL 32202

The Within named person (Affidavit), Percy Allen Stucks , who is a

resident of Duval County, Florida, Personally appeared before me, the

undersigned Notary Public, and makes the above six (_6_) statements he own

sworn statement under oath, and personally acknowledges the facts set forth are

true and correct to the best of

Dated this / day of ^ /

/s/

'/■L's'i

dif/

, 2020.

Signature

of affidavit

*N^

State of Florjcja, County o

me this

day of /

'uval subscribed and sworn to, or affirmed, before

,1;/</$*<

, 2020, by Type of Identification,

)

</:

;v-—-) ft H '' j/

Notary Public

7^ /- —

SEAL

Signature of

My commission expires

CONSTANCE R. BARAHONA

Notary Public, State of Florida

My Comm. Expires 09/27/2023

Commission No. GG35973Q

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by U.S. Mail to the Duval Clerk of Court, 501 West Adams Street,

Jacksonville, FL 32202 and to Assistant State Attorney Tonya Patterson-Barge,

311 W. Monroe Street, Jacksonville, FL 32202, on JjiA/utiry S, Z OZI

/s/

Percy Allen Stucks, Defendant, Pro se

Filing # 45015916 E-Filed 08/09/2016 04:30:01 PM

S.A. CASE NO.:

16CF042158AD

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL

CIRCUIT IN AND FOR DUVAL COUNTY. FLORIDA

Spring Term, in the year two thousand sixteen

STATE OF FLORIDA

vs.

PERCY ALLEN STUCKS, JR.

CLERK NO.:

162016CF006391AXXXMA

DIVISION:

CRB

INFORMATION FOR:

MURDER IN THE SECOND DEGREE

TAMPERING WITH EVIDENCE

IN THE NAME OF AND BY AUTHORITY OF THE STATE OF FLORIDA, ANGELA B. COREY, State Attorney for the Fourth

Judicial Circuit of the State of Florida, in and for Duval County, charges that:

COUNT 1

PERCY ALLEN STUCKS, JR. on or between July 8,2016 and July 12.2016, in the County of Duval and the State of

Florida did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life,

although without any premeditated design to effect the death of any particular individual. Kill Dorelle D. Davis, a human being,

by shooting the said Dorelle D. Davis, and during the commission of the aforementioned Second Degree Murder, the said

PERCY ALLEN STUCKS, JR. did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and

discharge a firearm and as a result of the discharge, death or great bodily harm was Inflicted upon any person, contrary to the

provisions of Sections 782.04(2), 775.087(1) and 775.087(2)(a)3, Florida Statutes.

COUNT 2

PERCY ALLEN STUCKS, JR. on or between July 8,2016 and July 12,2016, in the County of Duval and the State of

Florida, knowing that a criminal trial, proceeding or investigation by a duly constituted prosecuting authority, law enforcement

agency or grand jury of this state, was pending or about to be instituted, did, alter, destroy, conceal or remove any record,

documentor thing, to-wit: the body of Dorelle D. Davis, with the purpose to impair its verity or availability in such proceeding or

investigation, oontrary to the provisions of Section 918.13(1 )(a), Florida Statutes.

ANGELA B. COREY, STATE ATTORNEY

FOURTH JUDJCIALeiRpUI>7

By:

Assistant State Attorney

Fourth Judicial Circuit of Florida, In and for Duval County

STATE OF FLORIDA

COUNTY OF DUVAL

Bamardo de la fiior.d?, fcVr Ho. 3G5S41

Personally appeared before me,

_ _

______ __ _______ _

Assistant State Attorney, for the Fourth

Judicial Circuit of the State of Florida, in and for Duval County, who is personally known to me, and who being first duly sworn,

says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true, and

which if true, would constitute the offense therein charged, and that this prosecution is instituted In good faith, and hereby

certifies that testimony under oath has been received from the material wltness(es) for the offense.

3__day of August, 2016.

Sworn to and subscribed before me this

By:

jtiRC&K ALLISON JO'WER

Appendix 1

FILED. DUVAL COUNTY, RONNIE FUSSELL, CLERK, 08/10/2016 10:12:28 AM

IN THE CIRCUIT COURT OF THE

FOURTH JUDICIAL CIRCUIT, IN AND

FOR DUVAL COUNTY, FLORIDA

CASE NO:

DIVISION: CR-B

16-2016-CF-006391

STATE OF FLORIDA

-vs-

PERCY STUCKS,

Defendant'.

STATE OF FLORIDA )

COUNTY OF DUVAL

Deposition of JAMES SMALL, at the Office of the State

Attorney, 311 W. Monroe Street, Room 9, Jacksonville, Duval

County, Florida, on Wednesday, January 24th, 2018, before

Kelly C. Foster, Court Reporter and a Notary Public in and

for the State of Florida at Large.

OFFICIAL REPORTERS, INC.

201 EAST ADAMS STREET

JACKSONVILLE, FL 32202

(904) 358-2090

APPEARANCES:

ERIN PERRY, Esquire,

Assistant State Attorney,

Appearing on behalf of the State of Florida.

ANTHONY BARNEY, Esquire,

Law Office of Anthony K. Barney, P.A.,

Appearing on behalf of the Defendant.

?■

INDEX

WITNESS:

JAMES SMALL

DIRECT EXAMINATION BY MR. BARNEY.

CROSS EXAMINATION BY MS. PERRY. :

REDIRECT EXAMINATION'BY MR. BARNEY

RECROSS EXAMINATION BY MS. PERRY.

12'

EXHIBITS

.31

. 35

STIPULATIONS

It was stipulated and agreed by and between counsel

for the respective, parties, and by the witness, that the

reading and signing of the deposition be waived; that

notice of filing of said deposition be waived.

JAMES SMALL,

having been produced and first duly sworn as a witness,

testified as follows:

MR. BARNEY:

For the record, I am Anthony Barney.

I'm here on behalf of Attorney Nah-Deh Simmons'.

in trial in Flagler County today.

case of State versus Percy Stucks.

We're here on the

And if y'all would take a second to introduce

yourselves.

MS. PERRY:

;• 17

THE WITNESS:

1'9

He' s

Erin Perry for the State'.

James Small.

DIRECT EXAMINATION

BY MR. BARNEY:

Mr. Small, spell your name.

J-a-m-e-s S-m-a-1-1.

And what's your date of birth?

9/18/78.

' 78?

1978.

'd>

And where were you born?

Here.

• Q

At the time it was University Medical Center.

Over there' on 8th Street?

Yeah.

And let me back up a second and give you a little

intro.

have that many questions to ask you, but if at any time

during this depo you need to take a break, go to the

restroom, anything, just say so and we'll make.it happen,

okay?

Uh-huh.

If I ask you, you have to answer out loud.

Yes, sir.

If I ask you anything you don't understand, don’t

-answer it.

Just ask me to clarify the question between

myself and your attorney some kind of way, and we'll make

sure you understand.

Duval County, Jacksonville, Florida.

Jacksonville.

Do you recall the hospital?

That1s it.

We're not going to be in here too long,

I don't

You.have to answer out loud.

Yes, sir.

What is your current address?

1322 Eaverson Street, E-a-v-e-r-s-o-n.

And that’s in 32204?

32209.

How long have you lived there?

About two years.

Two years.

Yes, sir.

Is that the same mailing address?

Yes, sir.

Where did you live before that?

3242 Phyllis Street.

Phyllis?

Yeah.

And that's P-h-y-l-i-s or 1-1-i-s?

L-l-i-s.

And what ZIP is that in?

32205.

And you do understand that you are listed as a

Two years.

witness in this matter?

Yes, sir.

Tell me, how do you know Mr. Percy Stucks?

Roommate.

And that’s a roommate at the Eaverson Street

address?

Yes .

How long were you-all roommates?

I'm going to say maybe a month.

One month.

At the end I did.

•o

Did you know his phone number?

At the end?

Because, you know, what happened at the house.

Okay.

What took place.

Tell me, what do you mean by at the end?

I guess when he was texting me.

How did you -- how did you get his number?

•I -- I recall we had issues with the -- with

the house, and we was trying to get in contact with the

owner of the house.

Do you recall when that was?

In that month time.

Within that month.

Within 30 days.

Do you recall who gave you

>VMm

his number?

He did.

Did -- did you and Mr. Stucks ever hang out

together, go out together, eat, et cetera?

No.

What did you say the first time?

It was kind of strange.

He kept to himself?

Uh-huh.

And I think you said you were at that Eaverson •

He was a strange cat.

He kept to himself.

Street address, for how long was it?

No, sir.

I'm going to say two years.

Two years?

Two1 years.

A little over two years, I'm going to say that.

. 3

Do you recall the month and date you moved into

4 '

that address?

The month was between March

the end of March,

—*V' \>/n/>kt»<0l.p#*W im^rr.iM******

beginning of April.

What year?

A •

2016.

How many other people lived at that Eaverson

Beginning of April?

Yes, sir.

____*"u0rr*

Street address?

Two more other people, a couple.

Another couple?

Okay.

So it was you, Mr. Stucks

and a couple?

Excuse me?

I'm sorry, am I correct, it was you living there

with Mr. Stucks and another couple?

"V A

What were their names?

I don't know.

their names.

Yeah.

Two more other people.

I can't make it up.

I don''t know

I can't recall.

What were their genders?

You know, woman and man.

Describe them for me.

. A

The boy, he about five-six,

Low cut?

Like yours.

Would you guess his age.

Between 30 and 35.

Race?

African-American.

And what about the woman?

She African-American.

Okay.

Between 25, 30, five-six, five-seven, probably

low cut.

about 180, 190 pounds.

And what would you guess the weight of the male?

170 pounds.

Would you happen to have their phone numbers?

No.

You see him?

Yes .

Where do you see' him?

Out, you know, in the town going out.

When was the last time you saw him?

To be truthful with you, about two weeks ago.

Two weeks ago?

A little over two weeks ago.

Where did you see him?

But I see

I see him.

Nightlife.

In the neighborhood.

In the Eaverson neighborhood?

Uh-huh.

Did you talk with him?

We spoke.

If you recall, exactly what did you say to him?

7 '

Hey, how you doing?

Yes, sir:

What's going on, you know,

stuff like that.

And did he respond?

Excuse me?

Did he respond?

-.12-

Everything cool, everything gopd.

Still working.

It was less than a minute conversation.

Do you know where he's living now?

No, sir.

Do you know where he's working now?

No, sir.

Do you know where he was working during the time

;

y'all were living together?

He was working with, the manager who was the

manager over the house -- the property.

So he was working there on-site?

Other projects.

At other projects?

Yes.

•

And that 1-- that female that lived there, have

you seen her?

more.

You see him more?

A ..

Yeah.

Have you seen her at all?

Yes.

No, sir.

So you said you see him more, which would suggest

I haven't seen -- they’re a couple.

I never really see her.

• After they recently like moved.out?

that you have seen her some.

I see him

Have you seen her at all?

Probably from like the beginning when they moved

out of the residence, so that -- you know, since all that

stuff happened-.

••

Okay.

They ain't -- they ain't the murderers,

thought we were going to be talking about him.

When was the last time you saw her?

20 .

Who, his

The female.

The fiancee?

Yes .

A little --a couple days after they moved up out.

the residence.

Have you been convicted of a crime?

*'>r** tH,M .IM-K

■ null*i

« *n

Yes.

Give me the crime and when you were convicted.

You want all of them?

If you want to take a. second to --

You want all of them?

*■»»

Yes.

I can't recall all of them, sir.

Whatever you can recall.

Sale of crack cocaine, resisting arrest without

violence.

Without violence?

13'

(Nods head.)

MS. PERRY:

answer out loud.

Is that a yes?

You just have to

Without violence?

THE WITNESS:

Yeah.

Without violence.

Okay .

That's all I recall.

The sale of crack cocaine, when did that happen?

When was the conviction?

1999.

1999?

Yeah, January of '99.

And what about the resisting without violence?

I can't recall about' that one.

No,

I'm sorry -- yes, 1999.

That sale of crack cocaine, that January

that the only one?

~V“

so I couldn't

too.

99, was

jLince then I've been on a lot of serious drugs,

I think so.

....

There might be other ones,

—+•

There may be other ones?

Yeah.

—- - -<.w__

I would have to check back.

4,,-. ntKTffw*-t t*' »'4'<^'r‘‘ ■*'Uaptt*nJUh*lW*»**i

drugs.

conviction?

Before ’99.

Before the

Before I caught that charge, yeah.

Now, you say you've been on a lot of serious

Was that since this conviction or before the

99 conI wasn't on

like crack cocaine or heroin or nothing, it was just

marijuana.

It was. only marijuana?

•17 '

Yeah.

Marijuana.

No crack, no cocaine, no

heroin, nothing like that.

Have you -- have you used any --

I don't do drugs.

Excuse me?

I don't do drugs.

You don't do drugs.

. 25.

January '99 conviction?

Uh-huh.

So nothing since the

MS. PERRY:

THE WITNESS:

Yes, sir.

Yes.

I'm thinking you're supposed to ask me

questions about what’s his name, Percy Stucks.

He's going to get to that.

MS. PERRY:

He's just

building up to that, I think.

THE WITNESS:

Okay.

Did you know any of Mr. Stucks's family members?

No.

Did you ever meet any of them?

No.

Not personally, no.

I think he said he had a brother, an

older brother.

1UI—

But you never met any of them?

Never laid eyes on none of his family.

Were you working during the time of this

incident?

Yes, sir.

Where were you working?

Waste Pro.

Waste Pro?

Yeah.

• V 4*.

Is that a yes?

You have an address for them?

Not offhand, no, sir.

You still employed there?

Yes, sir.

;

When did you start with them?

2006.

So 2006 to the present?

Yes.

And you worked there consistently or did you take

any time off?

•

No.

Do you know if Mr. Percy Stucks was employed

Vacation, days off, just regular job.

during this time?

What he told me.

What he told you?

A-

Uh-huh.

That means yes or no?

Yes.

What I'm saying is that's what he told me,

that he was working.

true or not.

Do you know where he was working?

No, sir.

I don't know that, whether it was

He said communications or something.

Something about sitting down, answering phones.

But you don't know where it was?

A •

No, sir.

Okay.

If he told me,

Mr. Small, are you married?

No, sir.

I don't remember.

n "i

' Q

Have you ever been married?

No, sir.

Dp you have children?

No, sir.

Did you know the alleged victim in this case?

Did I know her?

Yes, sir.

Like personally?

Yes.

No.

Did you know her'-- did you have any kind of

I never

relationship with her?

before?

no.

Have you ever, ever talked with her

No, sir.

You couldn't talk to her.

Q •

You could not talk to her?

No.

Why could you not talk to her?

I told you he was a strange man, he -- I guess he

didn't want anybody talking to her or like really being

around her.

once they outside they room, we really don't go around

there, so we never really -- I never really said two, three

words to her.

We had to share a kitchen and a bathroom, so

Did she ever talk to you?

No, sir.

Did you ever initiate any contact with any

authorities about this matter?

Nobody ain.'t talk to me, is that what you're

asking, me? .

That may be a bad question.

Did you ever start a

conversation with the authorities, whether it was by phone,

e-mail

. A

anybody?

with anyone -- with any authorities?

Did I talk to the police officer?

Did you ever pick up the phone and call

Yes.

Did you start the conversation, initiate contact

No, not until they came and talked to me •

recently, the homicide detectrygjs.

----------------- t

So they initiated the conversation, you didn’t

initiate it?

-16

them.

You didn't reach out to them?

Yeah.

I'm just making sure you understand my question,

No,

I didn't reach out

I didn't reach out to^

I'm.supposed to tell the truth,•right?

because if you don't -- do you understand what I mean by

the word initiate?

Did I call them?

Correct.

They called me — or they came and seen me.

•

They came to see you?

Yes, sir.

Have you discussed this case with anyone other

than the state attorney or any state attorney?

(Shakes head.)

You have to answer out loud.

No, sir.

So only the state attorney and the authorities?

Yes, sir.

You ever provide the victim with drugs?

No.

That's what he's saying?

■ii n i . in------a"i^-|Hn|,imrTgiiir,M-nimrM*T~^g‘M*i,**B™*

Excuse me?

That's what.he said?

I'm just asking questions.

Oh.

Were you ever romantically involved with the

Yes, sir.

victim?

' No, sir.

The young lady that was living with you that you

No, sir.

described as five-six to five-seven, 25-30,

African-American, were you ever romantically involved with

her?

. 23

(Shakes head.)

24'

You have to answer out loud?

No, sir.

Everyone was just roommates.

MR. BARNEY:

Give me about two seconds.

I think -

I'm done.

THE WITNESS:

MS. PERRY:

THE WITNESS:

Okay.

Why.he ain't go to jail yet?

I'll talk to you later.

Whatever I say, you typing up?

Oh,

sorry.

MR. BARNEY:

Can I see that report one more time?

MS. PERRY:

Yes, sir.

Uh-huh.

ask some follow-up based, on that.

THE WITNESS:

MS. PERRY:

(Off-the-record discussion.)

MS. PERRY:

I'm going to -Off-the-record.

Back on the record.

BY MR. BARNEY:

I was going to

Just one more question.

Mr. Small, do you have a

nickname or a street name?

(Shakes head.)

You have to answer out loud.

Do I have a nickname or a street name?

Yes, sir.

No, sir.

Do you know who Big Dog is?

\ y

No, sir.

Dog?

I couldn't tell you.

Have you ever heard anyone refer to anyone as Big

1 ■

There wasn't nobody named Big Dog that stay in

our household.

So the answer is no,, you've never heard of anyone

refer to anyone as Big Dog?

That's.a common

neighborhood.

you know, a common name in my

I couldn't tell you, no.

So the answer is no?

No.

Has anyone ever referred to you as Big Dog?

They always -- they always call me by my name.

Always by your name?

Uh-huh.

MR. BARNEY:

at this time.

MS. PERRY:

I don't have any further questions

I have a few.

CROSS EXAMINATION

BY MS. PERRY:

So Pastor Alphonse Walker, you know, him, correct?

Uh-huh.

Is that your landlord?

No.

So he's the manager, not the landlord, so to

speak?

He's not the manager!no more.

He was at the timer though?

Yes; ma'am.

He used to be a manager over the house.

■

A .

At the time he was.

Would you know if he called you Big Dog?

Do you

know if that was a nickname he had for you?

(Shakes head.)

You don't know?

'No.

And — but you know Pastor Walker, correct?

Yes.

y °

that were asked kind of in a roundabout way before.

1.1

had text message conversations with Mr. Stucks; is that

right?

Yes, ma’am.

Did you also at some other time talk to

No, ma'am.

I'm just-going to clarify a couple of questions

You

Mr. Stucks about what happened between him and the girl,

Just answer it out loud.

...................... --in -J.I,

iin imIIiimu

—

the victim, in the house?

Yes, ma’am.

Do you recall what he told you?

In -- personally -- like in the house?

Yes.

To the best of your recollection, do you

recall Mr. Stucks telling you — actually, do you recall

seeing Mr. Stucks cleaning up the blood in the house?

in the room.

2 3-

I seen the blood in the

You saw the blood in the bedroom?

(Jh-huh.

Is that a yes?

Yes.

And did you at some point see him there cleaning

it up?

three

In the morning?

-- four in the morning, I witnessed the blood

When I woke up early that morning around about

with my eyes.

Where did you see the blood?

In his room.

Did you see it all over the room?

did you see the blood in the room?

On the floor.

the time?

17-

Well, where

Did you see Mr. Stucks there at

I seen blood, I seen

I seen brains. f, There was

-a lot of stuff on the floor.

You saw brains on the floor?

A’

Yeah.

You called Pastor Walker?

X'-

And that's when I called the manager.

Yeah.

And that's when he told me, oh, he

probably killed that girl, because he said he walked in the

—-

-e.f9re - ?■

—"•

—

------------- ----------

—-n,.,-—

‘she was laying on the floor;

That's what Pastor Walker told you?

;

-x *

Yeah.

She was laying on the floor.

MR. BARNEY:

Object as to hearsay.

Did

She wasn't moving, and he felt like she was drunk

over -- you know, drinking and stuff.

Because she wasn't moving?

Yeah.

Did you at some point after that talk to Percy?

When?

Did y'all ever have a conversation where he told

Like she was laying on the floor drunk.

That it was an

you that he shot her in the head one time?

accident, that he accidentally shot her in the head one

time?

MR. BARNEY:

' 15

....

• 17

X..A

Object to form.

I'm qoinq ----to- • tell

the truth.

—

1 ■'■fur —n

Yes.

I want the truth.

Because I'm trying to remember -mh'MW........¥«i.i" i*^i»«»■ >

I understand.

-X A

was being real open.

told me.

and he said he got upset because she wanted to leave.

-- you. know what I'm saying, what he told me.

I don't remember what he actually

I think I asked him -what happened, I asked him,

He got upset because she wanted to leave; is that

what you said?

V A

That's what he told me.

Okay.

He told me he got upset because she wanted to see

*MwHw.dOiSiwsweii^w’iniKim^;•<y*»h

other people.

r____

And then what happened?

I asked him did he kill her.

And what did he say?

I'm going to tell the truth.

That's fine.

It happened so long ago, and I’m trying to kind

of like -- it's coming back to me.

I promise I want the truth, too.

I asked him was it an accident.

■

J^A

He didn’t actually say that?

He just said it was an accident.

c.,.

Do you remember what he said?

Jie

head.

•~ actually

— said

. he.. shot her H in| the ——

He agreed when

I asked him, was it an accident.

Okay.

. Q

X 1

And he agreed with me, and I told him, you know

Do you recall any other part of that

how relationships is, sometimes they don't work out.

conversation?

Was there anything else?

About the cleaning of the blood, yeah.

What did he say about that?

-XT A

Or what did you say?

I told him we wasn't going to let him clean the

*+>•4*0

l*»M

«**W»M«W ■ >MC

* s* blood up, because the manager, he wanted to make sure y'all

2 •

see everything --

Right.

-- what was going on.

He basically post a — he

post an eviction, you know, trying -- told him he couldn't

come back to the house, and he will have his things -- you

know, his personal things somewhere else at another

property.

unpronounced, and that's when he cleaned -- he started

cleaning up.

already cleaned the blood up.

had a

and I don't know

that night, he went across in this field across from us and

^15

So at three .o’clock that night, he came in

He cleaned

he — when I woke up, he

He had blood, boots

we had a carpet that go halfway through the house,

I don't know

he shot in the air a ^couple t|mes^

- oh, when he killed her

I don't know why, but

that's what he did.

How did you know that?

Someone seen him do it.

You heard that from somebody or did you --

A neighbor next door.

• 21

A neighbor.

And you mentioned the carpet in the

hallway, but you didn't -- was it missing after the night?

Yeah.

When I noticed the carpet was missing --

he asked me -- he drugged it up out of there, because you

see blood marks on the floor.

So when I realized the

. 2

carpet was gone and I was standing at the front door, the

door frame at the bottom, you could see blood, like

somebody been dragging something and the house smelled like

bleach.

Strong bleach odor?

Yeah.

But the blood in the room was still in

there.

And you stopped hini?

We didn't let him.

You didn't let him?

He came in the house unpronounced, and we didn't

He wanted us to let him clean the blood up.

__ ___ ------------------------------- ------- ,——

___ ________

know he was in there and that's when we went

and I see him in the room, and everything was smelling like

bleach.

rubber gloves.

I got up

He had big boots, big -- big boots -- shoes on and

What kind of rubber gloves, like doctor gloves

Thick rubber gloves that you clean toilets.

Like the yellow --

•" A

Yeah.

All the way up, and that's when.I got

frightened.

that's when we had the conversations on the -- on the text.

I told him he had to go.

Yeah.

And then

Okay.

He was telling us not to call the police and all

that stuff.

• Q

When you went -MR. BARNEY:

I'm sorry,

THE WITNESS:

He was telling -- trying to

I didn't hear that last

part.

convince me to convince the manager, the preacher, not

to call the police at the time.

BY MS. PERRY:

Now, you mentioned before you called him a

strange -- a strange cat?

I forgot how you --

Strange man, dude, whatever.

Strange man.

And you mentioned that he didn't

like y'all talking to the girl? •

No.

We never said nothing to the girl.

It's the

-- how am I going to say it?

bring when we used to walk in the kitchen and she in the

The -- the tension he used to

kitchen with him, you know.

i mi ■——•--ii. m_ i mi,-------

Describe that for me, if you could.

You said

» »***■*«

there was tension whenever you came -- what did it make you'

.feel?

«• »•

,4. i „ ■*< •

***v^

3.*

It made me and the couple in there feel

"*'W,

uncomfortable.

bathroom

probably like protective.

I guess.

Okay.

—'.**1

Like when they in the kitchen or the

we give them their space, because, you know, he

Like really into her like that,

He probably what?

£Xhib/f

want nobody around her.

He didn’t

Like was really into her like that.

He didn't want anybody talking to her or around

her, is that was the vibe you got?

space.

Yeah .

So we just give him and her they little

MS. PERRY:

All right.

one more question.

I don’t have any -- oh,

You were arrested recently

you

while this

~.w_

don't know how long this case has been pending,

think, but were you arrested recently,?

I don't

Uh-huh.

He asked you about convictions, but let's talk

osnwm

»v..

about just arrests.

What were you arrested for recently?

If you can recall.

Do you recall being arrested for

possession of a firearm by a convicted felon or

what the charges were.

I forgot

That's what they accused me of, yeah.

<5)

■■ ilium *

Do you recall -- were those charges, are they

still pending or dropped?

I think they're dismissed.

And have you and I ever talked about those

charges prior to today and the fact that this was going to

come up in the deposition?

'» n

What was fixing to come up in the deposition?

This -- the fact that I told you it was going .to

come up.

today.

About the charges?

Yeah.

and charges.

Yes.

Other than that conversation, have you and I ever

We had a conversation before coming in here

They’re going to ask you about convictions

talked about your charges?

Unh-unh.

Is that a no?

No, ma'am.

MS. PERRY:

All right.

MR. BARNEY:

Just a few follow-ups.

BY MR. BARNEY:

Counsel asked you whether or not he wanted you to

talk to the alleged victim.

didn't want you to talk with her?

I have no further

REDIRECT EXAMINATION

questions.

You said the vibe was that he

He didn’t want nobody to conversate with her.

_J)id he ever tell you not to talk with her?

No.

You mentioned that when you woke up he had

already cleaned the blood.

Did you see him cleaning blood?

To tell you the truth, he was just wrapping it

So when you woke up you saw him wrapping up

blood?

He was just finishing it up.

Tell me what you saw.

The very first time, when I opened the door?

No.

. A

up.

When you woke --

When I seen him at that door when I woke up, and

he ain't supposed to be in the house?

• 11

Tell me what you saw when you woke up.

.. .

Him in the room.

'r ,r

... „—

I heard something, and the room

where the victim supposed to got murdered in it, he was in

/ there.with big boots and.gloves.

The reason he couldn't

clean everything up, because we got him -- we told him to

leave

So just

There was blood in the house, correct?

MS. PERRY:

Just

I mean

I just want to know what you observed when you

woke up.

came out,

in there.

I walked past the room, went in the bathroom,

I heard something in the victim room and he was

So you heard something in there and you saw him.

in there when

When he opened the door.

• Q

■Let me complete the question.

You heard someone

in there. and you saw him in there with boots and gloves?

■ Yeah.

You also mentioned that —

The reason they had blood --

. 9

Wait a minute.

’H.

10.

We told him to leave, he couldn't really clean up \

/everything.

He cleaned up probably about 95 percent,of

r‘

that stuff, man, and there was still stuff left over on his

13 /

boots and stuff like that.

14\

had to go.

It’s not happening.

And that's why they.seen

•*•**'*•’»*-', ...

’ boot marks.

Before you go, let me say this, when we go back

later to read this transcript,

for her if we're talking all over each other.

it's going to be difficult

Oh, okay.

That's why I want to complete the question —

Complete the question.

-- and then let you answer.

All right.

You mentioned he went across the street, and I

That's why he -- we told him he

think you indicated he shot in the air.

Uh-huh.

You didn't see that, did you?

............. in.,,,

iiiiiTiTTiii«Tn'TiTriT»rlriMi<niTii-iiiiiii-mn-',,‘

..... ■—

No, • sir.

Counsel asked you several questions and I lost

I think,

count of the number of times you said I think,

think.

Think what?

So my question -- she was asking you about what

happened, and you said, I'm going to tell the truth, and

then you said, I think, so let me just ask you this

question, by your own statements since it was a long time

ago, are you having any problems at all recalling what

happened, recalling any facts?

Unh-unh.

It come back to my remembrance.

I got

it now.

You have it now?

Yeah.

When you say you have it now, was there any time

you didn't have it?

I had it from the beginning, but when she was

asking me questions -- whatever she asked me, I was for

real,

that's what I seen.

100 percent sure that's what we talked about, and

And one final question, when was the

are you

under any kind of medication today that would have impaired

your judgment, any kind of --

• (Shakes head.)

You have to answer out loud.

No, sir.

Are you on any kind of prescription medication?

No, sir.

Have you had any kind of -- or ingested any kind

of drugs -- street drugs, marijuana, meth, crack cocaine,

anything?

No, sir.

MR. BARNEY:

I don't have any other questions.

12-

MS. PERRY:

One more question based on those

questions .

RECROSS EXAMINATION

BY MS. PERRY:

We do need to ask you, too, have you been

promised anything or coerced or been threatened in any way

to give any sort of statement today?

No, sir

- no, ma'am.

MR. BARNEY:

And that's by Counsel or anyone..

THE WITNESS:

Excuse me?

MR. BARNEY:

Has anyone made any promises to you

to give testimony here today?

THE WITNESS:

No, sir.

MR. BARNEY:

And one final note on the

we were

.36

talking about your ID.

that to Counsel?

THE WITNESS:

MS. PERRY:

Would you be able to provide

I can fax it.

Yeah.

We can do that.

further questions.

THE WITNESS:

MS. PERRY:

THE WITNESS:

(Witness excused.)

(Deposition concluded at 4:05 p.m.)

Okay.

Would you like to read or waive?

Waive that.

• 19

* *.

I have no

CERTIFICATE'

STATE OF FLORIDA)

COUNTY OF DUVAL )

1/ Kelly C. Foster, Court Reporter and Notary Public

in and for the State of Florida at Large, do hereby certify

that I was authorized to and did stenographically report

the deposition of JAMES SMALL; that a review of the

transcript was not requested; and that the transcript is a

true and correct record of my stenographic notes.

I further certify that I am not a .relative,

employee, attorney or counsel of any of the parties, nor am

I a relative or employee of any of the parties r attorney or

counsel connected with the- action, nor am I financially

interested in the action.

DATED this 18th day of July, 2018.

/S/ KELLY C. FOSTER

KELLY C. FOSTER

Court Reporter

STATE OF FLORIDA)

COUNTY OF DUVAL )

•

CERTIFICATE

' 7

OATH

I, the undersigned authority, certify that JAMES

SMALL personally appeared before me and was duly sworn.

WITNESS my hand and official seal this

18th day of July, 2018.

_______/S/ KELLY C. FOSTER .

KELLY C. FOSTER.

Notary Public, State of Florida?

IN THE CIRCUIT COURT, FOURTH

JUDICIAL CIRCUIT, IN AND FOR DUVAL

COUNTY, FLORIDA

CASE NO.:

16-2016-CF-006391 .

DIVISION:

CR-B

STATE OF FLORIDA

-vs-

PERCY STUCKS, •

Defendant.

STATE OF FLORIDA )

COUNTY OF DUVAL

Deposition of SHANNON MURPHY and THOMAS PULLEY, at the

State Attorney's Office, Ed Austin Building, 311 West Monroe

Street, Jacksonville, Florida 32202, on April 20,

3:00 p.m., before Angela Sass, Florida Professional Reporter

and Notary Public in and for the State of Florida at Large.

2017, at

OFFICIAL REPORTERS, INC.

421 WEST CHURCH STREET, SUITE 701

JACKSONVILLE, FL 32202

(904) 358-2090

APPEARANCES:

ERIN PERRY, Esquire

Assistant State Attorney

311 West Monroe Street

Jacksonville, Florida 32202

Appearing on behalf of the State of Florida

DEBRA BILLARD, Esquire

Assistant Public Defender

407 North Laura Street

Jacksonville, Florida 32202

Appearing on behalf of the Defendant

i *

gXbM

INDEX

WITNESS:

PAGE

SHANNON MURPHY

DIRECT EXAMINATION BY MS. BILLARD

CROSS-EXAMINATION BY MS. PERRY

THOMAS PULLEY

DIRECT EXAMINATION BY MS. BILLARD

N 0

EXHIBITS

Ms. Murphy, my name is Debra Billard.

Okay.

And the reason

was appointed to represent Percy Stucks.

we’re taking your deposition is you were listed as'a witness

on discovery.

emails exchanged between you and Mr. Stucks, and then you

advised before we started that he actually worked for the VA

for a short time?

And it was my understanding that there were

Correct.

Could you just tell me about your contacts with

him and your knowledge of him and his case?

Sure.

He was what we call a work-study.

So he

was actually in the voc rehab program, going to school.

So what they can do while they're going to

school — if they want to get some job experience, we'll let

them do what's called a work-study program.

So he worked for us, I want to say, for about six

* * "***» 1%*—'« **'■*••*<*»<*»•» •'V *> I......... ....... .1

He did just admin work up front: answered the phone,

months.

met veterans when they came in, would take them back to their

counselors, general filings, just admin work.

And did you have a personal relationship with him?

A professional relationship with him.

What kind of a worker was he?

-X A

He was great.

---------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

was extremely courteous.

asked to.

Was he good?

We — he was always on time.

■

.......................................................................... ........

--------------------------------------------

1 iuimrnrn

He showed up for work when he was

................. —Mwu

He was pleasant when he answered the phone .V

4 .

(The deposition began at 3:15 p.m.)

SHANNON MURPHY,

having been produced and first duly sworn as a witness, was

examined and testified as follows:

THE WITNESS:

DIRECT EXAMINATION

Yes.

BY MS. BILLARD:

Can you please state your full name?

Shannon Lynn Murphy.

And where are you employed, Ms. Murphy?

The Department of Veterans Affairs.

How long have you worked there?

Since 2004.

And what is your job title?

I'm the supervisory vocational rehabilitation

counselor.

And what exactly do you do on a day-to-day basis?

We have a staff of 12 counselors in the office, so

I manage them.

voc rehab offices, and that would also include management of

the front office staff.

I also manage our Gainesville and Tallahassee

And where is your office in Jacksonville located?

It's 7825 Baymeadows Way.

Okay.

5/27/1970.

And what is your date of birth?

was pleasant to people up front.

with him whatsoever.

No problems.

No problems

Kr »«•***« *•« •*

Did you ever have any conversations with him about.

anything like thajL?

his personal life-ax his girlfriend_or

I did not, no.

I do know that his voc rehab

counselor, who is the one t,frat the emails were given to, did

have a couple of those conversations.

What is that person's name?

Her name is Amanda Hart, H-a-r-t.

And does she still work there?

She does.

Okay.

Now, was he receiving disability?

Good.

Do you know?

In order to be — I cannot speak to that,

But in

order to be in the voc rehab program, he has to have been

given a disability rating by the Department of Veterans.

And can you just explain what — is it like a

percentage?

not a rater.

knowledge of this is that the veteran will put in a claim and

put in medical documentation to support that claim.

depending on what disabilities they're claiming — it could

be anything.

physical, it could be loss of limb, any of those things

How does the disability rating work?

So what they'll do is they'll put in — and I'm

I don't work on that side.

But my general

And

It could be mental health, it could be

then each of those disabilities are granted a percentage

depending on their severity, and then they're paid on:that

percentage.

So he could have several disabilities; he could

have one.

But in order to be part of the voc rehab program,

he has to have been given at least a 10 percent disability.

Do you know off the top of your head what

Okay.

the time period was that he worked for your office?

you don’t, that's fine.

And if

Well, I know when this happened, he was still

Because he all of the sudden did not show

employed with us.

up to work.

he was still with us in June.

might have been July.

So I believe that was in June of last year, so

I believe it was June.

But I think that was the time frame.

Why the emails were released was because they were

a little bit odd, the emails that were exchanged between him

and his counselor in the couple of weeks leading up to — to

the incident

it.

the murder.

I don’t know what you guys call

That's why she brought them to my attention, and I

thought that we probably needed to send those up to general

counsel and get those released.

Do you recall the content of the emails or what

was odd about them?

He just -- he talked a good bit — and, again, not

having them in front of me. I don't want to — this is just

carpet and threw her in the garbage and then went to Georgia.

That's kind of the gist of what we know.

So what was on the news, basically, is what

you know?

Okay.

Basically, what was on the news is all we know.

but, again, I do know that Belen had spoken

to him about his relationship with her.

You said "Belen."

Is that Amanda?

Belen is Amanda.

I'm sorry.

THE COURT REPORTER:

THE WITNESS:

THE COURT REPORTER:

THE WITNESS:

She goes by Belen.

Can you spell that for me?

B-e-l-e-n.

Thank you.

And that's what she goes by.

She

doesn't go by Amanda, but her real name is Amanda - - or

her given name.

MS. PERRY:

Would you like to read or waive?

We can go off the record.

I have no further questions.

I didn't explain this

to her yet.

(An off-the-record conversation was had.)

MS. PERRY:

THE WITNESS:

(Witness excused.)

(The deposition concluded at 3:23 p.m.)

Would you like to read or waive?

I can waive that.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.