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Thread: Timothy Lee Hurst - Florida

  1. #1
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    Timothy Lee Hurst - Florida




    Summary of Offense:

    Cynthia Harrison was an assistant manager of a Popeye’s fast food restaurant in Pensacola, Florida. Timothy Hurst was a morning prep person at the same restaurant, and his responsibility was to make rice and biscuits and wash dishes. On May 2, 1998, Harrison and Hurst were scheduled to work at 8:00 a.m. The two were scheduled to be the only workers in the restaurant until another worker arrived at 9:00 a.m. On the morning of May 2nd, Davis Kladitis, an occasional customer at Popeye’s, was standing outside a feed store near the restaurant when he saw Harrison drive by and waved to her. Kladitis also saw another car behind Harrison’s, being driven by a black man. Kladitis later identified the car as the one belonging to Timothy Hurst. Carl Hess, who worked at a nearby Wendy’s restaurant, reported seeing Hurst being let into the Popeye’s restaurant by Harrison.

    At 7:55 a.m. on May 2nd, Jeanette Hayes, an employee of another Popeye’s restaurant in Pensacola, called the restaurant that Harrison and Hurst worked at and informed her that a delivery truck was en route. Hayes noted that Harrison did not sound scared. Tanya Crenshaw, another assistant manager at the restaurant, arrived at the restaurant at 10:30 a.m. to find two employees and a delivery truck driver waiting outside the restaurant. Hurst was nowhere to be found, but Harrison’s body was found in the freezer. Harrison’s body was bound and gagged with black electrical tape.

    The body had over sixty incised slash and stab wounds, all of which were consistent with having been made by a box cutter, which was found by the back door of the restaurant. Lee Smith, a friend of Hurst, testified that Hurst had stopped by his house on the evening before the murder and told Smith that he [Hurst] planned to rob the Popeye’s restaurant where he worked.

    At 8:30 a.m. on May 2nd, Hurst returned to Smith’s house, carrying a clear plastic container with money in it and a bank bag. The amount of money taken by Hurst was later determined to be $1751.54 of the store’s proceeds and $375 in small bills and change, all taken from the restaurant’s safe. Hurst told Smith that he had killed “the manager” and put her in the freezer. Smith washed Hurst’s pants, which had blood spots on them, and he also helped Hurst dispose of Harrison’s wallet and Hurst’s shoes and socks. Hurst, Smith, and Hurst’s brother then went to a Wal-Mart store and bought a pair of shoes for Hurst. The three then went to a pawn shop, where Hurst bought three rings for $300. Lee Smith’s parents were out of town at the time of the murder, but when they returned and found the clear plastic container and money in Smith’s room, they called the police. Police interviewed Smith and searched a garbage can, where they found a coin purse with Harrison’s driver’s license in it, a bank bag marked with “Popeye’s” and Harrison’s name on it, a bank deposit slip, and a bloody sock and shoes that belonged to Hurst.

    Hurst was first sentenced to death in Escambia County on April 26, 2000.

    The Florida Supreme Court tossed Hurst's death sentence on September 17, 2009.

    Hurst was re-sentenced to death on August 16, 2012.

  2. #2
    Administrator Heidi's Avatar
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    Old wounds reopen for River Ridge parents as daughter's killer resentenced

    Twelve years ago, Connie and Norman Fuselier of River Ridge sat in a courtroom in Pensacola and prayed that the man who stabbed their daughter more than 60 times would be found guilty of murder and receive the death sentence. After a weeklong trial that was one of the most painful experiences of their lives, that's exactly what happened.


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    Constance and Norman Fusilier hold the senior portrait of their daughter, Cindy Harrison, in River Ridge on Friday.

    In 1998, Timothy Hurst, then 19 and an employee at the Popeye's restaurant in Pensacola where Cindy Harrison was the assistant manager, taped her hands and mouth before attacking her with a box cutter. He slit Harrison's throat, left her in the restaurant freezer, stole more than $1,000 and walked out.

    Though Hurst never admitted his guilt to prosecutors, the jury had spoken. The Fuseliers and the rest of their family thought the worst was finally over.

    But more than a decade after the trial, Timothy Hurst remains on death row in Florida. After filing a slew of unsuccessful appeals over the years, the state's highest court last year ruled that Hurst's attorney should have told the jury about his client's low IQ and potential brain damage due to fetal alcohol syndrome. As a result, the death sentence was overturned and the penalty phase of the trial must be held again.

    Sometime this morning, Connie and Norman Fuselier plan to leave with their oldest daughter and Norman's sister for Pensacola. The retrial of the penalty phase is expected to begin Tuesday.

    Connie Fuselier, 69, is no longer adamant about the death penalty.

    "The Bible says an eye for an eye and that was definitely what we wanted at the trial," she said. "But at this point in our lives, if it's life and he can't get out, I think we would be OK."


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    A picture of Cindy Harrison and her husband adorns the wall of Constance Fusilier's home in River Ridge.


    The past 12 years have taken a toll on the couple. In 2001, Connie was overwhelmed with post traumatic stress disorder and will be on medication the rest of her life. The couple's three grown children each found different ways to cope with the murder. A family that was always together drifted apart.

    "We're just not as close as we used to be," said Catherine Bares, the Fuseliers' oldest child. "It has changed our whole outlook on life and changed our personalities. Some people just react to these things kind of differently."

    Bares, of Metairie, will handle most of the testimony for the family, helping the jury learn more about her sister and the life that was taken.

    Though her sister was handicapped -- partially deaf and legally blind -- she was smart and vibrant and embraced life. Cindy Harrison, 28 when she was killed, coped with losing her hair and teeth as a child and never grew taller than 4-feet-7 inches. But she never once felt sorry for herself.

    She left her beloved hometown in 1996 to be with her new husband, Timothy Harrison, in Pensacola and was excited about their future together.

    While she isn't looking forward to the trip, Bares said her greatest concern is for her parents.

    "I'm really worried about them. I'm just praying that they will have the strength to get through it. This is just going to open up old wounds."

    Whether Hurst gets another death sentence again or life in jail with no chance of parole - the only options - Bares and her parents said their fondest hope is for the phone calls to stop.

    Hurst has filed at least eight appeals since he was convicted. Each filing is followed by a round of phone calls from Florida prosecutors to the family. Those calls trigger a flood of new emotions.

    "It kinda makes your whole world stop again," Bares said. "The phone rings and it's from the state of Florida. Immediately, that thing in your stomach hits you, your whole world just gets turned upside-down."

    Because of Cindy's small stature and her big heart, she was often referred to as the family's "Little Angel." Statues of angels sit in both the front and back yards of the Fuselier's River Ridge home. Near the front door is a concrete block with a memorial to their daughter:

    "No farewell words were spoken

    No time to say Good-bye

    You were gone before we knew it

    And only God knows why."


    http://www.nola.com/crime/index.ssf/...ughters_k.html

  3. #3
    Senior Member CnCP Legend JLR's Avatar
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    Death Penalty Recommended In 9 Mile Road Restaurant Murder

    An Escambia County jury has recommended that Timothy Lee Hurst receive the death penalty for a murder 14 years ago at a 9 Mile Road restaurant.

    The jury voted 7 to 5 in favor of death for Hurst. His conviction was upheld by the Florida Supreme Court which remanded the case back before the trial Court to conduct a new penalty phase.

    Hurst was convicted in 2000 for the murder of Cynthia Harrison inside the Nine Mile Road Popeye’s Restaurant on May 2, 1998. Hurst, who was then an employee at Popeye’s, stabbed Assistant Manager Cynthia Harrison approximately 60 times and placed her body in the restaurant’s freezer.

    http://www.northescambia.com/2012/03...taurant-murder

  4. #4
    Administrator Heidi's Avatar
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    Florida judge has last say on death sentence for killer of River Ridge woman

    Now that a Florida jury has confirmed the death penalty for the man who killed Cynthia Harrison, her parents have returned home to River Ridge to see whether it sticks.

    Under Florida law, Circuit Court Judge Linda Nobles has the final say in the case. She could ratify the jury's 7-5 death penalty decision or overturn it in favor of a life sentence for Timothy Hurst.

    Hurst, an employee of a Popeyes restaurant in Pensacola, was convicted in 2000 of slashing Harrison, the store's assistant manager, more than 60 times with a box cutter then robbing the store. Harrison had left River Ridge and settled in Penscola with her new husband, Timothy Harrison, a year before the killing.

    Hurst has been on death row for 12 years, regularly filing appeals that were rejected until last year. The Florida Supreme Court ordered a retrial of the penalty phase of the trial because Hurst's original attorney did not introduce evidence about Hurst's low IQ and possible brain damage due to fetal alcohol poisoining.

    Harrison's parents, Norman and Connie Fuselier, and her sister Catherine Bares and sister-in-law Laura King attended last week's retrial. Jury selection was completed late Tuesday, and the verdict was delivered Friday afternoon.

    Connie Fuselier said seeing Hurst, and hearing his relatives testify on his behalf, made for an emotionally trying week.

    "It was very tough," she said. "With him sitting there staring at us and talking to his family and laughing, that was hard," Fuselier said. "He turned around (at one point) and gave the thumbs up to the family."

    Catherine Bares, who testified about her sister for 20 to 30 minutes, said returning to the courtroom was more difficult than she had imagined.

    "That was just extremely emotionally challenging," she said. "I knew it was going to be tough, but as soon as I sat down in the chair I started tearing up immediately. All the memories and emotions come flooding back to you."

    The family is now waiting for a call from Florida. Fuselier said she hopes the judge agrees with the jury.

    "We really want the death penalty again, so hopefully he can't get out with an appeal."

    http://www.nola.com/crime/index.ssf/...st_say_on.html
    An uninformed opponent is a dangerous opponent.

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  5. #5
    Senior Member CnCP Legend JLR's Avatar
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    Anyone got any idea of when formal sentencing is?

  6. #6
    Moderator MRBAM's Avatar
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    Convicted murderer Timothy Hurst could get death penalty in killing, stuffing body of boss in freezer

    Pensacola, Florida (PNJ) -- A circuit court judge will decide whether to execute a Pensacola man who brutally murdered his boss at a restaurant during a robbery in 1998.

    Timothy Hurst, 32, was convicted in April 2000 of first-degree murder in the killing of 28-year-old Cynthia Harrison. Harrison was Hurst's manager when he worked at the Popeye's on Nine Mile Road. Her body was found in the restaurant's freezer.

    Her hands and mouth were wrapped with electrical tape, authorities said at the time, and her body had been slashed more than 60 times with a box cutter.

    Circuit Judge Linda Nobles will sentence Hurst at 10 a..m. today for the crime. According to state law, Hurst can either be sentenced to death or life in prison.

    This is the second time Hurst has been sentenced. In 2000, a jury decided 11-1 that Hurst deserved the death penalty.

    Former Circuit Judge Joseph Tarbuck initially sentenced him to death for what he called an "especially heinous, atrocious and cruel" crime, explaining that Hurst murdered Harrison in an attempt to cover his tracks for robbing the restaurant.

    However, that sentence was overturned by the Florida Supreme Court in 2009 because certain pieces of evidence, including those that established Hurst's mental capacity, were not shown to the jury during the penalty phase, said Assistant State Attorney John Molchan.

    A new penalty phase was held over several days last year, and the jury decided 7-5 to recommend the death penalty. While the jury's recommendation is given consideration for Hurst's sentence, his fate ultimately lies in Nobles' hands.

    Molchan said the defendant's attorney presented evidence showing that Hurst had a lower mental capacity during last year's penalty phase.

    Todd Doss, Hurst's attorney, did not return a phone call Wednesday afternoon.

  7. #7
    Administrator Heidi's Avatar
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    River Ridge mother pleased that judge upheld death penalty for her daughter's killer

    By Bob Ross
    The Times-Picayune

    Fourteen years after the daughter of a River Ridge woman was slashed repeatedly with a box cutter by a co-worker at a Pensacola, Fla., restaurant, her killer was given the death penalty. For the second time. On Tuesday morning, Timothy Hurst, 32, received the death penalty from Florida Circuit Court Judge Linda Nobles for the slaying of Cynthia Harrison, who was Hurst's manager at Popeyes. "I'm happy about it, but I know this isn't the end," Harrison's mother, Connie Fusilier, said. "He's still got all of his appeals. So, really, it's not over."

    Nearly two years after the May 2, 1998, murder, Hurst was convicted and sentenced to death row. For nine years, Hurst filed one appeal after another, prompting a phone call from Pensacola to Fusilier and filling the whole family with dread that the conviction might be overturned.

    Each of those appeals was rejected until 2011, when a higher court agreed that evidence of Hurst's low mental capacity should not have been excluded from the penalty phase of the original trial.

    The original guilty verdict was not in danger. But the sentencing phase would have to be repeated. That took place during three days in March, as Fusilier, her husband, sister and another relative made the long drive from River Ridge.

    The jury in that second trial voted 7-5 for the death sentence. But under Florida law, the judge has the ultimate discretion. So Fusilier and her family made one more trip to Pensacola this week to learn whether Nobles would agree with the jury.

    She did.

    In the sentencing order, Nobles made it clear that the brutal nature of the crime left her with little choice.

    "The murder of Ms. Harrison was conscienceless, pitiless and unnecessarily torturous," according to the order directing the death sentence. "This aggravating circumstance has been proved beyond a reasonable doubt, and the court assigns it great weight."

    There is no real closure, however, because Hurst can still come up with reasons to appeal the second penalty phase. Fusilier said she is not ready to return to the courthouse in Pensacola anytime soon.

    "I just don't want the phone to ring."

    http://www.nola.com/crime/index.ssf/...leased_at.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #8
    Administrator Heidi's Avatar
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    TIMOTHY LEE HURST, vs. STATE OF FLORIDA

    In today's opinions, the Florida Supreme Court AFFIRMED Hurst's death sentence.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #9
    Senior Member CnCP Legend FFM's Avatar
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    Florida might be in trouble here. The USSC just granted cert to this animal regarding Florida's capital sentencing scheme with respect to Ring vs. Arizona.

    http://www.supremecourt.gov/orders/c...15zor_3e04.pdf

  10. #10
    Moderator Dave from Florida's Avatar
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    I am sure the Florida Attorney General's office is shocked by this after silence from SCOTUS for 13 years after Ring.

    I wonder if the Court was interested in this case because the second jury voted 7-5 for death. A bare majority. The first jury was 11-1.
    Last edited by Dave from Florida; 03-09-2015 at 09:53 AM.

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