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Mark James Asay - Florida Execution - August 24, 2017
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Thread: Mark James Asay - Florida Execution - August 24, 2017

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    Mark James Asay - Florida Execution - August 24, 2017




    Summary of Offense:

    During the early morning hours of July 18, 1987, Mark Asay, his brother Robbie, and a friend, Bubba McQuinn headed downtown to look for prostitutes after a night of drinking and shooting pool. Asay rode with McQuinn while his brother drove alone. Once downtown, Asay noticed his brother talking to a black man from the window of his truck.

    Asay immediately became confrontational with the man, Robert Lee Booker, despite the fact that his brother told him everything was all right. Asay verbally attacked Booker, spouting racial slurs and escalating the situation. Asay pulled a gun from his back pocket and shot Booker once in the stomach.

    Booker fled the scene, but was later found dead in an alley with hole in his intestine and a severed artery. After the shooting, Asay got back into the truck with McQuinn, while his brother drove off. McQuinn asked Asay why he shot Booker and Asay replied, “because you got to show a nigger who is boss.” Asay also said that he did not think he killed Booker, only frightened him.

    During the continued search for prostitutes, Asay and McQuinn happened upon an acquaintance named Renee, who they knew would give them oral sex. Apparently, Asay and McQuinn did not know that “Renee” was actually Robert McDowell dressed up as a woman. The men negotiated a deal for oral sex and planned for McQuinn and McDowell to go into the alley while Asay remained on the lookout.

    When McDowell refused to get into the truck with McQuinn, Asay grabbed him by the arm and began shooting into his chest. McDowell was shot six times in all, and investigators reported that three of the shots could have proved fatal. As Asay and McQuinn were driving away, Asay said McDowell had cheated him out of ten dollars on a drug deal once, and he always swore that he would get even. Apparently Asay bragged to a friend that when negotiating the deal for oral sex, Asay planned to abduct, sexually assault, and then kill McDowell. When McDowell refused to get into the truck, Asay killed him in the street.

    Asay was sentenced to death in Duval County on November 18, 1988.

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    Factors Contributing to the Delay in the Imposition of the Sentence:

    Asay has utilized many of his post-conviction relief options at the state level, with each motion/appeal lasting several years. Asays Direct Appeal took three years to reach a disposition, his 3.850 Motion was pending for four years, and his 3.850 Appeal lasted three years.

    Case Information:

    On 12/15/88, Asay filed his Direct Appeal with the Florida Supreme Court. His appeal argued that the judge erred when he failed to acquit Asay for the First Degree Premeditated Murder of Robert Lee Booker. Asay also claimed that the court erred in finding that the murder of McDowell was committed in a cold, calculated, and premeditated manner. Lastly, Asay argued that the death penalty was not a proportionate sentence for the murders. The Supreme Court affirmed the convictions and sentences of death on 05/16/91. The mandate was issued on 07/22/91.

    On 08/20/91, Asay filed a Petition for Writ of Certiorari, which was denied on 10/07/91.

    On 03/15/93, Asay filed a 3.850 Motion in the Circuit Court, which was denied on 04/23/97.

    On 07/10/97, Asay filed a 3.850 Motion Appeal in the Florida Supreme Court. On 06/29/00, the FSC affirmed the denial and a mandate was issued on 12/01/00.

    On 10/25/01, Asay filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 06/13/02.

    On 05/27/03, Asay filed a Pro se Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was subsequently dismissed on 01/09/04.

    On 10/16/02, Asay filed a 3.850 Motion in the State Circuit Court, which was denied on 02/17/04.

    On 03/19/04, Asay filed a 3.850 Motion Appeal in the Florida Supreme Court, who affirmed the denial on 12/20/04.

    On 02/11/05, Asay filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District. On 07/02/09, the USDC granted a stay and administratively closed the petition pending the decision in Holland v. Florida. On 11/02/09, the petition was reopened and is currently pending.

    On 08/18/09, Asay filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on 11/02/09.

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    Gov. Rick Scott has signed a death warrant setting his execution for March 17.

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    DEATH WARRANT SERVED FOR WHITE SUPREMACIST MURDERER MARK ASAY

    In the early morning hours of July 18, 1987, a parolee, Mark Asay, gunned down two Jacksonville men on the streets of downtown.

    On Friday, after a tortuous process involving many appeals, Governor Rick Scott issued a death warrant to serve Asay his final justice on March 17.

    The details of Asay’s murders are lurid, senseless, and revealing of the underbelly of life in Jacksonville in the 1980s.

    Asay, his brother, and another man were downtown looking for prostitutes on July 18, an activity which rarely has a positive outcome.

    In this case, says Murderpedia, Asay saw his brother talking to African-American Robert Lee Booker. Asay became confrontational immediately, a confrontation which culminated in Asay shooting Booker in the stomach.

    Booker would die sometime thereafter, courtesy of a severed artery and a hole in his intestine.

    Asay justified his shooting by saying that “you got to show a [n—–] who is boss.”

    From there, the happy trio continued its search for female companionship, which they thought they found in someone of their acquaintance named “Renee.”

    Unbeknownst to them, “Renee” was a transvestite, whose birth name was Robert McDowell.

    From there, claimed the Murderpedia account:

    The men negotiated a deal for oral sex and planned for McQuinn and McDowell to go into the alley while Asay remained on the lookout. When McDowell refused to get into the truck with McQuinn, Asay grabbed him by the arm and began shooting into his chest. McDowell was shot six times in all, and investigators reported that three of the shots could have proved fatal.

    As Asay and McQuinn were driving away, Asay said McDowell had cheated him out of ten dollars on a drug deal once, and he always swore that he would get even. Apparently Asay bragged to a friend that when negotiating the deal for oral sex, Asay planned to abduct, sexually assault, and then kill McDowell. When McDowell refused to get into the truck, Asay was killed him in the street.

    Asay’s case got national attention in the Washington Post in 2014, as one of two cases where his attorney, Mary Bonner, had not filed his habeus petition on time.

    “I had days left to file. And I wanted Ms. Bonner to file,” Asay would later testify.

    “The terms ‘bad faith’ or ‘dishonesty’ capture Ms. Bonner’s conduct,” claimed Federal Judge Timothy Corrigan of her work for Asay.

    The trial jury, in 1988, voted 9 to 3 for the death penalty on both counts of first degree murder.

    http://floridapolitics.com/archives/...erer-mark-asay

  5. #5
    Moderator Ryan's Avatar
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    I hope to see a continuance on this state for the foreseeable future! Governor Rick has put his foot down in sending DR inmates to the death chamber since he took office. I say, keep up the good work.

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    Administrator Aaron's Avatar
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    Rick Scott is firing on all cylinders! He's signing warrants the day after each execution. I respect this guy

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    Senior Member Frequent Poster johncocacola's Avatar
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    Good choice by Scott. Although this crime is different from Scott's criteria of selecting death warrants

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    Administrator Aaron's Avatar
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    What's his criteria?

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    Quote Originally Posted by johncocacola View Post
    Good choice by Scott. Although this crime is different from Scott's criteria of selecting death warrants
    We love Gov. Scott over here in Bradford County just for that reason.

  10. #10
    Senior Member Frequent Poster johncocacola's Avatar
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    Quote Originally Posted by Clarkaaron54 View Post
    What's his criteria?
    Up to this point all his warrants signed for inmates with male victims were either law enforcement officers, part of a mass murder spree or a child murder, all the rest were women killers. All the inmates he picked met or were close to it.

    This is also the first Duval County inmate picked since Davis in 1999.

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