Florida executes man convicted in 1991 killing of Fort Pierce police officer

ORLANDO, Fla. - Billy Leon Kearse was executed Tuesday evening for the 1991 killing of a Fort Pierce police officer, closing a case that has moved through Florida’s courts for more than three decades. 

His death marks the third execution in the state this year, with two more scheduled later this month.

What we know:

Kearse, 53, was put to death by lethal injection at Florida State Prison and was pronounced dead at 6:24 p.m., according to the Florida Department of Corrections.

He was convicted of first-degree murder and robbery with a firearm in the fatal shooting of Fort Pierce Police Officer Danny Parrish during a 1991 traffic stop. A jury unanimously recommended a death sentence in a 1996 penalty phase after he was granted a new sentencing proceeding.

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The Florida Supreme Court last week upheld a lower court’s denial of Kearse’s latest motion to stay his execution.

The backstory:

According to court records, Parrish stopped Kearse, who was 18 at the time, for driving the wrong way on a one-way street on Nov. 8, 1991. After failing to produce a driver’s license and giving false names, Kearse resisted being handcuffed, grabbed Parrish’s gun and fired 14 shots. Thirteen struck the officer, who later died at a hospital.

Prosecutors argued the killing occurred during a robbery and was committed to avoid arrest. Court records list as aggravating factors that the victim was a law enforcement officer performing his official duties and that the crime was intended to hinder law enforcement.

Kearse later confessed after being apprehended, according to court documents.

What they're saying:

In his final appeals, Kearse argued that his death sentence was unconstitutional.

He claimed jurors in his second penalty phase were improperly influenced by the presence of uniformed law enforcement officers in the courtroom. He cited a juror’s written comment that "the back of the courtroom was filled with (law enforcement officers) from every city and county in the state, so much support and respect from his fellow (law enforcement officers)."

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The Florida Supreme Court ruled the claim was "untimely" and said the presence of officers "would have been readily observable," giving Kearse ample opportunity to raise concerns earlier.

Kearse also argued he was intellectually disabled and therefore ineligible for execution. The court rejected that claim as untimely, noting prior IQ scores and testimony from his own expert stating he was not intellectually disabled.

Timeline:

Gov. Ron DeSantis signed Kearse’s death warrant on Jan. 29. Afterward, Kearse filed a motion for postconviction relief, which was denied by the trial court and upheld by the state’s high court.

Kearse is the third inmate executed in Florida this year. Michael King is scheduled to be executed March 17 for the 2008 abduction, rape and murder of Denise Amber Lee in North Port. James Aren Duckett is scheduled for execution March 31 for the 1987 rape and murder of an 11-year-old girl.