Death sentences vacated for Jacksonville man who killed roommate, 13-year-old

Jacksonville, FL — He was given two death sentences for killing his roommate and that man’s 13-year-old son in their Jacksonville home- now, Thomas Bevel is getting a new penalty phase.

The Florida Supreme Court has vacated the sentences on two different grounds- one because of recent changes to Florida’s death penalty sentencing scheme and one because of ineffective counsel.

Case history 

Bevel was charged in early 2004 with the first degree murder of 30-year-old Garrick Stringfield, first degree murder of Stringfield’s 13-year-old son Phillip Sims, and attempted first degree murder of Feletta Smith. Bevel and Stringfield lived together and were close friends, and while they were at a parade they ran in to Smith, whom they both knew from their childhood.

Bevel and Stringfield started drinking, and Stringfield’s son was dropped off at the home. At some point that night, Bevel left to pick up his girlfriend, and brought her back to the home as well. Court records say Bevel and his girlfriend were in his room and Stringfield and Smith were in Stringfield’s room, when Bevel left his room and knocked on Stringfield’s door. As soon as Stringfield opened the door, court records say Bevel immediately shot Stringfield in the head and then shot Smith several times while she lay in bed. Bevel then went to the living room and shot Sims while he was sitting on the couch.

Testimony showed Bevel said he shot the boy because he was going to be a witness.

Smith underwent multiple surgeries while she was hospitalized for a month. Stringfield and Sims both died of gunshots to the head.

About a month after the shooting, Bevel was found by police. Investigators say he confessed, but gave different accounts of what happened. Bevel ultimately claimed he and Stringfield had been fighting about money, and he believed Stringfield was going to kill him.

Ultimately, Bevel was convicted on all three counts in connection to the shootings. He was sentenced to death by a unanimous jury for the murder of Sims, and sentenced to death by an 8-4 vote for the murder of Stringfield.

Florida’s death penalty changes 

The Florida Supreme Court has recently ruled that death sentences must be given by a unanimous jury.

Subsequent rulings have shown this threshold to be retroactive in some cases, specifically death sentences that became final after the US Supreme Court decided Ring v. Arizona in 2002.

Because Bevel’s case was settled after that time, the Florida Supreme Court says the non-unanimous death sentence given for Stringfield’s murder was vacated.

Florida lawmakers have since passed a new law that requires a unanimous jury to impose a death sentence.

Ineffective counsel 

The death sentence for the murder of Sims was unanimous, so the changes in Florida’s death penalty sentencing law did not have an impact. During appeals, however, Bevel raised the question of ineffective counsel during the penalty phase, and the Florida Supreme Court has sided with his arguments.

Bevel says his penalty phase counsel did not conduct a “constitutionally adequate” mitigation investigation, meaning he didn’t spend enough time looking for records and evidence that could be presented to the jury to show other factors- like that he suffers brain damage- that the jury could weigh against the facts of the case in determining whether to sentence Bevel to death. Other mitigating factors include evidence of childhood sexual abuse, a poor living environment while growing up, unresolved grief from his mother’s death, physical and emotional abuse suffered by Bevel at the hands of Strickland, and other factors.

Court records show the penalty phase counsel admitted to only starting his mitigation investigation about 12 days before the trial. In all, billed fewer than 17 hours on mitigation investigation.

“From a review of the evidentiary hearing transcript and the record, it is clear that counsel failed to obtain, or was unaware of, significant records and mitigation evidence that could have assisted in the defense’s penalty phase presentation. Indeed, penalty phase counsel conceded, based on the records postconviction counsel established to have been in existence, that he could have done more to investigate mitigation,” the Florida Supreme Court ruling says.

The Court found postconviction evidence showed a more complete picture of Bevel’s background than what the jury saw during the proceedings. As such, they have vacated the death sentence imposed for Sims as well.

This ruling orders a new penalty phase to take place in Bevel’s case. He also received a life sentence for the attempted murder charge.