Fourteenth Judicial Circuit, Bay
County Case # 01-2956
Sentencing Judge: The Honorable
Don T. Sirmons
Attorney, Trial: Walter B. Smith
– Assistant Public Defender
Attorney, Direct Appeal: David
Davis – Assistant Public Defender
Attorney, Collateral Appeals:
Charles Lykes – Registry
Date of Offense: 11/02/01
Date of Sentence: 01/09/03
Circumstances of Offense:
Paul Everett lived in Alabama,
but came to Panama City Beach, Florida, during the week of 11/02/01. He
stayed at a motel, played video games at one of the arcades, and used
drugs.
Around dusk on 11/02/01, Everett “ate some acid [LSD] and
started tripping” and went looking for money. Everett walked into the
apartment of Kelli Bailey, saw her purse, and began rummaging through
it.
Everett found $70, but was confronted by Bailey. Everett’s
recollection of the events was incomplete, but he remembered hitting her
twice, grabbing her by the hair, and sexually assaulting her.
The
medical examiner testified that Bailey died from suffocation, caused
from a broken vertebra that caused her diaphragm muscles not to
function. The vertebra was broken when Everett grabbed Bailey by the
hair.
Specifically, injuries to Ms. Bailey resulting from the attack
included a fractured nose; somewhat swollen eyelids; abrasions to the
bottom of her chin; lacerations and bruising to various areas of her
lip; a laceration to the top of the lip from which her front teeth
protruded; bruising to the tongue; a knocked out tooth; abrasions and
carpet burns to her thumb, elbows, and middle of her back; and abrasions
to her vagina.
At
the time of the murder, Everett was on bond pending the resolution of an
appeal he had filed with an appellate court in Alabama (see Additional
Information section). His trip to Florida violated the conditions of
the bond, and, on the day of the murder, he was seized and placed in the
Baldwin County, Alabama jail.
A month after the murder, Everett
confessed to breaking into Bailey’s house, fighting with her, and
sexually assaulting her.
Additional
Information:
Everett was under a sentence of imprisonment at the time of the murder.
In Alabama, on 09/08/99, Everett was convicted on one count of
Second–Degree Possession of a Forged Instrument. Everett was given a
suspended sentence of 10 years and probation for 3 years.
On 02/08/00,
Everett’s probation was revoked, and he was sentenced to 10 years in
prison. Everett appealed the decision and was freed on bond, pending
the appeal.
On 10/05/01, Everett’s appeal was denied, and he was to
begin his prison sentence 15 days after the appellate decision.
Trial Summary:
01/28/02 Indicted as follows:
Count I: First-Degree
Murder
Count II: Burglary with
Assault
Count III: Sexual Battery
11/21/02 Jury returned guilty verdicts on all counts of the
indictment
11/22/02 Jury recommended death by a vote of 12-0
01/09/03 Sentenced as follows:
Count I: First-Degree
Murder – Death
Count II: Burglary with
Assault – Life Imprisonment
Count III: Sexual Battery –
Life Imprisonment
Case Information:
Everett filed a Direct Appeal with the Florida Supreme Court on
01/15/03, citing the following errors: admitting physical evidence and a
confession, admitting the testimony of the State’s DNA expert regarding
population frequency, Ring issues, allowing improper penalty phase jury
instructions, and finding the imprisonment aggravating circumstance. On
11/24/04, the FSC affirmed the convictions and sentences.
Everett filed a Petition for Writ of Certiorari with the U.S. Supreme
Court on 02/22/05 that was denied on 04/18/05.
Everett filed a 3.851 Motion with the Circuit Court on 03/30/06 that is
pending.
