Justices Rule Abuse Claims ‘Procedurally Barred’ as Inmate’s Execution Date Nears; Would Mark State’s Record 13th Execution of the Year
The Florida Supreme Court on Wednesday refused to halt the impending execution of Victor Tony Jones, 64, who was sentenced to death for the brutal 1990 murders of a couple in Miami-Dade County.
The court rejected arguments that newly surfaced evidence of severe abuse Jones suffered as a child at the now-shuttered Okeechobee School should warrant a retrial and likely a life sentence.
Court Cites Delay in Raising Abuse Claims
Jones’s attorneys argued that his recent eligibility to receive compensation from the state—alongside hundreds of other men—for abuse suffered at the Okeechobee School and the Dozier School for Boys constituted “newly discovered evidence.” They contended that a jury, knowing of the state-sanctioned abuse, would likely spare his life.
However, the Supreme Court, in a 5-1 decision, ruled the arguments were “procedurally barred.” The opinion stated that the alleged abuse occurred “nearly 50 years ago—and roughly 15 years before his trial,” yet Jones failed to raise it at trial or in any prior post-conviction proceedings.
“Because Jones’ claim about any abuse he suffered at the Okeechobee School could have and should have been raised earlier, it is procedurally barred,” the 23-page opinion declared.
The court further noted that the mitigation evidence itself stems from the abuse—which Jones has known about since the 1970s—and not the 2025 compensation eligibility letter. The opinion, shared by Chief Justice Carlos Muniz and four other justices, concluded that Jones could not establish that a claim of abuse would “probably yield a life sentence on retrial.” Justice Jorge Labarga dissented without issuing an opinion.
Scheduled Execution and The Catholic Conference Appeal
Jones is scheduled to be executed at 6 p.m. Tuesday, September 30, at Florida State Prison. Governor Ron DeSantis signed the death warrant on August 29. If carried out, Jones’ execution would be a modern-era record 13th execution this year in Florida, surpassing the previous high.
Jones was convicted of murdering his employers, 66-year-old Matilda Nestor and 67-year-old Jacob Nestor, at their business in December 1990. Court documents describe a violent crime where the Nestors were fatally stabbed.
In a last-ditch effort, the Florida Catholic Conference released a letter sent to Governor DeSantis urging him to commute Jones’ sentence to life without parole.
“It cannot be that with one hand the state pays out compensation to men abused and tortured as children in its care… while at the same time with its other hand puts one of these victims to death,” wrote Michael Sheedy, the conference’s executive director, appealing to the Governor’s conscience.
Jones’s legal team is expected to file final appeals with the U.S. Supreme Court. Unsuccessful arguments before the Florida Supreme Court also included claims of intellectual disability and a violation of the U.S. Constitution’s Eighth Amendment.
READ: Florida Man Guilty In Brutal Stabbing Murder, Jury Sees Through His Hysterical ‘Act’
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