The Wakulla Sun Archive 10-13-22

Hertz-Looney delayed

The two murderers were supposed to have a resentencing this month on whether to impose the death penalty

Guerry Wayne Hertz and Jason Looney

By WILLIAM SNOWDEN Editor

The resentencing of Guerry Wayne Hertz and Jason Looney, convicted of the 1997 murders of Keith Spears and Melanie King, has been delayed due to health issues with the defense attorneys.

The case was set for October to re-do the death penalty phase of the trial.

Defense attorney Clyde Taylor, who represented Hertz, filed a motion to withdraw with the court that he has developed a hearing impairment. His second chair is not certified to handle death penalty cases, so a new lead attorney will have to be found, which will likely cause the case to be postponed for at least a year.

Circuit Judge Ron Flury granted the motion to withdraw.

Baya Harrison, the attorney representing Jason Looney, has also suffered from some health problems. Both attorneys represented the men at the 1999 trial.

In 1999, the jury voted 10-2 to recommend death sentences for Hertz and Looney. But the Supreme Court has since held that a jury’s recommendation for death must be unanimous. The convictions of guilt for Hertz and Looney would not be affected by the proceeding – the jury will only be considering whether the men should be executed for the murders or face life in prison.

A third man involved in the killings, Jimmy Dempsey, made a deal with the state to testify against Hertz and Looney in exchange for a life sentence.

The state is represented by Assistant State Attorney Eddie Evans, who now handles appeals for the office but in 1999 was Wakulla chief prosecutor and prosecuted Hertz and Looney with then-State Attorney Willie Meggs. Current Wakulla chief prosecutor, Brian Miller, is also working on the case.

Evans and Miller are also both candidates for Wakulla County Judge to replace Jill Walker, who will retire at the end of the year.

On July 26, 1997, Hertz, Looney, and Dempsey were bored and walking around looking for a way to get to Tallahassee. A woman who lived approximately 500 yards from the Spears-King home said that, at approximately 2 a.m., Hertz came to her home requesting to use her telephone because “his truck had broken down.” She refused and the three men resumed their walk up the road towards the home of King and Spears.

Acting as a decoy, Dempsey and Hertz knocked on the front door and asked if they could use a telephone. King gave them a cordless telephone and Dempsey pretended to make a call. When Dempsey started to hand the phone back to King, Hertz forced his way into the home at gunpoint.

King and Spears were forced face down on their bed after being bound and gagged with duct tape. The three defendants stole various items including a television, a VCR, furniture, jewelry, CDs, and $1,500 cash. They loaded the stolen goods into the victims’ two vehicles.

Hertz and Looney decided that they could not leave witnesses and then informed Dempsey of their plan. Dempsey testified that Hertz and Looney poured gasoline throughout the house, after which all three men went back to the bedroom armed. King told the defendants that she would “rather die being burnt up than shot.”

She then stated, “Please, God, don’t shoot me in the head.” Hertz replied, “Sorry, can’t do that,” before he started firing. Looney started shootng and was followed by Dempsey. Both King and Spears died as a result of the gunshot wounds.

After the shootings, the house was set afire. Looney drove away in the victims’ Ford Mustang with Dempsey as a passenger, while Hertz drove the victims’ white Ford Ranger.

Hertz, Looney, and Dempsey then drove to Daytona Beach where they were involved in a shootout after a police pursuit. Hertz suffered a gunshot wound to the head and paid $100 for a cab-ride to his aunt’s St. Augustine home. Hertz was arrested that day and police discovered Spears’ 9mm gun in Hertz’s bag.