Wakulla County: Guerry Hertz & Jason Looney resentenced
Hertz and Looney were both granted new penalty phases after Hurst. In February, Hertz was resentenced to death. This month, Looney was resentenced to life without parole.
Guerry Hertz and Jason Looney were convicted of murdering Melanie King and Robin Keith Spears in July 1977. For Looney, the jury recommended death by a vote of 10-2. On direct appeal in 2001, the Florida Supreme Court affirmed their convictions and sentences of death.
In 2006, the Florida Supreme Court affirmed the circuit court’s denial of both Hertz’s and Looney’s claims on postconviction.1
After Hurst, Hertz and Looney were both granted new penalty phases.2 When the 2023 statute went into place, both Hertz and Looney filed petitions at the Florida Supreme Court. While the petitions were ultimately dismissed, the resentencing proceedings were stayed pending the Court’s decision. (More here.)
On December 16, 2024, a jury recommended that Hertz be resentenced to death on both counts by a vote of 10-2:
Before reaching this recommendation, the jury unanimously determined that the State proved five out of seven aggravating factors beyond a reasonable doubt.
On February 13, 2025, the trial court resentenced Hertz to death. In the Sentencing Order, the trial court assigned the aggravating factors that the jury found beyond a reasonable doubt the noted weight:
The capital felony was especially heinous, atrocious, or cruel (very great weight);
Hertz was previously convicted of another capital felony or of a felony involving the use or threat of use of violence to the person (very great weight);
The capital felony was committed by a person convicted of a felony who was on felony probation (moderate weight); and
The crime was committed for capital gain (merged to the others).
As to mitigation, the trial court found the following mitigation and assigned the noted weight:
Hertz had no significant history of prior criminal activity (moderate weight);
Hertz’s age at the time of the crime (significant weight);
Hertz had health issues and a disability (moderate weight);
Hertz suffered from poverty, bad parents, an abusive parent, and from a lack of affection and care (great weight);
There is a big variation between Hertz’s verbal performance and overall performance on the Wechsler intelligence scale test, thus undercutting his IQ score (moderate weight);
Hertz is a different person living a structured life and poses no danger to others living out his natural life in prison (little weight); and
Hertz’s family loves him and will miss him if he dies (little weight).
Further, the trial court determined Hertz did not prove the following mitigation by the greater weight of the evidence and assigned the noted weight:
The murders were committed while Hertz was under the influence of extreme mental or emotional disturbance (little weight);
Hertz was an accomplice in the murder committed by another person and his participation was relatively minor (little to no weight);
Hertz acted under extreme duress or under the substantial domination of another person (little weight);
Hertz’s capacity to appreciate the criminality of his conduct to the requirements of law was substantially impaired (little to no weight);
The passage of time (no weight); and
The changes in law and timing of changes are unfair to Hertz (no weight).
The full Sentencing Order can be downloaded here.
Hertz’s direct appeal has been docketed at the Florida Supreme Court (No. SC2025-0316).
Jason Looney resentenced to LWOP
On January 20, 2025, a jury recommended that Looney be resentenced to life in prison without parole (LWOP) on both counts:
Before reaching this recommendation, the jury unanimously determined that the State proved four out of six aggravating factors beyond a reasonable doubt.
Under Florida’s current capital sentencing scheme, the trial court had to sentence Looney to LWOP following the jury’s recommendation. Accordingly, on March 6, the trial court entered a Sentencing Order resentencing Looney to LWOP.
The full Sentencing Order can be downloaded here.
TFDP Prior Coverage
Hertz v. State, 941 So. 2d 1031 (Fla. 2006); Looney v. State, 941 So. 2d 1017 (Fla. 2006).