Here is the article about Doug Gilding's case that was submitted to Wikipedia.
| Doug Gilding | |
|---|---|
 | |
| Born | Douglas Steven Gilding May 22, 1972 Portland, Maine, U.S. |
| Criminal status | Incarcerated on Interstate Transfer at Maine State Prison |
| Conviction(s) | Conspiracy to Robbery Armed Robbery Felony Causing Injury (2) First Degree Felony Murder |
| Criminal penalty | Life imprisonment without the possibility of parole |
| Contact | FreeDougGilding@gmail.com |
Douglas Steven Gilding (born May 22, 1972) is an incarcerated American convicted as a ‘non-present principal’ in the 1997 robbery and murder at Suzanne’s Oyster Reef and Pub in Longwood, Florida, United States. He was arrested on June 6, 1997 in Seminole County.[1] "Brains Behind Robbery Convicted". Orlando Sentinel. 1999-03-06. Retrieved 2025-06-13. After turning down a 4-year plea deal that would have required him to testify against his co-defendants, Gilding was found guilty at a jury trial of helping plan the robbery during a 10-minute conversation in his roommate/co-defendant’s car. From day one, Gilding has maintained his innoncence, and asserts that he was merely a passenger in the car.[25]"DOUGLAS GILDING, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents., No. F036889". UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION. 2012-05-22. CaseMine. Retrieved 2025-07-28. He was given a life-without-parole sentence under Florida’s felony murder law, for a crime committed while he was home in bed sleeping.[1] "Brains Behind Robbery Convicted". Orlando Sentinel. 1999-03-06. Retrieved 2025-06-13. [2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.
Gilding grew up in a small town in Maine, then went to college in Florida.[3] "Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10. Before his arrest in 1997, he worked as an actor in Hollywood, California for a short time, and also as a stock trader.[2] "A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26. While in prison he has gotten certified as a paralegal, taught GED classes for other inmates, and trained service dogs for disabled veterans.[4] "During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14. [5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14.
His case is notable because he was not present when the actual crime was committed, similar to Ryan Holle, who’s sentence was recently commuted by Florida’s governor. Gilding’s unique situation, and the fact that he has spent nearly the last 30-years in prison, is a prime argument against the Felony murder rule.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[6]From the HEART ❤️ (2023-07-16). "Doug's FMR bill". Spotify. Retrieved 2025-06-14.
In the early morning hours of May 15, 1997, two men burst into Suzanne’s Oyster Reef and Pub at closing time. One of them fired a shot into the ceiling, as they demanded wallets, jewelry, and car keys. Witnesses described the robbers as black, in their early 20s, and 5 feet 11 inches to 6 feet tall.[7]"Gunmen Kill Cook In Pub Rampage". Orlando Sentinel. 1997-05-16. Retrieved 2025-06-14. They were later identified as Juan Smallwood and Thomas Chenault.[8]"Robbery At Pub Was Not A Random Stickup". Orlando Sentinel. 1997-12-05. Retrieved 2025-06-14.
During the course of the robbery four patrons were pistol-whipped, and one was shot in the leg. At one point, a patron got into a struggle with Chenault, who had the gun. Smallwood, who had a knife, stabbed the patron. Rufus Morse, employed as the cook at Suzanne’s, came out of the bathroom and startled Chenault, who shot Morse in the head, killing him instantly. Patrons began throwing bottles at the robbers, who then fled the bar.[7]"Gunmen Kill Cook In Pub Rampage". Orlando Sentinel. 1997-05-16. Retrieved 2025-06-14.[8]"Robbery At Pub Was Not A Random Stickup". Orlando Sentinel. 1997-12-05. Retrieved 2025-06-14.
After their arrest two weeks later, Smallwood and Chenault confessed to investigators. In addition, a third man, Michael Stafford, confessed to providing the weapons and driving the getaway car. The three robbers identified two other men as being present during the planning of the robbery: Gilding, and his roommate John Fisher.[8]"Robbery At Pub Was Not A Random Stickup". Orlando Sentinel. 1997-12-05. Retrieved 2025-06-14.[9]"Plea Deal In Robbery Helps Orlando Man Avoid Electric Chair". Orlando Sentinel. 1997-09-30. Retrieved 2025-06-14.
According to testimony, on the night before the robbery Fisher, driving his van, with Gilding as the passenger, met up with Stafford, Chenault, and Smallwood in a parking lot down the road from Suzanne’s. According to Fisher and Stafford's likely perjured testimony (see below), the five of them sat in Fisher’s van, where they discussed the layout of Suzanne’s Bar and the location of the safe and drugs.[8]"Robbery At Pub Was Not A Random Stickup". Orlando Sentinel. 1997-12-05. Retrieved 2025-06-14. After an approximately 10-minute long conversation, Stafford, Chenault, and Smallwood got back into their own vehicle and drove off. Shortly thereafter, Fisher and Gilding returned to their apartment, and were home in bed sleeping in a different county when the robbery and murder were committed.[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[4]"During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14.[6]From the HEART ❤️ (2023-07-16). "Doug's FMR bill". Spotify. Retrieved 2025-06-14.
Gilding, Smallwood, and Chenault all went to trial, and although prosecutors had originally been seeking the death penalty,[10]Jacobson, Susan (1998-09-11). "Defendant In Slaying Gets Deal". Orlando Sentinel. Retrieved 2025-06-14. they received life-without-parole sentences.[11]"Inmate Population Information Detail – Juan C Smallwood". Florida Department of Corrections. Retrieved 2025-06-14.[12]"Inmate Population Information Detail – Thomas W Chenault". Florida Department of Corrections. Retrieved 2025-06-14. Stafford and Fisher avoided the death penalty by taking plea deals in exchange for their testimony against the other co-defendants.
Stafford pleaded guilty to manslaughter, and received 15-years in prison for his role as getaway driver and providing the weapons used in the robbery/murder. He was released in 2010.[9]"Plea Deal In Robbery Helps Orlando Man Avoid Electric Chair". Orlando Sentinel. 1997-09-30. Retrieved 2025-06-14.[13]"Inmate Population Information Detail – Michael D Stafford". Florida Department of Corrections. Retrieved 2025-06-14. Despite originally facing the death penalty for being a principal planner of the robbery, Fisher pleaded guilty to accessory-after-the-fact and received 4-and-a-half years in prison. He was released in 2001.[10]Jacobson, Susan (1998-09-11). "Defendant In Slaying Gets Deal". Orlando Sentinel. Retrieved 2025-06-14.[14]"Inmate Population Information Detail – John F Fisher". Florida Department of Corrections. Retrieved 2025-06-14.
Gilding, who was not present when the robbery was committed, was charged as a 'non-present principal' to first degree murder under a legal doctrine known as the Felony murder rule.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[4]"During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14.[5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14. This doctrine allows persons to be held liable for a murder committed by a co-defendant, even if the person was not present when the murder occurred or the death was accidental.[15]Grodin, Charles (2019-01-11). "Time to be rid of the felony murder role: The heartbreaking struggle of Ryan Holle's mom". New York Daily News. Retrieved 2025-06-14.[16]Grodin, Charles (2014-03-24). "Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep?". The Nation. Retrieved 2025-06-14.[17]McGivern, Kylie (2022-04-07). "Felony murder rule: Life in prison for a crime someone else commits in Florida". ABC Action News. Retrieved 2025-06-14. "The United States is the only developed nation that still has these draconian felony murder laws on the books."[4]"During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14. The doctrine has been completely abolished in England, Canada, Ireland, and most of Europe.[16]Grodin, Charles (2014-03-24). "Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep?". The Nation. Retrieved 2025-06-14.[18]Tedesco, Julia (2021). "Paradox in Practice: A Reckoning of the Common Law’s Antiquated, Prejudiced Felony Murder Rule". Fordham International Law Journal. 45 (1): 211–265. Retrieved 2025-06-14. This means that someone who played a relatively minor role in a crime, such as a get away driver or co-conspirator, could spend his or her life behind bars despite not having killed anyone. "This type of sentence should be reserved for the most heinous criminals not peripheral players."[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14.
In Gildings case, because he was present during the ten-minute conversation and was convicted as a co-conspirator to the robbery, he was found to be guilty of the murder committed by Chenault, despite the fact that he was home in bed sleeping when the crime occurred.[1]"Brains Behind Robbery Convicted". Orlando Sentinel. 1999-03-06. Retrieved 2025-06-13.[6]From the HEART ❤️ (2023-07-16). "Doug's FMR bill". Spotify. Retrieved 2025-06-14.
Shortly after his arrest on June 6, 1997, Gilding refused a 4-year plea deal where he would be required to testify against his co-defendants, which was later offered to, and accepted by, Fisher. He was also offered a deal similar to Stafford's before trial, but chose to fight the case in front of a jury. Gilding’s trial lasted five days, during which his attorneys requested a mistrial based on perjury committed on the witness stand by Stafford.[1]"Brains Behind Robbery Convicted". Orlando Sentinel. 1999-03-06. Retrieved 2025-06-13.[19]"Witness' Story Changes Again". Orlando Sentinel. 1999-03-04. Retrieved 2025-06-14.
Before Gilding's trial, Assistant State Attorney Charles Tabscott had filed a motion to withdraw Michael Stafford’s plea deal and re-charge him with first-degree murder. Tabscott claimed that Stafford was lying in his depositions, and "trying to minimize his involvement in the crime".[20]"State's Witness Changes His Story". Orlando Sentinel. 1998-06-11. Retrieved 2025-06-14. In addition, Tabscott argued, Stafford was "making himself useless as a state witness against his four co-defendants".[20]"State's Witness Changes His Story". Orlando Sentinel. 1998-06-11. Retrieved 2025-06-14. The judge agreed that Stafford had "changed his testimony", but declined to throw out the plea deal, and ordered Tabscott and Stafford to try and "iron out the inconsistencies".[20]"State's Witness Changes His Story". Orlando Sentinel. 1998-06-11. Retrieved 2025-06-14. Despite having argued on record that Stafford was a liar and useless as a witness, Tabscott nonetheless decided to use him as a key witness in Gilding's trial.[21]"Defendants To Fight Over Shootout Role". Orlando Sentinel. 1999-02-27. Retrieved 2025-06-14.
In addition, shortly after his attempt to withdraw Stafford's plea deal failed, prosecutor Tabscott offered John Fisher the same 4-year plea deal that Gilding had earlier refused, in exchange for his testimony against Gilding. Fisher, who had been facing the death penalty, quickly accepted the offer.[10]Jacobson, Susan (1998-09-11). "Defendant In Slaying Gets Deal". Orlando Sentinel. Retrieved 2025-06-14. Tabscott then set Gilding's trial date with both Stafford and Fisher as witnesses who would testify that it was Gilding who had been the "brains" and done most of the planning for the robbery.[21]"Defendants To Fight Over Shootout Role". Orlando Sentinel. 1999-02-27. Retrieved 2025-06-14.
On the third day of Gilding's trial, Stafford gave a fifth and completely different version of the events leading up to the Suzanne's robbery. Gilding's defense attorney called Stafford a liar and moved for a mistrial. They accused prosecutor Tabscott of "desecrating the witness stand by intentionally presenting false testimony".[19]"Witness' Story Changes Again". Orlando Sentinel. 1999-03-04. Retrieved 2025-06-14. Trial Judge O.H. Eaton Jr. actually asked Tabscott if he thought Stafford was telling the truth, to which the prosecutor replied "I am not going to answer that question".[19]"Witness' Story Changes Again". Orlando Sentinel. 1999-03-04. Retrieved 2025-06-14.
Judge Eaton decided to let the case go to the jury, despite the credibility issues. Gilding’s attorneys argued that it was "Stafford and Fisher – not their client – who were the principal planners of the Suzanne's robbery."[19]"Witness' Story Changes Again". Orlando Sentinel. 1999-03-04. Retrieved 2025-06-14. They pointed out that since Stafford's original confession, each subsequent statement changed to make him look more innocent and Gilding more guilty.[19]"Witness' Story Changes Again". Orlando Sentinel. 1999-03-04. Retrieved 2025-06-14. Nevertheless, after deliberations, the jury came back with a guilty verdict on all counts.[1]"Brains Behind Robbery Convicted". Orlando Sentinel. 1999-03-06. Retrieved 2025-06-13. On April 8, 1999, Gilding was sentenced to: 5 years in prison for conspiracy to commit robbery; natural life without parole for first-degree felony murder; and 30 years for robbery and both counts of felony causing injury.[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.
After almost 25 years in prison, Gilding decided to write a felony murder reform bill from his prison cell while on COVID lock-down.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[4]"During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14.[5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14. He was inspired by the 2007 New York Times article "Serving Life for Providing Car to Killers," by Adam Liptak, which tells the story of 20-year-old Ryan Holle.[22]Liptak, Adam (2007-12-04). "Serving Life for Providing Car to Killers". The New York Times. Retrieved 2025-06-14. He was partying at his apartment with friends one night. Some of the group began discussing and planning to rob a drug dealer down the road, but Holle was not involved in that conversation. Ryan’s only role in the robbery was to loan his friends his car; he then went to bed. However, his friends went on to rob the dealer and ended up killing a woman. Under Florida’s felony murder law, Ryan was convicted and sentenced to life without parole for a crime committed while he was at home in bed, asleep.[15]Grodin, Charles (2019-01-11). "Time to be rid of the felony murder role: The heartbreaking struggle of Ryan Holle's mom". New York Daily News. Retrieved 2025-06-14.[16]Grodin, Charles (2014-03-24). "Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep?". The Nation. Retrieved 2025-06-14.[17]McGivern, Kylie (2022-04-07). "Felony murder rule: Life in prison for a crime someone else commits in Florida". ABC Action News. Retrieved 2025-06-14.[22]Liptak, Adam (2007-12-04). "Serving Life for Providing Car to Killers". The New York Times. Retrieved 2025-06-14.
This perceived injustice was pointed out by former Florida Governor (now U.S. Senator) Rick Scott when, in 2015, he commuted Ryan Holle’s sentence to 25 years in prison.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[4]"During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14.[5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14.[6]From the HEART ❤️ (2023-07-16). "Doug's FMR bill". Spotify. Retrieved 2025-06-14. He said that although Holle had some culpability, it was not deserving of a life sentence:
"For lending his car, Ryan Holle is serving a life sentence. This is the same sentence given to[his co-defendant], the man who viciously beat[the victim] to death. I believe the purpose of commutations is to undo such obviously inequitable results. The court was required by law to give Holle the same sentence as the man who actually killed[the victim]. ... Because of Ryan Holle’s responsibility for[the victim]'s death is clearly less than his[co-defendant]’s, I believe his sentence should likewise be less."[17]McGivern, Kylie (2022-04-07). "Felony murder rule: Life in prison for a crime someone else commits in Florida". ABC Action News. Retrieved 2025-06-14.This was the first commutation for felony murder in Florida history.[5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14.
Upon reading about Ryan Holle’s commutation, Gilding realized that his own case was very similar in that he was also at home in bed, asleep, when the crime was committed. He wrote the 'Ryan Holle Reform Act' to fix the Florida felony murder law and cap the amount of time in prison a person could receive if they were not the actual killer or were not a major participant in the crime that resulted in someone’s death.[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[4]"During Prison Covid Lockdown Florida Inmate Writes Criminal Justice Reform Bill". EIN Presswire. 2021-08-31. Retrieved 2025-06-14.[5]"Life in Prison for a CONVERSATION?!? Florida Inmate Tackles Draconian Felony Murder Law by Writing a Reform Bill". 24-7 Press Release. 2021-09-29. Retrieved 2025-06-14.[6]From the HEART ❤️ (2023-07-16). "Doug's FMR bill". Spotify. Retrieved 2025-06-14.[17]McGivern, Kylie (2022-04-07). "Felony murder rule: Life in prison for a crime someone else commits in Florida". ABC Action News. Retrieved 2025-06-14. The American Bar Association published an article about the 'Ryan Holle Reform Act' in their February/March 2022 issue of ABA Journal magazine.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10. (Full article PDF)
So far, the bill has received limited support. With Holle now released from prison, advocates hope that he will be able to engage legislators on the issue of Florida’s felony murder law, which currently allows individuals, like Holle and Gilding, who did not kill anyone or were not present during the crime, to receive life sentences.[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10.[16]Grodin, Charles (2014-03-24). "Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep?". The Nation. Retrieved 2025-06-14.
In the fall of 2024, Gilding and Ryan Holle were in contact with Dateline NBC producer Dan Slepian (producer of The Sing Sing Chronicles). After learning of the similarities between Gilding's case and Holle's, and noting that Gilding remained in prison after nearly 30 years, Slepian introduced him to his longtime friend, Marc Morjé Howard.[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.
Professor Howard is the founder of the Georgetown University Prisons and Justice Initiative,[23]"Prisons and Justice Initiative". Georgetown University. Retrieved 2025-06-14.[6]From the HEART ❤️ (2023-07-16). "Doug's FMR bill". Spotify. Retrieved 2025-06-14. and the co-founder of Making an Exoneree (Georgetown's version of the Innocence Project).[24]"Making an Exoneree". Making an Exoneree. Retrieved 2025-06-14. Prof. Howard saw the injustice in Gilding's case and submitted it to the Making an Exoneree (MAE) program. Starting in January 2025, the MAE team assigned to Gilding's case began researching records and interviewing people connected to Gilding. In May 2025, they completed a short documentary[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26. with the hope that greater public awareness of Gilding's situation will lead to a review of his life-without-parole sentence and, perhaps after three decades, get him a second chance similar to Ryan Holle.
The cases of Ryan Holle and Douglas Gilding have been cited by legal scholars and criminal justice reform advocates as notable examples in debates over the felony murder rule.[3]"Inmate’s life sentence spurs him to push for felony murder reform". American Bar Association Journal. February–March 2022. 108 (1): 13–14. Retrieved 2025-06-10. Uniquely, both men were reportedly at home and asleep when the crimes occurred, yet were convicted as non-present principals under Florida’s felony murder statute and sentenced to life without parole.[2]"A Ten-Minute Conversation, A Lifetime Behind Bars: The Story of Doug Gilding". Georgetown Prisons and Justice Initiative. YouTube. 2025-05-12. Retrieved 2025-05-26.