Florida Senate - 2026                                     SB 694
       
       
        
       By Senator Bracy Davis
       
       
       
       
       
       15-00760A-26                                           2026694__
    1                        A bill to be entitled                      
    2         An act relating to compensation of the descendants of
    3         Charles Greenlee, Walter Irvin, Samuel Shepherd, and
    4         Ernest Thomas; providing that certain facts are found
    5         and declared to be true; providing that a sum is
    6         appropriated from the General Revenue Fund to the
    7         Department of State for specified relief; providing
    8         that specified persons are ineligible for further
    9         compensation; providing an effective date.
   10  
   11         WHEREAS, on July 16, 1949, a 17-year-old white woman and
   12  her estranged husband reported to police that they had been
   13  attacked and that she had been raped by four black men after the
   14  car that she and her husband were riding in broke down on a
   15  rural road outside Groveland, in Lake County, and
   16         WHEREAS, despite the lack of physical evidence in the case
   17  and the established alibis of the accused, Charles Greenlee,
   18  Walter Irvin, Samuel Shepherd, and Ernest Thomas, the four men
   19  were presumed guilty, and
   20         WHEREAS, Mr. Irvin and Mr. Shepherd, both World War II
   21  veterans, acknowledged that they had stopped by the broken-down
   22  vehicle to see if they could assist the couple, but denied any
   23  involvement in the alleged rape, and
   24         WHEREAS, Mr. Greenlee, who was only 16 years old at the
   25  time, and Mr. Thomas denied ever meeting the alleged victim and
   26  her estranged husband, and
   27         WHEREAS, after their arrest that evening, Mr. Greenlee, Mr.
   28  Irvin, and Mr. Shepherd were severely beaten in the basement of
   29  the county jail, and Mr. Greenlee and Mr. Shepherd were coerced
   30  into confessing to the crime, while Mr. Irvin refused to admit
   31  guilt, and
   32         WHEREAS, Mr. Thomas, who fled the county, was shot to death
   33  several days later in Madison County by members of a deputized
   34  posse of armed men, resulting in more than 400 gunshot wounds,
   35  and
   36         WHEREAS, the three surviving men, Mr. Greenlee, Mr. Irvin,
   37  and Mr. Shepherd, were tried and convicted in the case, with Mr.
   38  Greenlee sentenced to life imprisonment due to his age and Mr.
   39  Irvin and Mr. Shepherd sentenced to death, and
   40         WHEREAS, Thurgood Marshall, then executive director of the
   41  NAACP Legal Defense and Educational Fund, appealed the
   42  convictions of Mr. Irvin and Mr. Shepherd to the United States
   43  Supreme Court, which unanimously overturned the judgments on
   44  April 9, 1951, and ordered a retrial, and
   45         WHEREAS, seven months later, in November 1951, while
   46  transporting Mr. Irvin and Mr. Shepherd from Florida State
   47  Prison in Raiford to Tavares State Prison for a pretrial
   48  hearing, Lake County Sheriff Willis McCall and Deputy Sheriff
   49  James L. Yates shot both men on a dirt road leading into
   50  Umatilla, claiming that they had shot the handcuffed men in
   51  self-defense when the two tried to escape, and
   52         WHEREAS, Mr. Shepherd died at the scene as a result of his
   53  wounds, but Mr. Irvin, who pretended to be dead, survived and
   54  accused the sheriff and his deputy of attempted murder, but no
   55  charges were ever brought against the officers, and
   56         WHEREAS, despite Mr. Irvin having been retried and
   57  convicted a second time of the crime and sentenced to death, his
   58  sentence was commuted to life in prison in 1954 by then-Governor
   59  LeRoy Collins, who was not convinced of Mr. Irvin’s guilt, and
   60         WHEREAS, in 1970, while visiting Lake County, Mr. Irvin,
   61  who had been paroled 2 years earlier by then-Governor Claude
   62  Kirk, was found dead in his car, and, while Mr. Irvin’s death
   63  was officially attributed to natural causes, Thurgood Marshall
   64  reportedly doubted the circumstances surrounding Mr. Irvin’s
   65  death, and
   66         WHEREAS, Mr. Greenlee, who was paroled in 1962 after
   67  serving 12 years in prison, died in April 2012 at the age of 78,
   68  and
   69         WHEREAS, in 2017, the Legislature unanimously adopted House
   70  Concurrent Resolution 631 acknowledging the grave injustices
   71  perpetrated against Mr. Greenlee, Mr. Irvin, Mr. Shepherd, and
   72  Mr. Thomas, apologizing to each of them and their families, and
   73  urging the Governor and the Cabinet to perform an expedited
   74  clemency review of their cases for the purpose of granting the
   75  men full pardons, and
   76         WHEREAS, on January 11, 2019, Governor DeSantis issued full
   77  pardons, which were unanimously approved by the Board of
   78  Executive Clemency, to Mr. Greenlee, Mr. Irvin, Mr. Shepherd,
   79  and Mr. Thomas, and
   80         WHEREAS, on November 22, 2021, the State Attorney’s Office
   81  of Lake County filed a motion in the Circuit Court of the Fifth
   82  Judicial Circuit to dismiss the indictments of Mr. Shepherd and
   83  Mr. Thomas and to set aside the convictions and sentences of Mr.
   84  Greenlee and Mr. Irvin, which motion was granted, and
   85         WHEREAS, the State of Florida recognizes an obligation to
   86  equitably redress the injuries, damages, infringement of civil
   87  rights, and loss of life that Mr. Greenlee, Mr. Irvin, Mr.
   88  Shepherd, Mr. Thomas, and their families sustained as a result
   89  of the events that transpired in Lake County, NOW, THEREFORE,
   90  
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. The facts stated in the preamble to this act are
   94  found and declared to be true.
   95         Section 2. A sum as specified in the General Appropriations
   96  Act is appropriated from the General Revenue Fund to the
   97  Department of State for the relief of the descendants of Charles
   98  Greenlee, Walter Irvin, Samuel Shepherd, and Ernest Thomas.
   99         Section 3. A person compensated under this act is
  100  ineligible for any further compensation related to the factual
  101  situation described in this act.
  102         Section 4. This act shall take effect upon becoming a law.