Bio

David Eugene Johnston was born on March 11, 1960, according to the Florida Commission on Capital Cases. Before the crime, Johnston had prior contact with Hammond because he worked at a demolition site near her home in Orlando, Florida. Court records state that Johnston had been inside Hammond’s apartment before the murder and had been seen washing dishes there five nights earlier. This established that he knew the victim and had access to her residence before the fatal attack.

Johnston also had a prior Florida prison history before the murder. The Florida Commission on Capital Cases lists a 1982 Orange County conviction for battery on a law enforcement officer, firefighter, emergency medical worker, or similar protected official, for which he received a two-year sentence.

Murder Story

On November 5, 1983, at approximately 3:30 a.m., David Eugene Johnston called the Orlando Police Department and identified himself as “Martin White.” During the call, he gave police the address of Mary Hammond’s residence and said that someone had killed his grandmother. When officers arrived at the home, they found 84-year-old Mary Hammond dead inside the residence. Her body showed multiple stab wounds as well as evidence of manual strangulation.

Police arrested Johnston at the scene after observing scratches on his face, blood on his clothing, and inconsistencies in the explanations he gave to different officers. Investigators later determined that Johnston had been working at a demolition site near Hammond’s home and had previous contact with her. He had been seen inside her apartment washing dishes five nights before the murder. Witnesses also stated that Johnston had been seen earlier on the night of the murder without scratches on his face.

Several pieces of physical evidence connected Johnston to the crime. A watch that had been seen on Johnston’s wrist as late as 1:45 a.m. on the morning of the murder was later found covered with blood on a bathroom countertop inside Hammond’s home. A butterfly pendant that Johnston had been seen wearing as late as 2:00 a.m. was found tangled in Hammond’s hair. Investigators also found a reddish-brown stained butcher-type knife between the mattress and box spring of Hammond’s bed. A footprint found outside the kitchen window matched Johnston’s shoe.

Evidence also supported robbery as a motive. A pillowcase found at the nearby demolition site contained property belonging to Hammond, including a brass teapot, a wine bottle, flatware, tableware, and a silver candlestick. These items linked the killing to the theft of the victim’s belongings.

On December 5, 1983, Johnston was indicted on one count of first-degree murder in Orange County, Florida. On May 18, 1984, he was found guilty of first-degree murder. On May 29, 1984, the jury recommended a death sentence by a vote of 8 to 4. On June 1, 1984, the trial court sentenced Johnston to death.

Johnston pursued numerous appeals and post-conviction challenges over the following decades. The Florida Supreme Court affirmed his conviction and death sentence on direct appeal on November 13, 1986. Later filings raised issues involving jury selection, the public defender’s request to withdraw, competency to stand trial, ineffective assistance of counsel, sentencing instructions, public records requests, mental retardation or intellectual disability claims, DNA testing, and other post-conviction matters. Most of these claims were denied or found to be without merit.

In 2009, after a death warrant was signed, the Florida Supreme Court stayed Johnston’s execution and ordered DNA testing. The DNA-related appeal was later denied in January 2010, and the stay of execution was lifted. Another death warrant was signed in February 2010. However, Johnston was not executed.

On September 30, 2010, the Florida Department of Corrections removed David Eugene Johnston from the death row roster after a court order changed his status to deceased. He died while still under a death sentence and was not executed.