# Jesse Guardado

> Guardado pleaded guilty to the 2004 robbery and murder of Jackie Malone, a 75-year-old Walton County woman who had helped him find housing and work after he left prison. A unanimous jury recommended death. Gov. Ron DeSantis has set his execution for Nov. 5, 2026.

- Case: State of Florida v. Guardado · Walton County, Florida · 2004
- Case status: Execution scheduled. Death sentence in force. Gov. DeSantis signed a death warrant on Oct. 5, 2026, setting execution for Nov. 5 at Florida State Prison. The warrant states that executive clemency is not appropriate. His earlier state and federal appeals were denied. As of Oct. 26, 2026, his appeal of a circuit court order denying his warrant-period motion to vacate, and his request for a stay, were pending before the Florida Supreme Court.
- Last updated: 2026-10-26
- Editorial review: approved 2026-10-14
- Web page: https://criminalbackstories.com/cases/jesse-guardado/
- All defendants are presumed innocent until found guilty by a court of law. Charges and allegations described on this site are not proof of guilt.

## Why he's in the news

DeSantis signed Guardado's death warrant on Monday, Oct. 5, 2026, scheduling his execution for Nov. 5 at Florida State Prison.[11][13] The News Service of Florida reported that it was the 20th death warrant DeSantis had signed in 2026, and his second in a week.[14] The warrant states that "it has been determined that executive clemency is not appropriate."[13] Guardado is 64.[11] On Oct. 19, his lawyers asked the Florida Supreme Court to review a circuit court order denying his motions to vacate his judgment and death sentence, and WMBB reported on Oct. 22 that they had also asked that court for a stay of execution.[17][19] After Florida's 18th execution of the year on Oct. 20, the Associated Press reported that the state was poised to tie its record of 19 executions in a year, set in 2025, if Guardado's execution goes forward as scheduled.[18]

## Case at a glance

- Convictions: First-degree murder and robbery with a weapon, on pleas of guilty entered Oct. 19, 2004, without a plea agreement[1][6]
- Victim: Jackie Malone, 75, killed Sept. 13, 2004, in her Walton County home[1][11]
- Age at offense: 42 (born June 1962)[9]
- Jury recommendation: Death, 12–0, Sept. 15, 2005[1][9]
- Sentence: Death, imposed Oct. 13, 2005, by Walton County Circuit Judge Kevin Wells; 30 years, consecutive, for robbery with a weapon[1][9]
- Direct appeal: *Guardado v. State, 965 So. 2d 108 (Fla. 2007)*, affirmed[1]
- State postconviction: *Guardado v. State*, No. SC12-1040 (Fla. 2015), denial of relief affirmed[2]
- Federal habeas: *Guardado v. Secretary, Florida Department of Corrections*, No. 22-10957 (11th Cir. Aug. 12, 2024), denial of relief affirmed[6]; U.S. Supreme Court denied review June 23, 2025[8]
- Current status: Execution scheduled for Nov. 5, 2026; warrant-period appeal and stay request pending in the Florida Supreme Court as of Oct. 26[11][17][19]

## The backstory

### Background

Guardado had known Jackie Malone, 75, since 2003, according to the Florida Supreme Court. He had rented homes from her and at times stayed in her house, and she had helped him financially and with his job at a water treatment plant.[1] News reports describe her as having helped him find a place to stay and a job after he left prison.[11][13] He was on conditional release supervision at the time of the crime, the court wrote, after prior convictions for armed robbery in 1984, robbery with a deadly weapon in 1990, and robbery and robbery with a weapon in 1991.[1][6]

### The plan

The court wrote that Guardado "wanted to get high and continue his recent crack cocaine binge."[1] The federal appeals court described the binge as about two weeks long at the time.[6] Needing money to fix his truck and buy drugs, he decided to rob a local grocery store, but the attempt, made with a knife, "was thwarted by one of the employees," the state court wrote.[1]

He then decided to rob and kill Malone. According to the court, he chose her because "she lived in a secluded area" and because "she would open her home to him based on their prior trusting relationship," and he knew she kept some money in her wallet.[1] He armed himself with a metal breaker bar and a kitchen knife.[1]

### The killing

Malone had gone to bed, and Guardado knocked repeatedly to wake her and identified himself, the court wrote. When she came to the door, he said he needed to use the telephone, and when she turned to let him in, he struck her with the breaker bar.[1] By the court's account, he struck her repeatedly on the head; she raised her hands in defense and fell to the living room floor. When she did not die from the blows, he stabbed her several times and cut her throat.[1] In his statement, as quoted by the court, he said he stabbed her "including to the heart, so it would be over," and that "it just seemed not to go that way, she would not die."[1]

The medical examiner documented at least 12 abrasions, contusions and lacerations to the head, neck and face, bleeding beneath the scalp and on the brain, at least two incised wounds to the neck, and five stab wounds to the chest. She also had a fractured finger and cuts to her right hand, which the medical examiner found consistent with defending herself against the bar and grabbing at the knife.[1] The court found that the evidence showed she was conscious at least until the stab wound to her heart.[1]

Guardado then searched her bedroom for money and valuables and took her jewelry box, briefcase, purse and cell phone, the court wrote.[1]

### The confession and the plea

According to the federal appeals court, her brother found her body, and investigators soon focused on Guardado. The Niceville Police Department told the Walton County Sheriff's Office that Guardado wanted to speak with them. He talked with a lawyer, who advised against it, and then confessed after receiving Miranda warnings on Sept. 21, 2004.[6] Investigators later recovered items he had discarded and the burned remains of others, the court wrote.[6] The Florida Supreme Court noted that he fully cooperated with law enforcement and helped officers recover evidence.[1]

He was indicted in Walton County for first-degree murder and robbery with a weapon.[1][12] On Oct. 19, 2004, he pleaded guilty to both counts without a plea agreement.[1][6] When asked whether he had planned to kill Malone, he answered, "Yes, and get the money," the court wrote.[1]

### The penalty phase

A jury heard penalty-phase evidence from Sept. 12 to 15, 2005.[1] Guardado testified and, in the court's words, essentially admitted his guilt.[1] A clinical psychologist, Dr. James Larson, testified for the defense; according to the later postconviction opinion, the court found from his testimony that Guardado was not a psychopath and had no mental illness or major emotional disorder.[2] On Sept. 15, 2005, the jury recommended death by a vote of 12 to 0.[1][9][3]

Guardado waived a further sentencing hearing before the judge, known as a Spencer hearing. The state asked for one, and the court held it on Sept. 30, 2005.[1] At that hearing he asked to discharge his lawyers; the Florida Supreme Court later held that his complaints were general and that the judge did not have to inquire further.[1] On Oct. 13, 2005, the judge sentenced him to death for the murder and to 30 consecutive years for the robbery.[1]

### Why the court chose death

The judge found five aggravating circumstances, listed in full below: that Guardado was under sentence of imprisonment, on conditional release; that he had prior convictions for violent felonies; that the murder was committed during a robbery with a weapon; that it was especially heinous, atrocious or cruel; and that it was cold, calculated and premeditated.[1][10]

For the heinous, atrocious or cruel finding, the trial court wrote that "this murder was indeed a conscienceless, pitiless crime, which was unnecessarily torturous to the victim," and noted that Guardado was "mindful of his previous prison job slaughtering cattle" when he cut her throat.[1] The Florida Supreme Court upheld the finding, writing that "the victim did not lose consciousness quickly after the initial blows to her head" and that her defensive wounds showed she was conscious until the fatal wound.[1] It upheld the cold, calculated and premeditated finding based on his choice of victim, his arming himself in advance and his motive of money for drugs and his truck, and found "no evidence" that his drug use impaired his ability to plan.[1]

The judge found no statutory mitigating circumstances; Guardado did not ask for any.[1] The judge found 19 nonstatutory mitigating circumstances. Four received great weight: that he pleaded guilty without a bargain, that he fully accepted responsibility, that he fully cooperated with law enforcement, and that he consistently showed remorse.[1] Others, given lesser weight, included his cocaine addiction, his family's support, his childhood experiences, his good jail record and his work in prison as a plumber and in wastewater treatment.[1]

### The direct appeal

On appeal, Guardado challenged the denial of his request to discharge counsel, the heinous-atrocious-or-cruel and cold-calculated-and-premeditated findings and jury instructions, and the constitutionality of Florida's death-sentencing scheme under *Ring v. Arizona*.[1] On June 28, 2007, the Florida Supreme Court rejected each claim. It also reviewed the evidence and the proportionality of the sentence on its own, and held that the death sentence was proportionate when compared with other capital cases.[1] The U.S. Supreme Court declined review in February 2008.[9]

### Postconviction appeals

In state postconviction proceedings, Guardado argued that his trial lawyers were ineffective for failing to investigate and present more mitigating evidence and for failing to challenge three jurors.[2][6] According to the federal appeals court, one juror knew Malone from a real estate transaction and said she could be fair; one described an investigator in the case as a "close friend"; and one had relatives who had been killed in a robbery years earlier.[6] After an evidentiary hearing in November 2011, the circuit court denied relief in March 2012.[2] The Florida Supreme Court affirmed in 2015, finding that the new mitigation testimony was largely cumulative of what the jury had heard and that Guardado had not shown prejudice on either claim.[2][6]

After the U.S. Supreme Court's 2016 decision in *Hurst v. Florida*, Guardado argued that his death sentence was unconstitutional because a jury had not made the required findings. On May 11, 2017, the Florida Supreme Court agreed that *Hurst* applied to his case but held that the error was harmless beyond a reasonable doubt because the jury's recommendation was unanimous. Justice Peggy Quince dissented.[3] The court later affirmed the denial of a successive postconviction motion raising similar claims.[4] On April 2, 2018, the U.S. Supreme Court declined review. Justice Sotomayor dissented, writing that the Florida Supreme Court had "(again) failed to address an important and substantial Eighth Amendment challenge" based on jurors having been told their recommendations were advisory.[5]

### Federal habeas

A federal district court denied Guardado's petition for habeas relief, and on Aug. 12, 2024, a three-judge panel of the 11th Circuit affirmed.[6] The panel found the new lay testimony cumulative, noting that "no prejudice can result from the exclusion of cumulative evidence," and that the postconviction experts' testimony largely mirrored Dr. Larson's.[6] It held that the Florida Supreme Court's rejection of his claims was not beyond fairminded disagreement.[6] The court denied rehearing on Oct. 9, 2024, according to his lawyers' later petition to the U.S. Supreme Court.[7] That petition, filed in February 2025, argued that the 11th Circuit's analysis of the juror claim was too narrow and that his trial lawyers never investigated his time at a juvenile facility or a reference to childhood abuse in Dr. Larson's report.[7] The Supreme Court denied the petition on June 23, 2025.[8]

### The death warrant

DeSantis signed the warrant on Oct. 5, 2026, setting the execution for Nov. 5 at Florida State Prison.[11][13] The News Service of Florida reported that it was a record 20th death warrant for DeSantis in 2026 and his second within a week.[14] The warrant states that "it has been determined that executive clemency is not appropriate."[13] Shortly before the warrant was signed, his lawyers filed a federal lawsuit in the Middle District of Florida challenging the state's lethal injection protocol, according to Tracking Florida's Death Penalty.[16] *The sources reviewed do not report any ruling in that suit.*

### Warrant-period litigation

The Florida Supreme Court set a compressed schedule for the warrant litigation: circuit court proceedings to be completed by noon on Oct. 19, a notice of appeal due that afternoon, and briefs due Oct. 22, 23 and 24.[16] On Oct. 19, his lawyers appealed to the Florida Supreme Court from the circuit court's final order denying his motions to vacate his judgment and death sentence, WMBB reported.[17] According to WMBB, his lawyers argue that his trial lawyer was ineffective, including by failing to object to the dismissal of potential jurors, and they have asked the Florida Supreme Court to stay the execution.[19] *The sources reviewed do not give the date of the circuit court's order, the judge who signed it, or its reasoning. As of Oct. 26, 2026, they report no ruling by the Florida Supreme Court on the appeal or the stay request, and no filing in the U.S. Supreme Court.*

Floridians for Alternatives to the Death Penalty, an advocacy group, has asked DeSantis and the Board of Executive Clemency to commute his sentence to life without parole.[21] *The sources reviewed contain no statement from Malone's family or from prosecutors about the warrant.*

## Personal backstory

### Early life

Guardado was born in June 1962.[9] The sentencing judge's mitigation findings, as recounted by the Florida Supreme Court, included that his biological father died before he could form lasting memories of him, that a sibling died a crib death when he was a child, that he was sexually molested by a neighbor as a child, and that he had a loving relationship with his mother and a stepfather he respected.[1][2] His mother testified at the postconviction hearing that a brother and his father died while he was young.[2] His lawyers have said the trial record showed he was confined as a juvenile at the Dozier School for Boys, a period they say his trial lawyers never investigated.[7] *The sources reviewed do not say where he grew up.*

### Substance use

The trial court found that Guardado had a long history of using marijuana, Quaaludes, alcohol and cocaine beginning in his early teens, and that he entered treatment around age 14 or 15.[2] It gave some weight to his cocaine addiction as mitigation.[1] His mother testified that his "drug addiction and his inability to cope with life outside of prison" led to the murder.[2] An addiction specialist who testified in postconviction proceedings said he was "completely under the control of the[] drugs," according to the 11th Circuit.[6]

### Mental health

Dr. Larson, the defense psychologist at trial, found that Guardado was not a psychopath, and the trial court found that he had no mental illness or major emotional disorder.[2][6] The court treated his not being a psychopath, and so not dangerous in prison, as mitigation.[1] Experts called in postconviction proceedings disagreed with Dr. Larson mainly on labels, the 11th Circuit wrote.[6]

### Life before the crime

Before the murder, Guardado had been convicted of robbery offenses in 1984, 1990 and 1991.[1][6] In prison he worked as a plumber and in wastewater treatment, and a retired prison officer recalled at the postconviction hearing that he worked off prison grounds at a wastewater plant.[1][2] According to the 11th Circuit, he was released on conditional release about a year and a half before the murder.[6] After his release he worked at a water treatment plant, a job Malone had helped him with.[1]

### Life on death row

Guardado has been on Florida's death row since October 2005.[1][9] He is 64.[11] The trial court credited his consistent remorse and his acceptance of responsibility for the crime.[1] In a clemency letter published by Floridians for Alternatives to the Death Penalty, Guardado wrote: "I can offer no excuses for what I did, only my sincerest apologies and regrets."[20] *The sources reviewed do not give the letter's date and contain no other information about his life on death row.*

## Aggravating circumstances found

- Fla. Stat. § 921.141(5)(a) (2005), now § 921.141(6)(a): "The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation." The trial court found that Guardado was on conditional release supervision at the time.
- Fla. Stat. § 921.141(5)(b) (2005), now § 921.141(6)(b): "The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person." The trial court relied on robbery convictions from 1984, 1990 and 1991 and an attempted robbery conviction from 2005.
- Fla. Stat. § 921.141(5)(d) (2005), now § 921.141(6)(d): "The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of . . . robbery." The trial court found that the murder was committed during a robbery with a weapon.
- Fla. Stat. § 921.141(5)(h) (2005), now § 921.141(6)(h): "The capital felony was especially heinous, atrocious, or cruel."
- Fla. Stat. § 921.141(5)(i) (2005), now § 921.141(6)(i): "The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification."

## Where the parties stand

- State: The governor's warrant states that "it has been determined that executive clemency is not appropriate."[13] *No other statement from state officials about the warrant in the sources reviewed through Oct. 26, 2026.*
- Defense: In the warrant-period appeal, his lawyers argue that his trial lawyer was ineffective, including by failing to object to the dismissal of potential jurors, and they have asked the Florida Supreme Court for a stay.[19] In a clemency letter published by Floridians for Alternatives to the Death Penalty, Guardado wrote: "I can offer no excuses for what I did, only my sincerest apologies and regrets."[20] In earlier appeals his lawyers argued that his trial lawyers failed to investigate and present mitigating evidence and failed to challenge three jurors, claims the state and federal courts rejected.[2][6][7]
- Victim's family: *No statement in the sources reviewed through Oct. 26, 2026.*

## Timeline

- Sept. 13, 2004: Jackie Malone is killed in her Walton County home.[1][11]
- Sept. 21, 2004: Guardado confesses to Walton County investigators after receiving Miranda warnings.[6]
- Oct. 19, 2004: He pleads guilty to first-degree murder and robbery with a weapon.[1]
- Sept. 15, 2005: A penalty-phase jury unanimously recommends death.[1][9]
- Oct. 13, 2005: He is sentenced to death.[1]
- June 28, 2007: The Florida Supreme Court affirms the convictions and death sentence.[1]
- Feb. 19, 2008: The U.S. Supreme Court denies review.[9]
- Nov. 21, 2011: A Walton County circuit court holds an evidentiary hearing on his postconviction claims; it denies relief in March 2012.[2]
- 2015: The Florida Supreme Court affirms the denial of postconviction relief.[2]
- May 11, 2017: The Florida Supreme Court holds that the Hurst error in his sentencing was harmless because the jury's recommendation was unanimous.[3]
- Apr. 2, 2018: The U.S. Supreme Court denies review; Justice Sonia Sotomayor dissents.[5]
- Aug. 12, 2024: The 11th Circuit affirms the denial of federal habeas relief.[6]
- June 23, 2025: The U.S. Supreme Court denies review of the 11th Circuit's decision.[8]
- Oct. 5, 2026: DeSantis signs a death warrant setting execution for Nov. 5.[11][13]
- Oct. 19, 2026: His lawyers appeal to the Florida Supreme Court from a circuit court order denying his motions to vacate his judgment and death sentence.[17]
- Oct. 22, 2026: WMBB reports that his lawyers have asked the Florida Supreme Court for a stay of execution.[19]
- Nov. 5, 2026: Scheduled execution at Florida State Prison.[11]

## What happens next

Guardado is scheduled to be executed on Nov. 5, 2026, at Florida State Prison.[11] The Florida Supreme Court's scheduling order set the last brief in his warrant appeal for Oct. 24; as of Oct. 26, the sources reviewed report no ruling on the appeal or the stay request.[16][19] *The sources reviewed show no filing in the U.S. Supreme Court since the warrant was signed, and no clemency proceeding beyond the warrant's statement that clemency is not appropriate.* An advocacy group, Floridians for Alternatives to the Death Penalty, has petitioned DeSantis and the Board of Executive Clemency to commute the sentence to life without parole.[21]

## Sources

1. [Guardado v. State, 965 So. 2d 108, No. SC05-2035](https://library.law.fsu.edu/Digital-Collections/flsupct/dockets/sc05-2035/op-sc05-2035.pdf). Florida Supreme Court, June 28, 2007. (court or official record)
2. [Guardado v. State, No. SC12-1040 (corrected opinion)](https://library.law.fsu.edu/Digital-Collections/flsupct/dockets/sc12-1040/sc12-1040c.pdf). Florida Supreme Court, 2015. (court or official record)
3. [Appendix to petition for certiorari, Guardado v. Jones, No. 17-7171 (includes Guardado v. Jones, No. SC17-389, Fla. May 11, 2017)](https://www.supremecourt.gov/DocketPDF/17/17-7171/24204/20171218112046308_Guardado_SCOTUS_Appendix%20to%20Cert%20Petition_Final.pdf). Filed in the Supreme Court of the United States, Dec. 18, 2017. (court or official record)
4. [Guardado v. State, 238 So. 3d 162](https://cite.case.law/so-3d/238/162/). Florida Supreme Court, via Caselaw Access Project. (court or official record)
5. [Guardado v. Jones, No. 17-7171 (Sotomayor, J., dissenting from denial of certiorari)](https://www.supremecourt.gov/opinions/17pdf/17-7171_8mjp.pdf). Supreme Court of the United States, Apr. 2, 2018. (court or official record)
6. [Guardado v. Secretary, Florida Department of Corrections, No. 22-10957](https://media.ca11.uscourts.gov/opinions/pub/files/202210957.pdf). U.S. Court of Appeals for the Eleventh Circuit, Aug. 12, 2024. (court or official record)
7. [Petition for a writ of certiorari, Guardado v. Dixon, No. 24-6549](https://www.supremecourt.gov/DocketPDF/24/24-6549/342002/20250205111909271_GUARDADO%20CERT%20PETITION.pdf). Filed in the Supreme Court of the United States by Guardado's lawyers, Feb. 5, 2025. (court or official record)
8. [Docket, Guardado v. Dixon, No. 24-6549 (petition denied June 23, 2025)](https://www.supremecourt.gov/docket/docketfiles/html/public/24-6549.html). Supreme Court of the United States. (court or official record)
9. [Inmate details: Jesse Guardado, DC #324342](https://www.leg.state.fl.us/capitalcases/inmatedetails8805.html?IID=215). Florida Legislature, Commission on Capital Cases (archived; last updated 2010). (court or official record)
10. [Florida Statutes § 921.141 (2005)](https://www.flsenate.gov/Laws/Statutes/2005/921.141). The Florida Senate. (court or official record)
11. [DeSantis signs warrant for record 20th execution in Florida this year](https://www.wusf.org/courts-law/2026-10-05/desantis-signs-warrant-for-record-20th-execution-in-florida-this-year). News Service of Florida, via WUSF, Oct. 5, 2026. (news report)
12. [Florida continues to lead nation in executions this year as DeSantis signs latest death warrant](https://www.mysuncoast.com/2026/10/05/florida-continues-lead-nation-executions-this-year-desantis-signs-latest-death-warrant/). WCTV Florida Capital Bureau, via WWSB ABC7 Sarasota, Oct. 5, 2026. (news report)
13. [DeSantis signs warrant for record 20th execution of year](https://www.nbcmiami.com/news/local/desantis-signs-warrant-for-record-20th-execution-of-year/3869042/). News Service of Florida, via NBC 6 South Florida, Oct. 6, 2026. (news report)
14. [DeSantis signs record 20th death warrant this year for man convicted of killing woman in 2004](https://www.news4jax.com/news/local/2026/10/06/desantis-signs-record-20th-death-warrant-this-year-for-man-convicted-of-killing-woman-in-2004/). News Service of Florida, via News4JAX, Oct. 6, 2026. (news report)
15. [DeSantis signs 20th death warrant putting Florida on track to set execution record](https://www.fox13news.com/news/desantis-signs-20th-death-warrant-putting-florida-track-execution-record). FOX 13 Tampa Bay, with the News Service of Florida, Oct. 6, 2026. (news report)
16. [NEW WARRANT: Jesse Guardado's Execution Scheduled November 5](https://fladeathpenalty.substack.com/p/new-warrant-jesse-guardados-execution). Tracking Florida's Death Penalty (Melanie Verdecia), Oct. 5, 2026. (news report)
17. [Jesse Guardado lawyers file Florida Supreme Court appeal](https://www.mypanhandle.com/news/jesse-guardado-lawyers-file-florida-supreme-court-appeal/). WMBB News 13 (Tom Lewis), Oct. 19, 2026. (news report)
18. [Florida is set to carry out 18th execution this year and moving closer to tying record](https://www.clickorlando.com/news/2026/10/20/florida-is-set-to-carry-out-18th-execution-this-year-and-moving-closer-to-tying-record/). Associated Press (David Fischer), via WKMG News 6, Oct. 20, 2026. (news report)
19. [Walton County man files appeal ahead of death sentence](https://www.yahoo.com/news/us/articles/walton-county-man-files-appeal-231714821.html). WMBB News 13 (Tom Lewis), via Yahoo News, Oct. 22, 2026. (news report)
20. [Jesse Guardado: Overview](https://www.fadp.org/jesse-guardado-overview/). Floridians for Alternatives to the Death Penalty (advocacy group). (news report)
21. [Stop the Execution of Jesse Guardado in Florida](https://actionnetwork.org/petitions/8cd7306b7070912c4d1eb4b29e1b00c53338faa3). Floridians for Alternatives to the Death Penalty (advocacy group), via Action Network. (news report)