Man who as teen burned shopkeeper alive seeks life sentence reduction

WEST PALM BEACHNo one disagrees that the 1984 murder Kevin Nelms committedsetting a West Palm Beach pawnshop clerk on firewas horrific.

Even his own lawyers on Wednesday acknowledged that 59-year-old clerk Robert Hansen Jr. died in unspeakable agony after Nelms tossed a Molotov cocktail into the 505 Swap Shop on 15th Street in a botched robbery attempt.

"The facts of this case, no question, are horrendous," Palm Beach County Public Defender Carey Haughwout told Circuit Judge Charles Burton.

Rather than focusing on Hansen's needless suffering, Haughwout asked Burton to recognize Nelms' efforts to redeem himself during the 36 years he has spent in prison, see he is no threat to society and order that he be released.

"The Kevin Nelms who sits here today, 36 years later, is not the same person he was at 16 when he committed the crime," she said of her 53-year-old client with a graying beard who sat silently nearby.

The hearing is the second time in three years Nelms, his family and Hansen's relativessome who are pushing for Nelms' releasehave gathered before Burton.

In 2017, after hearing battle-tested paramedics tearfully testify that Hansen was in such pain that he begged them to shoot him, Burton reaffirmed Nelms' life sentence.

But, the question facing Burton this time is different.

Instead of simply considering the vicious nature of the crime, Burton is required by Florida law to consider whether Nelms has been rehabilitated, whether he has shown remorse and whether he is equipped to live outside prison walls.

Because Nelms was a juvenile when he killed Hansen, he was entitled first to be resentenced and then to have his sentence reviewed.

The law, allowing juveniles to have their sentences reviewed after 25 years, was passed after the U.S. Supreme Court in 2010 and 2012 ruled that it was unconstitutional to sentence juveniles to life with no chance for parole. Florida abolished parole in the 1980s.

Leslie Church, who was 13 when her step-grandfather died, said Nelms has earned his freedom.

"His remorse has been steadfast for a long period of time," said Church, an optometrist who lives in the Tampa area. "Kevin's age and immaturity, coupled with the fact that he was on drugs, influenced his decision-making on that fateful day in 1984."

Her mother, Linda Church, echoed those sentiments. By getting his high school diploma, taking various vocational classes and serving as a mentor to younger inmates, he has proven he is "worthy to rejoin society," she said in a letter that her daughter read to Burton

But, two other family membersHansen's 69-year-old daughter and 39-year-old granddaughterdisagreed. They emphasized that they were Hansen's biological relatives.

Nelms, they said, isn't remorseful. He just wants out of prison, they said. They said they want finality.

"How many times do we have to come here?" asked Sarah Sotelo, who was 2 when her grandfather died.

She recalled her mixed emotions when she learned that Ontra Jones, who was Nelms' accomplice, died in prison in November.

"It's a very, very odd feeling to get a notification that someone has passed away and feeling joy," Sotelo said. "I don't know if it's joy or relief to know he's no longer going to be released into society."

She said she hopes Nelms leaves prison in the same way Jones did: dead.

Assistant State Attorney Terri Skiles also urged Burton to keep Nelms behind bars. She decried the heinous nature of the crime, describing Hansen's gruesome injuries and reminding Burton that Hansen lingered in excruciating pain for days before he died.

But, Burton seemed unimpressed. "Tell me about a happy murder," he said.

Haughwout agreed that all murders are heinous. Data shows that the recidivism rate for convicted murderers who are released is less than 1 percent, she said.

Since the Supreme Court decisions, at least 10 men convicted of horrific Palm Beach County crimes, including murder, have been released. None has been arrested.

Nelms, she said, has been a model prisoner. He's taken classes to learn how to be a fork lift operator, work in a warehouse, do masonry and learned other skills to prepare him to live outside prison.

He has never been disciplined for a violent offense and hasn't been in trouble in more than 10 years.

"What else could he do to satisfy what the legislature said a youthful offender can do to get redemption no matter how horrific the crimes were?" Haughwout asked.

Burton said he would make a decision soon.

jmusgrave@pbpost.com

@pbpcourts

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