The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

EVANS, Wydell J. (B/M)

DC# 113416

DOB: 05/19/70

Eighteenth Judicial Circuit, Brevard County Case # 98-25245

Sentencing Judge: The Honorable Jere Lober

Attorney, Trial: Kenneth Studstill – Private

Attorney, Direct Appeal: Michael Becker – Assistant Public Defender

Attorney, Collateral Appeals: Richard Kiley & James Viggiano – CCRC-M

Date of Offense: 10/21/98

Date of Sentence: 02/15/00

Circumstances of Offense:

On 10/21/98, two days after being released from prison, Wydell Evans was riding in a car with Angel Johnson, his brother’s 17-year-old girlfriend, Erica Foster, Sammy Hogan, and Lino Odenat. Evans was having an argument with Johnson over her alleged unfaithfulness to Evans’ brother. At some point during the argument, Johnson laughed, to which Evans responded, “You think it’s funny? You think it’s funny?” He then pulled a gun and shot Johnson in the chest. After the shooting, Odenat tried to exit the vehicle, but Evans told him to get back in the car. Evans threatened Foster and Hogan not to tell who shot Johnson or he would kill them and their families, before exiting the vehicle.

Foster and Hogan rushed Johnson to the hospital, but she later died of her wounds. At the hospital, Foster and Hogan were questioned by police, and told police that Johnson was shot during a drug deal by a white man driving a cream-colored car. They later changed their story and reluctantly identified Evans as the shooter.

Prior Incarceration and Community Supervision History in the State of Florida:

Prior Prison History:
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
03/03/1988	AGG BATTERY/W/DEADLY WEAPON	08/19/1988	BREVARD	8801716	2Y 0M 0D
03/03/1988	AGG BATTERY INTENDED HARM	11/15/1989	BREVARD	8801716	2Y 6M 0D
04/25/1989	COCAINE-POSSESS	11/15/1989	BREVARD	8905896	2Y 6M 0D
12/16/1990	AGG BATTERY/W/DEADLY WEAPON	07/11/1991	BREVARD	9022119	3Y 6M 0D
03/22/1991	AGG BATTERY/W/DEADLY WEAPON	07/11/1991	BREVARD	9104708	1Y 6M 0D

Prior Community Supervision History:
Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
03/03/1988	AGG BATTERY/W/DEADLY WEAPON	08/19/1988	BREVARD	8801716	4Y 0M 0D
03/03/1988	AGG BATTERY INTENDED HARM	08/18/1988	BREVARD	8801716	4Y 0M 0D
06/10/1994	PRISONERS RIOT,STRIKE,MUTINY	12/01/1995	BREVARD	9414293	3Y 0M 0D
06/18/1996	PRISONERS RIOT,STRIKE,MUTINY	04/29/1997	BREVARD	9414293	2Y 0M 0D
09/25/1997	FELON POS.FIREARM/CON.WEAPON	10/19/1998	BREVARD	9724394	3Y 0M 0D
12/16/1990	AGG BATTERY/W/DEADLY WEAPON	07/11/1991	BREVARD	9022119	0Y 11M 12D
03/22/1991	AGG BATTERY/W/DEADLY WEAPON	07/11/1991	BREVARD	9104708	0Y 11M 12D

Trial Summary:

11/10/98 Indicted as follows:

Count I First-Degree Murder

Count II Kidnapping

Count III Aggravated Assault

Count IV Possession of a Firearm by a Convicted Felon

10/25/99 Count IV severed from the other counts of the indictment

11/01/99 Jury returned guilty verdicts on all counts of the indictment

11/03/99 Jury recommended death by a vote of 10-2

02/15/00 Sentenced as follows:

Count I First-Degree Murder – Death

Count II Kidnapping – Life Imprisonment

Count III Aggravated Assault – 9 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 00-468

838 So. 2d 1090

03/02/00 Appeal filed

11/14/02 FSC affirmed convictions and sentences

02/27/03 Rehearing denied and Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 02-10972

540 U.S. 846

05/28/03 Petition filed

10/06/03 USSC denied petition

Circuit Court – 3.851 Motion

CC# 98-25245

02/24/04 Motion filed

08/31/04 Motion amended

02/14/05 CC denied motion

Florida Supreme Court – 3.851 Motion Appeal

FSC# 05-632

946 So. 2d 1

04/14/05 Appeal filed

10/03/06 FSC affirmed denial of motion

12/19/06 Rehearing denied

01/04/07 Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-1974

946 So. 2d 1

10/26/05 Petition filed

10/03/06 FSC denied petition

01/04/07 Mandate issued

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 07-897

(Pending)

05/29/07 Petition filed

09/29/10 Petition denied with prejudice

Case Information:

Evans filed a Direct Appeal with the Florida Supreme Court on 03/02/00, citing the following errors: introduction of hearsay testimony; improper comments during State’s closing argument; denial of a judgment of acquittal; improper jury instructions for the Kidnapping charge; improper admission of Evans’ prior presentence investigation reports; and the proportionality of the death penalty in Evans’ case. On 11/14/02, the FSC affirmed the convictions and sentences.

Evans filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/28/03 that was denied on 10/06/03.

Evans filed a 3.851 Motion in the Circuit Court on 02/24/04 and amended the motion on 08/31/04. On 02/14/05, the Circuit Court denied the Motion.

Evans filed a 3.851 Motion Appeal with the Florida Supreme Court on 04/14/05, citing allegations of ineffective assistance of counsel. On 10/05/06, the FSC affirmed the denial of the motion.

Evans filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/05, citing allegations of ineffective assistance of counsel. On 10/05/06, the FSC denied the petition.

Evans filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District on 05/29/07. This petition was denied with prejudice on 09/29/10.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE DAYS VIOLATION LOCATION

05/10/00 0 SPOKEN THREATS FLORIDA STATE PRISON

_______________________________________________________________________

Report Date: 01/23/04 JFL

Approved: 02/03/04 EW

Updated: 10/26/10 JJK