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.
England, Richard (H/M)
DC# 115574
DOB: 08/29/71
Seventh Judicial Circuit, Volusia County Case # 03-35769
Sentencing Judge: The Honorable S. James Foxman
Attorney, Trial: Gerard Keating-Court Appointed
Attorney, Direct Appeal: Todd Scher-Private
Attorney, Collateral Appeals: Richard Kiley-CCRC-M
Date of Offense: 06/25/01
Date of Sentence: 07/23/04
Circumstances of Offense:
On 07/02/01, 71-year-old Howard Wetherell was alone in his Daytona Beach condominium, when he encountered Richard England and his companion, Michael Jackson. Jackson had been living with Wetherell, trading sex for money and a place to stay.
In Wetherell’s upstairs bedroom, England used a fire poker to repeatedly beat Wetherell who later died of a cervical spine fracture resulting in suffocation due to a paralyzed diaphragm. This same night, England and Jackson stole Wetherell’s antique guns, jewelry, silver and Wetherell’s green Mercury Sable car. The two fled to Orlando, Florida, employing Reynaldo DeLeon, a friend of England’s, to fence the stolen items.
Several days after the murder, Jackson was arrested after wrecking the stolen car in Walton County and soon implicated England in the murder. England, taken into custody on an unrelated violation of probation charge, was later charged with Wetherell’s murder. At the trial, witnesses testified that England claimed Wetherell was a pervert who deserved to be killed for having sexual relations with a young man. England also made inculpatory statements to DeLeon claiming responsibility for the murder.
DNA on cigarette butts linked the two offenders to the scene, but investigations were stalled due to a white powdery substance that, according to crime scene investigators, had been sprayed to destroy evidence that may have been left. Handwriting analysis also linked England to a photograph recovered from the crime scene with the words “Pervert, f—k with us” with an arrow pointing to the victim.
Codefendant Information:
Michael Jackson was convicted of second-degree murder and is currently serving a life sentence.
Reynaldo DeLeon was charged with multiple felony charges and sentenced to 18 years.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
|
|
11/08/1987 |
2ND DEG.MURD,DANGEROUS ACT |
02/21/1989 |
VOLUSIA |
8706737 |
22Y 0M 0D |
|
|
|
11/08/1987 |
GRAND THEFT MOTOR VEHICLE |
02/21/1989 |
VOLUSIA |
8706737 |
5Y 0M 0D |
|
|
|
07/23/1988 |
CRIMINAL MISCHIEF/PROP.DAMAGE |
02/21/1989 |
VOLUSIA |
8805715 |
5Y 0M 0D |
|
|
|
11/08/1987 |
2ND DEG.MURD,DANGEROUS ACT |
05/02/2002 |
VOLUSIA |
8706737 |
25Y 0M 0D |
|
|
|
08/02/2001 |
ESCAPE |
05/02/2002 |
VOLUSIA |
0134221 |
2Y 8M 27D |
|
|
Prior Community Supervision History:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
|
|
11/08/1987 |
2ND DEG.MURD,DANGEROUS ACT |
02/21/1989 |
VOLUSIA |
8706737 |
25Y 0M 0D |
|
|
Trial Summary:
11/06/03 Indicted as follows:
Count I: First-Degree murder
Count II: Armed Robbery
05/24/04 Jury returned guilty verdicts on all counts of the indictment
05/27/04 Jury recommended death by a vote of 8-4
07/23/04 Sentenced as follows:
Count I: First-Degree murder – Death
Count II: Armed Robbery – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 04-1521
940 So.2d 389
08/02/04 Appeal filed
05/25/06 FSC affirmed convictions and sentences
09/26/06 Rehearing denied
10/16/06 Mandate issued
US Supreme Court- Petition for Writ of Certiorari
USSC# 06-9175
127 U.S. 1916
01/26/07 Petition filed
04/02/07 Petition denied
State Circuit Court – 3.851 Motion
CC# 03-35769
02/01/08 Motion filed
Case Information:
On 08/24/04, England filed a direct appeal in the Florida Supreme Court, raising 14 issues involving possible errors with the trial itself. The FSC affirmed both the convictions and death sentence imposed on England. A motion for rehearing was denied on 09/26/06 and a mandate was issued on 10/16/06.
A Petition for a Writ of Certiorari to the United States Supreme Court was filed on 01/26/07 and denied on 04/02/07.
England filed a 3.851 Motion in the state circuit court on 02/01/08. This petition is pending.
________________________________________________________________________
Report Date: 07/16/07 ML
Approved: 04/24/09 KLH