The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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These actions are effective July 1, 2011.


Richard Henyard

win
Executed on 09/23/2008

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Case Summary


Executed on 09/23/2008









Last Action


DateCourtCase NumberLast Action
7/9/2008Death warrant signed by Governor Crist
9/23/2008Executed
9/23/2008USCA08-15396Denied
9/23/2008USCA08-15396Appeal
8/15/2008FSC08-1544All writs petition
9/10/2008FSC08-1544Denied
9/2/2008FSC08-16533.850 Appeal
9/10/2008FSC08-1653Denied
9/11/2008FSC08-1653Mandate
2/13/2008FSC08-2223.850 Appeal
9/10/2008FSC08-222Denied
9/18/2008USSC08-6392Certiorari petition
9/19/2008USSC08-6392Application for stay of execution
9/22/2008USSC08-6392State's response filed
9/23/2008USSC08-6392Reply
9/23/2008USSC08-6392Petition Denied
9/22/2008USDC08-903Motion to stay execution
9/23/2008USDC08-903Denied
10/18/2007CC9300159Successive 3.851 motion
1/10/2008CC9300159Motion denied
3/5/2008CC9300159Status Conference

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Case Summary


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.

 

HENYARD, Richard (B/M)

DC #    225727

DOB:   06/26/74

 

Fifth Judicial Circuit, Lake County Case # 93-159

Sentencing Judge: The Honorable Mark J. Hill

Trial Attorneys: T. Michael Johnson & Mark Nacke – Assistant Public Defenders

Attorney, Direct Appeal: Michael S. Becker – Assistant Public Defender

Attorney, Collateral Appeals: Mark Gruber & Maria Perinetti – CCRC-M

 

Date of Offense:           01/30/93

Date of Sentence:         08/19/94

 

 

Circumstances of the Offense:

 

One day in January of 1993, Richard Henyard went into the bedroom of family friend Luther Reed and took Reed’s gun. On January 29th, 18-year-old Henyard showed the gun to a long-time acquaintance, Dikeysha Johnson, when he was in Eustis, Florida.  That same evening, Henyard showed the gun to Shenise Hayes and told her of his plan to steal a car, kill the owner, and put the victim in the trunk in order for him to have transportation to an Orlando nightclub and to visit his father in South Florida.

 

Henyard tried to persuade William Pew to participate in the robbery when he saw him the last week in January.  Pew saw Henyard later that same day with Alfonza Smalls, a 14-year-old friend of Henyard’s.  Henyard showed Pew the gun and told him that in order to get the car he needed, Henyard was going to rob someone at either the Winn-Dixie or the hospital.

 

On the evening of January 30, 1993, Ms. Lewis and her daughters arrived at the Winn-Dixie. As Lewis, the eventual survivor, and her daughters, the victims, were entering the Winn-Dixie, she noticed a few people sitting on a bench near the doors.  After Lewis exited the store with Jamilya, age 7, and Jasmine, age 3, she walked to her car and proceeded to place her daughters in the front passenger seat.  As Lewis crossed the rear of the car to get to the driver’s side, she noticed Alfonza Smalls approaching her.  As Smalls neared, he revealed a gun tucked into his waistband.  Lewis and her daughters were ordered into the back of the car as Smalls and Henyard entered the front.  The Lewis car left town with Henyard driving and Smalls issuing directions.  Prior to the abduction of Lewis and her daughters, a female witness observed Henyard and Smalls loitering outside of the Winn-Dixie.

 

During the drive, Smalls repeatedly demanded that Lewis keep her daughters quiet since they were crying and upset.  Later, Henyard pulled the car over at a remote area and pulled Lewis from the car.  After Henyard forced her against the trunk and raped her, Smalls raped Ms. Lewis as well.  Henyard told her to sit on the ground and when she hesitated, he shot her in the leg and forced her to the ground.  She was also shot by Henyard three more times at close range and was wounded in the mouth, neck, and on the forehead between the eyes.  After she was unconscious, Henyard and Smalls rolled her over to the shoulder of the road.  Lewis survived and several hours later regained consciousness and went to a nearby house for help.  The occupants contacted the police and Lewis collapsed and waited for the officers to arrive.

 

As Henyard and Smalls drove away from the scene of the shooting, the Lewis girls were repeatedly asking for their mother.  Henyard pulled the car over after a short period of time had passed and removed the girls from the car.  Henyard and Smalls took the girls further off the road and killed both Jamilya and Jasmine with a single bullet to the head.  Henyard and Smalls then threw their bodies into some underbrush over a fence. 

 

Smalls, Henyard, and a third individual arrived at the home of Bryant Smith in a blue car.  Henyard proceeded to boast about raping Lewis and about her subsequent murder.  He also showed Smith the gun that was used.  Later in the evening, Henyard went by the Smalls’ residence where Colinda Smalls, Alfonza’s sister, noticed blood on hands of Henyard.  He explained the blood as a minor knife accident.  On January 31st, the next day, Henyard was driven to the Smalls’ residence by his “auntie”, Linda Miller because he said he needed to speak with Smalls. 

 

Henyard made a trip to the Eustis Police Department that same Sunday claiming to have information concerning the Lewis case.  He offered that he knew what events transpired because he was present at the scene of the crime.  Henyard’s initial story pointed to Smalls and another individual as the perpetrators; however, when an officer noticed blood spots on Henyard’s socks, he admitted to the abduction, rape, and shooting of Lewis, yet maintained that he did not shoot the Lewis girls.  The police apprehended Smalls and discovered the murder weapon after a search of his bedroom. 

 

The autopsies of the girls confirmed that they were killed by a single gunshot wound at close range and also that Jasmine’s eyes were open when she was shot.  Analysis of the blood spots indicated that Henyard was less than four feet from the victims when they were shot. 

 

 

Codefendant Information:

 

Alfonza Smalls was sentenced to eight consecutive life sentences for the abduction, rape, and murders that took place on January 30, 1993.     

 

Trial Summary:

 

02/16/93          Defendant indicted with the following:

Count I:            Kidnapping while armed          

                                    Count II:           Kidnapping while armed 

                                    Count III:         Kidnapping while armed

                                    Count IV:         Sexual Battery while armed 

                                    Count VI:         Attempted First-Degree Murder 

                                    Count VII:        Robbery with a firearm 

                                    Count VIII:       First-Degree Murder 

                                    Count IX:         First-Degree Murder 

06/03/94          Defendant was found guilty by the trial jury on all counts

06/03/94          The jury recommended Death for both counts by a vote of 12 to 0

08/19/94          Defendant was sentenced as follows:

                                    Count I:            Kidnapping while armed- life sentence              

                                    Count II:           Kidnapping while armed – life sentence

                                    Count III:         Kidnapping while armed – life sentence

                                    Count IV:         Sexual Battery while armed – life sentence

                                    Count VI:         Attempted First-Degree Murder – life sentence

                                    Count VII:        Robbery with a firearm – life sentence

                                    Count VIII:       First-Degree Murder – Death

                                    Count IX:         First-Degree Murder – Death

 

*Please note, sentences are to run consecutively

           

           

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC #84,314

689 So. 2d 239

 

09/06/94          Appeal filed.

12/19/96          FSC affirmed the convictions of First-Degree Murder and the sentences of

                        Death.

03/11/97          Rehearing denied.

04/10/97          Mandate issued.

 

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

USSC #96-9391

522 U.S. 846

 

06/09/97          Petition filed.

10/06/97          USSC denied petition.

 

 

Circuit Court – 3.850 Motion

CC #93-159

 

08/05/98          Motion filed.

12/16/98          Motion denied.

10/18/07          Successive motion.

 

Florida Supreme Court – 3.850 Appeal

FSC #94,755

733 So. 2d 515

 

01/25/99          Appeal filed.

06/07/99          Appeal dismissed.

 

Florida Supreme Court – 3.850 Appeal

FSC #02-1105

883 So. 2d 753

 

05/10/02          Appeal filed.

05/27/04          FSC affirmed the denial of the 3.850 Motion.

09/22/04          Rehearing denied.

10/22/04          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #02-2538

883 So. 2d 753

 

12/05/02          Petition filed.

05/27/04          FSC denied Petition.

09/22/04          Rehearing denied.

10/22/04          Mandate issued.

 

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

USDC# 04-621

 

12/20/04          Petition filed.

08/02/05          USDC denied Petition.

 

Circuit Court – 3.851 Motion

CC #93-159

 

04/14/05          Motion filed.

05/05/05          Motion amended.

06/21/05          CC denied Motion.

10/18/07          Successive Motion filed.

01/10/08          Motion denied.

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 05-1337

929 So. 2d 1052

 

07/27/05          Appeal filed.

04/11/06          FSC affirmed denial of motion.

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 05-15110

459 F. 3d 1217

 

09/02/05          Appeal filed.

09/21/07          USCA affirmed denial of petition.

 

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

USSC# 06-8706

127 S. Ct. 1818

 

01/02/07          Petition filed.

03/19/07          Petition denied.

 

Florida Supreme Court − 3.850 Appeal

FSC# 08-222

992 So. 2d 120

 

02/13/08          Appeal filed.

09/10/08          Appeal denied.

 

Florida Supreme Court – Petition for All Writs

FSC# 08-1544

992 So. 2d 120

 

08/15/08          Petition filed.

09/10/08          Petition denied.

 

Florida Supreme Court − 3.850 Appeal

FSC# 08-1653

992 So. 2d 120

 

09/02/08          Appeal filed.

09/10/08          Appeal denied.

 

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

USSC# 08-6392

129 S. Ct 28

 

09/18/08          Petition filed.

09/23/08          Denied.

 

U.S. District Court, Middle District – Civil Rights Complaint/Motion to Stay Execution

USDC# 08-903

 

09/22/08          Motion filed.

09/23/08          Motion denied.

 

U.S. Court of Appeals, 11th Circuit – Motion to Stay Appeal

USCA# 08-15396

543 F. 3d 644

 

09/23/08          Appeal filed.

09/23/08          Appeal denied.

 

 

Warrants

 

07/09/08          Death Warrant signed by Governor Crist.

09/23/08          Henyard executed by lethal injection at 8:16 P.M.

 

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The case progression appears to be within acceptable time parameters. 

 

 

Case Information:

 

A Direct Appeal was filed with the Florida Supreme Court on 09/06/94. The Florida Supreme Court considered a nonstatutory mitigating factor and accorded “little weight” to the fact that the defendant functions is of low intelligence and functions at the emotional level of a 13-year-old.  Issues that were raised included whether the trial court erred in not granting Henyard’s motion for a change in venue; whether the trial court erred when it granted the state’s challenge for cause of one prospective juror; and whether the trial court erred in denying the motions to suppress his statement to the police because the interrogating officers failed to honor Henyard’s request to cease questioning in violation of his right to remain silent.  The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the conviction and sentence of death on 12/19/96.

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 06/09/97 and denied on 10/06/97.

 

A 3.850 Motion was filed with the Circuit Court on 08/05/98 and was denied on 12/16/98. 

 

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 01/25/99 and was voluntarily dismissed on 06/07/99.  Issues that were raised included whether counsel provided ineffective assistance during both the guilt phase and the penalty phase. The Florida Supreme Court subsequently denied all the claims.

 

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 05/10/02, citing allegations of ineffective assistance of counsel.  The FSC affirmed the denial of the 3.850 Motion on 05/27/04.

 

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 12/05/02, citing allegations of ineffective assistance of counsel, Ring violations, and incompetency.  The FSC denied the Petition on 05/27/04.   

 

A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Middle District, on 12/20/04 that was denied on 08/02/05.

 

A 3.851 Motion was filed with the Circuit Court on 04/14/05 and amended on 05/05/05.  On 06/21/05, the motion was denied. 

 

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 07/27/05, and on 04/11/06, the FSC affirmed the denial of the motion.

 

A Petition for Writ of Habeas Corpus Appeal was filed with the U.S. Court of Appeals, 11th Circuit on 09/02/05.  On 09/21/07, the USCA affirmed the denial of the petition.

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 01/02/07 and was denied on 03/19/07.

 

On 10/18/07, Henyard filed a successive 3.851 Motion in the Circuit Court that was denied on 01/10/08.

 

On 02/13/08, Henyard filed a 3.851 Motion Appeal with the Florida Supreme Court that was denied on 09/10/08.

 

On 07/09/08, Governor Crist signed a Death Warrant for Henyard. The execution is scheduled for 09/23/08.

 

On 08/15/08, Henyard filed a 3.850 Motion Appeal with the Florida Supreme Court that was denied on 09/10/08.

 

On 09/02/08, Henyard filed a Petition to Invoke All Writs Jurisdiction with the Florida Supreme Court that was denied on 09/10/08.

 

On 09/18/08, Henyard filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 09/23/08.

 

On 09/18/08, Henyard filed a Civil Rights Complaint with the United States District Court, claiming the administrators of the lethal injection procedure are not adequately trained. This petition was denied on 09/23/08.  Henyard filed an appeal with the U.S. Court of Appeals that was denied on 09/23/08.

 

Henyard was executed via lethal injection on 09/23/08.

 

 

 

 

Report Date:     11/20/01          cc

Approved:        12/11/01          ws

Updated:          09/24/08          klh