The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
MCCOY, Richard Lee (B/M)
AKA: Jamil Rashid
DC# 099752
DOB: 01/18/66
Fourth Judicial Circuit, Duval County Case# 00-8117 CFA
Sentencing Judge: The Honorable Peter L. Dearing
Attorney, Trial: Alan Chipperfield – Assistant PublicDefender
Attorney, Direct Appeal: Lester Makofka – Private
Attorney, Collateral Appeals: David Collins – Private
Date of Offense: 06/13/00
Date of Sentence: 08/09/01
Circumstances of Offense:
On the morning of 06/13/00, store clerk Shervie Ann Elliotwas murdered during a robbery of her workplace, ABC Liquors. Elliot wasshot in the abdomen, neck and face. Fingerprints found on the ABCLiquors’ money pouch belonged to Richard McCoy. The video surveillancetape also showed McCoy was involved in the robbery and murder.
On 06/19/00, ABC Liquors advertised a $10,000 reward forinformation regarding the robbery and murder. Zsa Zsa Marcel, the motherof McCoy’s baby, responded to the advertisement. Marcel gave police adetailed description of McCoy’s confession of robbing ABC Liquors and themurder of Elliot. Marcel agreed to have a conversation with McCoy aboutABC Liquors while wearing a police recording device. During the recordedconversation, McCoy confirmed his involvement in the murder and robbery. When questioned by police, McCoy, however, denied committing the murder ofElliot and robbery of ABC Liquors. McCoy claims to have been at home withhis girlfriend on the morning of the offense. His girlfriend and neighborboth uphold McCoy’s claim.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 07/19/85 | ROBB. GUN/DEADLY WPN | 10/21/85 | DUVAL | 8507670 | 4Y 6M 0D |
| 07/19/85 | ROBB. GUN/DEADLY WPN | 10/21/85 | DUVAL | 850767 | 4Y 6M 0D |
| 02/05/89 | ROBB. GUN/DEADLY WPN (ATTEMPTED) | 05/26/89 | DUVAL | 8903799 | 15Y 0M 0D |
Trial Summary:
04/05/01 Indicted as follows:
Count I: First-Degree Murder
Count II: Armed Robbery
05/29/01 Jury returned guilty verdicts on all counts of the indictment
06/29/01 Jury recommended death by a vote of 7-5
08/09/01 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Robbery – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 01-2113
853 So.2d 396
09/21/01 Appeal filed
08/21/03 Conviction and sentence affirmed
09/11/03 Mandate issued
State Circuit Court – 3.851 Motion
CC# 00-8117 CFA
06/23/04 Motion filed
08/10/04 Amended
03/01/05 Second Amended
12/16/05 Third Amended
04/20/06 Fourth Amended
04/26/06 Fourth Amended Motion stricken and case is to proceed on Second Amended Motion.
10/19/10 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 10-2206
(Pending)
11/10/10 Appeal filed
Case Information:
On 09/21/01, McCoy filed a Direct Appeal to the FloridaSupreme Court. McCoy contended that error occurred in allowing the courtto hear and read the tape-recorded conversation with Marcel and in allowing Marcelto testify as well as restricting defense’s cross-examination of Marcel. McCoy argued that error also occurred in denying his motion for acquittal andbasing his sentence of death on the aggravating factor of cold, calculated andpremeditated murder. McCoy’s final argument was the unconstitutionality of thedeath penalty. On 08/21/03, the Florida Supreme Court affirmedMcCoy’s conviction and sentence.
A 3.850 Motion was filed to the Circuit Court on06/23/04. The motion was amended three times on 08/10/04, 03/01/05, and12/16/05. On 04/20/06, the motion was amended for the fourth time andwas, subsequently, stricken on 04/26/06. The case will proceed on theSecond Amended Motion. The motion was denied on 10/19/10.
McCoy filed a 3.851 Appeal in the Florida Supreme Court on11/10/10. This appeal is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
08/06/89 0 DISORDERLY CONDUCT GLADES C. I.
02/26/90 15 DISOBEYING ORDER GLADES C. I.
07/12/90 153 POSS OFWEAPONS GLADES C. I.
11/04/90 30 FIGHTING GLADES C. I.
01/28/94 60 LYING TO STAFF LAWTEY C. I.
02/26/94 0 VISITINGVIOLATIONS LAWTEY C. I.
06/29/95 0 UNAUTHORIZED ABSENCE LAWTEYC. I.
08/29/95 30 BEING IN UNAUTH AREA LAWTEY C. I.
01/16/96 0 DISOBEYING ORDER LAWTEY C. I.
12/22/96 0 FIGHTING LAWTEY C. I.
12/21/97 30 TELEPHONEVIOLATIONS R.M.C.-MAIN UNIT
05/02/05 30 FIGHTING UNION C.I.
________________________________________________________________________
Report Date: 10/15/04 DDK
Approved: 10/15/04 JFL
Updated: 12/02/10 EMJ