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.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
HenyardRichard 225727CCRC-MCase Summary

Last Action

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

Current Attorney


Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical 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 – AssistantPublic Defender

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


Date of Offense:          01/30/93

Date of Sentence:        08/19/94



Circumstances of the Offense:


One day in January of 1993, RichardHenyard 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-timeacquaintance, Dikeysha Johnson, when he was in Eustis, Florida.  That sameevening, Henyard showed the gun to Shenise Hayes and told her of his plan tosteal a car, kill the owner, and put the victim in the trunk in order for himto have transportation to an Orlando nightclub and to visit his father in SouthFlorida.


Henyard tried to persuade William Pew to participate in therobbery when he saw him the last week in January.  Pew saw Henyard laterthat 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 daughtersarrived 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 ona 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 daughtersin the front passenger seat.  As Lewis crossed the rear of the car to getto the driver’s side, she noticed Alfonza Smalls approaching her.  AsSmalls neared, he revealed a gun tucked into his waistband.  Lewis and herdaughters were ordered into the back of the car as Smalls and Henyard enteredthe front.  The Lewis car left town with Henyard driving and Smallsissuing directions.  Prior to the abduction of Lewis and her daughters, afemale witness observed Henyard and Smalls loitering outside of the Winn-Dixie.


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


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


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


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


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



Codefendant Information:


Alfonza Smalls was sentenced to eight consecutive lifesentences 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 whilearmed          

                                   Count II:           Kidnappingwhile armed 

                                   Count III:         Kidnapping while armed

                                   Count IV:         Sexual Battery whilearmed 

                                   Count VI:         Attempted First-DegreeMurder 

                                  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- lifesentence              

                                   Count II:          Kidnapping while armed –life sentence

                                   Count III:        Kidnapping while armed – lifesentence

                                   Count IV:        Sexual Battery while armed – lifesentence

                                   Count VI:        Attempted First-Degree Murder – lifesentence

                                  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


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 HabeasCorpus

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 forWrit 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 CivilRights 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.





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 inImposition of Sentence:


The case progression appears to be within acceptable timeparameters. 



Case Information:


A Direct Appeal was filed with the Florida Supreme Court on09/06/94. The Florida Supreme Court considered a nonstatutory mitigating factorand accorded “little weight” to the fact that the defendant functions is of lowintelligence and functions at the emotional level of a 13-year-old. Issues that were raised included whether the trial court erred in not grantingHenyard’s motion for a change in venue; whether the trial court erred when itgranted the state’s challenge for cause of one prospective juror; and whetherthe trial court erred in denying the motions to suppress his statement to thepolice because the interrogating officers failed to honor Henyard’s request tocease questioning in violation of his right to remain silent.  The FloridaSupreme Court found all of the claims either without merit or harmless andaffirmed 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 08/05/98and was denied on 12/16/98. 


A 3.850 Motion Appeal was filed with the Florida SupremeCourt on 01/25/99 and was voluntarily dismissed on 06/07/99.  Issues thatwere raised included whether counsel provided ineffective assistance duringboth the guilt phase and the penalty phase. The Florida Supreme Court subsequentlydenied all the claims.


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


A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 12/05/02, citing allegations of ineffective assistanceof counsel, Ring violations, and incompetency.  The FSC denied thePetition 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 04/14/05and amended on 05/05/05.  On 06/21/05, the motion was denied. 


A 3.851 Motion Appeal was filed with the Florida SupremeCourt 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 withthe U.S. Court of Appeals, 11th Circuit on 09/02/05.  On09/21/07, 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 theCircuit Court that was denied on 01/10/08.


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


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


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


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


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


On 09/18/08, Henyard filed a Civil Rights Complaint with theUnited States District Court, claiming the administrators of the lethalinjection procedure are not adequately trained. This petition was denied on09/23/08.  Henyard filed an appeal with the U.S. Court of Appeals that wasdenied 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