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. 

 

WIKE, Warfield Raymond (W/M)

DC #116838

DOB: 03/07/56

 

First Judicial Circuit, Santa Rosa County, Case #88-547

Sentencing Judge: The Honorable Ben Gordon

Resentencing I Judge: The Honorable Paul Rasmussen

Resentencing II Judge: The Honorable Paul Rasmussen 

Attorney, Trial: Terry Terrell - Assistant Public Defender

Attorney, Resentencing I: Terry Terrell - Assistant Public Defender

Attorneys, Resentencing II: B.B. Boles & Henry Barksdale - Assistant Public Defenders

Attorney, Direct Appeal: W.C. McLain - Assistant Public Defender

Attorney, Direct Appeal, Resentencing I: David A. Davis - Assistant Public Defender

Attorney, Direct Appeal, Resentencing II: Chet Kaufman - Assistant Public Defender

Attorney, Collateral Appeals: Bernard Dailey, Esq. – Registry

 

Date of Offense:                                   09/22/88

Date of Sentence:                                 07/13/89

Date of Resentencing I:                         01/11/93

Date of Resentencing II:                        09/18/95

 

Circumstances of Offense:

 

Warfield Raymond “Ray” Wike was convicted and sentenced to death for the 09/22/85 murder of six-year-old Sarah Rivazfar.

 

In the early morning hours of 09/22/85, a couple driving down a rural road in Santa Rosa County noticed eight-year-old Sayeh Rivazfar alongside the road, waving her hand and clutching her throat.  Upon seeing that Sayeh’s throat had been cut, the couple immediately drove her to a nearby store for help.  While driving, Sayeh told the couple that a man named “Ray” abducted her and her six-year-old sister Sarah while they slept in their beds.  Wike abducted the two girls from their home without their mother, who had dated Wike at one time, ever being aware of it.  Wike took both the girls deep into the woods where he cut both girls’ throats and raped Sayeh.  Sarah died from the injuries she sustained, but Sayeh managed to stumble out to the roadside to flag down help.

 

After Sayeh was found, a search began for Sarah.  Her body was found about 75 feet from where Sayeh was picked up.  Investigators found footprints, tire tracks, shirt material and bloodstains at the scene. 

 

After interviewing Sayeh and her mother, investigators determined that Warfield “Ray” Wike was a suspect.  Investigators immediately went over to the Wike residence.  Parked in front of the house was an older model Dodge that matched the description given by Sayeh and her mother of Wike’s car.  When officers knocked on the door, they got no answer; however, another officer heard movement inside the house.  When the dispatcher called the house, a man named Ray answered.  He was asked to step out of the house with his hands on his head and, when he did, he was arrested.

 

Fingerprints, bloodstains and DNA evidence found at the crime scene and in Wike’s car linked him to the abduction of the sisters and the murder of Sarah Rivazfar. 

 

Additional Information:

 

Warfield “Ray” Wike was convicted of Robbery in 1974.

 

Trial Summary:

 

10/12/89          The defendant was indicted on the following charges:

                                    Count I:            First-Degree Premeditated Murder (Sarah)

                                    Count II:           First-Degree Felony Murder (Sarah)

                                    Count III:         Kidnapping (Sarah)

                                    Count IV:         Kidnapping (Sayeh)

                                    Count V:          Sexual Battery Victim Under 12 (Sayeh)

                                    Count VI:         Attempted First-Degree Premeditated Murder (Sayeh)

                                    Count VII:        Attempted First-Degree Felony Murder (Sayeh)

06/19/89          The jury found the defendant guilty of all counts charged in the indictment.

06/20/89          Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

07/13/89          The defendant was sentenced as follows:

                                    Count I:            First-Degree Premeditated Murder - Death

                                    Count II:           First-Degree Felony Murder - Death

                                    Count III:         Kidnapping – 22 years

                                    Count IV:         Kidnapping – 22 years

                                    Count V:          Sexual Battery Victim Under 12 - Life

                                    Count VI:         Attempted First-Degree Premeditated Murder – 22 years

                                    Count VII:        Attempted First-Degree Felony Murder – 22 years

02/27/92          On Direct Appeal, the Florida Supreme Court affirmed Wike’s convictions, but reversed his death sentence and remanded the case for a new penalty phase proceeding.

12/03/92          During the new penalty phase, upon advisory sentencing, the jury voted by a

12 to 0 majority, for the imposition of the death penalty.

01/11/93          Wike was resentenced as follows:

Count I:            First-Degree Premeditated Murder – Death

Count II:           First-Degree Felony Murder - Death

01/23/94          On Direct Appeal, the Florida Supreme Court again reversed Wike’s death sentence and remanded the case to the trial court for a second resentencing.

08/18/95          During the second resentencing hearing, the jury voted, by a 12 to 0 majority for the imposition of the death penalty.

09/18/95          Wike was resentenced as follows:

                                    Count I:            First-Degree Premeditated Murder - Death

                                    Count II:           First-Degree Felony Murder - Death

 

Note:               Wike was given one sentence for both Counts I & II and Counts VI &VII.

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC #74,722

596 So. 2d 1020 (Fla. 1992)

 

09/15/89          Appeal filed.

02/27/92          FSC affirmed Wike’s convictions and sentences, except the sentence of death, which was reversed and the case was remanded to the trial court for resentencing.

04/01/92          Rehearing denied.

05/01/92          Mandate issued.

 

 

Florida Supreme Court - Direct Appeal (Resentencing I)

FSC #81,117

648 So. 2d 683 (Fla. 1994)

 

01/22/93          Appeal filed.

11/23/94          FSC reversed Wike’s sentence of death and remanded the case to the trial court for a second resentencing.

01/25/95          Rehearing denied.

02/24/95          Mandate issued.

 

Florida Supreme Court - Direct Appeal (Resentencing II)

FSC #86,537

698 So. 2d 817 (Fla. 1997)

 

10/02/95          Appeal filed.

07/17/97          FSC affirmed Wike’s sentence of death.

09/02/97          Rehearing denied.

10/02/97          Mandate issued.

 

United States Supreme Court - Petition for Writ of Certiorari

USSC #97-6636

522 U.S. 1058 (U.S. 1998)

 

11/03/97          Petition filed.

01/12/98          Petition denied.

 

State Circuit Court - 3.850 Motion

CC #88CF-547

 

01/08/99          Motion filed.

09/27/00          Motion denied.

 

Florida Supreme Court - 3.850 Appeal

FSC #SC00-2141

813 So. 2d 12 (Fla. 2002)

 

10/20/00          Appeal filed.

01/24/02          FSC affirmed the denial of Wike’s 3.850 Motion.

03/15/02          Rehearing denied.

04/15/02          Mandate issued.

 

United States District Court - Petition for Writ of Habeas Corpus

USDC #02-CV-114

(Pending)

 

03/18/02          Petition filed.

 

07/16/04          Wike died of natural causes.

 

Case Information:

 

On 09/15/89, Warfield Raymond Wike filed a Direct Appeal in the Florida Supreme Court.  In that appeal, he argued that the trial court erred in denying his motion to suppress evidence that was obtained as a result of his warrantless arrest.  The Florida Supreme Court noted that there was sufficient evidence in the record to establish probable cause and exigent factors that justified the warrantless arrest and the seizure of evidence.  In reference to the penalty phase, Wike contended that the trial court erred in failing to grant his motion for continuance following the conclusion of the guilt phase.  The penalty phase of Wike’s trial was scheduled for the day after the guilty verdicts were rendered.  Wike’s attorney moved for a one-week continuance in order to procure several members of Wike’s family to testify in his mitigation.  The Florida Supreme Court agreed that the continuance should have been granted and remanded the case back to the trial court for a new penalty phase hearing.  Wike additionally argued that the trial court erred in allowing the prosecutor improperly argue lack of remorse as a non-statutory aggravating circumstance.  The Florida Supreme Court again agreed and instructed the trial court regarding the matter as to avoid the same error in the new penalty phase.  On 02/27/92, the Florida Supreme Court affirmed Wike’s convictions, reversed his death sentence and remanded for a new penalty phase. 

 

On 01/11/93, Wike was again sentenced to death.  He filed a Direct Appeal in the Florida Supreme Court on 01/22/93.  In that appeal, he argued that the trial judge erroneously denied him the right to present the final closing argument during the penalty phase.  Wike’s counsel asserted that he had the right to the concluding argument but did not cite the appropriate criminal rule of procedure.  The State erroneously informed the judge that there was no specific rule to govern such a situation.  The defense finally cited Rule 3.780, which clearly states that a defendant in a capital case has the right to present the final argument during the penalty phase.  The trial judge, however, determined this rule to be discretionary rather than mandatory.  The Florida Supreme Court disagreed and remanded Wike’s case for yet another new penalty phase on 11/23/94.

 

Wike was again sentenced to death on 09/18/95.  Wike then filed a Direct Appeal in the Florida Supreme Court on 10/02/95.  In that appeal, he argued the trial judge erroneously refused to allow Wike’s court-appointed counsel to withdraw after Wike hit him in open court.  The trial judge gave a curative instruction to the jury regarding the incident.  Wike stated that he wanted to remove the Public Defenders Office from his case, but did not want to represent himself.  The trial judge noted that a defendant does not have the right to choose a particular court-appointed attorney and refused to allow Wike’s counsel to withdraw from his case.  The Florida Supreme Court agreed with the trial judge and found no error in his refusal to allow the withdrawal.  Wike also contended that admitting the details of the crimes committed upon Sayeh Rivazfar prejudiced his case and that the trial court erred in its consideration and application of aggravating circumstances.  The Florida Supreme Court found no error and affirmed Wike’s sentence of death on 07/17/97.

 

Wike then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was subsequently denied on 01/12/98.

 

Wike next filed a 3.850 Motion in the State Circuit Court.  That motion was denied on 09/27/00, after which, Wike filed an appeal of that decision in the Florida Supreme Court.  On 01/24/02, the Florida Supreme Court affirmed the denial of Wike’s 3.850 Motion.

 

On 03/18/02, Wike filed a Petition for Writ of Habeas Corpus in the United States District Court.

 

On 07/16/04, Wike died of natural causes.

 

 

Institutional Adjustment: WARFIELD RAYMOND WIKE DC #116838

 

  DATE      DAYS                 VIOLATION                           LOCATION       

  --------       ----              ----------------------------                 ------------------- 

07/11/94       0             DISORDERLY CONDUCT              UNION C. I.         

06/04/97       0             SPOKEN THREATS                          UNION C. I.         

01/07/00       0             POSS OF CONTRABAND               UNION C. I.       

 

 

 

10/24/02 – ew

10/28/02 – approved - ws

07/26/04 – updated emc