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.
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 ofSentence: 07/23/04
Circumstances of Offense:
On 07/02/01, 71-year-old Howard Wetherell was alone in hisDaytona Beach condominium, when he encountered Richard England and hiscompanion, 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 pokerto repeatedly beat Wetherell who later died of a cervical spine fractureresulting in suffocation due to a paralyzed diaphragm. This same night,England and Jackson stole Wetherell’s antique guns, jewelry, silver andWetherell’s green Mercury Sable car. The two fled to Orlando, Florida,employing Reynaldo DeLeon, a friend of England’s, to fence the stolenitems.
Several days after the murder, Jackson was arrested afterwrecking the stolen car in Walton County and soon implicated England in themurder. England, taken into custody on an unrelated violation ofprobation charge, was later charged with Wetherell’s murder. At thetrial, witnesses testified that England claimed Wetherell was a pervert whodeserved to be killed for having sexual relations with a young man. England also made inculpatory statements to DeLeon claiming responsibility forthe murder.
DNA on cigarette butts linked the two offenders to thescene, but investigations were stalled due to a white powdery substance that,according to crime scene investigators, had been sprayed to destroy evidencethat may have been left. Handwriting analysis also linked England to aphotograph 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 iscurrently serving a life sentence.
Reynaldo DeLeon was charged with multiple felony charges andsentenced 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: ArmedRobbery
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: ArmedRobbery – 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 FloridaSupreme Court, raising 14 issues involving possible errors with the trialitself. The FSC affirmed both the convictions and death sentence imposedon England. A motion for rehearing was denied on 09/26/06 and a mandatewas issued on 10/16/06.
A Petition for a Writ of Certiorari to the United StatesSupreme Court was filed on 01/26/07 and denied on 04/02/07.
England filed a 3.851 Motion in the state circuit court on02/01/08. This petition is pending.
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Report Date: 07/16/07 ML
Approved: 04/24/09 KLH