Richard England

Parties and identifiers

Richard England (born 08/29/71) was the defendant in a Florida case from the Seventh Judicial Circuit, Volusia County, Case # 03-35769. The case involved Florida Supreme Court opinion SC04-1521 and DC# 115574.

Timeline

• 06/25/01 — Date of offense.
• 07/02/01 — Richard England encountered 71-year-old Howard Wetherell in his Daytona Beach condominium; Michael Jackson was England’s companion.
• 07/23/04 — Date of sentence.
• 11/06/03 — England was indicted: Count I (First-Degree murder) and Count II (Armed Robbery).
• 05/24/04 — The jury returned guilty verdicts on all counts.
• 05/27/04 — The jury recommended death by a vote of 8-4.
• 08/24/04 — England filed a direct appeal in the Florida Supreme Court, raising 14 issues involving possible errors with the trial itself.
• 09/26/06 — A motion for rehearing was denied.
• 10/16/06 — A mandate was issued.
• 01/26/07 — A Petition for a Writ of Certiorari to the United States Supreme Court was filed.
• 04/02/07 — The petition was denied.
• 09/16/08 — England’s mother and sister testified in renewed efforts to avoid the death penalty.

Background

England was born on 08/29/71.

England’s mother and sister testified in renewed efforts to avoid the death penalty. They described abuse Richard England suffered at the hands of his father while growing up in Georgia, including beatings and strict “military style punishment.” The abuse occurred before England was sent away for murdering a New Smyrna Beach man at age 16. England served 11 years for that crime before he was released on parole.

The offence

On 07/02/01, 71-year-old Howard Wetherell was alone in his Daytona Beach condominium when he encountered Richard England and England’s companion, 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 poker to repeatedly beat Wetherell. Wetherell later died of a cervical spine fracture resulting in suffocation due to a paralyzed diaphragm.

That same night, England and Jackson stole Wetherell’s antique guns, jewelry, silver, and Wetherell’s green Mercury Sable car.

England and Jackson fled to Orlando, Florida. They employed Reynaldo DeLeon, a friend of England’s, to fence the stolen items.

Witness testimony at trial stated that England claimed Wetherell was a pervert who deserved to be killed for having sexual relations with a young man.

Verbatim statement appearing with the crime-scene photograph included the words “Pervert, f—k with us” with an arrow pointing to the victim.

Investigation

DNA on cigarette butts linked England and the other offender to the scene.

Investigations were stalled due to a white powdery substance that crime scene investigators stated had been sprayed to destroy evidence that may have been left.

Handwriting analysis linked England to the photograph recovered from the crime scene bearing the words “Pervert, f—k with us” and an arrow pointing to the victim.

Arrest and custody

England was taken into custody on an unrelated violation of probation charge. He was later charged with Wetherell’s murder.

Several days after the murder, Jackson was arrested after wrecking the stolen car in Walton County. Jackson soon implicated England in the murder.

Codefendants and related persons

Michael Jackson was England’s companion during the events involving Wetherell.

Reynaldo DeLeon was employed to fence the stolen items and was charged with multiple felony charges.

Steven Diehl was a jailhouse snitch who testified about meeting England in jail and about alleged inculpatory statements.

England’s father was Ronnie England, who had adopted Richard England as a baby. England’s sister testified she lived in Texas.

Trial

Indictment and counts

On 11/06/03, England was indicted as follows:

• Count I: First-Degree murder
• Count II: Armed Robbery

Verdicts

On 05/24/04, the jury returned guilty verdicts on all counts of the indictment.

Death recommendation

On 05/27/04, the jury recommended death by a vote of 8-4.

Trial testimony and statements

Witnesses testified that England claimed Wetherell was a pervert who deserved to be killed for having sexual relations with a young man.

England made inculpatory statements to DeLeon claiming responsibility for the murder.

Steven Diehl testified that he met England in jail and that England confessed to him “beating an old pervert” to death with a pipe, according to court records.

Diehl testified in England’s trial that England told him Wetherell deserved to die because he had been having sex with a young man, according to court records.

Diehl testified that it was a corrections officer who first solicited information from him and not the other way around.

Taking the stand at trial, Michael Jackson testified that he was the killer.

Defense and alleged ineffective assistance context

In the later evidentiary hearing context described in renewed efforts to avoid the death penalty, England’s mother and sister testified they were not asked to testify in England’s trial and that, during the trial, members of the defense team said “they didn’t need us” to testify. England’s sister described that she would have testified if asked.

Verbatim exchange:

• England’s sister, Allison, testified: “No, we never talked about the abuse, no,” she said.
• When asked if she would have come in and testified: “Of course,” she answered.
• Asked about doing anything for her brother: “I’d do anything for my brother.”

Assistant Attorney General Barbara Davis pointed out that she had testified by telephone about the strictness of their father, Ronnie England. Under cross-examination, Davis prodded Allison England, and Allison replied: “Yes ma’am.”

Sentencing

On 07/23/04, the sentencing judge was The Honorable S. James Foxman.

The jury recommended death by a vote of 8-4.

England was sentenced as follows:

• Count I: First-Degree murder — Death
• Count II: Armed Robbery — Life

Appeals

England filed a direct appeal in the Florida Supreme Court on 08/24/04, raising 14 issues involving possible errors with the trial itself.

The Florida Supreme Court affirmed both the convictions and the death sentence imposed on England.

A motion for rehearing was denied on 09/26/06 and a mandate was issued on 10/16/06.

A Petition for a Writ of Certiorari to the United States Supreme Court was filed on 01/26/07 and denied on 04/02/07.

Other legal outcomes involving related individuals

Michael Jackson was convicted of second-degree murder and was serving a life sentence for his role in the killing.

Reynaldo DeLeon was charged with multiple felony charges and was sentenced to 18 years.

Other details

Case participants and counsel

• Sentencing Judge: The Honorable S. James Foxman
• Trial Attorney: Gerard Keating (Court Appointed Attorney)
• Direct Appeal Attorney: Todd Scher (Private Attorney)
• Collateral Appeals: Richard Kiley (CCRC-M)

Offense-related facts and victims

Howard Wetherell was 71 years old and died after being repeatedly beaten with a fire poker, with death described as resulting from a cervical spine fracture leading to suffocation due to a paralyzed diaphragm.

The theft included Wetherell’s antique guns, jewelry, silver, and a green Mercury Sable car.

Prior incarceration history in Florida

England had the following prior incarceration history in the State of Florida:

• 11/08/1987 — 2ND DEG.MURD,DANGEROUS ACT; 02/21/1989 — Sentence: 22Y 0M 0D
• 11/08/1987 — GRAND THEFT MOTOR VEHICLE; 02/21/1989 — Sentence: 5Y 0M 0D
• 07/23/1988 — CRIMINAL MISCHIEF/PROP.DAMAGE; 02/21/1989 — Sentence: 5Y 0M 0D
• 11/08/1987 — 2ND DEG.MURD,DANGEROUS ACT; 05/02/2002 — Sentence: 25Y 0M 0D
• 08/02/2001 — ESCAPE; 05/02/2002 — Sentence: 2Y 8M 27D

Family and childhood abuse testimony

England’s sister testified she was forced to eat junk food with her two brothers during their childhood until they got sick. She described Ronnie England as “pretty rough on all of us.”

Verbatim statements:

• Allison England said of their father: “He was pretty rough on all of us.”
• She stated that defense members said “they didn’t need us” to testify.

Related article context (verbatim items retained)

Circuit Judge S. James Foxman described the killing in the apartment as “horrible, brutal, bone-crushing,” and sentenced England to die after the jury voted 8-4 in favor of recommending the death penalty. The Florida Supreme Court affirmed England’s conviction and death sentence.