Wydell Evans

Background

Wydell Evans was born on 05/19/70. He was indicted in the Eighteenth Judicial Circuit, Brevard County, in Case # 98-25245.

The offence

On 10/21/98, two days after being released from prison, Wydell Evans was riding in a car with Angel Johnson, his brother’s 17-year-old girlfriend, Erica Foster, Sammy Hogan, and Lino Odenat. Evans was having an argument with Johnson over her alleged unfaithfulness to Evans’ brother. At some point during the argument, Johnson laughed, and Evans responded: “You think it’s funny? You think it’s funny?”

Evans then pulled a gun and shot Johnson in the chest. After the shooting, Odenat tried to exit the vehicle, but Evans told him to get back in the car. Evans threatened Foster and Hogan not to tell who shot Johnson or he would kill them and their families, before exiting the vehicle.

Foster and Hogan rushed Johnson to the hospital, but she later died of her wounds.

Investigation

At the hospital, Foster and Hogan were questioned by police, and told police that Johnson was shot during a drug deal by a white man driving a cream-colored car. They later changed their story and reluctantly identified Evans as the shooter.

Arrest

Evans was indicted on 11/10/98.

Trial

Evans was indicted as follows:

• Count I: First-Degree Murder
• Count II: Kidnapping
• Count III: Aggravated Assault
• Count IV: Possession of a Firearm by a Convicted Felon

On 10/25/99, Count IV was severed from the other counts of the indictment. On 11/01/99, jury returned guilty verdicts on all counts of the indictment.

On 11/03/99, the jury recommended death by a vote of 10-2.

Sentencing

On 02/15/00, Evans was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Kidnapping): Life Imprisonment
• Count III (Aggravated Assault): 9 years

Appeals

Evans filed a direct appeal with the Florida Supreme Court on 03/02/00, citing the following errors: introduction of hearsay testimony; improper comments during State’s closing argument; denial of a judgment of acquittal; improper jury instructions for the Kidnapping charge; improper admission of Evans’ prior presentence investigation reports; and the proportionality of the death penalty in Evans’ case.

On 11/14/02, the Florida Supreme Court affirmed the convictions and sentences (FSC opinion SC00-468; opinion SC05-632 & 05-1974).

Evans filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/28/03, which was denied on 10/06/03.

Post-conviction proceedings

Evans filed a 3.851 Motion in the Circuit Court on 02/24/04 and amended the motion on 08/31/04. On 02/14/05, the Circuit Court denied the Motion.

Evans filed an appeal with the Florida Supreme Court on 04/14/05, which is pending.

Evans filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/05, which is pending.

Other details

• Sentencing Judge: The Honorable Jere Lober
• Trial Attorney (Private): Kenneth Studstill
• Direct Appeal Attorney: Michael Becker (Assistant Public Defender)
• Collateral Appeals Attorneys: Richard Kiley & James Viggiano (CCRC-M)