Richard Lee McCoy

Case information

Richard Lee McCoy was sentenced to death on August 9, 2001. The Florida Supreme Court opinion was SC01-2113. The case number was 00-8117 in the Fourth Judicial Circuit, Duval County. The sentencing judge was The Honorable Peter L. Dearing. The trial attorney was Alan Chipperfield – Assistant Public Defender. The direct appeal attorney was Lester Makofka – Private Attorney. The collateral appeal attorney was David Collins – Private.

McCoy was born on 01/18/66. The date of offense was 06/13/00. The case information listed CFA and DC# 099752.

Timeline

• 06/13/00 — Store clerk Shervie Ann Elliot was murdered during a robbery of her workplace, ABC Liquors.
• 06/19/00 — ABC Liquors advertised a $10,000 reward for information regarding the robbery and murder.
• 04/05/01 — McCoy was indicted: Count I: First-Degree Murder; Count II: Armed Robbery.
• 05/29/01 — The jury returned guilty verdicts on all counts of the indictment.
• 06/29/01 — The jury recommended death by a vote of 7-5.
• 08/09/01 — McCoy was sentenced: Count I: First-Degree Murder – Death; Count II: Armed Robbery – Life.
• 09/21/01 — McCoy filed a Direct Appeal to the Florida Supreme Court.
• 08/21/03 — The Florida Supreme Court affirmed McCoy’s conviction and sentence.
• 06/23/04 — A 3.850 Motion was filed to the Circuit Court.
• 08/10/04 — The 3.850 Motion was amended.
• 03/01/05 — The 3.850 Motion was amended.
• 12/16/05 — The 3.850 Motion was amended.
• 04/20/06 — The motion was amended for the fourth time.
• 04/26/06 — The motion was subsequently stricken on 04/26/06.

The offence

On the morning of 06/13/00, store clerk Shervie Ann Elliot was murdered during a robbery of her workplace, ABC Liquors. Elliot was shot in the abdomen, neck and face.

Fingerprints found on the ABC Liquors’ money pouch belonged to Richard McCoy.

The video surveillance tape also showed McCoy was involved in the robbery and murder.

Investigation

On 06/19/00, ABC Liquors advertised a $10,000 reward for information regarding the robbery and murder.

Zsa Zsa Marcel, the mother of McCoy’s baby, responded to the advertisement. Marcel gave police a detailed description of McCoy’s confession of robbing ABC Liquors and the murder of Elliot.

Marcel agreed to have a conversation with McCoy about ABC Liquors while wearing a police recording device. During the recorded conversation, McCoy confirmed his involvement in the murder and robbery.

When questioned by police, McCoy denied committing the murder of Elliot and robbery of ABC Liquors.

McCoy claimed to have been at home with his girlfriend on the morning of the offense. His girlfriend and neighbor both upheld McCoy’s claim.

Arrest

No specific arrest date or arrest details were provided in the case information.

Trial

On 04/05/01, McCoy was indicted as follows:

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

On 05/29/01, the jury returned guilty verdicts on all counts of the indictment.

On 06/29/01, the jury recommended death by a vote of 7-5.

Sentencing

On 08/09/01, McCoy was sentenced as follows:

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

The sentencing included a reference to the aggravating factor of cold, calculated and premeditated murder, as raised on appeal.

Appeals

Direct appeal

On 09/21/01, McCoy filed a Direct Appeal to the Florida Supreme Court.

McCoy contended that error occurred in allowing the court to hear and read the tape-recorded conversation with Marcel and in allowing Marcel to testify as well as restricting defense’s cross-examination of Marcel.

McCoy argued that error also occurred in denying his motion for acquittal and basing his sentence of death on the aggravating factor of cold, calculated and premeditated murder.

McCoy’s final argument was the unconstitutionality of the death penalty.

On 08/21/03, the Florida Supreme Court affirmed McCoy’s conviction and sentence.

Collateral appeals

A 3.850 Motion was filed to the Circuit Court on 06/23/04. The motion was amended three times on 08/10/04, 03/01/05, and 12/16/05. On 04/20/06, the motion was amended for the fourth time and was, subsequently, stricken on 04/26/06. The case was to proceed on the Second Amended Motion.

Outcome

McCoy’s conviction and sentence were affirmed by the Florida Supreme Court on 08/21/03. McCoy remained sentenced to death following the Supreme Court’s affirmance.

Other details

ABC Liquors’ reward was advertised as $10,000 on 06/19/00. The victim was identified as Shervie Ann Elliot. Zsa Zsa Marcel was identified as the mother of McCoy’s baby. McCoy’s girlfriend and neighbor upheld his claim that he was at home on the morning of the offense.