Darious Wilcox was sentenced to death by the State of Florida for a robbery murder. According to court documents Darious Wilcox would shoot and kill Nimoy Johnson inside of his home. Darious Wilcox would be arrested, convicted and sentenced to death
Terry Smith was sentenced to death by the State of Florida for a triple murder. According to court documents Terry Smith would force his way into a home and shoot and kill Desmond Robinson, 24, Kennethia Keenan, 21, and Berthum Gibson, 21. Terry Smith would be arrested, convicted and sentenced to death
A Duval County jury has recommended the death penalty for a man who’d been convicted of killing three people during a 2007 drug robbery in Northwest Jacksonville.
Terry Antonio Smith, 22, was convicted last week in the deaths of Desmond Robinson, 24, Kennethia Keenan, 21, and Berthum Gibson, 21. The jury came back to court Friday to hear more evidence in the penalty hearing.
Smith’s attorney, James Hernandez, asked the panel of nine women and three men to consider Smith’s age at the time of the robbery. He was 19. Hernandez also took testimony from Smith’s family and acquaintances who described him as loyal, protective and dedicated to his young daughter.
Prosecutors countered that if Smith’s social structure was so strong, he should have known better than to kill three people in an effort to score quick cash.
The jury was out for a little more than an hour before handing down 8-4 and 10-2 votes in favor of the death penalty as punishment for the murders of Gibson and Keenan, respectively.
The jury determined a life sentence was appropriate for Robinson’s murder. Testimony suggested Robinson was armed, too, but Smith kept shooting at the others after shooting him.
Circuit Judge Adrian G. Soud has the ultimate say over Smith’s sentence. A hearing has been scheduled for April 15.
Smith showed little emotion as the jury’s recommendation was read Friday.
Smith also is awaiting trial on a separate set of racketeering charges after police identified him as a member of the 45th Street Gang in November 2009.
Rodney Newberry was sentenced to death by the State of Florida for the murder of Terrese Stevens. According to court documents Rodney Newberry would shoot and kill Terrese Stevens outside of a Jacksonville nightclub. Several months later Rodney Newberry would shoot and injure two police officers. Rodney Newberry would be arrested, convicted and sentenced to death.
A convicted killer who was ordered resentenced in a 2009 robbery and fatal shooting outside a Jacksonville nightclub will be returning to Death Row.
When Rodney Newberry, 48, was convicted of killing Terrese Stevens, the jury voted 8-4 for the death penalty. However, the Florida Supreme Court has overturned all recent death sentences that do not comply with a new state law requiring a unanimous jury recommendation of death.
On Monday, a jury that reheard the case against Newberry voted 12-0 to sentence him to death. He will return to court in May for a sentencing hearing.
Newberry is also serving another life sentence for the attempted murder of two Jacksonville police officers, who he shot in 2010. That incident happened before Newberry was arrested in the 2009 murder.
James Herard was sentenced to death by the State of Florida for a robbery double murder. According to court documents James Herard in the process of robbing a Dunkin Doughnuts would shoot and kill Kiem Huynh and Eric Jean-Pierre. James Herard was also convicted for previous robberies that others were shot by thankfully survived.
James Herard came from a broken home. He was sexually abused by a family friend, and his mother inflicted forms of corporal punishment that some would consider abusive, a Broward jury was told Tuesday.
And when Herard shot to kill during a string of violent robberies in 2008, it excited him.
“I got a deranged mind,” Herard said during an interview with detectives in late 2008. “It’s like sex to me. I enjoyed it.”
The same jury that convicted Herard last month of the murders of Kiem Huynh and Eric Jean-Pierre returned to the Broward courthouse to hear prosecutors tell why the defendant, 24, should be put to death, and to hear defense witnesses explain why his life should be spared.
Broward Circuit Judge Paul Backman can override the jury if it recommends the death penalty, but not if it recommends life in prison without parole.
Prosecutors say Herard was part of a gang that targeted a Dunkin Donuts shop in Plantation on June 20, 2008, and one in Sunrise on Nov. 24, 2008. Two days later, the gang struck again at a Dunkin Donuts on West Atlantic Avenue in Delray Beach. And the day after that, they hit a Dunkin Donuts on State Road 7 and Commercial Boulevard in Tamarac.
In a separate incident, Herard told investigators he encouraged another gang member, Tharod Bell, to shoot and kill Jean-Pierre, 39, in a random attack in Lauderhill on Nov. 14, 2008.
Throughout the spree, Herard and his cohorts shot and wounded numerous doughnut shop customers, prosecutors said. In Delray Beach, one man was left blind and another wheelchair-bound for the rest of his life. In Tamarac, Huynh, 58, was fatally wounded.
The names of the victims were not spoken in court Tuesday.
“The death penalty is reserved for the worst of the worst,” prosecutor Tom Coleman told the jury Tuesday. “I submit to you that this is a case where that standard applies.”
Prosecutors called only one witness: Lauderhill Police Detective Brian Hardy, one of several detectives who interrogated Herard after his arrest in early December 2008. Jurors listened to a portion of that interrogation that included Herard talking about how he enjoyed the acts of violence.
But defense lawyer Kevin Kulik told jurors that Herard was more than a two-dimensional violent criminal. “He’s not one of the worst of the worst,” Kulik said.
Herard’s father left his mother when Herard was just 5 years old, and the child was raised without a strong male role model, Kulik said. Herard’s mother worked two and three jobs at a time to support her children, and sometimes resorted to punishments that would make responsible parents cringe, he said.
One witness, defense sociological expert Gilbert Raiford, said Herard’s mother burned his fingers to stop him from stealing. Raiford also said Herard was sexually abused by a family friend when he was just a child, and nothing was done about it.
In third grade, Herard was enrolled in four different schools, witnesses said.
“No one seemed to notice the problems he was having,” Raiford said. “He never got the help he needed.”
Family members said they were shocked when they learned Herard had been accused in the violent Dunkin Donuts robberies.
“That can’t be James! That cannot be James!” said Wilda Frederick, his cousin, recalling her reaction at news of Herard’s arrest. “Even right now, it’s like, are you serious? It’s not him. … I’m sorry that we’re even sitting here. I’m sorry for his actions.”
The jury will return to Backman’s courtroom Wednesday morning to learn whether Herard will take the stand to plead for his life.
Herard and three others, Bell, Calvin Weatherspoon and Charles Faustin, have already been convicted in the Delray Beach robbery and are serving life sentences. Another co-defendant, Jonathan Jackson, did not participate in that robbery, but all four men are facing charges in connection with the Broward incidents.
Bill Marquardt was sentenced to death by the State of Florida for a double murder. According to court documents Bill Marquardt would force his way into a home and murder Margarita Ruiz, 72, and her daughter Esperanza Wells, 42. Bill Marquardt would get away with the murders until DNA tied him to the double homicide. Bill Marquardt was previously acquitted of the murder of his own mother. Bill Marquardt was arrested, convicted and sentenced to death
o matter what argument Bill P. Marquardt made, the Florida Supreme Court on Thursday rejected it. The former Chippewa Falls man failed to have the court overturn his murder convictions of two Florida women.
The result is that Marquardt, 39, remains on Florida’s death row for the 2000 murders of Margarita Ruiz, 72, and her daughter Esperanza Wells, 42. He will likely remain on death row for many years to come.
The Supreme Court’s 54-page ruling says in part:
“Although the record contains no evidence with respect to motive, the record reflects that DNA from Marquardt was found inside the victims’ house, mixed with the victims’ blood. Additionally, the victims’ blood was found on clothes, shoes, and a knife seized from Marquardt upon his arrest in Wisconsin, as well as in Marquardt’s car.
“Further, the gun that killed the victims was found in Marquardt’s cabin. Finally, the evidence suggested that Marquardt, who lived in Wisconsin at the time of the murders, was in Florida on the date the victims were killed.
“Accordingly, we conclude that the record provides sufficient evidence from which a rational trier of fact could convict Marquardt of the first-degree murder of Ruiz and Wells, as well as burglary of a dwelling with a firearm. We therefore affirm his convictions.”
Marquardt was acquitted of the March 2000 murder of his mother, Mary Jane Marquardt, in the town of Eagle Point.
An affidavit for a warrant at the time said: “Investigator (Dick Price) further reports that in examining the body of Mary J. Marquardt and the scene where she was found, it appeared as though among the wounds incurred by her was a knife wound.”
Marquardt was originally found not competent to stand trial for his mother’s murder.
He was then charged in Eau Claire County with armed burglary and cruelty to animals and ultimately convicted in that case, but found not guilty by reason of mental disease in the Eau Claire County case and committed for 60 years.
After his 2006 acquittal by a Polk County jury of the murder of his mother, Marquardt was linked to the Florida case by a drop of blood on a knife that contained DNA from two people not connected with the Chippewa County case. Then-Chippewa County District Attorney Jon Theisen researched the deaths of Ruiz and Wells on the Internet, and notified Florida authorities of a possible connection.
Theisen is now a judge in Eau Claire County.
{span}The average stay on death row in Florida is nearly 13 years, according to that state’s Department of Corrections. Marquardt was convicted in October 2011 and sentenced in February 2012.
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