Florida Supreme Court

AKA:  Jamil Rashid

DC# 099752
DOB:  01/18/66

Fourth Judicial Circuit, Duval County Case# 00-8117 CFA
Sentencing Judge:  The Honorable Peter L. Dearing
Attorney, Trial:  Alan Chipperfield – Assistant Public Defender
Attorney, Direct Appeal:  Lester Makofka – Private
Attorney, Collateral Appeals:  David Collins – Private  

Date of Offense:  06/13/00

Date of Sentence:  08/09/01

Circumstances of Offense:

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.

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, however, denied committing the murder of Elliot and robbery of ABC Liquors. 

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

Trial Summary:

04/05/01          Indicted as follows:

Count I:           First-Degree Murder

Count II:          Armed Robbery

05/29/01          Jury returned guilty verdicts on all counts of the indictment

06/29/01          Jury recommended death by a vote of 7-5

08/09/01          Sentenced as follows:

Count I:           First-Degree Murder – Death

Count II:          Armed Robbery – Life

Case Information:

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.

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 will proceed on the Second Amended Motion.

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