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| |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| August
1, 2007 |
Virginia |
Anthony Robinson
Rhonda Robinson
Unborn Robinson child |
Leon Winston |
stayed |
|
On the morning of
Friday, April 19, 2002, Rhonda and Anthony Robinson were shot and killed in
their home in Lynchburg. When police arrived, they found that the rear door to
the house had been forcibly opened. Anthony's body was at the foot of the stairs
and five 9-millimeter shell casings were found around and under his body.
Rhonda's body was found on the floor of the upstairs bedroom shared by her two
daughters. Four 9-millimeter shell casings were found upstairs. Autopsies were
performed on both Rhonda and Anthony. Toxicology reports found no indication of
alcohol, opiates, or cocaine in either. The medical examiner concluded that all
wounds were inflicted upon both victims while they were alive. The medical
examiner also concluded that Rhonda was pregnant at the time she was murdered.
Anthony died from blood loss caused by eight gunshot wounds to his head, chest,
abdomen, and upper and lower extremities. In numbering the bullet wound tracks,
the medical examiner did not indicate the sequence in which Anthony was shot.
However, the medical examiner established that a 9-millimeter semi-automatic
handgun caused tracks 1 through 7 and a .38 caliber revolver caused track 8. The
bullet in track 1 entered Anthony's head above and behind his left ear, passed
through his skull causing a "large amount of destruction" before exiting through
his right eye. The bullet in track 2 entered Anthony's right jaw and exited out
of his mouth. The bullet in track 3 grazed the surface of Anthony's left cheek
before it entered his chest, damaged his left lung and heart, and stopped in his
abdomen. The bullet in track 4 passed front-to-back through Anthony's right
shoulder. The bullet in track 5 passed from right to left through the
subcutaneous tissue of Anthony's abdomen. The bullet in track 6 entered
Anthony's left upper back, and then passed through his ribs, left lung, heart,
liver, and stomach. The bullet in track 7 entered Anthony's right thigh and then
passed through it. The .38 caliber bullet in track 8 entered the right side of
Anthony's groin at the base of his penis, and passed through the left scrotal
sac before lodging in his left thigh. Rhonda's death was caused by blood loss
due to eight gunshot wounds. The medical examiner identified three wound tracks
associated with these wounds. The bullet that caused the first wound track
entered at the top of her head and passed through her forehead. The bullet that
caused the second wound track passed through Rhonda's chin into her neck and
chest, where it hit major blood vessels before exiting through her back. The
bullet that caused the third wound track passed through Rhonda's neck. Evidence
at trial revealed that on the morning of April 19, 2002, then eight-year-old
Niesha M. Whitehead was awakened by Rhonda, her mother, calling out that
"someone is in the house." Niesha saw two black men outside the second floor
bedroom she shared with her sister, Tiesha, then five years old. Niesha
testified that she saw her stepfather, Anthony, go downstairs with one of the
two men. This man was dressed in black clothing and wore gloves. Niesha called
him "Mr. No Name." She testified that "Mr. No Name" had a tattoo that looked
like "a big dog." Significantly, Winston concedes that he was present on this
evening, but asserts that he did not shoot anyone. As between Winston and the
other man who was an intruder in the home, Kevin Brown, Winston is the person
with a tattoo of a dog on his arm. Niesha testified that after Anthony went
downstairs with "Mr. No Name," she heard shots. Brown, who Niesha called "Mr. No
Name's Friend," stayed upstairs with Rhonda until "Mr. No Name" came back
upstairs. "Mr. No Name" chased Rhonda into the girls' bedroom and shot Rhonda in
front of the girls. Niesha led her sister to a closet where the two girls hid.
Later, Niesha left the closet and discovered the bodies of her mother and
stepfather. A cab driver testified that he picked up two black males, one of
whom he identified as Brown, in the early morning hours of April 19, 2002. He
drove the men to several homes where the two men would leave the cab and walk
around the house checking the windows, but not entering the houses. He
remembered that one of the houses was on Sussex Street. The Robinson home was on
Sussex Street. Michelle Lipford, who had purchased drugs from Winston and Brown
in the past and had been sexually intimate with Winston, testified that at about
5:00 a.m. on April 19, 2002, she drove Winston and Brown to the Robinson's home
on Sussex Street. She testified that she parked a block away from the Robinson
home and Winston and Brown left the car for approximately 5 minutes and then
returned. They went to her home on Pierce Street. Winston and Brown asked her to
drive them back to Sussex Street. She complied and parked a block away from the
Robinson home. Winston and Brown got out of the car. After about 15 minutes,
Lipford heard gunshots and drove away. Winston's girlfriend received a call from
Winston at about 6:00 a.m. on the morning of April 19, 2002 asking her to pick
him up at a carwash, a short distance from Sussex Street. She did so. The
evidence revealed that a neighbor of the Robinsons was awakened by gunshots on
the morning of April 19, 2002. She described hearing three shots and then five
shots. Nathan Rorls, a longtime friend of Winston's, testified that Winston
telephoned him and stated that "he slumped two people down here," meaning that
he "murdered somebody; killed somebody." When Rorls saw Winston the next day,
Winston stated that he "killed two people and robbed them and stuff." Winston
produced a handgun from under his shirt. Rorls described it as "a black gun like
an automatic, it was like a Glock or a nine." Winston also displayed cash and
cocaine that he stated he took from the Robinsons. He told Rorls that he and
Brown took $2000 and two ounces of cocaine. Rorls recited what Winston told him.
According to Winston, Brown took Anthony downstairs and shot him first in the
stomach. Winston then shot Anthony when he came "running up the steps talking
about they robbing us." Rorls testified that, "So Winston said he shot him like
up in the face or somewhere in the upper body coming up the stairs. And he told
me, he said, he don't want to leave no witnesses, so he turned around and he
shot that bitch." Winston told Rorls that he committed these crimes because he
had been robbed several days earlier and "he needed to make his money back up,
he didn't get paid." Rorls also stated that Winston told him that Rhonda was
pregnant. Winston was arrested at his girlfriend's home on April 25, 2002. The
woman gave police a set of keys that Winston left in her house. The keys fit
locks to doors at two nearby apartments. At one of the apartments, occupied by
Robin Wilson, the police recovered a 9-millimeter off-brand handgun manufactured
by a company located in Tennessee and made to resemble a Glock. Winston had left
the handgun with Wilson to "hold" for him, and had failed to retrieve it before
he was arrested. Winston had called Wilson from jail after he was arrested and
requested Wilson to continue to "hold" it. Winston's handgun seized by police at
Wilson's apartment had one unspent round in the clip magazine. The cartridge
bore the identical stamping as the casings recovered at the Robinson murder
scene. A forensic scientist testified at trial that five bullets recovered from
the Robinson's home and two bullets removed from Anthony's body were fired from
Winston's 9-millimeter handgun recovered from Wilson's apartment. Nine cartridge
casings recovered at the crime scene had been ejected from Winston's
9-millimeter handgun. Another forensic scientist testified that biological
material recovered from the 9-millimeter handgun matched Winston's DNA profile
and was inconsistent with Brown or either of the Robinsons. The probability of a
random selection yielding this result was greater than one in six billion. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 7, 2007
|
Pennsylvania |
Richard White |
James Williams |
stayed |
|
On May 29, 1995,
Richard White, a.k.a. “Pookie,” telephoned Lamar Peterson, a friend
of Williams, seeking to buy a large quantity of marijuana to
replenish the inventory for his drug dealing operation. Peterson
concluded that if White had sold all his marijuana, White would have
a significant amount of cash on hand. Peterson suggested to Williams
that they rob White through a “stinger;" Peterson would engage White
in a drug transaction, during which Williams would suddenly appear
and rob them both. Peterson and Williams would reconnect later and
share in the pelf. Peterson, Williams, and Curtis French set out to
find White, but Peterson could not remember the exact location of
White’s apartment. The three returned to Peterson’s apartment where
they informed Ralph Logan, a.k.a. “Rah-Rah,” and Luis Avila, a.k.a.
“TBone,” of the plan. The group decided to make another attempt to
find White. This time, Avila called White and informed him he would
soon drop by to purchase marijuana. Avila, Logan, and Williams set
out on another robbery attempt; however, this too was unsuccessful
after the trio went to the wrong apartment. Again, Williams and his
cohorts returned to Peterson’s apartment. Giving the “stinger” one
last try, Avila called White again and ascertained his apartment’s
exact location; Williams, Avila, and Logan again set out to rob him.
White was on his balcony when he saw the trio approaching; White
tucked a pistol in the rear of his shorts and headed to the street,
where he encountered the group. Williams demanded White take him to
his apartment and hand over his cash. When White refused, pleading
with his arms in the air that his children were inside sleeping,
Williams pulled out a MAC 10 automatic weapon and fired two bullets
into White’s chest and a third into his thigh as he fell to the
ground. With White lying in the street, the group fled back to
Peterson’s apartment. Upon their arrival, Williams informed Peterson
that because White was uncooperative, he “wetted him lovely,” i.e.,
Williams shot him. The other robbers also testified that Williams
bragged about shooting White. Later that summer, Peterson and
Williams were arrested in Baltimore by the FBI for an unrelated bank
robbery. Facing federal charges, Peterson told authorities of
Williams' role in the robbery and murder of White. Avila, French,
and Logan were also arrested and each corroborated Peterson’s
account. The three later testified Williams used the same weapon in
many subsequent bank robberies. Photographs in Peterson’s possession
at the time of his arrest depicted Williams, Peterson, French, and
Logan; one showed Williams posing with the MAC 10 used to kill
White. In November, 1996, Williams was convicted in federal court of
robbery and was sentenced to 687 months federal incarceration.
Having already filed first degree murder charges against Williams,
Lehigh County prosecutors monitored Williams' federal prosecution
and attended portions of his federal trial. Williams was ultimately
transferred to a federal prison in Colorado; Lehigh prosecutors
sought extradition. This request was delayed because Williams had
previously filed homicide charges pending against him in New Jersey,
which was also attempting to secure him. Eventually Williams was
transferred to Lehigh County. Despite repeated warnings and
recommendations from the court to the contrary, Williams represented
himself during pretrial hearings and at trial. At trial, and with
standby counsel assisting when Williams permitted, Williams
attempted to undermine the credibility of his accusers, but took the
opportunity to personally attack Commonwealth prosecutors, officers,
and criminal justice personnel. Williams repeatedly slurred one
black prosecutor as “house n****r” and lead prosecutor as
conspirator and liar. Since the majority of the Commonwealth’s
witnesses were co-conspirators in numerous robberies and were
currently serving time for other crimes, Williams harangued each
about the reduced sentences they received in exchange for their
cooperation with the Commonwealth. Williams suggested French was the
triggerman in White’s murder, and maintained a statewide conspiracy
was afoot wherein the Lehigh County District Attorney’s Office,
numerous police departments, prison staff employees, and even
appointed standby defense counsel were acting in concert. Police
came into possession of the murder weapon after a failed robbery
attempt by Williams, Peterson, French, and another individual. As
was their typical strategy, the group tried to rob a drug dealer but
were unsuccessful when the dealer brandished a weapon; French
dropped the machine gun as the three fled for their lives.
Ballistics tests revealed the gun recovered was used in White’s
murder. This same weapon was also linked to the bank robbery
Williams was convicted of in federal court. The car used in the
perpetration of White’s murder was also tracked down by police; it
had been rented by an associate of Williams, and had a dent in the
fender consistent with the strike of a bullet. Testimony revealed
that when Williams shot White, one of the bullets exited White’s
body and ricocheted off the getaway car. In addition to the physical
evidence, the Commonwealth offered expert medical testimony
consistent with its other witnesses’ version of the killing,
particularly the fact that White was shot while his arms were
raised. The Commonwealth also presented David Miller, an inmate at
Lehigh County Prison, who testified Williams admitted to him he had
killed somebody and was seeking Miller’s legal advice concerning his
case. Besides soliciting Miller’s assistance, Williams spoke to
another inmate, Louis Washington, about having one of Washington’s
family members provide an alibi for Williams' whereabouts on the
night of White’s murder. “So then [Williams] offered me some money,
and he offered my family some money to have my mother be his alibi
….”). Coached by Williams, this woman was to testify Williams was
with her during the homicide, and because she had no criminal record
or prior involvement with Williams, her story would be believed over
Williams' criminal cohorts. After being threatened by Williams,
Washington told the Commonwealth of Williams' fabrication plans. As
a result, and at the meeting arranged by Williams to “go over” this
testimony, Washington’s mother was portrayed by state Trooper Regina
Stafford; the Commonwealth had previously secured warrants to record
the conversations. During the conversation, Williams orchestrated a
time sequence placing him with Washington’s mother at the time of
White’s murder, and informed her exactly what she was expected to
say. At trial, Williams called Washington to authenticate an
affidavit exonerating Williams which Washington had signed;
Washington testified he signed the affidavit only after being
threatened. Williams attacked Washington’s credibility and the
suggested alibi fabrication story; on cross-examination, the
Commonwealth further explored the fabrication story. After Williams
again tried to discredit Washington by alleging he invented the
alibi story to curry favor with the Commonwealth, the prosecution
was granted permission, in rebuttal, to verify Washington’s version
of events. Officer Stafford testified to the alibi plot, and the
tape recording of the conversation was played for the jury. Williams
was convicted on all charges. Williams again represented himself
during the penalty hearing, asking the jury to consider his
character and the circumstances surrounding the crime, and his
allegedly minor criminal record. Williams argued he was not a
violent person and made repeated attacks on the character of the
victim, i.e., the victim was armed, a neglectful parent, and a
notorious drug dealer. The Commonwealth offered the jury two
aggravating circumstances, namely, Williams' history of violent
felonies, and that Williams committed the murder while in the course
of a felony, The jury found the Commonwealth proved both aggravating
circumstances, and rejected all Williams' proposed mitigating
evidence; Williams was sentenced to death. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| August
15, 2007 |
Texas |
Linda Susan Malek, 30 |
Kenneth Parr |
executed |
|
On January 21, 1998, Linda Susan
Malek died as a result of gunshot wounds to the head. Around two o’clock that
morning, Suzie’s mother and her stepfather received a call from Suzie’s
daughter, Ashley, informing them that two men had broken into their home and
shot Suzie. The Browns drove to Suzie’s home and discovered that several items
were missing including a television, a VCR, a video game console, jewelry, and
Suzie’s car keys. Suzie’s daughter and son, Zachary, were both present when
their mother was killed. According to Ashley, the two masked men burst into the
home through the front door. They ordered Suzie and her children to lie
face down on the floor. Suzie was crying and begged them not to shoot her. The
evidence indicated that Suzie was sexually assaulted. They then ransacked the
home before fleeing the residence with Suzie's car keys. Parr returned and asked
one of the children how to operate the car. When they were unable to start the
car, they fled on foot. Evidence presented at trial revealed that on the morning
of the murder, Kenneth Parr’s girlfriend returned to her apartment and found
Parr and his brother, Michael Jimenez, there; Jimenez was holding a jewelry box.
Parr told his girlfriend that he had gone somewhere with a gun and committed
burglary. Parr then packed up most of his belongings and his girlfriend took him
to his mother’s house. Parr later informed his girlfriend that he had hidden
some items in the air-conditioning vent at her apartment. When she returned
home, she found a VCR, a video game console, a gun, and a jewelry box. While she
was taking out her trash, the bag fell open and a purse that contained Suzie Malek’s driver’s license fell out. A resident of the apartment complex testified
that she heard two gunshots on the night of the murder. Twenty minutes later,
she heard two men arguing outside her window and when she looked outside her
window she saw two young men who appeared to be Latino or African-American. Both
men were carrying a television. Another resident of the apartment complex also
testified that she saw and heard two young men talking and recognized the
men as Kenneth Parr and Michael Jimenez. Parr was on parole from the Texas Youth
Commission ("TYC") at the time of the murder. At his trial, evidence
showed that he wrote a rap song about killing Suzie Malek and how he was
planning to murder again. A witness testified Jiminez told her he and Parr shot
Suzie Malek and planned to kill the children but the rusty gun jammed. The
brothers' fingerprints were found at the murder scene and DNA tied Parr to the
rape. UPDATE: Kenneth Parr was executed after nearly 10 years had passed since
the crime of rape-murder had occurred. In his final statement, Parr said,
"I just want to tell my family I love y'all, man." He mentioned 2 brothers by
name and said, "Keep your head up, y'all. I'm ready." He never looked at the
relatives of his victim, Suzie Malek, which included her parents. In the weeks
preceding his execution, Texas Department of Criminal Justice officials took the
rare step of putting him off-limits for media interviews because of security
concerns. "He's been adamant that he would like to harm staff members before
he's executed," department spokeswoman Michelle Lyons said. "He flipped out when
he found out we weren't going to do media stuff." Steven Reis, the Matagorda
County district attorney who prosecuted Parr, said the prisoner's history since
being locked up was no surprise and shows jurors were correct to give him a
death sentence. "He is the clearest example of how even death row inmates are
dangerous," Reis said. "Many people suggest that once a defendant is
incarcerated for life, they pose no danger to society. This misleading statement
presumes that the people who work within the prisons are not members of society,
which is preposterous. Those people are at risk from the likes of Parr." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 16, 2007
|
Tennessee |
William Bramlett
Hillary Johnson, 24 |
Leonard Young |
stayed |
|
Leonard Young met a
woman during the 1990 Christmas holidays. The two became
romantically involved and dated until the early part of 1993. In
1992, the woman moved to her current residence in Hardeman County,
Tennessee. The home is located on a 175-acre wooded lot. At
approximately 9:15 p.m. on November 16, 1999, the woman returned
home from an exercise class and discovered a man inside her house.
When she "started back toward her car," the man ran out the back
door, calling her name. the woman recognized Young’s voice. Young
told her that he was not going to hurt her and wanted to speak with
her. As they walked back towards the house, the woman observed that
Young was carrying a sawed-off shotgun "beside his leg." For the
next forty-five minutes, Young and the woman discussed their
families. Young also told the woman that he had entered her house
through the unlocked kitchen door; however, she insisted that the
door had been locked. Thereafter, Young stood to leave, thanked the
woman for everything that she "had done for him," and asked her not
to call "the law." After Young left, the woman discovered that her
car keys were missing. She then observed the tail lights of her red
Mercedes, which was being backed out of the garage, and notified the
sheriff’s department. She subsequently discovered that Young had
entered her home by breaking a bedroom window. That night, the woman
went to stay with her step-daughter and did not return home until
December 11, 1999. The woman’s vehicle was recovered in Ashland,
Mississippi, twenty-three miles from her home. A local family owned
approximately 500 acres of land in Benton County, Mississippi, just
south of Ashland, approximately thirty miles outside of
Collierville, Tennessee. A storage building on the property housed
trucks, tractors, and several boats. One of the vehicles inside the
building, a 1989 Ford Bronco, belonged to one of the family members.
Other than the man and his father, only the caretaker had access to
the storage building. The keys were kept in the vehicles inside
the storage building. The 500 acre piece of property was fenced, and
the road leading to the property was blocked by an iron gate which
was locked with a chain and padlock. The storage building was
approximately one-half mile from the gate and was not visible from
the road. The man verified that on November 18, 1999, the Bronco was
locked inside the storage building, and the gate to the property was
locked. He explained that on the Sunday preceding November 18, he
and his son went to the Benton County property to practice target
shooting. He got about halfway home and realized that he had left
the guns in the Bronco. The three guns left inside the Bronco were a
nine-millimeter pistol, a .22 Weatherby long rifle, and a .410
chrome shotgun. Because the Bronco was locked, he decided to wait
until the following week to retrieve the guns. Within the next day
or so the caretaker contacted the man's father and asked whether he
had taken the Bronco. The father responded that he had not, and,
upon learning that the Bronco was missing, his son reported the
vehicle as stolen. He subsequently discovered that a window in the
storage building had been broken and the gate pulled off its hinges.
The Bronco was later discovered in midtown Memphis; however, the
three guns were missing. In 1999, Young’s niece lived at in midtown
Memphis. She had not seen Young for approximately six years when he
arrived at her house in November 1999. Young was driving a Ford
Bronco. Young asked his niece if she had a car, and she replied that
she did not. He also inquired whether her father still lived in
Texas, indicating that he might visit him. Young visited with his
niece for approximately forty-five minutes before leaving at 5:00
p.m. Around 7:00 p.m. that evening, Mississippi law enforcement
officers arrived at the niece's residence and asked that she contact
them if she again saw Young. Young returned two days later, but his
niece refused to allow him inside her house. She then contacted the
police as instructed. On November 21, 1999, the stolen 1989 Ford
Bronco was discovered by Memphis Police on the same block as the
niece's residence. In August 1999, the twenty-four-year-old victim,
Hillary Johnson, a native of Chicago, received a teaching fellowship
in the Philosophy Department at the University of Memphis. Upon
arriving in Memphis, Hillary purchased a white Hyundai for $1,350.
On November 19, 1999, Hillary informed her mother that she planned
to drive home to Chicago for the Thanksgiving holiday. Two days
later, Hillary's mother attempted to telephone her daughter to no
avail. A fellow graduate student had planned to meet Hillary that
morning and discuss their grading methods but Hillary never
contacted her. Later that day, Hillary’s boyfriend telephoned
Hillary's mother to inform her that he had been unable to contact
Hillary. She told the young man to let her know if he still had not
heard from Hillary later in the day. At 10:30 p.m. that evening, he
telephoned to inform Hillary's mother that he had been unable to
locate Hillary. Concerned about Hillary’s whereabouts, Hillary's
mother contacted the police. She also contacted Hillary’s landlords
and asked if they would allow the police to enter the apartment. In
addition to Hillary’s family and the police, Hillary’s friends began
looking for her. On November 22, 1999, Memphis Police Officer
Kyatonie Jones received a missing person report from Hillary's
mother. She gave the officer Hillary's address and Officer Jones
sent another officer to the apartment to investigate. As a result of
the officer’s investigation, Officer Jones issued a missing-person’s
broadcast on Hillary. In November 1999, Rick Marlar, a lieutenant
with the Mississippi Highway Patrol, was assigned to the Criminal
Investigative Bureau. Lieutenant Marlar, as well as other
Mississippi Highway Patrol officers, were involved in the search for
Hillary. On November 29, the officers learned that Hillary’s vehicle
had been located in Tippah County, Mississippi. Lieutenant Marlar
proceeded to the location, which was off in a rural county road area
- "very rural area - wooded area - pine trees, oak trees . . . -
there was also a house that might have been a hunting cabin at one
time or an old house place." No evidence of blood was discovered in
Hillary’s car. A search of the "cabin" revealed opened cans of food
in the kitchen, a ladies jacket in the living room, and what
appeared to be blood on some bed sheets. These stains, however,
turned out to be deer blood and paint. During the search of the
cabin and surrounding area, Lieutenant Marlar learned of Jessie
Cochran, who lived in the adjoining town just over the state-line in
Tennessee. Young's ex-girlfriend’s residence was approximately
fifteen miles from the location of Hillary’s vehicle if traveling by
road, but only two miles if "cutting through the paths through the
woods." Lieutenant Marlar received permission from his superiors and
the Hardeman County, Tennessee Sheriff’s Department to enter the
state of Tennessee. A Hardeman County sheriff’s deputy accompanied
Lieutenant Marlar to the woman’s residence. A partially filled
bottle of Diet Coke and a plastic shopping bag were
discovered in the woods between the "cabin" and the woman’s
residence. The officers approached the woman’s residence on foot,
leaving their vehicles parked on the main road. As Lieutenant Marlar
reached the front porch, he looked through a window and observed a
"gentleman, later identified as Young, sitting there watching TV,
and it was like a deep freeze directly in front of him, and the TV
was kind of to his left. And on the deep freeze was a
nine-millimeter pistol." When Young looked up, Lieutenant Marlar
pointed his weapon at him and ordered him to freeze. Young moved
toward his gun, but Lieutenant Marlar cocked his weapon and told
Young he would shoot. Eventually, Young raised his hands and placed
them behind his head. Lieutenant Marlar and the other officers then
entered the residence. However, Young refused to comply with their
instructions and was forced to the floor. Lieutenant Marlar
discovered a .22 caliber pistol and a filet knife on Young’s person.
Young was arrested and advised of his constitutional rights. Upon
being questioned by police, Young admitted that he had entered the
woman’s residence through a window and had taken her Mercedes. He
stated that he had evaded police and hid in the woods for two days.
Young then came upon the storage building in the woods where he
discovered the Ford Bronco. After taking the Bronco, Young traveled
to Texas, stopping to see his sister and niece in Memphis. He
subsequently returned to Memphis and abandoned the Bronco near his
niece’s residence. Young stated that after his niece informed him
that the "law" was looking for him, he "took off running." Shortly
thereafter, he encountered a girl in a white Honda at a stop sign.
Young "jumped in the car, brought her on 64 highway, put her out
between the last subdivision and the store." Young claimed that,
although he had two guns in his boots, he did not use the weapons to
gain entrance to the vehicle. When Young jumped into the car, the
girl asked him not to hurt her. Young replied, "I ain’t going to
hurt you lady, all I want to do is get away." Young described the
girl as "kind of big girl, brown headed," with short hair. Young
stated that prior to "putting her out" he took some of her credit
cards. He then drove through Alabama to Florida, back to Alabama,
arriving at the ex-girlfriend’s residence four days later. While
being detained, Young signed a waiver of rights form. He was
informed by Mississippi law enforcement officers of charges pending
against him in Mississippi. He was advised that he had a right to
refuse to return to Mississippi, and that the officers could then
extradite him. Young was further advised that he could sign a waiver
of extradition and the officers could transport him immediately to
Mississippi. Young signed the waiver of extradition and was taken
into custody by Sheriff F.D. Buddy East of Lafayette County,
Mississippi. At the Lafayette County Jail, Young was placed alone in
a cell. He had access to a television and a pay telephone. On
November 30, 1999, Memphis Police Sergeant Gerald Blum and his
partner, Sergeant C.W. Cox, traveled to Oxford, Mississippi, to
question Young regarding his involvement in Hillary’s disappearance.
Young advised Sergeant Blum that he approached Hillary’s car in
midtown Memphis. Armed with two pistols, he entered the car and
forced Hillary to drive around the city and then along Highway 64.
Eventually, he released the victim and drove away. When Sergeant
Blum asked Young about what he should tell the victim’s family,
Young responded, "Tell them I’m not the one that hurt her. . . .
Well, if she’s hurt." On December 3, 1999, Special Agents C.M.
Sturgis and Joseph N. Rinehart from the Federal Bureau of
Investigation (FBI) in Memphis arrived at the Lafayette County Jail
to interview Young. The FBI became involved in the
investigation upon discovering that the offenses had crossed state
lines and that Hillary’s credit card had been used in Alabama,
Georgia, and Florida after she was reported missing. The agents were
met by Young’s attorney and Sheriff East and taken to Young’s cell.
Young was the only inmate confined to the area, and during the
interview he and the agents sat at a picnic table in the common area
outside his cell. Prior to questioning, Young was verbally advised
of his rights and indicated that he was willing to speak with the
agents. Thereafter, the agents watched television and discussed
general topics with Young. Young was free to move about the common
area and spent much of the time watching a football game on the
television. Young was also provided coffee and food. After Young ate
dinner, Agent Sturgis took some photographs of Hillary from an
envelope and laid them on the picnic table, remarking that "she was
such a pretty child, and it’s just a shame that we can’t find her."
Young ignored the photographs and returned to his cell. Shortly
thereafter, he returned to the table, tapped Agent Sturgis on the
chest, and said, "Basically, I’m fixin’ to give you something." He
asked for a pen and on the back of the envelope he drew a little
area - looked like an S curve. And then a round area. And he started
describing a field that was ten to fifteen acres of four-inch,
winter-wheat crop that had been planted; that there was a brush pile
directly in - as you pulled in on the cut-in - a little gravel road
off the . . . paved road – that there would be a cropping of trees
to your left, that there would be a large agricultural fuel tank
past the trees that was silver-colored but rusting; and that, "Next
to that, under two pieces of tin, you will find what you’re looking
for." This information was relayed to other officers, but the
officers were unable to locate the area described by Young. Later
that evening, after an exhaustive attempt by Young to explain where
Hillary’s body was located, Sheriff East suggested that they place
Young in a patrol car and allow him to direct them to the location
of the body. With Young directing him, Sheriff East drove from
Oxford to Olive Branch to - up No. 7, up into Tennessee, crossed 72,
and on up . . . in Tennessee. . . . We went straight up 7, crossed
72 highway, and kept going. We turned up there to the left like we
was going to Somerville. . . . . We was in Marshall County. We left
Lafayette and went into Marshall, and then we went to Fayette
County, Tennessee, I think." Sheriff East stated he "had no earthly
idea where he was." It began to rain and was very dark. Sheriff East
explained that he "kept driving around and missing a road that was
hard to find." Finally, Young instructed Sheriff East to drive "real
slow." After taking "another little turn, Young instructed Sheriff
East to drive off the blacktop into a field. Young then stated,
"Right out there to the left under a piece of tin." Approximately
two and a half hours after leaving the Lafayette County Jail, the
officers discovered Hillary’s body beside the piece of tin as
described by Young. Darren Goods, a Memphis Police Officer assigned
to the FBI Safe Streets Task Force, was assigned to the
investigation into the disappearance of Hillary. Officer Goods and
his partner, Chad Golden, were alerted that Hillary’s vehicle had
been located in Mississippi. The officers went to Mississippi to
escort the vehicle to Tennessee. On December 4, 1999, Sergeant Blum
returned to the Lafayette County Jail to interview Young.
During this interview, Young stated that he had taken a Bronco and
driven to Texas. Upon returning to Memphis, his niece advised him
that the police were looking for him. Young left the Bronco parked
on the street and began walking. As he crossed the street, a girl
drove up and asked him a question. Young stated, "I jumped in the
car with her, . . . told her I needed a way to get out of town and .
. . took her and her car, out of town. I dumped her off out there in
Shelby County and I hid her body under some tin." Young admitted
that he had two weapons on his person, but stated that they were
concealed in his boots. He advised the girl that he was not going to
hurt her, and she did not fight or resist. The girl told Young that
she was from Chicago and "asked where he was from." Young admitted
that he was responsible for Hillary’s death, but claimed that he was
unable to recall how her death occurred. He stated that, at some
point, Hillary pulled a knife from behind the seat and he had to
disarm her. During the altercation, Hillary "got cut." Young stated
that he dragged Hillary twenty yards, during which time Hillary was
moving. Young claimed that as he placed Hillary under the piece of
tin, he "had to move her and her pants slid down to her knees . . .
." Young drove away in Hillary’s car. At 2:00 a.m. on December 4,
1999, Hillary's mother received a telephone call from the Midwest
Bureau of the FBI. Hillary's mother learned that her daughter’s body
had been discovered. Two days later, Hillary's mother attended a
memorial service for her daughter at the University of Memphis. Dr. O.C. Smith, the Shelby County Medical Examiner, performed an autopsy
on Hillary’s body. Dr. Smith initially responded to the location
where the body was discovered. Dr. Smith described the scene: She
was lying on her back. She was wearing a brown sweater, had green
cargo-type trousers that were present down about her ankles, and
there had been some muddy soiling to her skin, and there had been
some recent animal activity as well. Thereafter, Hillary’s body was
taken to the forensic center for further examination. Dr. Smith
described the examination as follows: The examination of Ms.
Johnson’s body was significant for the findings of bruises that were
about her right orbit – bruises on the right side of her neck; three
bruises – three round bruises along the line of the left jaw;
bruises on her left chin, and on the back of the right thigh. There
were also indications of a stab wound in the clothing – upper body
clothing - the brown sweater at the left back just below the
neckline, and that was adjacent to a stab wound found in the same
position on her back, which was in the left upper back about 55
inches above the heel and 3.4 inches to the left of the centerline
of the body. X-rays indicated that there was a retained knife blade
present in her left chest cavity. At autopsy, the surgical incisions
revealed the presence of that knife blade going through the skin and
the subcutaneous tissues. It went between the third and fourth ribs
on the left side. It went through the left upper lobe of the lung.
It went into and out of the aorta, which is the largest artery in
the human body. The maximum measured depth of penetration was 5.77
inches into her body. The wound itself was responsible for the
production of a condition known as a hemathorax in which blood
collects in the chest cavity on the left side of the body. That
accumulation of blood compressed the left lung. It also pushed
organs of the chest over to her right side. This is a condition
which can cause interference with the heartbeat by interfering with
the flow of blood to and from the heart as well as the damage to the
lung itself as well as the compression of the lung. The right lung
was affected by a condition known as pulmonary edema. When the
person goes into shock, when a heart begins to fail, the air sack in
the lung can fill up with fluid. And so she had a finding of
pulmonary edema on the right lung as well. And additionally,
examination of the genital area showed that there were two blue
fibers recovered from the immediate genital region. Dr. Smith opined
that the bruising to Hillary’s person occurred less that two hours
prior to her death. He further concluded that Hillary lived only a
matter of minutes after receiving the knife wound. Dr. Smith
concluded that the death of Hillary Johnson was the direct result of
the knife stab wound to the back. Based upon the foregoing evidence,
the jury convicted Young of first degree premeditated murder, theft
of property over $1,000, and especially aggravated kidnapping.
During the penalty phase, the State presented the testimony of Dr.
Ronald Sundstrom, a professor of philosophy at the University of
Memphis. Dr. Sundstrom testified that Hillary was his teaching
assistant and a graduate student in the philosophy department. He
explained that as his teaching assistant, Hillary was in charge of
one-third of his students. The victim’s responsibilities included
grading papers, teaching discussion sessions with the undergraduate
students, and counseling students. Dr. Sundstrom related that
Hillary’s murder had a "tremendous" impact on the undergraduate
students she "mentored," her associate graduate students, and the
faculty. Many students were unable to finish the semester, and the
entire philosophy department "ground to a halt." One student
"dropped out." Hillary’s mother testified that the entire family
continues to suffer as a result of her daughter’s murder. She said
that Hillary’s brother had difficulty in school and Hillary’s father
had been unable to continue in his endeavors to start a new
business. Moreover, at the time of Hillary’s disappearance,
Hillary's mother was completing an undergraduate degree in
philosophy and found it difficult to finish. Although she was in
graduate school at the time of trial, she had been unable to
complete certain courses as a result of being unable to focus. Prior
to Hillary’s disappearance, Hillary had fought with her best friend,
and her friend was distraught because she can never make amends with
Hillary. According to Hillary's mother, the friend had sought
therapy and admitted herself to a hospital, fearing she would take
her own life. Hillary's mother further testified that two of
Hillary’s former boyfriends found it difficult "to cope with her
death," and Hillary’s aunts, uncles, and grandmothers "all struggled
to understand how to get up each day and go on without Hillary." The
State also presented the testimony of Joe Warren, a criminal court
clerk, regarding Young’s prior felony convictions. The clerk’s files
reflected that on June 24, 1974, Young pled guilty to three counts
of robbery with a deadly weapon. On June 11, 1974, a jury convicted
Young of rape, and Young pled guilty to robbery with a deadly
weapon. The Circuit Court Clerk of Lafayette County, Mississippi
presented clerk’s files reflecting that on July 19, 2001, a jury
convicted Young of one count of kidnapping and on October 20, 2001,
although indicted for capital murder, Young pled guilty to one count
of manslaughter. A resident of Oxford, Mississippi testified that on
November 15, 1999, he was preparing for work when he heard his wife
scream. He ran outside and observed Young attempting to force his
wife into a car. The man ran toward Young until Young pointed a
shotgun at him and ordered him to stop. As the man’s coworker turned
to run, Young again "drawed the shotgun up and said he was gonna
kill that F-ing punk because he didn’t like him anyway because they
had problems." Young said that he wanted the man’s wife "to take him
off." The man told Young, "No, you take me. You ain’t taking my
wife." The woman handed the car keys to her husband. Both men got
into a 1997 Lumina, the man in the driver’s seat and Young in the
passenger seat. With the shotgun aimed at the man’s head, Young
ordered him to drive to Pea Ridge Road. Apparently, Young knew the
man’s mother-in-law, because he told the man to tell her that he
"blew her house up, which he did – he blew it up in Water Valley.
And he said, ‘Tell her I’m coming back, and I’m gonna take her down
to Turner Road, and I’m gonna blow her head off.’" Eventually, the
car ran out of gas. Young abandoned the vehicle and walked into the
woods. Buddy East, the Sheriff of Lafayette County, Mississippi,
testified that as a result of the kidnapping of this man, he learned
that Young had threatened to harma man named William Bramlett.
Sheriff East immediately ordered deputies to locate Mr. Bramlett.
Upon locating Mr. Bramlett, the deputies advised him of Young’s
threats and continued to search for Young to no avail. The following
morning, William Bramlett was reported missing by his sister. On
November 17, 1999, William was found dead in his trailer. He had
been shot in the back of the head with a .22 caliber pistol. His
pickup truck was later discovered in Hardeman County, Tennessee,
three miles from Jessie Cochran’s residence. The defense presented
no testimony. At 9:05 p.m., following submission of the
instructions, the jury retired to consider the verdict.
Deliberations continued until midnight and resumed at 10:00 a.m. the
following morning. At 11:10 a.m., the jury returned its verdict,
finding that the State had proven the aggravating circumstances,
that the defendant was previously convicted of one or more violent
felonies other than the present charge; that the murder was
committed for the purpose of avoiding, interfering with or
preventing a lawful arrest or prosecution of the defendant or
another; and that the murder was committed during the perpetration
of a felony. The jury further found that the aggravating
circumstances outweighed any mitigating circumstances beyond a
reasonable doubt. In accordance with their verdicts, the jury
sentenced Young to death for the premeditated murder of Hillary
Johnson. *There are still appeals pending in this case and the
execution is not expected to take place on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 21, 2007
|
Oklahoma |
Jo Talley Cooper
Unborn Cooper child
Debra Anne Stevens |
Frank Welch |
executed |
|
On February 25, 1987,
Tracy Cooper arrived at his Norman home around 1:00 p.m. and found
his wife, Jo Talley Cooper, lying dead in their living room. She was
nude and had leather straps forming a ligature around her neck that
also went down her back binding her hands. She had a piece of duct
tape covering her mouth and one of her seven-month-old child's toys
inserted in her vaginal area. The Coopers' seven-month-old child was
unharmed and in his crib in his room. The physical and
circumstantial evidence at trial supported the State's theory that
Frank Duane Welch secured entry into the Coopers' home by posing as
a Norman Cablevision employee [Welch was fired from his employment
with Norman Cablevision prior to the day of the murder, but retained
possession of his employee uniform] as there were no signs of forced
entry and the Coopers' dogs were found secured in the garage, the
location where Jo Cooper kept them when repairpersons were working
who needed access to the backyard. After gaining secure entry, Welch
bound Jo with leather straps and tightened the straps around her
neck causing her death by ligature strangulation. Welch then raped
Cooper, shoved a toy pylon into her vagina and left. The medical
examiner testified Cooper's anal swab was positive for sperm and
that she had perianal peri-postmortem tears which indicated the
tears were sustained immediately after or during death. The medical
examiner testified that Cooper had also sustained a peri-postmortem
vaginal tear which was consistent with a trauma that could be caused
by the insertion of a plastic toy like the one found in her vagina.
The medical examiner also noted that Jo Cooper was approximately
twelve weeks pregnant. This case remained unsolved for approximately
ten years until Welch's name surfaced when his DNA was matched to a
similar crime scene in the ten-year-old unsolved Debra Stevens
homicide case in Grady County. Thereafter, Norman police detective,
Steve Lucas, obtained a sample of Welch's blood and had DNA testing
performed. Welch's DNA matched the DNA from sperm found on a towel
at the Cooper home and charges were filed. On February 25, 1997,
Welch was charged by information in the District Court of Cleveland
County, Oklahoma, with one count of first degree malice aforethought
murder. On July 10, 1997, the State filed a bill of particulars
alleging the existence of two aggravating factors: (1) that the
murder was especially heinous, atrocious and cruel; and (2) the
existence of a probability that Welch would commit criminal acts of
violence that would constitute a continuing threat to society in the
future. Approximately one month prior to trial, the prosecution
filed a notice stating that it intended to introduce at trial
evidence that on or about May 6, 1987, in Grady County, Oklahoma,
Welch forcibly raped and killed by means of strangulation a woman
named Debra Anne Stevens. The case proceeded to trial on March 23,
1998. The first reference to the Stevens murder came during the
direct examination of Stephen Lucas, a detective with the Norman
Police Department. Lucas, who had been assigned as the primary
investigator for the Cooper murder in November 1989, testified that
in October 1996 the investigative team received a telephone call
from Ed Briggs, an agent with the Oklahoma State Bureau of
Investigation (OSBI). Briggs indicated that Welch had been
identified as a suspect in the Stevens murder, which occurred in a
similar fashion less than three months after the Cooper murder, and
suggested that they look at Welch as a suspect in the Cooper murder.
Following the tip from Briggs, Lucas testified that he obtained a
blood sample from Welch and that the results of the DNA testing of
that sample led to Welch being charged with the murder of Cooper.
Lucas also testified that his investigation revealed that the two
murders were similar in several respects. In particular, Lucas
testified that each murder occurred the day after Welch appeared in
court on criminal charges. Further, Lucas testified that Stevens'
body was found bound in a manner similar to that of Cooper's body,
and that both bodies were positioned in a similar manner at the time
of their discovery. Following Lucas' testimony, the prosecution
proceeded to introduce several witnesses who described the key
details of the Stevens murder that were similar to those of the
Cooper murder. Stacie Stromberg, the daughter of Debra Stevens,
testified about discovering her mother's body in their home on May
6, 1987. According to Stromberg, her mother was laying face up on
her bed with a rope around her neck. Stromberg also testified that
she found the family dog, which normally had the run of the house,
locked in her sister's room. Robert Lee, an OSBI agent who assisted
in the investigation of the Stevens murder, testified that Stevens'
naked body was found laying face-up with a small rope tied tightly
around her neck, her hands bound tightly behind her with the same
small gauge rope found around her neck, and white tissue or toilet
paper stuffed in her mouth. Larry Balding, the deputy medical
examiner who performed the autopsies on both victims, testified that
Stevens died as a result of ligature strangulation, and that sperm
was found in vaginal swabs taken from her body. Lastly, Mary Long, a
criminalist with the OSBI, testified that she performed DNA testing
on the sperm samples taken from Stevens' body, and that those
samples matched the DNA found in a blood sample given by Welch. At
the conclusion of the first stage evidence, the jury found Welch
guilty of first degree malice aforethought murder. At the conclusion
of the second-stage evidence, the jury found the existence of the
two aggravating factors alleged in the bill of particulars and
recommended that Welch be sentenced to death. The trial court
formally sentenced Welch on April 3, 1998, in accordance with the
jury's recommendation. In a letter to the Oklahoma Parole Board,
Jo's 21-year-old son Travis said, "It would be different if my
mother would have died of natural causes. It would be different if
it was God's will, but the truth is that an evil man named Frank
Welch took her life. And the unspeakable things he did to her, my
mother, is what fills me with anger, the pain, and the loneliness
that I feel to this day." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 22, 2007
|
Texas |
Kathyanna Nguyen |
Johnny Conner |
executed |
|
In May 1998, the
victim, Kathyanna Nguyen, lived with Tony Tostado behind her grocery
store in north Houston. Tostado owned a restaurant located next door
to the grocery. On the afternoon of May 17, 1998, Tostado ate lunch
with Kathyanna and then went over to his restaurant to clean up.
Shortly thereafter, Julian Gutierrez stopped by the grocery to get
some gas. After pumping the gas, Gutierrez entered the store to pay
and heard someone say, “Give me all your money.” Gutierrez looked up
from counting his own money, to see a man pointing a gun at
Kathyanna’s chest. When the robber saw Gutierrez, he turned and
pointed the gun at him. Gutierrez dropped the money he was holding
and ran from the store. As Gutierrez ran, the robber fired the gun
at him, hitting him in the shoulder. Hearing several more gunshots,
Gutierrez turned to see the robber shooting at Kathyanna Nguyen.
Gutierrez later identified Conner as the robber. Hearing gunshots,
Tostado locked the doors to his restaurant and hurried over to the
grocery. Upon entering the store, Tostado saw a man with a gun.
Although Tostado attempted to grab the assailant, the man was able
to get out of the store and run away. Tostado then saw Kathyanna on
the floor behind the counter bleeding profusely. He immediately
called 911. Other individuals who were outside nearby businesses saw
the assailant as he fled the grocery, and several noted that the man
was holding his hand underneath his shirt as he ran. Agnes
Hernandez, who was stopped at a nearby intersection in her vehicle,
decided to follow the robber to see where he went. Christine Flores
was also driving in the area when she saw a man running down the
street and had to slow down in order to avoid hitting him. The man
looked directly at Flores as he ran. Flores later identified the man
as Johnny Ray Conner. Finally, Michael Hamilton was driving with his
wife, Martha Meyers, near the scene when they saw a man running from
the grocery. As the man crossed the road in front of them, he turned
to look back towards the grocery store at which time Meyers was able
to see his face. Hamilton and Meyers followed Hernandez as she
followed the fleeing suspect. The assailant ran for some distance
before he reached a vehicle, got inside, and drove away. Hernandez
continued to follow the assailant, seeing him almost run over a man
and child as he sped away. Eventually, the suspect made his way to a
freeway feeder road where he drove over the grass median to enter
the freeway. Hernandez did not follow the vehicle onto the freeway,
but returned to the scene and told Tostado the direction in which
the vehicle had fled. At the scene, Tostado and several others
entered the grocery to help Kathyanna Nguyen. Several witnesses
noted that there was money scattered and a great deal of blood on
the floor around Kathyanna’s body. The cash register was open and
there was blood inside the drawer. The police also discovered a
juice bottle on the floor near the counter from which they recovered
Conner’s fingerprint. When the investigation of the crime narrowed
to focus on Conner, Conner’s photograph was included in a photo
spread of suspects for witnesses. Three separate witnesses
identified Conner from the photo spread. Conner turned himself in to
the Harris County Jail on June 17, 1998. At the punishment phase of
trial, the State proved up Conner’s commission of various prior
offenses including possessing cocaine in January, 1991; breaking
into a school in June, 1991; attempting to rob an individual in
July, 1994; and committing several instances of domestic abuse
involving two separate women in 1995 through 1997. UPDATE: More than
nine years after his crime, Johnny Ray Conner was executed for the
murder of Kathyanna Nguyen. Conner asked for forgiveness repeatedly
and expressed love to his family and his victim's family, who
watched him through windows in the death chamber. "I want you to
understand," he said. "I'm not mad at you. When I get to the gates
of heaven I'm going to be waiting for you. Please forgive me." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 23, 2007
|
Alabama |
John Robert Kirk |
Luther Williams |
executed |
|
On January 22, 1988, a
1981 dark blue Oldsmobile Regency automobile was stolen from a motel
parking lot in Birmingham, Alabama. In the trunk of this vehicle
was, among other items, a .22 caliber pistol. A dark blue car
arrived at the Smithfield housing project in Birmingham later that
same evening and Luther Jerome Williams was identified as the sole
occupant. On the morning of January 23, 1988, John Robert Kirk was
on his way home from work. He stopped his vehicle – a red 1984
Chevrolet pickup truck with a camper on the back – near the West
Blocton exit on Interstate 59 South in Tuscaloosa County. Williams
and two men were traveling south on Interstate 59 in the stolen
Oldsmobile. After noticing the victim’s vehicle beside the road,
they stopped and confronted him. Williams led the victim to a nearby
wooded area and shot him once in the left side of the head,
‘execution style,’ with the .22 caliber pistol which had been in the
trunk of the stolen Oldsmobile. The victim’s body was left at the
site of the shooting, and his money and vehicle were taken. Later
that same morning, several witnesses identified Williams as the
driver of a red ‘camper truck’ which was parked at the Smithfield
housing project. One of these witnesses, Priscilla Jones, a relative
of Williams', testified that Williams had visited her on the day of
the murder. She stated that Williams told her that ‘he had killed a
white man and stole his truck,’ and that he proceeded to show her
the weapon, which she described as having a white handle. On the
night of January 24, 1988, after responding to a call placed by a
Rosie Mims, members of the Birmingham Police Department interviewed
Priscilla Jones regarding Williams. During this interview, the
Birmingham police learned of Williams' statement to Ms. Jones
concerning the shooting of a white man. They were also informed that
he was staying at an apartment in the housing project, and that he
was an escapee from the supervised intensive restitution (SIR)
program. During the very early morning hours of January 25, 1988,
after verifying that Williams had indeed escaped from the SIR
program and that a warrant was still outstanding, the Birmingham
police went to the apartment in the Smithfield housing project where
Williams was reportedly staying. The officers talked with the lessee
of the apartment, Margie Bush. They inquired as to the whereabouts
of Williams and his girlfriend, Debra “Bootsie” Bush. Margie Bush
turned toward a curtain which separated the front of the apartment
from the back bedroom and shouted for Bootsie, who then appeared
from behind the curtain. Bootsie stated that she did not know where
Williams was at that time. However, one of the officers happened to
look behind the curtain and saw Williams lying in the bed. After a
struggle, Williams was taken into custody. The supervising officer
then informed Margie Bush that Williams was thought to have a gun
and requested permission to search the apartment for it. Margie Bush
gave her permission. During the search, Bootsie stated that Williams
had hidden the gun in the bedroom. The murder weapon was found
inside a black purse located on top of a dresser in the room in
which Williams was apprehended. Williams was indicted on April 29,
1988, for the murder of John Robert Kirk during a robbery. After his
indictment, Williams was sent at his own request to the Taylor
Hardin Secure Medical Facility for an evaluation of his mental
competency to stand trial. Evidence was presented at trial that
while at Taylor Hardin, Williams made the statement ‘I have killed
one white m___ f____; I’ll kill another one.’ However, there was
some conflict regarding the person to whom the statement was
directed. Williams was found to be competent to stand trial and was
discharged from the facility on December 23, 1988. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 28, 2007 |
Texas |
Patricia Slack Colter, 53
Duane R. Colter, 44
Luva Congleton, 58
Alvin "Buddy" Waller, 54 |
Daroyce Mosley |
executed |
|
Daroyce Lamont Mosley
was convicted of capital murder for the death of Patricia Colter on
October 28, 1995, and sentenced to death on November 3, 1995.
Patricia Slack Colter, a Wal-Mart employee, her husband Duane Colter,
who worked at a local ceramic company, her ex-husband Alvin Waller,
and Luva Congleton, were keeping 32-year-old waitress Sandra Cash
company as she closed up Katie’s Lounge in Kilgore, Texas on July
21, 1994. Sandra was placing the receipts for the evening in a
tackle box Katie’s used to store money. She looked out the window
and saw two men walking up and joked that she would have to make the
men mad because she had already "closed everything up." At
approximately 11:45 p.m., two armed men wearing ski masks kicked
open the door. The first man through the door said, “Give me the
money, you white bitch.” Sandra and the four patrons of Katie’s were
white; Mosley and the others arrested for the robbery and murders
were black. While sliding the tackle box towards the gunman, Sandra
was shot in the wrist and went through her hand as she attempted to
shield her face. She was then shot in the stomach and fell to the
floor. She remembered hearing more gunfire but could remember little
else. Even in her shock induced state, she nonetheless managed to
call 911. "Please help me. I'm choking." Sandra had a total of nine
holes in her body from approximately three to six bullets, two of
which were recovered from her at the hospital, a third was found
behind the bar by police. Sandra had wounds to her wrist, hell,
right breast and abdominal cavity. However, the most serious wound
went across her upper body, perforating both lungs and going through
her pinal cord, and she was left paralyzed from the chest down. When
police and EMS arrived shortly thereafter, they discovered the
bodies of Patricia and Duane Colter, Alvin Waller, and Luva
Congleton as well as a gravely wounded Sandra Cash. The Colters were
found closest to the front door. Their bodies were face down and
blood was seeping from their heads into the carpeting. Autopsies
revealed that the Colters each died from a single gunshot wound to
the back of the head. Bullets were recovered. Luva was also shot in
the back of the head, but no bullet was recovered at autopsy. Buddy,
an oil well employee, was shot twice in the head - one through the
left eye and one in the back of the head - and once in the thigh;
any one of the three wounds would have been fatal. There was
gunpowder on Buddy's face, giving silent testimony that his killer
had put the gun directly against his eye before pulling the trigger.
Luva, a retiree, had tried to hide under the pool table but she was
shot where she was. Forensics determined that the gun that shot
Sandra was not the same gun that shot Alvin and the Colters. DaRoyce
Mosley, Marcus Smith, and Ray Don Mosley, Mosley’s uncle, were
arrested separately on July 22 after the police received several
tips. One such tip was from a man who lived across the street from
Katie’s Lounge. He informed police that Ray Don, along with Marcus
and Mosley, had spoken with him on July 21 outside his residence.
Ray Don, who was in possession of a pistol, told the informer that
there was some money in the area and that he had to have it. This
party of three left the man's property, and returned 30 minutes
later with a tackle box, requesting a ride. The informant stated
that Ray Don told him he had shot someone over at Katie’s Lounge.
Another tip was from “Kaboo”, Mosley’s best friend and Marcus’s
cousin. Kaboo told police that on the evening of the murders he saw
Mosley with a gun, which Mosley claimed to have gotten from a
neighbor. Mosley left, but returned with Marcus and Ray Don. Ray Don
stated that they had killed people in Katie’s Lounge. After Kaboo
expressed his disbelief, Mosley responded, “We did it.” Then Mosley
divided the contents of the tackle box evenly between Kaboo, Ray
Don, and Marcus, each party receiving $77.00. On July 22, 1994,
after pulling over Mosley to arrest Marcus, the police asked Mosley
if he would voluntarily go to the police station to answer some
questions. Mosley agreed. At first, Mosley averred that he had
nothing to do with the robbery and murders at Katie’s Lounge. After
the police received information from Marcus, however, they arrested
Mosley. At this point, Mosley made a second oral statement and
admitted to shooting two of the people at Katie’s Lounge. Mosley
requested and received the presence of his grandparents before
continuing further. In the third statement, which was transcribed,
Mosley insisted that the offense had been planned in advance, but
that once it was time to go through with the plan, he did not want
to participate. Although he admitted to being present at Katie’s
Lounge when the shootings occurred, he denied shooting anyone. He
also informed the police that he had been wearing a ski mask or
toboggan during the offense and had thrown it in the woods near the
informant's residence. Based upon information in the third
statement, law enforcement officers requested Mosley accompany them
in search of the discarded hat. A glove was found near the toboggan,
and Mosley then admitted to wearing a glove during the robbery. Law
enforcement agents explained to Mosley that they could tell by the
residue on the glove whether the person wearing it had fired a gun.
They asked if Mosley had anything to add to his previous statements.
At this time Mosley made another oral statement, indicating that he
had shot four people at Katie’s Lounge and Ray Don had shot the
woman behind the bar. After a period of rest, Mosley made his final
statement to police. Ray Don went in first and told everybody to
get down. They were still sitting up in the chairs and I heard a
shot. The people looked at me and it scared me and I shot a lady at
the table. I was about five feet from her and I shot her in the back
of the head. Another lady got up and ran. Ray Don told me to kill
them. Ray Don told me to shoot them or get shot. When I looked at
Ray Don, he was pointing the gun at me. He said this after I had
already shot the first lady. Then I shot a man who was sitting by
the first lady I shot. I don’t know where I shot the man at. I was
about the same distance I was when I shot the lady. By this time the
lady that ran had gotten under the pool table. I told the lady to
get out from under the pool table. Ray Don said, “Fuck that, shoot
her.” Then I shot the lady under the pool table twice in the head. I
bent down next to the pool table and shot her twice. Then Ray Don
was behind the bar and had shot behind there. I came from around the
pool table and another man was by the bar. The man got up and was
coming towards me with a pool stick. Ray Don said, “Shoot him boy,
shoot him.” I just turned my head away and shot three times. The man
fell after I had shot three times. Ray Don had gotten the money in a
big box from behind the bar. The box was dark colored. Then we ran
out and ran across the street. Ray Don started hollering and asking
me where Marcus was at. I kept telling him I didn’t know. Then we
saw Marcus come up behind us after we crossed Highway 136. Ray Don
asked Marcus where he had been and Marcus told him he had been
trying to break in a car. Marcus went into Katie’s when Ray Don and
I went in. After I shot the first lady, I looked around and Marcus
had left Katie’s. Helen Wrag, Luva Congleton’s niece, testified
that her aunt "...was a happy person. She liked people. Q. Did she
ever meet a stranger? A. No sir. Q. Was that part of her personality
that she did well with people? A. Yes sir, she had people that ask
for her [waitress] station." Tricia Kappan’s testified regarding her
mother Patricia Colter, her step-father Duane Colter, and her
father, Alvin Waller. "Well, Mamma and Daddy still loved each other,
but it was — they were like best friends. And when Mamma met Duane,
Mamma was his whole life. And they were just all friends. Daddy
lived in a trailer behind my mother’s house. He was going through a
tough time and needed a place to go. And so my mother had a travel
trailer behind her house, and he stayed there. And a lot of the
time, he just slept in the extra bedroom at the other end of the
trailer where Mamma and Duane were. They were just all really good
friends. And they hardly went anywhere without each other. They just
were all very close. Duane was a very special person to me. I was
sixteen. I was already grown. But when my mother met him and
introduced us, I was kind of shocked and everything, but the more I
was around him, the more you just couldn’t help but just love him to
death. He was just so sweet. He was like a big kid, you know. He was
just great. My mother was my sole supporter. She had been through so
much in her life that I felt like anything that she was going to
have to go through, that I was going to be there with her and I
could go through it with her. There was some times, you know, when
we would move away and my brother would stay with Grandmother, but I
couldn’t stand it. I was always afraid, you know, something might
happen to her or she wouldn’t be strong enough to pull through
something. I was just a kid, but I would think, you know, if I was
there, I could help her through it; I could pull her through. And
then whenever I got married, it was like I just wanted to prove to
her that I was a big girl and I could take care of myself and she
need not spend all of her money on me. She was always buying things
for everybody. I would just think if she wouldn’t buy stuff for
everybody else, she could buy it for herself. But I always thought I
would be there to take care of her and she would be there to take
care of me. And she was my right arm. She was my backbone." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 29, 2007 |
Texas |
Reza "Ray" Ayari, 32
unnamed victim |
John Amador |
executed |
|
During the early
morning of January 4, 1994, taxicab driver Reza “Ray” Ayari stopped
to pick up his friend Esther Garza, who occasionally accompanied
Ayari during his shifts. Garza had been drinking heavily that night
and had sought Ayari’s company because she was upset over a fight
she had recently had with her boyfriend. According to Garza’s
testimony, between 3:00 a.m. and 3:30 a.m., Ayari stopped on the
west side of San Antonio, Texas, to pick up two passengers, later
identified as eighteen-year-old John Joe Amador and his
sixteen-year-old cousin Sara Rivas. Amador asked Ayari to take them
to Poteet, Texas, a town approximately thirty minutes southwest of
San Antonio. Ayari replied that he would need twenty dollars in
advance. Amador indicated that he did not have twenty dollars, but
directed Ayari to a house where he could obtain the money. The house
was later identified as that of Amador’s girlfriend, Yvonne
Martinez. The cab stopped at Martinez’s house, Amador returned with
the money, and the four occupants--Ayari in the driver’s seat, Garza
in the front passenger seat, Amador in the seat behind Ayari, and
Rivas in the seat behind Garza--proceeded to Poteet. Garza testified
that when they reached rural Bexar County, the passengers directed
Ayari to stop in front of a house with a long driveway. As Ayari
drove toward the house, he was shot in the back of the head without
warning. Garza was shot immediately thereafter. Garza, who was still
alive despite sustaining a gunshot wound to the left side of her
face, later testified that she feigned death as Amador and Rivas
pulled Ayari and Garza out of the car, searched Garza’s pockets, and
drove off down the driveway, damaging the cab in the process. When
police arrived at the scene of the shootings, they found Ayari dead.
Garza was bleeding from the head and face, hysterical, and unable to
speak coherently. She was eventually able to tell the officers at
the scene that one of the suspects was male, that she had never seen
him before, and that he was 6’1”, possibly of Arabic ethnicity, and
had short black hair. It is undisputed that John Joe Amador is 5’6”
and Hispanic. Officers found .380 and .25 caliber shell casings at
the scene, and a .25 caliber bullet was removed from Garza’s nasal
cavity that night at the hospital. The cab was eventually found
abandoned in a median in the outskirts of San Antonio, and a woman
named Esther Menchaca later testified that she had observed two
people who resembled Amador and Rivas walking away from the cab in
the median as she drove to work in the early morning of January 4.
On January 10, 1994, after Garza had been released from the
hospital, she gave the Bexar County Sheriff’s Office a description
of the suspect to aid in creating a composite sketch. Garza also
spoke with lead investigator Detective Robert Morales and gave a
written statement, which reaffirmed the description she had given at
the scene, although she described the suspect as Hispanic rather
than Arabic as she had originally stated. On January 24, 1994,
acting on an anonymous “Crime Stoppers” tip, a Bexar County
Sheriff’s Deputy picked up Amador and his girlfriend Yvonne Martinez
from a San Antonio school and took them to the sheriff’s department
for questioning. Both denied any knowledge of or involvement in the
shootings. Officers also took their pictures and prepared photo
arrays to present to Garza, the only eyewitness to the crime. While
Amador and Martinez were still being questioned, Detective Morales
drove Garza to the sheriff’s department. Garza testified at a
pretrial hearing that Detective Morales showed her the photo array
containing Martinez’s picture while they were in the car en route to
the sheriff’s department. While Garza did not identify any of the
women in the photo array as a suspect, she did identify Martinez as
someone she knew from work and stated that Martinez was definitely
not the woman in Ayari’s cab the night of the shootings. When Garza
arrived at the sheriff’s department, the officers showed her a
second photo array, this time containing pictures of Hispanic males.
Garza was unable to identify any of the men as a suspect. The
officers then took her on a “show up” to view Amador and Martinez,
instructing her to look through holes that had been cut in a piece
of cardboard that was taped against the window of the homicide
office where Amador, Martinez, and a sheriff’s deputy were sitting.
Garza once again identified Martinez as a former co-worker and
confirmed that she had not been in the cab on the night of the
shootings. However, she was unable to identify Amador as the male
passenger in the car on the night of the shootings, telling the
officers that she did not know whether he was the shooter and that
“I’m just not up to that right now.” The following day, the officers
asked Garza if she would consent to be hypnotized in an effort to
enhance her memory and make her more confident in her
identification. Garza agreed, and on February 3, 1994, she underwent
hypnosis performed by Brian Price, a Bexar County Adult Probation
Officer who had training as an investigative hypnotist. During the
session, she confirmed her description of the suspect as a 6’1”
Hispanic male. Based on her description, a sketch artist rendered
another composite drawing of the suspect. On March 16, 1994, Garza
called Detective Morales and informed him that a friend had told her
that the two people who had done the shootings were named John Joe
Amador and Sara Rivas. She subsequently revealed that the source of
this information knew Martinez, whom the source had overheard
talking about the crime and whom Garza had previously recognized as
a former coworker when Martinez was sitting with Amador during the
show up in the Bexar County Sheriff’s Office. On March 30, 1994, the
officers again showed Garza a photo array, and this time Garza was
able to identify Amador as the male suspect in the cab on the night
of the shootings. The picture of Amador contained in the photo array
was taken the same day that Garza had observed him with Martinez
during the show up, and in the picture he was wearing the same black
shirt. She was unable to identify Rivas from another photo array. An
arrest warrant was issued for Amador, who had since gone to
California. An officer arrested Amador and brought him back to
Texas; Rivas was also arrested. On April 13, 1994, Rivas gave a
written statement to Detective Morales. Rivas alleged in her
statement that Amador had shot and killed Ayari and that, at
Amador’s instruction, she had shot Garza with a gun that Amador had
given her. Later that day, Sergeant Sal Marin told Amador that Rivas
had confessed to shooting someone at Amador’s direction. Amador then
gave a written statement to Sergeant Marin which, while inculpatory,
spoke in hypothetical terms. The next day, April 14, 1994, Amador
contacted Sergeant Marin to inquire whether his cousin was all
right. After assuring Amador that Rivas was fine, Sergeant Marin
asked Amador to accompany him to the scene of the crime and help him
locate the guns used in the shooting. Amador agreed to do so, but
the weapons were never found. While at the scene, Amador mentioned
that if he had committed the crime, he would have used .25 and .380
caliber handguns. The portion of Amador’s statement read into the
record at trial is as follows: My name is John Joe Amador. I am 18
years old and I live at 3907 Eldridge Street in San Antonio, Texas.
I have told Sergeant Marin that I am going to tell him about the
murder of the taxicab driver and the shooting of a young girl. I am
going to tell my side of the story the way I want it to come out. I
don’t need no attorney or anything for this. Sergeant Marin has read
me my rights and I understand my rights. During the early part of
January 1994, I don’t remember the date other than it was sometime
shortly after New Year’s Day, this is when this mess all started. It
was during the night. I don’t remember what time it was, but I do
know it was late. They say I shot and killed a taxicab driver and my
cousin Sara Rivas shot a young woman in the face. If this is true,
Sara would have shot the young woman because I would have ordered
her to do it. Sara is my cousin and she is not that type of a
person. She is from Houston and was visiting here in San Antonio
when all of this shit happened. She wanted to visit her grandma who
lives near Poteet, Texas, but she never made it over there. In this
situation I would have handed her a gun and I would have ordered her
to shoot the woman with that gun. If all of this stuff about the
murder is true and they can prove it in court, then I will take my
death sentence. This is all I want to say. I don’t want to say any
more. I will just wait for my day in court. Two other witnesses
provided testimony that tended to implicate Amador in the shootings,
Martinez and a witness named Esther Menchaca, who had driven by and
seen Amador and Rivas walking on the median after they had abandoned
the cab on the morning of January 4, 1994. Martinez testified that:
(1) Amador was her boyfriend; (2) Amador awoke her in the early
morning hours of January 4, 1994, by knocking on her window and
asked her for money for a taxi ride; (3) approximately two weeks
before January 4, 1994, Amador had told her that he “wanted to do
something crazy involving a taxicab”; (4) sometime during the
afternoon of January 4, 1994, Amador told her that he and his cousin
had taken a taxi to Poteet and had shot someone; (5) Amador
described the murder to her in great detail; and (6) Amador had
written her a letter from prison pressuring her not to testify.
Menchaca testified that, early in the morning of January 4, 1994,
she was on her way to work heading toward Poteet. At approximately
4:15 a.m. she observed an abandoned taxicab in the median of Highway
16 and saw a male and a female walking along side of the road. On
May 3, 1994, she positively identified Amador from a photo array as
the male she had seen walking down the road. On July 10, 1995, the
jury returned its verdict, finding Amador guilty of capital murder.
The punishment phase of the trial began that same day. On July 11,
1995, the jury sentenced Amador to death. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
August 30, 2007 |
Texas |
Michael T. LaHood, Jr. |
Kenneth Foster |
commuted |
|
On the evening of 14
August 1996, Kenneth Foster,
Mauriceo Brown, DeWayne Dillard, and
Julius Steen embarked on a series of armed robberies around San
Antonio, Texas, beginning with Brown’s announcing he had a gun and
asking whether the others wanted to rob people: “I have the strap,
do you all want to jack?” During the guilt/innocence phase of
Foster’s trial, Steen testified that he rode in the front seat,
looking for potential victims, while Foster drove. Steen and Brown
both testified to robbing two different groups at gunpoint; the four
men divided the stolen property equally. The criminal conduct
continued into the early hours of the next day (15 August), when
Foster began following a vehicle driven by a young woman named Mary.
At trial, Mary testified that she and Michael LaHood, Jr. were
returning in separate cars to his house; she arrived and noticed
Foster’s vehicle turn around at the end of the street and stop in
front of Michael LaHood’s house; Mary approached Foster’s car to
ascertain who was following her; she briefly spoke to the men in the
vehicle, then walked away towards Michael LaHood, who had reached
the house and exited his vehicle; she saw a man with a scarf across
his face and a gun in his hand exit Foster’s vehicle and approach
her and Michael; Michael told her to go inside the house, and she
ran towards the door, but tripped and fell; she looked back and saw
the gunman pointing a gun at Michael’s face, demanding his keys,
money, and wallet; Michael responded that Mary had the keys; and
Mary heard a loud bang. Michael LaHood died from a gunshot wound to
the face. The barrel of the gun was no more than six inches from
Michael’s head when he was shot; it was likely closer than that.
Brown had similarly stuck his gun in the faces of some of the
nights’ earlier robbery victims. Later that day, all four men were
arrested; each gave a written statement to police identifying Brown
as the shooter. In admitting being the shooter, Brown denied intent
to kill. At trial, he testified that he approached Michael LaHood to
obtain Mary’s telephone number and only drew his weapon when he saw
what appeared to be a gun on Michael LaHood and heard what sounded
to him like the click of an automatic weapon. In May 1997, Foster
and Brown were tried jointly for capital murder committed in the
course of a robbery and they both were sentenced to death. UPDATE:
With two brothers of his victim watching nearby through a window,
Mauriceo Brown was executed in July of 2006. Brown spoke to the
victim witnesses and told them he was "sorry you lost a brother, a
loved one and friend." Brown looked toward another window where his
mother and two siblings were among the witnesses. He told them he
loved them. "Keep your heads up and know that I will be in a better
place," he said. He then looked again toward his victim's relatives
and friends and apologized a second time that you "lost a loved one
this way. God bless you all." Jack McGinnis, one of the prosecutors
in the cases against Brown and Foster, said, "They were out pretty
much on a rampage, stoned to the bone, victimizing people." "It is
painful for us," said Norma LaHood, Michael's mother. "Our wounds
will never heal. You don't heal from the loss of a child." |
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