|



| |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| September
5, 2007 |
Texas |
Ronnie “Kitten” Hewitt |
Tony Roach |
executed |
|
In June 1998 firefighters found
the body of Ronnie “Kitten” Hewitt inside her burning apartment in Amarillo,
Texas. Though the fire burned her body, it was determined that she died from
asphyxiation from being choked by a belt found tightened around her neck; she
likely had been sexually assaulted; and someone set fire to her house using
aerosol hair spray. Later that month, police officers in Oklahoma questioned
Roach about an unrelated crime, and during the questioning Roach confessed to
killing a woman named Kitten in Amarillo. He signed a written confession in
which he stated that he entered Hewitt’s apartment through a window, confronted
her, and choked her with his arm and then with a belt until she died. Then, he
raped her vaginally and anally and took money, a knife, a beer, and some rings.
Finally, he described using hair spray to set the apartment on fire. A knife
identified as Kitten’s and two of her rings were retrieved from pawn shops in
Amarillo and in Guymon, Oklahoma, along with pawn slips signed by Roach. Semen
was present in vaginal and anal swabs. Roach was excluded as the contributor of
the vaginal swab, but the DNA profile of the contributor of the semen found in
the anal swab matched his DNA in ten different areas; such a profile would occur
in only one in six billion Caucasians, Blacks, or Hispanics. A jury convicted
Roach of capital murder, and he was sentenced to death. UPDATE: Tony Roach
was executed after apologizing to the family members of his victim who had come
to watch him die. Roach repeatedly asked for forgiveness from the fiancé and the
daughter of his victim, who stood a few feet away looking through a window. "So
much hurt I've caused you all," Roach said. "I can only imagine how you feel. I
pray the Lord Jesus Christ touches your heart the way he's touched mine." Saying
that he was to blame for the killing, Roach said he knew the victim was "in a
good place. I can't agree with this justice the state is carrying out, but I
accept it and I'm sorry," he said. "I have no ill will toward anyone carrying
out this so-called justice. I leave y'all in God's care." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 11, 2007 |
Tennessee |
Edith Russell |
Edward Harbison |
stayed |
|
On January 15, 1983,
Frank Russell returned home from work to discover that his wife,
Edith, had been murdered. The Russells rented an apartment at the
back of their Chattanooga, Tennessee, house to a tenant who, at that
time, was away on vacation, and Mrs. Russell’s body was found inside
this apartment. Medical examiners determined that the cause of her
death was “massive multiple skull fractures with marked lacerations
of the scalp and head, expelling brain tissue and literally crushing
the victim’s face and disfiguring her beyond recognition.” Mrs.
Russell was last seen that afternoon at a neighborhood market, where
witnesses spoke with her between approximately 2:30 and 2:45 p.m.
Bags of groceries and ignition keys were found in Mrs. Russell’s
car, which was parked in the driveway, when her body was discovered
near midnight. Nothing in the record indicates a precise time of
death. The logical inference is that Mrs. Russell was killed a short
time after purchasing the groceries in the middle of the afternoon,
or else she would have taken them and her keys out of her car.
Moreover, the porch lights were off. Her husband said she always
left the outside lights on for protection. The Russells’ house and
the rented apartment were burglarized. Missing items included “a
television, two cable television converters, a quartz heater, a
Polaroid camera, a silver Cross pen and pencil set, a jeweler’s
loop, a jewelry box, antique jewelry, a marble vase, and Mrs.
Russell’s purse.” The police later found the quartz heater, the
Polaroid camera, the pen and pencil set, and the jeweler’s loop in
the residence of Edward Jerome Harbison’s girlfriend who was also co-defendant
David Schreane’s sister. The jeweler’s loop was found in Harbison’s
shaving kit. In an adjacent unoccupied apartment, the police found
Mrs. Russell’s purse, a jewelry box, and two large paper bags
containing antique glassware and brassware. The stolen television
was found in the residence of Schreane’s girlfriend. Schreane was
taken into custody and questioned on February 21, 1983, when he led
police to the missing marble vase. Chemical testing later revealed
the presence of blood on the vase. Furthermore, debris that was
vacuumed from the carpet in Harbison’s car revealed crystalline
calcite fragments that were consistent with the marble vase.
Harbison also was arrested on February 21, 1983. In a taped
statement, he confessed to killing Edith Russell. Harbison stated
that after he drove his girlfriend home from work, he and Schreane
went to the Russell home, determined that it was empty, and used a
screwdriver to break into the residence. While he and Schreane were
carrying the stolen items from the house and the apartment to their
car, Mrs. Russell returned home. Harbison contended that he thought
Mrs. Russell was reaching for a gun, so he grabbed her. He stated
that he hit her with the marble vase, “at the most” two times. At
his trial, Harbison testified that he had not killed Mrs. Russell
and that he was not at the Russell house on the day of the murder.
He said that he was at his girlfriend’s home that afternoon and
evening. He asserted that his confession was coerced, and that the
police had threatened to arrest his girlfriend and take away her
children if he did not confess. He further testified that the police
had told him what to say and that his taped confession, which was
played to the jury, had been altered. Finally, he testified that he
had purchased the jeweler’s loop at a pawn shop. Harbison was
convicted and sentenced to death. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 12, 2007 |
Tennessee |
Stephen Edward Holton, 12
Brent Holton, 10
Eric Holton, 7
Kayla Marie Holton, 4 |
Daryl Holton |
executed |
Daryl Holton was convicted of four counts of premeditated first
degree murder for killing his four children in 1997. All four
children, twelve-year-old Stephen Edward Holton, ten-year-old Brent
Holton, six-year-old Eric Holton, and four-year-old Kayla Marie
Holton, were shot to death with a Russian SKS semi-automatic assault
rifle, police said. Kayla was not Holton’s daughter, but he
considered her his child. Holton, who had been involved in a custody
fight with his ex-wife, turned himself in at the police station and
said he had killed the children. They were found, shot to death, in
rooms Holton had been living in behind an auto repair shop owned by
his uncle. Holton and his ex-wife had married in 1984. Holton was in
the Army at the time and was deployed to Germany. The couple had two
sons during the Germany assignment. Holton was then stationed in
Georgia for a time before volunteering for service in Saudi Arabia.
His family remained in the US, and their third son was born during
this time. Around this time, Holton's paychecks began to be routed
incorrectly and his wife experienced some serious financial
problems. Additionally, she left the children alone overnight while
out at a dance hall. Police and children's services representatives
greeted her upon her return. She was allowed to retain custody of
the children, but voluntarily placed them in the care of Daryl
Holton's father in Tennessee and went to live with a friend in
Georgia. Holton secured an emergency leave of absence when he
learned of these problems, but could not resolve the problems in the
marriage and eventually returned to the middle east and left the
children in his father's custody. Their mother lived for a time in
Indiana then South Carolina. Upon his return to Georgia in 1992,
Holton obtained a divorce from his wife on grounds of desertion, and
gained custody of the children. He obtained an honorable discharge
from the Army and moved to Tennessee. Holton took the children to
South Carolina to visit their mother two or three times a month. In
1993, Holton's ex-wife gave birth to Kayla who was the result of a
one-night stand with a black man. Holton accepted Kayla as his own
child and suggested that she be given his last name. During the
pregnancy, the couple began living together again. They did not
remarry but lived together as a family again for about 2 years.
However, Ms. Holton was drinking very heavily during this period and
this resulted in some violent fights with her husband. She
eventually moved out of the apartment and went to a shelter with the
children. They then moved into public housing in Murfreesboro. When
Holton finally learned of their location, he began visiting the kids
daily. Eventually the court awarded him weekend visitation. He told
his ex-wife that he was concerned about the crime rate where she
lived and also complained to her about the lack of housekeeping and
the condition of the apartment. In 1995, an incident occurred where
Holton had the children for the weekend and upon returning them,
refused to let them get out of the car. He told his ex-wife that she
had to get into the car in order to see them. She said she did not
see any weapons, but got the impression that Holton was armed. She
refused to get in the car, and Holton drove away, saying that she
was "going to regret it." She immediately called the police, and
Holton heard the report on a police scanner in his car so he drove
to the police station and surrendered the children. Thereafter,
Holton periodically threatened his ex-wife that she would regret it
if she ever took his children away from him. Holton continued
visitation with the children until the late summer or early fall of
1997, at which time his ex-wife obtained an order of protection
against Holton and moved to a new address. Holton was not informed
of the move and did not see the children again until November 30,
1997, the day he murdered them. Ms. Holton had begun living with a
man who had a young daughter. On Thanksgiving, she called Holton and
told him that the children missed him and wanted to see him. They
made arrangements for him to pick them up on Sunday, November 30th
and return them by 9:30 that evening. On Sunday, the children
appeared to be excited about the scheduled visit with their father.
Brent drew his father a picture inscribed with the words, “From
Brent and Kayla. I love you Daddy.” Also, when the Holtons met at
the Wal-Mart at 3:00 p.m., the children ran to Holton and hugged
him. He returned his children’s embraces, however, Ms. Holton
recalled that Holton appeared detached or “numb.” After leaving her
children with Holton, their mother never saw them alive again. At
approximately 9:44 p.m. on November 30, 1997, Holton walked into the
lobby of the Shelbyville Police Department and informed the
dispatcher that he wished to report a “homicide times four.” The
dispatcher testified at trial that Holton appeared to be calm and,
indeed, displayed no emotion. She asked him to wait in the lobby
and, because there were no officers present at the police station,
radioed for assistance. An officer testified at trial that he was
driving into the parking lot of the police station when he overheard
the dispatcher on the radio requesting assistance. When the officer
approached Holton, he stated his name, address, and birth date and
again indicated that he wished to report four homicides. When the
officer further inquired how Holton had learned of the homicides, he
responded that he had killed his four children. Holton then
spontaneously stood and placed his hands behind his back in order to
allow the officer to handcuff him. Holton continued talking,
explaining to the officer that he had murdered his children because
his wife and the Department of Human Services had withheld them for
several months without permitting him visitation. Holton also
informed the officer that he had killed the children in his uncle’s
automobile repair garage with an SKS semi-automatic rifle and
indicated that both the murder weapon and the bodies were still
inside the garage. He also told police he had made some bombs that
were located in his apartment. Police found five incendiary devices
that were described as similar to molotov cocktails. Holton had
planned to return to Murfreesboro after murdering his children and
“to basically shoot” the young daughter of his ex-wife’s current
boyfriend, in addition to firebombing his ex-wife’s new residence.
For the purpose of firebombing his ex-wife’s residence, he prepared
five incendiary devices or “fire bombs.” He also ascertained his
ex-wife’s new address using a telephone book, street maps, and the
number that he had retrieved from the caller ID unit on his
telephone. On Sunday, November 30, Holton retrieved his children
from his ex-wife at a Wal-Mart in Murfreesboro. He recalled that Ms.
Holton “was dressed nicely. She was wearing makeup. She said she was
happy. And that did not make me happy.” He also related that his
children “all came up and hugged me. Kayla just wouldn’t let go of
me. As many times that I hadn’t seen them for a while, and she
grabbed me and she wouldn’t let me go.” Notwithstanding his
children’s obvious joy at reuniting with their father, Holton never
reconsidered his plan to murder them. Holton took his children to a
McDonald’s restaurant to eat dinner and to an amusement park or
arcade before driving them to his uncle’s garage. He noted to police
that he “had to play along to avoid any suspicion on the children’s
part.” At the garage, Holton showed the children several motors and
permitted them to play with some of the tools. Holton also recalled,
“We just told each other we missed each other.” Finally, at
approximately 7:00 pm or 7:30 pm, Holton left Eric and Kayla playing
in a front bay of the garage with an electric drill and a hammer and
led Stephen and Brent to the rear bay where he had earlier hidden
the SKS rifle. In the rear bay, Holton indicated to his older sons
that he “had something for them.” He then instructed them to close
their eyes and stand in a line facing away from him, with Stephen in
front and the shorter Brent behind. Holton cautioned, “Don’t peek,”
before removing the SKS rifle from its hiding place, kneeling behind
the children, and aiming the rifle. Holton explained that he
positioned the children to enable him to pierce their hearts with a
single shot. When he fired the first shot, the barrel of the rifle
was angled upward and touching Brent’s back. Holton conceded that he
“used multiple shots to ensure that I killed them both” and recalled
that he covered their bodies with a tarpaulin to conceal them from
their younger siblings. Holton next brought Eric, who was
hearing-impaired and Kayla to the
rear bay, again indicating that he “had something for them.” The two
children evidently had not heard any gunshots and inquired about
their older brothers. In response, Holton positioned them in a line
as he had their brothers, “placed their hands over their eyes,” and
instructed them not to peek before kneeling behind them and firing
the rifle into Kayla’s back. Both children were struck by the first
bullet, and Holton recalled firing his weapon at least one more time
into Kayla’s chest. Holton placed Kayla’s and Eric’s bodies with
their older brothers’ underneath the tarpaulin, “squared away the
area,” and washed his hands. Holton noted to police that “there was
no enjoyment to the murders at all.” After murdering his children,
Holton prepared to execute the next phase of his plan, i.e., the
murder of Kiki and the firebombing of his ex-wife’s residence.
Holton reloaded the SKS rifle and placed the murder weapon and the
five “fire bombs” inside the car that he previously had parked
outside. He also “checked out the entrance of the shop to see if
there was
anything amiss, if anyone could have seen me.” Moreover, he was
listening to a “police scanner” “to see if there had been any
reports of gunshots or anything.” He then began to drive toward
Murfreesboro but soon decided that he did not have enough time to
execute the remainder of his plan. Accordingly, he returned to his
uncle’s garage. Holton noted that, at the garage, he had difficulty
looking at his children’s bodies. He considered committing suicide
but ultimately resolved to surrender to the police. In explaining
his decision to curtail his original plan, Holton noted, “I planned
a lot of different scenarios and chose the one that time permitted.
I was constantly subtracting - - going over what . . . options . . .
- - were left.” Holton also observed, “I had done what I wanted to
do. I wanted to shock [my ex-wife] to death. I was done. I was
done.” As to his decision to forego suicide, Holton added that the
murders were the culmination of a lot of work . . . [and] people
would come up with their own conclusions if I had killed myself. . .
. This is only part, one part of the story of what happened here.
This is gruesome. This is awful. But it’s only part of it. This has
been going on for a long time. And if you’re going to have a chance
of understanding this, then you’re going to have to talk to somebody
that was involved. And I’m the only one that was involved that’s
still living. Holton concluded that he loved his children but
conceded that he would have difficulty convincing anyone of his
love. He felt no remorse or regret for murdering his children. The
State also presented the testimony of a consulting forensic
pathologist and assistant medical examiner for Bedford County. The
pathologist testified that he performed autopsies on Holton’s four
children, and he described the findings relating to each child in
turn. First, Harlan related that ten-year-old Brent Holton died as a
result of multiple gunshot wounds to the chest. Specifically, the
doctor discovered two “contact gunshot wound entrances” in Brent’s
posterior chest or back and two corresponding exit wounds in Brent’s
anterior chest. The pathologist opined that the contact entry
gunshot wounds and the corresponding exit wounds were consistent
with a scenario in which “a person . . . knelt down behind Brent
Holton pointing the gun in an upward angle and pulled the trigger.”
The doctor further noted that the wounds occurred in “very close
time proximity.” Finally, the pathologist recounted that he also
discovered one “re-entry gunshot wound” in Brent’s anterior chest or
“front right shoulder area.” He explained that a “re-entry gunshot
wound” is caused by “a bullet which . . . passed through an
intermediate target” or “bounced off of something” prior to striking
a person’s body. He posited that one of the bullets causing the
contact entry gunshot wounds and the corresponding exit wounds may
have ricocheted off the concrete floor of the garage and re-entered
Brent’s body. He recovered the bullet from the child’s body. The
pathologist next testified that twelve-year-old Stephen Holton died
as a result of multiple gunshot wounds to the chest and abdomen.
Specifically, he discovered one “reentry gunshot wound” in Stephen’s
posterior chest or back. The doctor reiterated that a “re-entry
gunshot wound” is one caused by a bullet that “has either gone
through some intermediate target or been deflected.” A corresponding
exit wound was located in Stephen’s anterior chest. The doctor
confirmed that the wounds were consistent “with someone kneeling . .
. holding a gun at an angle upward, shooting through Brent, that
bullet passing through his body and entering Stephen’s and then
still having enough force and velocity to pass through.” The
pathologist continued that the same bullet inflicted a “graze
gunshot wound” to Stephen’s chin and nose. The pathologist further
noted a contact gunshot wound to Stephen’s anterior chest and
abdomen and a corresponding exit wound. Finally, he attested to
entry and exit gunshot wounds to Stephen’s right hand. As to the
four-year-old Kayla Holton, he testified that she too died as a
result of multiple gunshot wounds. Specifically, Kayla suffered a
contact entry gunshot wound to the posterior chest or back and a
corresponding exit wound. The doctor confirmed that the wounds were
consistent with a scenario in which a person knelt behind Kayla,
held a gun at an upward angle with the barrel touching her back, and
pulled the trigger. Additionally, the doctor observed another entry
gunshot wound to Kayla’s anterior chest and a corresponding “partial
exit” wound. He testified that these wounds were consistent with a
scenario in which “the child is standing up. Shooter is kneeling
down . . . . Shoots her in the back. She falls down. Falls on her
back. She is lying front up . . . on concrete. Concrete floor. Then
the shooter stands over her with a gun . . . and goes bang.” The
doctor retrieved “an extremely deformed bullet” and “smaller lead
fragments” from Kayla’s body. Lastly, the pathologist testified that
the six-year-old Eric Holton died as a result of multiple gunshot
wounds to his chest and abdomen. Specifically, the doctor recorded
four entry gunshot wounds to Eric’s posterior chest or back, at
least one of which was possibly a “re-entry gunshot wound.” He noted
that he was unable to determine whether the wounds were caused by
three or four bullets. He explained that, if a bullet first passed
through another person, the projectile might have split in two and
inflicted two separate wounds to Eric’s back. Eric also suffered two
exit wounds to his anterior chest and abdomen, one of which was
extremely large and likely resulted from more than one bullet.
Finally, Eric suffered a gunshot wound to his right wrist. The
pathologist concluded that Eric’s wounds were consistent with a
scenario in which “he was standing in front of Kayla when she was
shot. . . . The shooter was kneeling down . . . he fired a shot
through Kayla’s back . . . . Eric had been told not to peek. . . .
He was told to close his eyes and place his hands over his eyes.” He
recovered one bullet and several bullet fragments from Eric’s body.
The jury imposed a death sentence for each offense. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 13, 2007 |
Texas |
Frederick Banzhaf, 18
Justin Marquart, 18 |
Joseph Lave |
stayed |
|
On the day before
Thanksgiving, 1992, Joseph Roland Lave, James Langston and Timothy
Bates conspired to rob a suburban Dallas sporting goods store.
During the robbery, the assailants brutally killed two of the
store’s employees, Frederick Banzhaf and Justin Marquart. A third
employee at Herman's Sporting Goods, Angela, was also attacked but
managed to survive, call 911 and identify Langston as one of the
perpetrators. All three victims were beaten with a hammer and their
throats were slit. As a result of Angela's identification, the
police sought to apprehend Langston. During the attempted arrest,
Langston tried to run over the police officers. The police responded
by shooting Langston who died soon after. Inside Langston’s shoe,
the police found a card with Bates’ name and phone number. Using
that information, the police arrested Bates, who identified Lave as
the third robber. Subsequently, the police executed a warrant and
searched Lave’s apartment and automobile, where they seized
merchandise from the sporting goods store and other evidence. When
police searched Lave's car and apartment, they found some loot from
the robbery. Authorities said $2,950 in cash, 21 rifles and shotguns
and athletic clothing were taken. Lave surrendered to police 2 days
later after he rented a Cadillac and drove to New Orleans, where he
was told by a friend that he was a suspect in the Richardson
slayings. Lave was tried for the murder of Marquart. A police
sergeant took the stand at Lave's trial and testified that
Bates told him that, on the night of the crime, he and Langston went
to the sporting goods store and met with Lave. Langston gave Lave a
gun and the two of them went to the front and broke in. Bates waited
in the back until his accomplices allowed him to enter. Bates had
told him that while waiting in the hallway he saw Lave in a room
with Langston and that Langston was striking one of the victims with
a hammer. When Bates saw this, he went outside to the back of the
store and waited for his accomplices. Eventually, Lave, with
Langston, emerged from the back carrying the knife and drove off
with the money. Lave did not testify. At the end of the trial, the
jury convicted Lave for the murder of Marquart, under Texas’ law of
the parties, and sentenced him to death. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 18, 2007 |
Ohio |
Betty Jane Mottinger, 48 |
John Spirko |
stayed |
|
John
Spirko was sentenced to die in 1984 for the murder of Elgin
postmaster Betty Jane Mottinger. Spirko claims that the state's case
against him was weakened when charges against his co-defendant were
dropped last year. He also says prosecutors withheld key evidence
and presented a false case. An important element of the Van Wert
County prosecutor's case was a witness who said she recognized
co-defendant Delaney Gibson, a friend of Spirko, near the Elgin post
office the day that Betty Mottinger disappeared. No physical
evidence tied Spirko to the murder. He was convicted of the killing
based largely on his statements to police and the testimony of the
eyewitness who said she had seen Gibson near the post office.
Prosecutors had alleged that Spirko participated in the kidnapping
and killing of Mottinger with Gibson. Prosecutors never told the
jury or defense that they had evidence before the trial that Gibson
was with family in North Carolina, hundreds of miles from Elgin, the
night before the crime. Recently, Spirko's lawyers said evidence had
surfaced that a key investigator told the prosecutor before the 1984
trial that Gibson wasn't involved in the murder, but that the
prosecutor used the Gibson allegations against Spirko anyway. The
prosecutor has denied this. Earlier this year, U.S. District Judge
James Carr of Toledo authorized Spirko's lawyers to investigate that
evidence further. Gibson was never tried in the Mottinger case.
Capital murder charges against him were dismissed last year. Spirko,
born in Toledo, was paroled in Kentucky in 1982 for a separate
murder. He returned to Swanton to live with his sister. He was soon
jailed there on an unrelated assault charge, a parole violation.
Spirko's attorneys argued he is sitting on death row because he lied
to investigators about having information about the unsolved
Mottinger murder. Spirko has maintained he wanted to trade false
information for leniency for himself on the assault charge as well
as for his girlfriend, who had been charged with helping him to
attempt a prison escape. Although investigators dismissed much of
what he told them, they latched onto Spirko's connection with Gibson
and several details they said could come only from the killer. These
details included: 1) the location of the stab wounds in Betty’s
body; 2) a description of Betty Mottinger’s clothing; 3) knowledge
that a stone had been pried from a ring worn by Betty Mottinger; 4)
a description of the ring; 5) the type of shroud and specific method
used to enwrap Betty Mottinger’s body after her death; 6) a
description of Betty Mottinger’s purse into which the perpetrators
placed the fruits of the Post Office robbery; and 7) a description
of what was stolen in that robbery. On October 28, 2004 and November
16, 2004, Spirko filed an application for DNA testing in the trial
court. Spirko requested DNA testing on “blood or other evidence
received from the person of the deceased, Betty Mottinger, or from
physical evidence recovered from the area where the body was
discovered including blood evidence on tarp and boots.” On March 10,
2005, the trial court denied Spirko’s request for DNA testing. In
doing so, the trial court noted the following: 1) There was no
biological material found at the site of the abduction; 2) At trial
it was never claimed that any of the blood found on or in the area
of the victim’s remains was Spirko’s; and 3) As to the boots, it was
conceded by the prosecution at trial that it could have been
Spirko’s blood on the boots. Thus, the trial court concluded that
DNA testing could not exonerate Spirko. In September 2005, Gov. Bob
Taft delayed Spirko's execution to allow for a second parole board
hearing. Taft ordered the execution delayed from Sept. 20 until Nov.
15 to allow for the hearing. In November 2005, Taft granted John
Spirko a 60-day reprieve at the request of Attorney General Jim
Petro, who said he needed that long to test several items that
Spirko's attorneys wanted reviewed. Spirko received other execution
dates in January 2006, November 2006, and April 2007 and each time
received a stay. UPDATE: John Spirko's execution has been stayed yet
again, and rescheduled for January 24, 2008. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 18, 2007 |
Arkansas |
Scott Stobaugh,
22 |
Terrick Nooner |
stayed |
|
At approximately 1:30
am on March 16, 1993, Scott Stobaugh, a college student, was washing
clothes at the Funwash Laundromat on West Markham street in Little
Rock. An assailant, in an apparent robbery attempt, shot Stobaugh
seven times in the back at close range with a .22-caliber pistol, causing his
death. A surveillance camera captured a portion of the incident on
videotape. The videotape showed the assailant and Stobaugh as
Stobaugh raised his hands. Nooner took $20 and a checkbook. Two witnesses identified the person on
the Laundromat video as Terrick Terrell Nooner, by clothing and
appearance. Other testimony and ballistics evidence tied Nooner to
the murder weapon. A Pulaski County Circuit Court jury convicted
Nooner of capital murder. During the penalty phase of his trial, the
jury heard testimony from several witnesses, including Stobaugh’s
mother, who described the impact of Scot’s death on his family. The
jury also heard mitigation testimony from Nooner’s stepfather. The
jury found two aggravating circumstances (that Nooner had previously
committed another felony, an element of which was the use or threat
of violence, and that the murder was committed for pecuniary gain)
and no mitigating circumstances. Nooner was sentenced to death by
lethal injection for the murder. Nooner's co-defendant, Robert
Rockett, pleaded guilty to first-degree murder in the slaying and
was sentenced to 65 years in prison. He is also serving a life
sentence without parole for a separate murder conviction. UPDATE: A
federal judge has issued a stay in an execution scheduled next week
for an Arkansas death-row inmate convicted of killing a university
student at a coin-operated laundry in 1993. Judge J. Leon Holmes
issued the stay for inmate Terrick Nooner, who faced a September 18
execution date. The stay comes after the 8th U.S. Circuit Court of
Appeals in St. Louis ruled last month that a request for
mental-health professionals to examine Nooner should be reconsidered
in court. Lawyers for Nooner have argued their request for the
mental examinations was not an appeal of his original conviction in
Pulaski County court. Instead, the lawyers say, it was an attempt to
get examinations the Arkansas Department of Correction has denied
over the last year and a half. Since his incarceration, Nooner has
made a number of rambling legal filings and statements about people
poisoning his food, sexually assaulting him, performing witchcraft
and "shooting up my blood" with drugs and poisons. Julie Brain, a
federal public defender for Nooner, declined to comment on the
judge's stay. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 19, 2007 |
Pennsylvania |
Larry A. Bobish Sr., 50
Joanna Marian Bobish, 42
Krystal Leigh Bobish, 17
unborn child of Krystal |
Mark Edwards, Jr. |
stayed |
|
A Fayette County jury
found him guilty of breaking into a mobile home and gunning down
Larry A. Bobish, Sr., 50, Joanna Marian Bobish, 42, and Krystal
Leigh Bobish, 17, on April 14, 2002. The jury returned three
first-degree murder convictions and one second-degree murder
conviction for death of Krystal Bobish's unborn child, which was at
28 weeks' gestation. The jury also found the defendant guilty of
arson and attempting to kill the Bobish's 12-year-old son, Larry
Bobish, Jr., a key witness to the shootings. The boy survived
gunshot wounds to the hand and head and a stab wound to the neck. He
testified that he played dead and only fled when he realized the
house was on fire. Witnesses testified that Edwards shot the Bobish
family to avoid a drug debt. Two days before the murders, Edwards
and a friend reportedly stole six bottles of a street drug called
"wet" -- cigarettes dipped in formaldehyde mixed with PCP -- from
Larry Bobish, Sr. at gunpoint. Larry Bobish repeatedly paged
Edwards, seeking payment for the drugs, and threatened to call
police. Two witnesses testified they heard Edwards say that he
planned to kill the Bobish family. When interviewed by police,
Edwards waived his Miranda rights. He stated that he killed the
parents but did not recall shooting the son and daughter. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 20, 2007 |
Texas |
Rachel White, 22
Susan Halverstadt, 22
Brett Roe, 29 |
Clifford Kimmel |
executed |
|
Clifford Kimmel and
another man, Derek Murphy, were arrested for the April 1999 fatal
stabbings of Rachel White and Susan Halverstadt, both 22 and dancers
at a topless bar, and Brett Roe, 29. Their bodies were found in a
San Antonio apartment. Kimmel, who had a previous burglary
conviction, was arrested about six weeks later for a parole
violation and confessed to police. Court records show he and Murphy
injected two of their victims with the cleaner Tilex to drug them
before they robbed them. Kimmel pleaded guilty to capital murder,
and a jury decided he should be executed. A defense psychiatrist
testified at his trial the Kimmel, now 31, had been a heavy user of
methamphetamines since he was 13 or 14. Kimmel's companion, Murphy,
is serving a life prison term for his role in the slayings.
|
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 25, 2007 |
Texas |
Marguerite Lucille Dixon,
53 |
Michael Richard |
executed |
|
Marguerite Lucille
Dixon was the mother of 7 grown children and a registered nurse
living in Hockley, Texas when Michael Richard was paroled from
prison. On August 18, 1986, Richard approached Marguerite's
son outside her home and asked if a van that was parked in the
driveway was for sale. When the son told Richard that the van was
not for sale, Richard left but watched the home until he saw
Marguerite's son and daughter leave a short time later. Richard
returned to Marguerite's house and forced his way in. He forced
Marguerite into a bedroom where he sexually assaulted her before
shooting her in the head with a 25-caliber pistol. After the
rape and murder, Richard stole two televisions and the van. He later
traded the murder weapon for cocaine. His fingerprint was found on a
sliding glass door in Marguerite's home. Richard later confessed to
the murder but claimed the gun discharged accidentally. Prior to
murder, Richards had served just over half of a six year
sentence for burglary and was returned to prison less than four
years later with a five-year sentence for auto-theft, theft and
forgery. He served less than 18 months before being released on
mandatory release on June 23, 1986, just two months before murdering
Marguerite Dixon. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 25, 2007 |
Kentucky |
Steven Bennett
Arthur Briscoe |
Ralph Baze |
stayed |
|
Ralph Baze, Jr. was
convicted of the 1992 murders of Sheriff Steven Bennett and Deputy
Sheriff Arthur Briscoe, whom he shot in the back when they attempted
to arrest him pursuant to an outstanding Ohio multiple-felony arrest
warrant. Ralph Baze lived in Powell County, Kentucky, in a mountain
hollow known as Little Hardwick’s Creek, with his wife. Some of his
other relatives lived on another ridge of the same mountain. His
cabin was at the end of gravel road, heavily wooded on both sides,
approximately 1,000 feet up the mountain, in a small clearing that
made maneuvering a vehicle very difficult. By January 1992, the time
of the shootings, Baze was a twice-convicted felon and was wanted in
Ohio for felonious assault of a police officer, jumping bail,
receiving stolen property, and flagrant non-support. On January 15,
1992, authorities from the Lucas County Sheriff’s Office in Toledo,
Ohio notified the Powell County authorities that they wished to
extradite Baze on the felony counts. At that time, Baze was in Ohio,
and his wife, Becky Baze, informed the police that she did not know
where he was when they came to arrest her husband in mid-January.
She then phoned Baze to warn him that the police were looking for
him. Baze left Ohio for Michigan, where he bought a SKS assault
rifle and ammunition, which he ultimately used to kill the two
police officers. Baze returned to his brother-in-law’s house in
nearby Bath County, Kentucky, on January 28 and decided to move to
Florida. He returned to his cabin on January 30 with his wife, and
his siblings-in-law, Wesley and Sophie McCarty, intending to hold a
yard sale to lighten their load and then to leave for Florida that
evening. Deputy Sheriff Briscoe heard that Baze was back in town and
proceeded to Baze’s cabin to arrest him. When Briscoe arrived, Baze
was inside; however, he could hear Briscoe announce his intention to
Becky to arrest her husband. While Briscoe returned to his cruiser,
Baze left the cabin through a trapdoor in the bedroom floor,
retrieved his SKS assault rifle from behind the cabin, and then
walked around the cabin to inform Briscoe that he would not allow
himself to be arrested. Wesley McCarty intervened to avoid a
confrontation, during which Briscoe put his hand on or near his
holster. Becky grabbed Briscoe’s arm, and Baze used the opportunity
to leave the immediate area. Briscoe then left in his cruiser to
recruit additional officers to effect the arrest. Baze used the
interim to gather his personal belongings, and 98 rounds of
ammunition, and went uphill into the woods. He later told the
Louisville Courier-Journal that he circled around to hide behind a
stump behind the spot where the police would have to leave their
cars. Deputy Briscoe arrived back first, followed by Sheriff
Bennett. Both got out of their cruisers with their guns out and they
came together on the rear driver’s side of Bennett’s cruiser. Baze’s
wife Becky was yelling at them from the porch of the cabin, so
that when they turned to engage her, they had their backs to the
woods where Baze was hiding. All agree that at that moment gunfire
began. Baze testified that he moved out from behind a large stump
and brush pile, unarmed, intending to surrender, but that Briscoe
shot him in the leg with a pistol. Wesley and Sophie McCarty
supported Baze’s version by testifying that Baze stood up without a
gun. In contrast, Baze’s son-in-law, Greg Profitt, who was also at
the house, testified that Baze shot first, but he admitted that he
could not distinguish between rifle and pistol fire. Becky Baze also
testified that Baze shot first, causing Bennett to turn his head
back to his right to see where the gunfire was coming from. The
policemen who were driving up the road to lend support testified
that the first 6-10 shots they heard were rifle fire. Briscoe and
Bennett then turned to face the woods and took cover behind the
police cruiser on the driver’s side, with Briscoe shooting over the
hood and Bennett over the trunk. For reasons that are unclear,
Bennett moved around the rear of the cruiser and opened the back
passenger door as if to get into the back seat, in fact crossing
directly into Baze’s line of fire. Thereupon, Baze shot him three
times in the back. Baze then started to walk down the hill towards
Briscoe, who continued to shoot at Baze over the hood of the police
cruiser until he ran out of ammunition, and Baze was too close to
give him time to reload. Briscoe then turned to attempt to escape
and, after he had gone about ten feet, Baze shot him twice in the
back. Wesley McCarty described Briscoe as “staggering away” before
he fell on his face. Baze then approached the fallen officer and,
allegedly thinking that he might be reaching for his gun, shot
Briscoe in the head at pointblank range. Baze then picked up the
weapons and ammunition and fled on foot to adjoining Estill County.
He surrendered without incident at 8 p.m. that evening at the home
of the former Estill County Sheriff, where he received his Miranda
warnings. Upon overhearing a query over the radio as to whether the
arresting officer had the correct suspect, Baze responded: “You tell
them that you got the right man. I’m the one that killed them son-ofa-bitches.”
Baze was tried in Rowan County, convicted, and sentenced to death in
February 1994 for shooting the officers. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 27, 2007 |
Texas |
Carlton Akee Turner, Sr.,
43
Tonya Turner, 40 |
Carlton Turner |
stayed |
|
Carlton Akee Turner
was a 19-year-old on August 8, 1998 when he killed his adoptive
parents in their suburban Dallas home and put their bodies in the
garage. Each of the victims was shot several times in the head and
Turner dragged their bodies through the house and dumped them in the
garage. After the murders, Turner went shopping with his parents'
cash and credit cards, buying new clothes and jewelry and forging a
check on their personal account. He continued to live in the family
home for three days while his parent's decomposed in the garage in
the hot Texas summer. The family had lived in the neighborhood for
less than a year, but neighbors realized something was wrong and
called police to say they had not seen the couple for several days
and had observed Turner acting strangely and driving his parents'
cars, which they did not allow. Turner was arrested at his home on
outstanding warrants for traffic violations. He had marijuana on his
person when arrested. Police found the parents' bodies in the garage
and found enough evidence to allow them to charge the son with their
murders. Turner testified at trial that he shot his father in
self-defense. This self-defense theory contradicted Turner's
pretrial statements in newspaper and television interviews that he
had nothing to do with the murders. Turner offered no explanation at
trial for killing his mother, saying he could not recall. He
testified that he felt nothing when he killed his parents. Turner
has a long history of violence and other inappropriate behavior.
Turner claimed that a history of parental abuse largely explains his
violent behavior. Neighbors of the couple believed that Turner
killed his parents because they were being strict with him after he
was convicted of a robbery charge and received three years'
probation. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
September 27, 2007 |
Alabama |
Troy Wicker |
Tommy Arthur |
stayed |
|
On February 1, 1982,
at 9:12 A.M., police officers were called to the residence of Mary
Jewel “Judy” Wicker and Troy Wicker in Muscle Shoals, Alabama. The
officers found Troy murdered in his bed; his wife, Judy Wicker,
lying on the floor with traces of blood on her face; and her sister,
Teresa Rowland kneeling beside her. The investigators found four
.22-caliber expended cartridge cases on the bed. An autopsy revealed
that Troy’s death was caused by a close range wound through his
right eye from a .22-caliber long rifle bullet which severed his
brain stem. Wicker told the investigators that, after she had
dropped her children off at school, she had returned to find an
African American man in her home. She said that the man raped her,
knocked her unconscious, and shot Troy. Wicker was subsequently
charged and convicted of murdering Troy to collect insurance
proceeds, and was sentenced to life imprisonment. Some time after
Wicker’s conviction, the prosecuting district attorney appeared
before the parole board to inquire about the possibility of an early
release in exchange for Wicker’s testimony against Arthur. Wicker’s
daughter, Tina Jenkins, retained attorney Gary Alverson to appear at
this meeting on her behalf. Alverson was later hired as a state
prosecutor. In 1991, during Arthur’s trial for Troy’s murder,
Alverson represented the state and Wicker testified as the
prosecution’s main witness. She explained that she had known Arthur
since they were both young and worked at Tidwell Homes. She revealed
that she, Rowland, and Rowland’s boyfriend, Theron McKinney had
discussed killing Troy beginning in early 1981. Wicker explained
that Troy was physically violent with her, and that Rowland and Troy
often argued when Troy threatened to turn Rowland in to the police
for the arson on her home which he had committed for her. Wicker
recalled that she received a telephone call from Arthur in November
1981 in which he told her that he had been “hired to do the job . .
. to kill her husband.” She saw him the next week and began a sexual
relationship with him. At that time, Arthur was residing at the
Decatur Work Release Center and was assigned to work at Reagin
Mobile Homes. Wicker testified that she knew that the murder was to
take place on February 1, 1982, and that she had agreed to tell the
police that her home was burglarized and that her husband was
murdered by an African American man. She explained that, on the day
of the murder, she met Rowland and Arthur at the airport. She stated
that Arthur, who had been drinking and was carrying a gun and a
garbage bag, had painted his face black and put on an Afro wig and
black gloves. She testified that Arthur got into her car and, while
driving him to her house, she urged him not to kill Troy. She stated
that, after they arrived at her house, she heard a shot and that
Arthur then struck her, knocked out several of her teeth, and
lacerated her lip. Wicker admitted that, after she collected $90,000
in insurance proceeds from Troy’s death, she paid Arthur $10,000,
paid Rowland $6,000, and gave McKinney jewelry and a car for their
assistance in the murder. She also admitted that she continued her
relationship with Arthur after the murder. Wicker’s testimony was
corroborated by other witnesses and evidence. Muscle Shoals Police
Sergeant Eddie Lang testified that, while he was working at a school
crossing about 7:40 A.M. on February 1, he observed Wicker driving
east toward the airport and, about 10 minutes later, returning
toward her house. He did not see anyone in the car with her during
either trip. The work release facility’s records for the day of the
murder showed that Arthur had signed out of work release at 6:00
A.M. and had not returned until 7:50 P.M. Joel Reagin, the owner of
Reagin Mobile Homes, was unable to say whether Arthur was at work on
the day of the murder. He remembered, however, having seen Wicker
and Arthur together at Reagin Mobile Homes while Arthur was working
there. Patricia Yarborough Green, a waitress at Cher’s Lounge,
testified that, on January 31, 1981, the day before the murder,
Arthur asked her to send a friend to purchase .22-caliber Mini-Mag
long rifle bullets for him and gave her $10 for the purchase. She
said that, while they were waiting for the friend to return with the
bullets, Arthur told her that they would be used to kill someone.
She gave the bullets to Arthur when she received them. Debra Lynn
Phillips Tynes, the manager of Cher’s, went to lunch with Arthur on
the day of the murder. While they were out, Arthur drove to a bridge
over the Tennessee River, stopped the car, and dropped a black
garbage bag into the river. She said that he explained to her that
he wanted to get rid of some old memories. On the day of the murder,
Wicker’s automobile was found in the parking lot at Northwest Junior
College in Tuscumbia, Alabama. Inside the car, officers found
Wicker’s purse and an Afro wig; the inside of the wig contained no
human hairs. In March 1982, officials at the work release center
discovered a discrepancy between the amount of time that Arthur had
logged as being at work and the amount of money that he had been
paid for that work, and transferred him to the county jail pending
investigation. After he left the work release center, his personal
belongings at the work release center were inventoried and a Reagin
Mobile Homes envelope containing $2000 was discovered. In April
1982, Arthur was interviewed by a Muscle Shoals Police Department
detective and denied knowing anything about Troy’s homicide or
knowing Wicker or Rowland. When the officer confronted Arthur with
contrary information, Arthur asked to see an attorney and refused to
make any further comments. Arthur was indicted and charged with
intentionally murdering Troy by shooting him with a pistol after
having been convicted of second degree murder. He was convicted and
sentenced to death in 1982. UPDATE: Gov. Bob Riley stayed the
execution of a contract killer Thursday, hours before it was to have
been carried out, so the inmate could be put to death using a new
lethal injection formula the governor had ordered just a day
earlier. Riley said he issued the 45-day stay of Tommy Arthur's
execution only to allow time for the new lethal-injection procedures
to be put in place. The changes are designed to make sure the inmate
is unconscious when given drugs to stop the heart and lungs. Riley
said evidence is "overwhelming" that Arthur is guilty "and he will
be executed for his crime." The governor encouraged the attorney
general's office to ask the Alabama Supreme Court to set another
execution date "as soon as possible." Assistant Attorney General
Clay Crenshaw said the request would be filed with the court Friday. |
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