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| |
One killer was executed in
December 2008. He had murdered at least 1 person.
Six
killers were given a stay in December 2008.
They have murdered at least 12 people.
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
December 2, 2008 |
Georgia |
Berna
Samara Judge Ellington, 31
Cameron Ellington, 2
Christian
Ellington, 2 |
Clayton Ellington |
stayed |
|
 Clayton
Jerrod Ellington was sentenced to death for the hammer-attack
murders of his wife and identical twin sons. Neighbors said
Ellington, 30, screamed at officers that his family had been taken
from him shortly after he called police to his home near Lithonia
High School late on the night of May 17, 2006. Inside, police found
the bodies of his 31-year-old wife, Berna Ellington, and their
2-year-old sons, Cameron and Christian. The twins were found dead in
their beds and Berna was found face down on the floor. Ellington
claimed to police detectives that his wife killed the twins with the
hammer. Ellington claimed he took the hammer from her and beat her
with it in a fight that ended with them falling down stairs. About
the brutality of the murders, District Attorney Gwen Keyes Fleming
said, “All three were murdered by blows to the head with the claw
end of a hammer. ” She added “One of the twins, Christian, was lying
face up with his eyes still open.” The family had celebrated the 2nd
birthday of the twins on April 10. At Ellington's sentencing
hearing, Earl Bradford, a cousin of Berna Ellington,
attacked Clayton Ellington after jumping over a railing in the
courtroom. After Ellington received three death sentences, Berna's
father, Bernard L. Judge, a minister in Charleston, S.C., said his
daughter, a government water quality scientist, was a “rising star
in this community.” He thanked the jury for rejecting Ellington’s
allegations against her. “We feel so relieved that my daughter can
go on now and rest in peace, and my family now has closure,” he
said. 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 |
|
December 3, 2008 |
Washington |
Denise Stenson
Frank Hoerner |
Darold Stenson |
stayed |
|
On March 25, 1993, at
4:00 a.m. Darold Ray Stenson called 911 and told the operator “this is D.J.
Stenson at Dakota Farms . . . . Frank has just shot my wife, and
himself, I think.” Dakota Farms was located in Clallam County,
Washington and was the residence of Stenson, his wife, Denise
Stenson, and their three young children. Stenson also operated a
business, raising and selling exotic birds, from Dakota Farms.
Within several minutes of Stenson’s 911 call, the police arrived at
Dakota Farms. Stenson met them outside and led them to a guest
bedroom on the ground floor, where Frank Hoerner lay dead on the
floor with a bullet wound to the head. The body was face-down. A
revolver lay between Hoerner’s left hand and his head. Stenson next
led the police officers to an upstairs bedroom where Denise Stenson
lay in the bed, with a severe bullet wound to the head. She was
airlifted to a hospital, but died the next day. Stenson told the
officers the following story: Frank Hoerner had arrived at his house
a little after 3:30 a.m. in order to sign forms to insure ostriches
that Stenson was going to buy for Hoerner on a trip to Texas. When
Hoerner arrived, the two men went to Stenson’s office in a separate
building behind the house, where Hoerner signed the insurance forms.
Hoerner
then left the office building to use the bathroom in the house. When
Hoerner failed to return, Stenson went to look for him and found him
dead in the guest bedroom, where Stenson had shown police the body.
Stenson heard moaning from upstairs. When he went upstairs, he found
his wife shot in the head. Stenson had not heard any gun shots.
Stenson then called the 911 operator. When the officers asked
Stenson if he knew why someone would want to kill Frank Hoerner,
Stenson responded that there had been sexual problems between
Hoerner and his wife, Denise Hoerner, and that Frank Hoerner had
complained about their marriage. The subsequent investigation showed
that Frank Hoerner had not committed suicide in the bedroom, but had
been hit in the head and dragged into the house from the gravel
driveway, through the laundry room, and into the guest bedroom where
Stenson claimed to have found the body. Hoerner had been shot in the
head in the guest bedroom at close range. The revolver had been
placed near Hoerner’s hand after his hand had come to rest on the
floor. Splatters of Hoerner’s blood were found in the driveway.
Blood splatters were also found on Stenson’s pants that matched
Hoerner’s blood protein profile. Gravel from the driveway was found
in the laundry room and inside Hoerner’s pants. A bloody Stenson
fingerprint was found on the freezer in the laundry room. According
to Michael Grubb, a forensic expert, the pattern of some of the
splatters indicated that they could not have been deposited on
Stenson’s pants after Frank had been moved, i.e., the splatters on
Stenson’s pants strongly suggested that Stenson had moved Frank’s
body after he was shot. The police also found ammunition in
Stenson’s garage that fit the murder weapon. They found gunshot
residue inside a
pocket of Stenson’s pants. Stenson had once been a martial arts
instructor, and had a collection of nun-chucka sticks on the wall of
his office. Dr. Brady, who performed the autopsy on Frank Hoerner,
testified at the trial that the wounds on Hoerner’s head were
consistent with such a weapon. The investigation also revealed that
Stenson was in financial difficulty. Frank Hoerner had given Stenson
a $50,000 deposit for the purchase of exotic birds, but at the time
of the murders Stenson’s financial records showed that he had used
less than $2,000 of Hoerner’s deposit to purchase birds. In
addition, the bank account for Dakota Farms contained only about
$3,400, and an audit indicated that Stenson had used investors’
money for personal purchases. He had attempted to borrow a large
amount of money shortly before the murders. Finally, Stenson had
taken out a $400,000 life insurance policy on his wife. Stenson was
arrested on April 8, 1993, about two weeks after the murders. His
jury trial took place in Clallam County, Washington, in the summer
of 1994. The prosecution’s theory was that Stenson had killed his
wife in order to collect the $400,000 in life insurance money, and
had killed Frank Hoerner in order to free himself from the $48,000
he owed Hoerner and to be able to blame Hoerner for the murder of
Denise Stenson. The prosecutor argued to the jury that the physical
evidence taken at the crime scene made Stenson’s initial statements
to the police implausible. Frank Hoerner’s wife, Denise Hoerner,
testified that Stenson solicited Hoerner for investments in
Stenson’s exotic bird business. Since 1992, Hoerner had given
Stenson more than $50,000 for the purchase of birds. About a month
before the murders, Hoerner became worried about the money he had
entrusted to Stenson and so told Stenson either to return his
investment or to deliver the promised birds. In response, Stenson
told the Hoerners that he needed to keep their money in his account
in order to maintain the confidence of Asian investors from whom he
was attempting to obtain a loan. Denise Hoerner further testified
that her husband’s anxiety continued when Stenson traveled to Texas
to obtain birds for the Hoerners, but returned empty-handed. She
testified that Stenson assured Hoerner that he would return to Texas
on March 25, 1993, to collect the birds. On the evening of March 24,
Stenson told Hoerner to come to his house to sign documents
necessary to insure the birds during their trip from Texas. Denise
Hoerner offered to come sign the papers, but Stenson said that only
Hoerner could sign them. Hoerner agreed to come by Stenson’s house
during the early morning hours of March 25, on his way to the ferry
that he took to work in Seattle. During the course of the trial,
Stenson and his attorney, Fred Leatherman, developed conflicting
views as to whether Leatherman should attempt to convince the jury
that Denise Hoerner was the murderer. Leatherman did not want to
attempt this defense because the forensic expert had concluded that
Stenson could not have gotten the blood splatters on his pants after
discovering Frank Hoerner’s body. In the context of the other
evidence, this conclusion strongly suggested that Stenson had moved
Hoerner’s body after Hoerner had been killed, which in turn strongly
suggested that Stenson killed Hoerner. Leatherman believed that
attempting to vilify Denise Hoerner would only turn the jury against
Stenson and increase the likelihood that it would impose the death
penalty during the sentencing phase. As a result of the conflict
regarding trial strategy, Stenson moved the court to appoint new
counsel or, in the alternative, to allow him to represent himself.
Because Stenson’s request came three weeks into the voir dire
process and near the end of jury selection, the trial court
determined that Stenson’s request to represent himself was untimely.
It also found that Stenson’s request was equivocal, based on the
record as a whole. The court based this determination on the fact
that Stenson indicated that he “really [did] not want to proceed
without counsel[,]” and made his request to represent himself only
as an alternative, should the trial court refuse to appoint new
counsel. The trial court did not appoint independent counsel to
represent Stenson at the hearing on the motion for new counsel. On
August 11, 1994, the jury convicted Stenson of two counts of
aggravated first-degree murder. With regard to the murder of Denise
Stenson, the jury found the aggravating circumstances that more than
one person was murdered and that the murders were part of a common
scheme or plan. With regard to the murder of Frank Hoerner, the jury
found the aggravating circumstances that the murder was committed to
conceal a crime or to protect or conceal the defendant’s identity,
and that more than one person was murdered as part of a common
scheme or plan. During the penalty phase, Leatherman stated that
both he and Stenson “accepted” the jury’s determination of guilt.
Leatherman also requested that the court hear testimony from
Stenson’s family members regarding the impact Stenson’s execution
would have on Stenson’s three young children and his father, who
suffered from a heart condition. The court permitted extensive
testimony from Stenson’s family and friends regarding their
relationships with him, but excluded testimony from Stenson’s family
members regarding how his execution would impact them, because the
court found that this testimony would do no more than present their
opinions as to what Stenson’s sentence should be. The jury sentenced
Stenson to death. UPDATE: Federal and state judges have
indefinitely delayed the execution of Darold Stenson for the 1993
shooting deaths of his wife and a business partner in Clallam
County. The separate stays were issued by judges in federal court in
Yakima and Clallam County Superior Court. U.S. District Judge Lonny
Suko issued his order Tuesday in a conference call with lawyers.
State Attorney General Rob McKenna said his office was asking an
appeals court to vacate Suko's order and allow the execution to
proceed as scheduled on Dec. 3. Stenson's lawyers this week asked
Suko for a temporary restraining order blocking the execution on the
grounds that the state last month revised its procedure for
administering lethal injections, without previously announcing any
changes or going through a rule-making process. Furthermore, they
argued that their client has Type 2 diabetes with veins that are
difficult to access, making it more likely that he would suffer pain
that constitutes unlawful cruel and unusual punishment. Without the
judge's intervention, they argued, Stenson "will die at the hands of
an unreviewed, untested, never-before implemented lethal injection
policy which is likely to cause him severe pain." McKenna argued
that Stenson is "using every means at his disposal to avoid
execution." "Every other avenue of appeal has been exhausted and
even though the U.S. Supreme Court has already ruled on the question
of lethal injection's constitutionality, he's making this argument
anyway in a last ditch effort to avoid execution," McKenna said.
http://www.komonews.com/news/local/35080159.html |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
December 5, 2008 |
South Carolina |
Missi McLauchlin,
25 |
Joseph
Gardner |
executed |
|
Joseph
Martin Luther Gardner was convicted of the Dec. 30, 1992, killing of
Melissa Ann McLauchlin, who was raped, tortured, shot five times in
the face and left to die by the side of a road in Summerville. At
the time of the shooting, police said Gardner and some other men
made a New Year's resolution to rape and kill a white woman as
retribution for 400 years of oppression of black people. Gardner,
who was later arrested in Philadelphia, was the trigger man. Gardner
was sentenced to death in December 1995. Missi McLauchlin, 25, was a
native of Wixom, Michigan, living with her fiancé’s family in North
Charleston, South Carolina. On the night she died, she had an
argument with her fiancé at a nightclub. She stormed out of the club
and began to walk home. Police spotted her, obviously drunk, and
gave her a ride home, but she apparently set out on foot for another
club. Three black men, Matthew Carl Mack, Matthew Williams, and
Joseph Gardner pulled up alongside in a car and started a
conversation. The men had spent most of the day drinking and
watching pornographic videos of black men having sex with white
women. At one point Mack had exploded in anger at his white
girlfriend, saying he wanted to “stab her,” but that “it ain’t got
to be her, any white” would do. Williams said he wanted to have sex
with a white woman. Two hours later, the group watched a television
news account of the biggest stories of 1992. When the videotaped
beating and arrest of Rodney King came on the air, the third man,
Gardner, spoke of “four hundred years of oppression,” and made a
“New Year’s resolution” to “kill a white bitch.” It was in this
state of mind that they returned with Missi to the trailer where the
men lived. The men soon began raping her. They put out the word
within the trailer park that they had “captured a white woman,” and
three other black men arrived and raped her. Two black women,
girlfriends of some of the rapists, were present in another room of
the trailer, but did nothing to stop the attack. After they had
enough, the men decided to get rid of the evidence—including Missi
McLauchlin. They soaked her in bleach and hydrogen peroxide, and
scrubbed her under the shower with a nylon brush, in the hope of
ridding her skin of sperm or other evidence that could be linked to
them. They forced her to scrub out her vagina with the same
chemicals. They also talked openly of killing her. The men
handcuffed her, blindfolded her, and put a heavy coat over her head.
They then took her to a car, and forced her down onto the
floorboards in the back. After they had driven for some time, she
managed to get out of the handcuffs and began to struggle. Joseph
Gardner, who was sitting in the front passenger seat, reached over
the seat, held back her head, and shot her twice in the face. The
driver pulled over to the shoulder 14 miles outside Charleston,
where Gardner shot her three more times in the face and once in the
arm. The men dumped her on the side of the road, drove back to
Charleston, and went nightclubbing. A passing driver found Missi
McLauchlin, miraculously alive, and he left to get help but she died
before the ambulance arrived. Missi had a blood alcohol level of .25
at the time of her autopsy. There were no traces of drugs. It took
police four days to identify the body, and a day later they located
the trailer where Missi McLauchlin was raped. By January 9, 1993,
police had arrested seven people including two of the
ringleaders—Matthew Mack and Matthew Williams—and two women, Edna
Williams and Indira Simmons, who were charged with being accessories
to murder and sexual assault. Three of the rapists were sailors
stationed at nearby Charleston Naval Base. The only suspect not in
custody was the triggerman, Joseph Gardner, who had carried out his
New Year’s resolution. Gardner, who was AWOL from the Navy, eluded
police for nearly two years, and might never have been caught had
the FBI not put him on the “ten most wanted” list. He was living in
Philadelphia when someone saw his picture in the post office and
tipped off the police. He was arrested on October 20, 1994. Police
suspected a racial motivation from the start, since they found a
“crudely-written racial diatribe” in the trailer, complete with
racial epithets about white oppression, which claimed blacks were
“justified in seeking revenge.” Walter Bailey, the chief prosecutor
in the case, said "It was the absolutely most brutal and senseless
crime, one of the worst things I have ever seen. Totally
unprovoked." Before his sentencing, Gardner told the jury, "Do what
you think is best." Before that, Joe Gardner apologized to Missi's
parents. "I hope it gives you some sense of closure so you can put
this behind you and move on. Yesterday when I was listening to you
talk, it really hurt me. I really hurt you." The seven women and
five men that found him guilty of kidnapping and murdering Missi
thought about it for two hours and decided that the 25-year-old
Detroit native should die in the electric chair or by lethal
injection. "When it came down, the picture in my mind was my
daughter's grave and roses starting to bloom and that she was
finally resting in peace," said Missi's mother, Patricia McLauchlin.
Gardner was the only person sentenced to death in the case. Mack
received a life sentence plus 30 years, which will allow parole
eligibility after 30 years. Williams pleaded guilty to murder and
was sentenced to life in prison with parole eligibility after 30
years. However, 1st Circuit Solicitor Walter Bailey agreed that if
Williams would help prosecute Gardner, Williams could be sentenced
again under circumstances that would cut parole eligibility to 20
years. Another man involved, Roger Williams, served half of a
five-year sentence for third-degree criminal sexual conduct and
being present during the commission of a felony and not reporting
it. He was scheduled to be released in December 1995. Danny Dwayne
McCall was sentenced to nine years for the same charges as Roger
Williams, suspended upon service of six years followed by five years
of probation. He was denied parole in June 1995. Edna Jenkins, who
was dating Gardner at the time, pleaded guilty to being an accessory
after the fact of murder, illegally buying two handguns within 30
days and lying on a firearms application. She served 554 days in
jail. Indira Simmons, who was living in the trailer with Matthew
Williams, pleaded guilty to failing to report a felony. She served
572 days, partly in jail and the remainder under house arrest.
|
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
December 8, 2008 |
Louisiana |
Ronald Williams
Ha Vu
Cuong Vu |
Antoinette Frank |
stayed |
|
On March 4, 1995,
Antoinette Frank, then an officer with the New Orleans Police
Department, and Rogers Lacaze were arrested and charged with three
counts of first degree murder for the deaths of Ronald Williams, Ha
Vu, and Cuong Vu. The murders occurred in the early morning hours at
the Kim Anh Restaurant in New Orleans East. The Vu family owned the
restaurant, and Ronald Williams was an off-duty police officer
performing security detail that evening at the restaurant. Frank had
occasionally worked at the restaurant as a security guard and was
familiar with the Vu family and Ronald Williams who had been . She and Lacaze
visited the restaurant several times on the night of the murders. As
the restaurant was closing early that morning, Chau Vu, sister of
two of the victims, went into the kitchen to count money. She
reentered the dining room of the restaurant to pay Ronald Williams,
when she noticed Frank approaching the restaurant yet again. Sensing
something was wrong, Chau Vu ran back to the kitchen and hid the
money in the microwave before returning to the front of the
restaurant. Using a stolen key, Frank entered the restaurant and
began to walk quickly to the back of the building, pushing Chau, one
of Chau’s brothers, Quoc, and a restaurant employee along with her
into the doorway of the kitchen.
Shots rang out, and Frank turned towards the front of the restaurant. Chau
grabbed Quoc and went to find a place to hide. The siblings and
another employee hid in a cooler in the kitchen,
concerned because they did not know the whereabouts of Chau’s and
Quoc’s sister and brother, Ha and Cuong. They turned off the
light in the cooler as they entered. LaCaze had been behind Officer
Williams and had shot him in the back of the neck, severing his
spinal cord, instantly paralyzing him. Ronald was shot again in the
head and in the middle of his back as he lay on the floor. From inside the cooler, Chau and Quoc could partially see the front of the restaurant. Chau
initially could see Frank, who appeared to be looking for something.
Frank moved out of Chau’s line of vision, and then the three hiding
heard additional gunshots. Quoc next observed Frank searching in the
area where the Vus usually kept their money. He then saw her walk
over to the area where he later found the bodies of his brother and
sister, and he heard more gunshots. After Frank and Rogers Lacaze
left the premises, Quoc emerged from the cooler and called 911 to
report the murders. After police officers arrived on the scene,
Frank returned to the restaurant as well. She approached Chau,
asking her what happened. Chau found another officer and reported
what she had witnessed. After Chau was interviewed in more detail,
Antoinette Frank and Rogers Lacaze were arrested and charged with
first degree murder. Frank and Lacaze were indicted by an Orleans
Parish Grand Jury on April 28, 1995. Their trials were severed, and
Rogers Lacaze was tried first on July 17-21, 1995, found guilty as
charged, and sentenced to death. Frank’s trial began on September 5,
1995, and on September 12, 1995, the jury returned a guilty verdict
on all counts and recommended a sentence of death as to all counts.
Frank was formally sentenced to death on October 20, 1995. From
Wikipedia: Ronald A. Williams II was raised in New Orleans and
graduated from Brother Martin High School in 1987. After high
school, Williams married Mary A. Buras, his high school sweetheart,
whose family lived across the street from the Williams' home. Ronnie
and Mary's first son, Christopher, was born 1989. Williams joined
the New Orleans Police Department in 1992 and began working night
detail at the Kim Anh restaurant to supplement his policeman's
salary. The restaurant was located on Bullard Boulevard in New
Orleans East not far from the Williams' and Buras' family homes.
Ronnie and Mary had a second son, Patrick on February 1995, a week
prior to the murders. Officer Williams was interred in Lake Lawn
Metairie Cemetery on March 7, 1995. His name was inscribed on the
Memorial Wall at The National Law Enforcement Officers Memorial in
Washington D.C. during National Police Week the following year.
UPDATE: Louisiana's Supreme Court has blocked the scheduled Dec. 8
execution of a former police officer convicted of three murders.
Antoinette Frank was convicted and sentenced to death months after
she and an 18-year-old accomplice killed her fellow police officer
and two others during the robbery of a New Orleans restaurant in
1995. Her first round of appeals lasted 12 years, amid court fights
over whether she had received sufficient expert legal assistance
during the penalty phase of her 1995 trial. In a new round of
appeals, defense attorneys said they have had too little time to
review voluminous documents arising from the case. The state Supreme
Court ruling, made public Wednesday, effectively cancels a death
warrant signed by a state judge in September. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
December 9, 2008 |
Tennessee |
Kadhem Al-Maily |
Devin Banks |
stayed |
|
The Tennessee
Supreme Court has upheld the death and prison sentences imposed on
Devin Banks of Memphis for killing a friend and severely wounding a
second man who was left for dead in the driveway of his home during
a robbery. Banks was convicted of premeditated murder, murder during
the perpetration of a robbery, attempted first degree murder and
especially aggravated robbery. He was sentenced to death for the
2002 killing of Kadhem Al-Maily and 50 years in prison for robbery
and the attempted murder of Hussain Atilebawi. Both victims were
immigrants from Iraq who lived and worked in Memphis. In a unanimous
opinion, the court rejected issues raised by Banks in his direct
appeal. By law, for a defendant to receive a sentence of death,
jurors must find one or more statutorily defined aggravating
circumstances. In the Banks case, they found two - that the murder
was committed for the purpose of avoiding arrest or prosecution and
that the victim was killed while Banks played a substantial role in
a first degree murder. The court wrote that the murder victim was
“widely known and respected among the Iraqi community in Memphis
because he had a reputation of helping persons in need.” He and
Atilebawi had been acquainted in Iraq and became close friends in
Memphis. “After they moved to Memphis, both Mr. Al-Maily and Mr.
Atilebawi befriended Devin Banks. Banks was welcome in Mr.
Atilebawi’s home and he occasionally spent the night at Mr.
Atilebawi’s house.” The friendship between the Iraqi men and Banks
soured because of an incident involving a former girlfriend of Banks
and because Banks believed Atilebawi owed him money. Banks asked a
friend, Michael Hilliard, to obtain a handgun and assist him in
killing Atilebawi. Three nights later, the men went to Atilebawi’s
house, armed with a .22 caliber semi-automatic pistol provided by
Hilliard. After being welcomed into Atilebawi’s home, Banks borrowed
a cordless phone and went outside to call Hilliard who was waiting
nearby. When Atilebawi also walked outside, Banks shot him four
times, including three times after he was lying in the driveway.
Banks re-entered the house and confronted Al-Maily, who turned over
$300 in cash. He ordered Al-Maily to lie face down on a bedroom
floor while he and Hilliard loaded items stolen from the house into
cars belonging to Atilebawi. They returned to the house, where Banks
shot Al-Maily in the head. The men then fled in the stolen cars.
Atilebawi survived his wounds and was able to call for help. He told
officers on the scene what had happened. Banks was arrested driving
one of the stolen vehicles which contained stolen cash and
merchandise. After being advised of his Miranda rights, Banks gave
two confessions. In the second confession, he admitted shooting the
victims and provided details of the crime. He was convicted in 2005
and during the penalty phase was sentenced to death. During a
required proportionality review, Koch wrote that the Supreme Court
concluded that the sentence of death was not arbitrarily imposed;
the evidence supported the jury’s finding of statutory aggravating
circumstances; the evidence supported the jury’s finding that the
aggravating circumstances outweighed mitigating evidence; and the
sentence was not excessive or disproportionate to the penalty
imposed in similar cases. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
December 10, 2008 |
Military |
Laura Lee
Vickery-Clay, 18 Kimberly Ann Ruggles, 23 |
Ronald Gray |
stayed |
|
Pvt. Ronald A.
Gray was a cook in the U.S. Army. In 1988, he was convicted of
murder, attempted murder and rape, all committed in North Carolina
in 1986 and 1987. He was sentenced to death after a general
court-martial in 1988. Gray was suspected in a crime spree of four
murders and eight rapes between April of 1986 and January of 1987
while he served at Fort Bragg. He pled guilty in state court in
North Carolina to 22 felonies, including two second-degree murders,
two burglaries and five rapes, attempted rape, kidnapping, robbery
and assault and was sentenced to life in prison. He was
court-martialed by the military for the rape and murder of a female
army private as well as a civilian female near Fort Bragg. He was
also convicted of the rape, robbery and attempted murder of another
fellow solider in her barracks at Fort Bragg. The victim was stabbed
multiple times in the neck and side of her body but she survived her
injuries. Gray was also convicted of three rapes. On December 15,
1986, Private Laura Lee Vickery-Clay was abducted, raped, sodomized
and murdered by Gray. She disappeared from Fort Bragg and two
witnesses saw her at a local store with Gray. Her car was found the
next morning about a block from her home and appeared to have been
driven through the woods. The driver's seat was set in a position
for a taller driver than Laura. Three fingerprints which were later
identified as Gray's were found on the hood of the car. On January
17, 1987, Laura's decomposing body was found in the woods by a
soldier. She was partially nude and had been shot four times, in the
neck, forehead, chest and back of her head. She had suffered blunt
force trauma over much of her body. A .22-caliber pistol that Gray
had stolen in November 1986 was found near her body. On January 3,
1987, Gray entered the barracks room of a 20-year-old female private
by pretending he needed to use the bathroom. After gaining entry,
Gray grabbed the woman and held a knife to her throat. He asked for
her military field gear and used it to tie her hands behind her
back. He removed her clothes and raped her, then stabbed her
repeatedly in the neck and side of her body. Gray threatened to kill
the woman if she screamed. The victim survived her injuries, which
included a lacerated trachea and a collapsed lung. She identified
Gray as her assailant when his photo appeared in the newspaper and
on television after his arrest in a separate rape case. On January
6, 1987, three days after the attack on the soldier, Gray murdered
Kimberly Ann Ruggles, a civilian taxi driver who had been dispatched
to pick up a passenger named "Ron" at Gray's address. In the early
morning, military police who were patrolling the base discovered
Kimberly's empty taxi. It was found parked at the edge of the nearby
woods. Kimberly's nude body was found nearby and she had been raped,
sodomized, stabbed and beaten to death. She suffered seven stab
wounds as well as bruises on her eyebrow and nose and a
laceration on her lip. She had been gagged with a cloth belt that
matched a pair of black karate pants that other police officers had
found in Gray's possession hours earlier when Gray was arrested for
the rape of a woman near a trailer park close to Fort Bragg. Other
evidence against Gray in this case included his fingerprints, which
were found on an interior door handle of Kimberley's taxicab
as well as her fingerprints which were found on cash that Gray had.
Gray's footprints were also identified at the scene of the crime.
The military trial lasted from December 1987 until April 1988. Gray
was convicted of 14 charges, including two murders, attempted
premeditated murder, three rapes, two robberies and two counts of
forcible sodomy. The court-martial panel's decision to sentence Gray
to death was unanimous. Army spokesman Lt. Col. George Wright says
Gray has two legal options remaining as of November 20, 2008: filing
a petition with a federal appellate court to stay the execution, or
requesting that the President reconsider approval of the execution.
If neither of these options are successful, Gray will be executed on
December 10, 2008. UPDATE: A federal judge has stayed Ronald Gray's
execution, saying the U.S. soldier, who was convicted of rape and
murder over twenty years ago, should have more time to pursue a
federal appeal. an order issued November 26, U.S. District Judge
Richard Rogers of Kansas said that a stay is necessary so Gray can
pursue his federal appeal. Rogers ruled on a motion filed by Gray's
attorneys, who asked for time to challenge the legality of his
convictions and sentence. Government attorneys have asked Rogers to
reconsider his decision, saying that Gray seeks a stay "apparently
based on the premise that at some point he will identify a new legal
issue or discover new evidence" upon which to appeal and that Gray
"continues to delay unnecessarily." Gray has had ample time to
appeal, the Justice Department attorneys said. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
December 19, 2008 |
Wyoming |
Lisa Marie Kimmell,
18 |
Dale Eaton |
stayed |
|
At
about noon on April 2, 1988, a fisherman found the murdered corpse
of eighteen-year-old Lisa Marie Kimmell in the North Platte River
southwest of Casper, near what is called Government Bridge. The
crime was not solved until 2002, when a DNA match linked Eaton, who
was incarcerated in Colorado on a felony conviction, to her murder.
On April 17, 2003, Eaton was charged with Lisa's murder, and on June
3, 2003, the State gave notice that it would seek the death penalty.
Lisa Kimmell was last seen alive at approximately 9:08 p.m., on
March 25, 1988, just east of Douglas, Wyoming, when she was issued a
speeding ticket by a Wyoming State Trooper. That event occurred when
she was en route from Denver, Colorado, to Billings, Montana, with a
planned intermediate stop in Cody. When she did not arrive in Cody
or Billings as scheduled, her mother reported her missing and a
search for her began on March 26, 1988. After her body was found on
April 2, 1988, an autopsy was performed. It revealed that Lisa had
been dead for 36 hours or more, although it was conceded that death
may have occurred as much as three to seven days earlier. Because
Lisa’s body was in the cold water of the North Platte River, the
time of death was difficult to estimate accurately. Lisa died of
massive loss of blood, internally and externally due to multiple
stab wounds to her chest and abdomen. In addition, a lethal blow was
delivered to Lisa’s head shortly before she was stabbed. That blow
would have proved fatal had she not first bled to death. Semen was
found in her vagina and on the panties she was wearing, which was
the only clothing she had on when her body was found. Samples were
taken and preserved. DNA extracted from the semen found on her
panties eventually led the authorities to Eaton. Eaton had once
lived near Moneta, Wyoming, and a search of that property uncovered
various parts from Lisa’s automobile, as well as the remainder of
the automobile itself, buried in the ground. At trial, two theories
emerged as to how Eaton and his victim came to be together. One,
reported by a fellow inmate of Eaton’s at the Natrona County Jail,
was that Lisa gave Eaton a ride to help him out. Eaton made sexual
advances toward her and Lisa slammed on the brakes and was going to
make him get out of the car “in the middle of nowhere.” Things spun
out of control and Eaton ended up subduing, raping and killing her.
This theory was presented to the jury during the guilt/innocence
phase of the trial. The second theory was presented by Eaton during
the sentencing phase. It came into evidence through a physician who
had examined Eaton for the purpose of preparing a mental
evaluation. Eaton reported that he returned to his home late on
March 25, 1988 and observed Lisa’s car parked on his land. He
thought there were two people there and that he was being
robbed. Eaton was in an angry state of mind to begin with, and upon
finding her there, he got even more angry. He approached her with a
gun and took her to his makeshift home. The further details of this
version suggested that circumstances then spun out of control, and
Eaton ended up raping and killing her after keeping her on his
property for several days so that he would not be alone at Easter.
The guilt/innocence phase of this case was tried to a jury on
February 23, 2004 through March 15, 2004. The penalty phase lasted
from March 18, 2004 until March 20, 2004. A sentencing hearing was
held on May 20, 2004, and a warrant of execution was entered of
record on that date. The judgment and sentence were entered of
record on June 3, 2004. Most members of Eaton's family refused to
testify on Eaton's behalf. Eaton had been abusive to his ex-wife and
children and they and other family members indicated that they felt
Eaton deserved the death penalty. |
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