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Seven killers were executed in
July 2008. They had murdered at least 9 people.
Ten
killers were given a stay in July 2008.
They have murdered at least 25 people.
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 1, 2008 |
Florida |
Junny Rios-Martinez, 11 |
Mark Schwab |
executed |
|
Early in March 1991
Mark Dean Schwab was released from prison after serving three and
one-half years of an eight-year sentence for committing sexual
battery on a thirteen-year-old boy. In the middle of March a picture
of eleven-year-old Junny Rios-Martinez appeared in a local
newspaper. Several days later Schwab called the Rios-Martinez home,
pretended to be a reporter, and claimed that he wanted to write an
article on Junny. Schwab ingratiated himself with the family over
the next several weeks, eventually claiming that he could get Junny
a contract to represent a surfing company. After school on April 18,
1991, a classmate saw Junny at a little league ball field and saw
him get into a U-haul truck with a tall man. Two days later Schwab
was in Ohio and called his aunt. He told her that someone named
"Donald" had forced him to kidnap and rape the child or else Donald
would kill Schwab's mother. On April 21 the police went to the
aunt's home, and, when Schwab called while they were there, she
allowed them to record the call. She also gave the officers
permission to tap her telephone, and, when Schwab called later that
evening, they traced the call and arrested him in a nearby town.
Besides the recorded statements to his aunt, Schwab also gave
statements to Sergeant Blubaugh, a Cocoa policeman, who flew to Ohio
with assistant state attorney Chris White. The day after his arrest,
Schwab, Blubaugh, and White flew back to Florida. Back in Brevard
County Schwab eventually indicated where the victim's body could be
found. The police then found the body in a rural, undeveloped area
of the county, stuffed into a footlocker. The state indicted Schwab
for first-degree premeditated murder, sexual battery of a child, and
kidnapping. Schwab waived a jury, and, after a week-long trial, the
judge convicted him as charged. Following the penalty proceeding,
the judge sentenced him to death.
The case prompted Florida's Junny Rios-Martinez Act of 1992, which prohibits
sex offenders from early release from prison or getting credit for
good behavior. UPDATE:
On July 1, 2008, Florida carried out the execution of Mark Dean
Schwab, who was convicted of kidnapping, raping and killing
11-year-old boy. Schwab died at 6:15 p.m. "We should all be so
lucky when it's our time," said Junny's father, also named Junny,
after Schwab's execution. "You have no idea how hard it was for me
not to get up and pound on that glass, just to make sure that he
knew we were there, but he knew we were there. Let's just imagine
for a second that it wasn't my son, that it was your son. I am sure
that the victim did not die as peacefully as he did today. The
torture, the last few minutes of his life, were nothing like this,
nothing. And there are people that have supported us that realize
that, and there's other people that want to cover the sun with their
hands, they don't see that. All this outcry, all these bleeding
hearts for this pervert." Junny's mother spoke at length following
Schwab's execution. "I just want you to know that that was the
most peaceful passing that I have ever been to. I only wish that I
would know that my son had passed as
peacefully as well,"
said
Vicki Rios-Martinez. "I am not here today to rejoice in a death,
nor do I feel the need to justify our presence here, as this ending
represents a new beginning for us. Seventeen years is way too long
to wait for justice and without justice, there is no closure.
Closure is a time when we finally can close the door to the past, to
the hell we have lived through, and begin recreating our heaven on
earth. I can identify with the right-to-lifers who are here to
protest. Before Junny's death, I did not believe in the death
penalty. Then for me, the shoe was put on the other foot. I viewed
life from a whole new perspective. Evil came to live in my heaven.
Humanity had taken one of its own, not on TV, or in the movies, not
in some other town or state or country, but in my own home, right
underneath my eyes. This human became inhumane. He had been caught
and convicted of his evil ways. He was given not one, but two life
sentences, only to receive a second chance instead. Upon his
release, he chose to continue his evil ways. He preyed on the
innocent with his lies. He chose his next victim with intent. He
chose to violate his probation, knowing that if he got caught, the
consequence would be to serve every single day of his two life
sentences. So to avoid jail, he plotted and planned Junny's torture
and demise. I believe that we as humans can choose to be evil, and
that is the life Schwab chose for himself. He has come full circle;
he has lived. Now his drama is finished. His reign of evil has come
to an end. The universe has brought about balance, justice and the
law of consequence. I have closure." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 10, 2008 |
Texas |
Carlton Turner, Sr.
Tonya Turner |
Carlton Turner,
Jr. |
executed |
|
On 8/8/98, in
Irving, Texas, Carlton Akee Turner, Jr. fatally shot his adoptive
parents. The 19-year-old shot and killed his parents in their home
and put their bodies in the garage. After this, Turner took their
jewelry and went shopping with his parents’ cash and credit cards
and a check forged on their account. The Turners' co-workers became
alarmed when they had not seen or heard from them in several days.
Irving Police obtained a search warrant for the family's residence
and they discovered both victims in the garage, deceased. Both
Carlton Sr. and Tonya Turner died of gunshot wounds. Turner
testified at trial that he shot his father in self-defense. This
self-defense theory contradicted his 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. 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. UPDATE: As a final
statement before his execution, Turner apologized for killing his
adoptive parents a decade ago at their suburban Dallas home. "I've
been sorry for the last 10 years for what I did. I wish you could accept my
apology," he said to an uncle who watched impassively through a
window. "I know you can't give your forgiveness. It's okay and I
understand." Turner said he hoped his
family could come to terms with what he did. "I accept responsibility
as a man. I take this penalty as a man. I am sorry." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 10, 2008 |
Virginia |
Beulah Mae Kaiser, 79
|
Kent Jackson |
executed |
|
On April 18, 2000, the
body of Beulah Mae Kaiser, 79 years of age, was found in her
apartment. According to the medical examiner, Mrs. Kaiser died from
a combination of a stab wound to her jugular vein, a fractured
skull, and asphyxia caused by blockage of her airway by her tongue.
Any one of these injuries could have been fatal. In addition to
these injuries, Mrs. Kaiser suffered two black eyes, a broken nose,
and multiple abrasions, lacerations, and bruises. She had five stab
wounds to her head and neck, including the wound to her jugular
vein. The medical examiner also testified that Mrs. Kaiser had been
anally sodomized with her walking cane and that the cane then had
been driven into her mouth with such violence that it knocked out
most of her teeth, tore her tongue and forced it into her airway,
fractured her jaw, and penetrated the left side of her face. When
Mrs. Kaiser's body was found, her apartment was in disarray.
Personal items were strewn throughout the apartment, blood spatters
were on the surfaces of the apartment, and the contents of Mrs.
Kaiser's purse had been dumped on the floor. The police were unable,
however, to find a weapon or any fingerprints of value. The crime
went unsolved for over 16 months until DNA testing of saliva on a
cigarette butt found in the apartment implicated an individual named
Cary Gaskins. An interview with Gaskins led the police to Joseph M.
Dorsett and Kent Jermaine Jackson, who had been roommates in an
apartment across the hall from Mrs. Kaiser's apartment at the time
of her death. Following an interview with Dorsett, Newport News
police arrested Dorsett, charging him with Mrs. Kaiser's murder, and
obtained a warrant for Jackson's arrest. Police arrested Jackson at
a girlfriend's home in King George County around 4:00 a.m. on August
29, 2001. During an interview with Newport News police detectives at
the King George County jail that afternoon, Jackson confessed to the
murder of Mrs. Kaiser. On January 14, 2002, Jackson was indicted by
a Newport News grand jury for the capital murder of Beulah Mae
Kaiser in the commission of a robbery or attempted robbery, robbery,
felony stabbing, statutory burglary, and object sexual penetration. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 14, 2008 |
Illinois |
Terrance Hanson, 57
Mary Hanson, 55
Kate Hanson-Tsao, 31
Jimmy Tsao, 34 |
Eric Hanson |
stayed |
|
In 1993, Eric Hanson
threatened to kill his sister Kate after the two had an argument. In
her statement to police, Kate told of her brother's anger over being
told to leave the family's Minnesota home at her parents' request.
She wrote that her brother grabbed her by the hair, threw her to the
ground and placed a kitchen knife to her throat. Holding the knife
to her throat, he said: "I might as well kill you because as soon as
my probation officer finds out, I'll be sent away anyway. I can
cover it up. No one will know." Twelve years later, Hanson killed
his sister, about two months after he threatened to do so if she
told their parents of his credit-card fraud. He also murdered their
parents and Kate's husband. On the evening of September 28, 2005,
Hanson broke into his sister's home in Aurora, Illinois and
bludgeoned her and her husband Jimmy to death. Kate had discovered
that Hanson had stolen around $80,000 from his parents through
credit-card fraud, forgery, identity theft and mail fraud. Kate
planned to tell their father about the theft. After killing the
Tsaos, Hanson drove to the home of his parents in Naperville, shot
Terry and Mary Hanson in their heads while they slept, then took
their bodies to the Tsao home. Police found a pair of gloves and a
wristwatch that had Terry Hanson's blood on them in Hanson's car on
October 1, 2005. Analysis of the GPS system in Hanson's car showed
that Hanson had gone shopping the day after committing the murders.
He then returned to his parent's home and then went to the airport.
Hanson had booked a flight to Los Angeles that morning, intending to
visit his ex-fiancée. A friend contacted Hanson in Los Angeles and
told him of the deaths of his family members. The friend
reported that Hanson had expressed surprise that authorities had
gone to his sister's home. Hanson was arrested the next morning
shortly after returning to Illinois. There are still appeals
pending in this case and the execution is not likely to take place
on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 14, 2008 |
Nevada |
Holly Jean Quick, 16 |
Tamir Hamilton |
stayed |
|
Tamir
Hamilton was sentenced to death plus 2 consecutive life prison terms
for the rape and murder of 16-year-old Holly Quick. Hamilton
was a friend of Holly's older sister and went to her house one night
while Holly's mother was out on an errand. She returned and went to
bed, not realizing that Hamilton was in the house. She found Holly
in her bed the next morning, with her throat slashed. Hamilton had
been asked to be a pallbearer at Holly's funeral, but was arrested
before the funeral. In March 2008, a jury found Hamilton guilty and
sentenced him to death after confirming four aggravating factors: he
had two previous felony convictions involving violence, he tortured
or mutilated the victim and he killed her during a sexual assault.
In 2000, Hamilton was charged with murder and robbery in Clark
County. He pled guilty to one count of robbery and battery with a
deadly weapon, but the murder charges were dropped. While awaiting
trial on the Quick murder, Hamilton was convicted and sentenced to
life with parole possible after 10 years for raping a University of
Nevada, Reno student weeks before Quick, a Spanish Springs High
School student, was killed. That rape had remained unsolved until he
was arrested for murder and his DNA matched the unsolved crime. The
victim was attacked from behind as she opened the door to her
brother's apartment. Quick's mother, Patricia Doss, and sister,
Jhana Williams, cried with their arms wrapped around each other
after the verdict was read, while the victim's father, Tom Quick,
closed his eyes as tears rolled down his cheeks. In a joint
statement, the family praised the jury, prosecutor Luke Prengaman,
police and the community. "We would like to express our profound
relief at the closing of this chapter of this tragedy," the family
said. "The matter of justice has been settled." Mike Glenn, Quick's
uncle, said the family was satisfied justice was served. "But even
if they execute him, there will never be closure," Glenn said.
"Nothing's going to fix it. The facts of a person getting the death
penalty and the time frame it takes to kill them is extensive and
long," said Glenn. "But the incarceration level of someone on a
death sentence is much different than somebody in general
population. I would prefer his stay to be under those conditions
myself." There are still appeals pending in this case and the
execution is not likely to take place on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 15, 2008 |
Louisiana |
Billy
Lambert, 50
Carol Hooper, 54
Maureen Kelley, 37
Nicholas Kelley, 10 months |
Darrell Robinson |
stayed |
|
Darrell Robinson was convicted in 2001 for murdering four people in
the Poland, Louisiana community in 1996. Robinson was found guilty
in 2001 in state district court in Alexandria by a jury composed of
St. Landry Parish residents for killing Billy Lambert, 50; Carol
Hooper, 54; Hooper's daughter, Maureen Kelley, 37; and Kelley's
10-month-old son, Nicholas Kelley. Robinson was sentenced to death
by lethal injection on April 9, 2001. The bodies of the victims were
found in the living room of Lambert's home in Poland, where Robinson
had been staying. Lambert had been shot in the left eye; Hooper once
in the left eye; Kelley in the left cheek; the 10-month-old in the
top of the head. The murder weapon was never found. Authorities
suspect it was a .38-caliber revolver that Lambert's relatives said
he kept in his bedroom that was never recovered. Lambert and
Robinson met in a treatment session for alcoholism. There are still
appeals pending in this case and the execution is not likely to take
place on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 15, 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. 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. Shots rang out, and Frank ran
back to the front of the restaurant. Chau, Quoc, and the 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. 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. There are still
appeals pending in this case and the execution is not likely to take
place on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 22, 2008 |
Texas |
Bob G. Tate, 51
Ronald Mayes, 39
Philip Good, 29
Jerry Mac Brown, 52 |
Lester Bower |
stayed |
|
Bobby Tate, Philip
Good, Ronald Mayes, and Jerry Brown were shot in an ultralight
hangar in Grayson County, Texas, on October 8, 1983. Law enforcement
officers learned that Tate had been trying to sell an ultralight
airplane and that Good was helping him find a buyer. By
investigating phone calls made to Good, the authorities located
Lester Bower, who had responded to Good's advertisement. In response to
questioning by the FBI, Bower denied having met Good or Tate and
denied purchasing the ultralight airplane. After a search of Bower's
home uncovered pieces of Tate's ultralight, Bower was arrested. The
trial began on April 11,1984.2 On April 28, 1984, Bower was
convicted and sentenced to death. UPDATE: The execution of
Lester Bower has been stayed. District Judge Jim Fallon has
withdrawn the death warrant, while lawyers argue about DNA testing
of evidence. District Attorney Joe Brown says this does not mean
Bower will not be executed. If the judge denies the DNA request, or
if DNA testing is done and nothing new is found, then the execution
will be re-scheduled. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 22, 2008 |
Oklahoma |
Joseph Sutton |
Kevin Young |
pending |
|
This case arose from a
shooting during an attempted robbery at the Charles Steak House in
Oklahoma City in the early morning hours of May 14, 1996, where
Joseph Sutton ran a gambling operation in a back room. Sometime
after midnight, two African-American men, armed with
guns, entered the Charles Steak House, and walked into the gaming
room. Karl Robinson testified the taller man said "all you SOBs are
going to die." George Edwards heard the same man say he was going to
kill everyone. When Edwards saw the taller man pull a gun, Edwards
grabbed the gun and held it in the air while the taller man fired it
repeatedly until the gun was emptied. At this same time, the shorter
of the two men pulled his gun, pointed it in the air and said "we
come for the money." Joseph Sutton threw something on the floor,
pulled his own gun, pointed it at the shorter man and tried to fire
it, but a bullet was not chambered and the gun did not fire. The
shorter man then fired on Sutton. Sutton was shot four times and
died as a result of a gunshot wound to his abdomen. Quintin Battle,
who was in between Sutton and the shorter gunman, was shot twice
during the gunfire. Battle testified he dropped to the floor when
the shooting began, because he feared he would be shot and killed.
George Edwards suffered powder burns on his arms and face while
struggling with the taller gunman. Both gunmen ran from the Charles
Steak House after the shooting. One ran down North Lottie, away from
the restaurant, holding his arm. Within minutes of the shooting,
Kevin Young arrived at Presbyterian Hospital emergency room with
three gunshot wounds. He told emergency personnel his name was "Roy
Brown." He had a bullet in his left chest, another bullet wound to
his right thigh, and a third grazing wound to his right shoulder.
Hospital personnel reported the gunshot victim to the police.
Officer Cook, who was responding to the Charles Steak House
shooting, heard dispatch report a gunshot victim at Presbyterian
Hospital. He went to the hospital and asked "Roy Brown" if he was at
the Charles Steak House. Young told officer Cook he had not been
there and said he was shot near a 7-11 convenience store and an
Autozone store. Young told officer Cook he rode a bus to the
hospital and did not know where he was shot because he was from out
of state. Officer Cook testified he knew Metro Transit buses did not
operate after midnight and he suspected "Roy Brown" had in fact been
involved in the Charles Steak House shooting. He contacted officers
at the shooting scene and asked if any witnesses there could
identify the shooter. Young also spoke with Officer Smith at the
hospital and gave him a different date of birth than he gave officer
Cook. He told officer Smith he was shot near a 7-11 convenience
store and an Autozone store, but said he did not know how he got to
the hospital. Within 30 minutes of the shooting, Karl Robinson and
Ben Griffin were brought separately to the hospital to see if they
could identify the person in the emergency room. Karl Robinson saw
Young lying on a gurney. Robinson was unsure whether Young was one
of the gunmen until he saw Young's shirt on the floor. He told the
officers the shirt looked the same. Robinson was unable to identify
Young at the preliminary hearing, but positively identified Young at
trial. Ben Griffin thought Young was one of the shooters and asked
to see the shirt he was wearing. After he saw the shirt, he too
affirmatively identified Young as one of the shooters. Griffin could
not identify Young at preliminary hearing and did not try to
identify him at trial. No weapons were recovered at the scene of the
shooting. However, a .38 caliber Smith and Wesson revolver
containing six spent shell casings was found in a trash can about
two blocks from Presbyterian Hospital. The woman who found the gun
heard someone drop it in her curbside garbage can around 12:30 a.m.
on May 14, 1996. Joseph Sutton's Sphinx .380 semiautomatic pistol
was given to police officers by the owner of the restaurant a couple
of days after the shooting. The owner obtained the gun from the
restaurant manager who had hidden the gun and taken Joseph Sutton's
wallet and money from his pockets immediately after the shooting.
Police officers also recovered a .9mm handgun and $500.00 from a van
belonging to Ben Griffin. Ballistics and firearms testing were done
on the recovered weapons, projectiles and casings found at the scene
and recovered from Joseph Sutton. Four full metal jacket bullets
recovered from the shooting scene were .380 caliber and were
determined to have been fired from Joseph Sutton's gun. Eight .380
caliber auto fired casings were found to be consistent with having
been fired from Joseph Sutton's gun. Two lead projectiles found at
the scene had insufficient markings for ballistics comparison. Two
copper jacket projectiles could not have been fired from any gun
recovered. One projectile found at the scene was consistent with
having been fired from the .38 caliber Smith and Wesson revolver
that was found in the trash can. Two bullets recovered from Joseph
Sutton were consistent with having been fired from the .38 caliber
Smith and Wesson revolver. All six casings found in the .38 caliber
Smith and Wesson were positively identified as having been
fired from that gun. Blood samples were collected from the shooting
scene and were also taken from Joseph Sutton, Quintin Battle, the
codefendant Antwuan Jackson, and from Young. Of three blood
swabbings collected from the scene, one positively matched Joseph
Sutton's blood sample, another did not match any known sample, and
the third positively matched Young's blood sample. DNA testing
confirmed a positive match of the blood sample collected from the
shooting scene with Young's blood sample. Two DNA forensic chemists
testified to the positive match, and one estimated the combined
probability results of a match would occur in the African-American
population only one in one hundred thirty-two million times
(1:132,000,000). Around 6:30 a.m. on May 14, Young was
released to Oklahoma City police custody. A bullet remained in his
back left side, below his shoulder blades. Over a year later, Young
saw the county jail doctor complaining of pain and drainage from
where the bullet was embedded. The doctor prescribed antibiotics,
but Young never returned to have the bullet removed. Dr. Jett, a
surgeon, saw Young about four weeks later for the purpose of
removing the bullet, and determined the bullet was no longer there.
Dr. Jett testified a fresh wound was present where the bullet should
have been. On May 22, 1996, Young and his co-defendant, Antwuan
David Jackson, were each charged with Murder in the First Degree
(malice aforethought), Attempted Robbery with Firearms, and Shooting
with Intent To Kill. Young and Jackson were tried separately, and
Jackson was acquitted on all counts. A jury convicted Young on all
three counts. During the second stage of the trial, the state sought
the death penalty based on three aggravating factors: (1) Young had
been previously convicted of a felony involving the use or threat of
violence to a person; (2) There was a strong probability that Young
would commit criminal acts of violence that would constitute a
continuing threat to society; and (3) Young knowingly engaged in
conduct that posed a great risk of death to multiple persons. Young
stipulated that in 1991 he was convicted in California state court
of shooting into an occupied vehicle, second degree robbery, and
assault with a firearm. In support of the aggravating factors, the
state relied on evidence it presented during the guilt stage of the
trial, and presented a letter read by the victim's daughter as
victim impact evidence. Young presented three witnesses in
mitigation. Fredrick Smith, a record keeper for the county jail,
testified that no disciplinary reports had been filed against Young
during his two years of incarceration. Smith admitted, however, that
he had never had any personal contact with Young, nor spoken with
anyone who had. Next, Dr. Phillip Murphy testified that, based on
tests he conducted on Young and his personal examination of the
defendant, it was his opinion that Young did not pose a continuing
threat to society if he remained in a structured prison environment.
Finally, Young's sister, Linda McZeal, testified that Young had
lived with her for most of his childhood, and that during that time
he was an intelligent, caring, helpful, and well-behaved child.
McZeal testified that after he left her home his problems began, and
he started to run afoul of the law. The jury found unanimously that
all three aggravating circumstances were present, and, after
weighing them against the mitigating circumstances, recommended a
death sentence on Count One. The jury also recommended sentencing
Young to 20 years' imprisonment and 30 years' imprisonment for
Counts Two and Three, respectively. The trial court adopted the
jury's recommendations in full, and ordered that both terms of
imprisonment would run consecutively to Count One. UPDATE: Kevin
Young was granted a 30-day stay of execution so the governor can
hear arguments for and against his death sentence. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 23, 2008 |
Mississippi |
Marcus James Gentry |
Dale Bishop |
executed |
|
About 10:30 p.m. on
the evening of December 10, 1998, Dale Leo Bishop, Mark Gentry, Jessie
Johnson, Cory Johnson and Charlie Rakestraw went to Ricky Myhand
and Rachel Dobbs's apartment in Saltillo. Jessie, Bishop's
co-defendant, and Cory were brothers. After drinking a couple of
beers, Jessie decided to go to a store for more beer and asked
Myhand to go along. Gentry, who had driven his vehicle to Myhand's
apartment, drove Jessie, Bishop and Myhand to the store. Upon
reaching their destination, they discovered that the store was
closed, so Gentry turned around and headed back toward Myhand's
apartment. On the way back, Jessie, who was seated in the front
passenger seat, asked Gentry why he "narced" or "ratted on" his
little brother. Gentry denied doing so. Jessie said, "Yeah,
you did," then reached down to the floorboard, grabbed a hammer and
hit Gentry between the eyes. The car coasted to a stop and Gentry
begged Jessie not to hit him again. Bishop, who was seated behind
Gentry, grabbed Gentry in a headlock and hit him. While he was being
held, Jessie struck Gentry in the head again with the hammer. Bishop
and Jessie next made Gentry move over into the front passenger's
seat, and Jessie began driving. He turned off the road and went down
a little field road. When Jessie stopped the vehicle, Gentry jumped
out of the car and ran. Jessie told Bishop to catch him. In his
statement given to the police, Bishop said Jessie was upset at
Gentry for ratting on his brothers. As a result of the "ratting,"
Bishop believed that Jessie's little brothers were charged with some
serious crimes. "Mark Gentry had instigated his brothers' getting
about 9 or 10 counts of grand larceny and burglary." In his
statement given to the police, Bishop, whose life-long vocation was
being a carpenter, admitted the hammer belonged to him and went into
some detail describing its characteristics. He stated that
carpenter's hammers normally used in Mississippi weighed 20 to 22
ounces. He stated, "The hammer owned by Bishop and used to hit
Gentry is a 28 ounce Vaughn California framing straight claw." He indicated that his hammer was
not available for purchase in Mississippi. When asked by the police
about how he came about bringing a hammer with him when he went
riding with Gentry, he admitted using a false pretense: BISHOP:
Well, when the trip originally began, the excuse was that I was
going to go work on my truck and I use the hammer to work on my
truck. POLICE: Is that true? BISHOP: That's just how we
got the usage of the car to begin with. There is some discrepancy in
the chain of events. In his statement, Bishop indicated that Jessie
initially "decked Gentry with his hands." Then Bishop grabbed Gentry
and Jessie hit him "probably just twice" with the hammer. After
about five minutes Bishop came back with Gentry and forced him to
get on his knees in front of the car. Bishop and Jessie began
kicking Gentry. Jessie struck Gentry numerous times with the hammer.
At one point Myhand was asked to hold Gentry while Bishop retrieved
beers for himself and Jessie. In response, Myhand begged Jessie to
stop. When they finished, Bishop had to dislodge the hammer from
Gentry's throat, and then he and Jessie drug Gentry into the bushes.
While returning to Myhand's apartment, Jessie and Bishop discussed
finding a shovel with which to bury Gentry. At Myhand's apartment,
Jessie and Bishop washed off and changed into some clean clothes
given to them by Myhand. When Bishop, Jessie, Cory and Rakestraw
finally left the apartment, Myhand and Dobbs called the police.
Myhand took the officers to the site of the murder, and Gentry's
body was recovered. Gentry's car was there, and a shovel was found
nearby. Bishop and Jessie apparently fled the scene when the police
car pulled up. They hid out in the woods until they were apprehended
on December 13, 1998. Steven Hayne, M.D., a forensic pathologist who
conducted the autopsy on Mark Gentry's body, testified that there were 23
injuries to the head, neck and hand which were produced either by a
blunt object with enough force to break or tear the skin, or with a
sharp object such as the edge of a claw hammer. These injuries did
not include bruises or scrapes which could have been produced from
being kicked. Injuries to the hands, forearms and fingers were
consistent with defensive posturing by Gentry. According to Dr.
Hayne, "Mr. Gentry died from cranial cerebral trauma, secondary to
blunt force trauma to the head, and he also died from lacerations,
tears of the voice box, with aspiration of blood." UPDATE: The
family of Marcus James Gentry issued this statement after the
execution of Dale Leo Bishop: "The family came today with many mixed
emotions. With all the media attention and all the appeals, we were
just not sure what to expect. We had to relive all the memories and
emotions from that December. The pain and loss that this man put
upon us will never be forgotten. We lost Mark - not by chance, but
by the choice of two ungodly men. Unlike Mark, Dale had a chance to
see his family and say goodbye. His family will be in our prayers
because we know what it is like to live with that emptiness. This
man who knowingly and intentionally helped beat to death and took
another life with his own hands was punished the way that was
intended, and whether or not people believe in the death penalty,
until you stand in our shoes and feel our pain, the loss of someone
you love being ripped away, do not judge. A small piece of justice
has been served here today. It does not correct the injustice that
happened to Mark, but it is the law, and it was carried out as it
should have been." Gentry's mother, Kathy Gentry, and uncle, Gerald
Gentry, witnessed the execution.
|
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 23, 2008 |
Texas |
Melody Flowers, 27
Patrick Flowers, 2 |
Derrick Sonnier |
executed |
|
Derrick J. Sonnier, a
Louisiana native, was sentenced to death for the 1991 rape and
murder of a mother of five children, Melody Flowers, 27, and the
stabbing death of her two-year-old son, Patrick. Sonnier had a prior execution
date of Feb. 26, 2008, which was set aside pending the Supreme
Court's ruling on the constitutionality of the lethal injection
process. During his trial in 1993, evidence showed that Sonnier
raped then beat Melody with a claw hammer until the handle broke
off, strangled and then stabbed her with a kitchen knife. He dumped
Melody's body in her bathtub. After he killed the toddler, Patrick,
by stabbing him to death, Sonnier tossed his body atop his mother's
in the bloody bath water. Melody Flowers was a neighbor of Sonnier.
Sonnier lived in an apartment with his girlfriend two doors from the
Flowers apartment. Prior to her death, the evidence shows that
Sonnier, on more than one occasion, intruded into her apartment
without her knowledge or consent and scared her. Upon doing so, he
would laugh and taunt her for her fear. The precise cause of Melody
Flowers’s death is unknown; it could have been from any of the four
injuries she endured: (1) the bludgeoning with a hammer upon her
head; (2) the asphyxia due to manual and ligature strangulation; (3)
the stomping upon her chest and neck; (4) or the two stabbings to
her chest. Patrick Flowers, the child victim, died from being
stabbed twice in the chest, one of which penetrated his heart; he
was thereafter submerged in a bathtub. Jurors learned that Sonnier
stalked Melody Flowers for two years before the killings. From a
Houston Chronicle article published on May 25, 2008: It was
midnight, but Melody Flowers had to get something off her chest. The
single mother of five woke her eldest. "If something should ever
happen to me," she whispered to 8-year-old Tameka, "I want you to
know that I will always love you all. I want you to be there for
your brothers and sisters. Even if you are not able to see me, I'm
still with you all." The next afternoon, the 27-year-old Flowers was
dead. She had been bludgeoned with a claw hammer, raped, strangled
and stabbed. Her body was dumped in the partially filled bathtub of
her Humble apartment. The lifeless body of her toddler, Patrick,
also stabbed, lay on top of her. For her surviving children, the
years that followed were cruel. She was the only one who showered
them with love. Without it, they felt as though they were little
more than burdens. Now, 17 years later, memories of the horrific
murders and the years that followed came to the fore with word that
their mother's killer would be executed. Derrick Sonnier, who
authorities said stalked Flowers for months, was convicted of the
Sept. 16, 1991, murders and sentenced to die. On June 3, the
40-year-old will be the first in Texas to be executed since the U.S.
Supreme Court upheld the constitutionality of lethal injections last
month. He initially was set to enter Texas' death house on Feb. 26,
but Harris County prosecutors voluntarily set aside the date to
await the high court's ruling. Sonnier has declined interview
requests. During his trial, Sonnier claimed authorities had the
wrong man. He told police he had been alone in his apartment. Tameka
Traylor, 25, and Sebrina Flowers, 23, Melody Flowers' daughters,
plan to witness his execution in Huntsville. "He took everything
from us," said Traylor, now a married mother of four. "Nothing will
ever bring Melody and Patrick back or remove all the hurt and pain
we had to endure. When he gave them the death sentence, he took the
only person that loved us away from us ... and my brother didn't
even have a chance to live his life." After the murders, the
children lived apart for years while being raised by different
family members. The youngest daughter, Morgan, spent most of her
life in Lubbock with her father. She now is back in the Houston
area. "We really don't know anything about her," Traylor said,
"because she was never around us growing up. She was taken from us."
Through Traylor, Morgan and their brother, Reginald, declined to be
interviewed for this story. During their upbringing, Traylor said,
she and two of her siblings felt as though no one really cared what
became of them. No one even made sure they went to school, she said.
Melody Flowers' three oldest children - Tameka, Sebrina and Reginald
- first were sent to live with their grandparents, who already were
raising two other grandchildren on a limited budget. When their
grandparents became too frail to care for them, the trio, then in
their early teens, was separated. Reginald and Sebrina Flowers were
sent to live with their father, while Traylor, who had a different
father, lived with an aunt. Later, Sebrina Flowers ran away from
home to live with Traylor. In high school, Traylor said, she became
sexually active out of a need to find love. She dropped out after
becoming pregnant. Today, Flowers' eldest children are raising their
own families and remain close. The three rarely see their sister
Morgan, who is about to graduate from high school. In 1991, it was
Morgan's cries that led authorities to the grisly murder scene. The
1-year-old was found wailing outside the family's apartment, dressed
in a bloodied diaper. Inside, police found overturned furniture and
blood all over - an indication that Melody Flowers put up a fierce
fight for her life. A broken hammer investigators said was used to
deliver crushing blows to her head was found in the hallway. She had
been strangled with a rope, and when that failed the killer used his
hands. He also stomped on her throat and stabbed her twice in the
chest. Patrick was stabbed eight times. He was 2 and had just
learned to talk. Investigators suspected he was killed because he
may have been able to identify their attacker. Sonnier was dating
one of Melody Flowers' close friends and lived just two doors away
from her apartment. But for months, investigators said, he stalked
Melody Flowers, sometimes slipping into her apartment when she was
not home. One time she found him hiding in her bedroom closet. If
their mother was afraid of Sonnier, she never let her children see
it. "As children, all we do remember is them being friends," Traylor
said. "We trusted them. Never in a million years would we think he
could do something like that." The day of the murders, neighbors
reported seeing Sonnier with a wounded hand wrapped in a bloody
towel. When he answered his door, Sonnier's first words to police
were, "I didn't hurt her." In his apartment, where Sonnier lived
with his girlfriend, police found Melody Flowers' bloody blouse and
a blood-soaked towel that also belonged to her. Police later found a
grocery bag stashed in a field near the complex that had his bloody
socks, shoes, and other items that linked him to the crime. When
Tameka, Sebrina, 7 at the time, and Reginald, who was 4, returned
home from school, a neighbor kept them away from the crime scene
until their grandparents arrived. The neighbor fed them corn dogs
and gave them other snacks, but she kept escaping to her bedroom to
use her telephone, Traylor remembers. "She didn't want us to know at
that time what had happened," Traylor said. Sebrina Flowers said
that as she and her brother sat in a police car, he told her he had
to eat all of his lollipop before Patrick came around. "Our
grandparents took us to the scene, and I remember seeing the yellow
tape around our patio door," Traylor said. "The first thing I did
was start screaming for my mom. I tried to run, and I broke loose
from whoever was holding me. One of the police officers grabbed me."
Sebrina Flowers, now a mother of five, remembers seeing the covered
bodies of her mother and brother being removed from the apartment.
"They had already explained to us what happened," she said. The
senselessness of the killings and the painful last moments of her
mother's life still weigh heavily on Traylor. She began seeing a
counselor when she learned of Sonnier's execution date. "To this
day, it still hurts," she said. "Just having everything, being
secure and happy and all that, just taken away from you for no
reason at all." A few weeks ago, she wrote Sonnier a letter, telling
him that although he robbed her and her siblings of a life with
their mother and brother, they no longer were his victims. She told
him she no longer felt hatred for him. Still, she and her sister
want to hear him confess and apologize for the murders. "We had
very, very hard lives growing up, and if my Mom were alive we
wouldn't have had to go through so much," Traylor said. "He needs to
understand what he did and what he took from us." Melody Flowers'
children cling to their memories of her, of how she played with
them, how she encouraged them to do well in school, and how she
loved to make them spaghetti. The sisters said they are raising
their own families as their mother would have raised them. "We still
have our heads up, and we're still moving forward," Traylor said.
"Everything she placed in us when we were children we still carry
that in us." Her mother kept her word. UPDATE: Sonnier
was executed without giving a final statement.
Video by Brett Coomer, Houston Chronicle. |
Tamika Traylor, the daughter of Melody
Flowers, reacts to the stay that was granted for Sonnier's
June 3, 2008 execution date. "He took everything from us,"
said Traylor, now a married mother of four. "Nothing will
ever bring Melody and Patrick back or remove all the hurt
and pain we had to endure. When he gave them the death
sentence, he took the only person that loved us away from us
... and my brother didn't even have a chance to live his
life." |
|
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July 24, 2008 |
Virginia |
Ricky Lee
Timbrook, 32 |
Edward Bell |
stayed |
|
On
the evening of October 29, 1999, Sergeant Ricky Lee Timbrook and two
probation and parole officers were working together in a program
known as Community Oriented Probation and Parole Services. One
aspect of Sergeant Timbrook's responsibilities was to assist the
probation officers in making home visits to individuals on probation
or parole. On that particular evening, these three individuals were
patrolling in an unmarked car in Winchester and were, among other
things, searching for Gerrad Wiley, who was wanted for violating the
terms of his probation. The officers went to Wiley's residence on
Woodstock Lane in Winchester several times that evening to no avail.
Just before midnight, when they returned to Wiley's residence for
the sixth time, they saw an individual standing in a grassy area
between a trash dumpster and an apartment building. As one of the
probation officers and Sergeant Timbrook exited the vehicle and
approached that individual, who was later identified as Daniel
Charles Spitler, another person, who had "dipped behind in the
shadows," began running away. Sergeant Timbrook pursued that
individual while calling for assistance on his radio. Spitler
identified the individual who ran from Sergeant Timbrook as Edward
Bell. Spitler testified that, on the evening in question, he was in
the area of Woodstock Lane for the purpose of obtaining cocaine from
Wiley. After no one answered his knock on the door of Wiley's
residence, Spitler started walking down a nearby alley where
he encountered Bell. Spitler did not tell Bell that he wanted
cocaine, but, according to Spitler, Bell "put his hands on me like
to pat me down to check and see if I had a wire on." During that
encounter, Sergeant Timbrook and the two probation officers arrived
in the unmarked vehicle. When the vehicle's headlights illuminated
Spitler and Bell, Spitler started walking toward the headlights, but
Bell stepped into the shadows of a building. Spitler identified
Sergeant Timbrook as one of the individuals who emerged from the
vehicle. According to Spitler, Bell then started running away and
Sergeant Timbrook chased after him, yelling "We have one running.
Stop." Spitler lost sight of Bell and Sergeant Timbrook when they
ran behind a building, but Spitler testified that he heard a shot
soon thereafter. Sergeant Timbrook chased Bell along several streets
and down an alley between two houses on Piccadilly Street. These
houses were separated by a fence approximately two or three feet in
height. As Sergeant Timbrook started to climb over the fence, a shot
rang out. A police officer, Robert L. Bower, who had responded to
Sergeant Timbrook's radio call for assistance, described the
incident in this manner: As Sergeant Timbrook started to cross over,
I took my eyes off of him, and directed it toward the subject. I
noticed it stopped. And, I saw a, what appeared to be a left
shoulder as it stopped. All I could was . . . it was like a black
material. . . . As soon as I saw it stop, I looked back at Timbrook
to say something, at which time I heard the shot. And, I saw
Timbrook falling. Sergeant Timbrook's body was found lying on the
ground with his feet close to the fence and his upper torso leaning
against a wall. His gun was still in its holster. Sergeant Timbrook
was transported to a local hospital where he was pronounced dead.
The cause of death was a single gunshot wound above his right eye,
caused by a bullet which was fired from a distance of between six
and eighteen inches. Brad Triplett, one of the probation officers
who had been patrolling with Sergeant Timbrook that evening, ran in
a parallel direction during part of Sergeant Timbrook's pursuit of
Bell. At one street intersection, he saw Sergeant Timbrook running
after the "same dark-dressed figure" who had originally fled from
Sergeant Timbrook. Triplett described that person's clothing as a
"dark black type of jumpsuit, nylon material," with "reflective like
stripes on the jacket." Several times during the pursuit, Triplett
heard Sergeant Timbrook yelling, "Stop running. Police." He also
heard the gunshot. The police searched the area for the suspect
throughout the night by securing a perimeter around the neighborhood
where the shooting had occurred and by using a helicopter equipped
with a heat-sensitive "Forward Looking Infrared" camera and a
spotlight. At one point during the search, Officer Brian King
spotted an individual lying on the back steps of a house located on
Piccadilly Street. King stated that the person was wearing a dark
colored jacket with reflective strips on the sleeves that "lit up
like a Christmas tree" when he shined his flashlight on the
individual. The person then stood up and disappeared behind a bush.
Emily Marlene Williams, who lived at the house, testified that she
heard the gunshot on the evening in question and about five minutes
later heard a "crash" in the basement of her house. After she told
the police about the noise in her basement, the police evacuated her
and her family from their home. The following morning, the police
discovered Bell, a Jamaican national, hiding in a coal bin in the
basement of the Williams' residence. He was wearing a "LUGZ" black
nylon jacket and a black beret cap with a gold pin. The jacket had
reflective stripes on the sleeves. Spitler identified both of these
items of clothing as those that Bell had been wearing on the evening
when Sergeant Timbrook was shot. Before Bell was transported from
the Williams' residence to the police department, a gunshot residue
test was administered to Bell's hands and the recovered particles
were subsequently identified as gunshot primer residue. During a
search of the backyard of the Williams' residence the day after Bell
was apprehended, a deputy sheriff found a pearl-handled, Smith and
Wesson .38 Special double action revolver. The gun was located under
the edge of a porch on the Williams' house and was covered with
leaves and twigs. Forensic testing established that this handgun
fired the bullet that killed Sergeant Timbrook. Forensic testing of
DNA that was recovered by swabbing the grips, butt, trigger, and
trigger guard of this revolver could not eliminate Bell as a
co-contributor of that DNA, which was consistent with a mixture of
DNA from at least three individuals. When questioned by the police
after his arrest, Bell admitted that he had been on Woodstock Lane
when "a white guy" allegedly began bothering him for information.
Bell said that when a car drove up and a man got out of the car, he
"was scared" and ran. He said he did not know who was chasing him or
why, and that when he heard a shot fired, he hid in the basement of
the house where he was later discovered. Bell denied having a gun.
However, while Bell was confined in jail awaiting trial, he told
another inmate that he shot Sergeant Timbrook, threw the gun
underneath a porch, and then broke into a house and changed clothes
in the basement. Justin William Jones testified that, around nine
o'clock on the evening of the shooting, he saw Bell in the vicinity
of Piccadilly Street. According to Jones, Bell showed him a revolver
and asked if Jones knew of anyone who wanted to buy a weapon. Jones
identified the pearl-handled, .38 caliber revolver introduced at
trial as the same weapon that Bell had shown him. The evening
Sergeant Timbrook was shot was not the first encounter between
Timbrook and Bell. Sergeant Timbrook had arrested Bell for carrying
a concealed weapon in May 1997. The following year, in September
1998, Sergeant Timbrook was present during the execution of an
Immigration and Naturalization Service order to detain Bell. Eight
months later, Sergeant Timbrook assisted in executing a search
warrant at Bell's home. Bell was present during that search. In the
summer of 1999, one of Bell's friends heard Bell state, as Sergeant
Timbrook drove by in a vehicle, "Somebody needs to bust a cap in his
ass." Another of Bell's acquaintances testified that she heard Bell
say that he would like to see Sergeant Timbrook dead, and that if he
ever came face to face with Sergeant Timbrook, he would shoot
Sergeant Timbrook in the head because he knew that Sergeant Timbrook
wore a bullet-proof vest. During the penalty phase, the Commonwealth
presented evidence regarding Bell's criminal history. Several law
enforcement officers testified about incidents involving Bell. A
police officer from Jamaica provided information about Bell's
commission of the crimes of assault and destruction of property in
1985. In 1997, an officer with the Winchester Police Department
found a .38 caliber handgun concealed in the trunk of a car being
driven by Bell. The serial number of the gun had been filed off. An
officer with the West Virginia State Police stated that when he
stopped Bell for speeding in 1999, Bell gave him a false name. When
the officer started to arrest Bell and place him in handcuffs, Bell
ran away into a cornfield. Another West Virginia law enforcement
officer found five .38 caliber rounds of ammunition on Bell's person
during a "stop and frisk" in 1999. Finally, two employees of the
jail where Bell was confined while awaiting trial testified that
Bell had threatened them. Another witness, Billy Jo Swartz,
testified about an incident in 1997 when Bell grabbed her head and
slammed it into his car. He also held a gun to her head. During the
same incident, Bell got into a fight with his pregnant girlfriend
and knocked her to the ground. Swartz further stated that she had
seen Bell with illegal drugs. Other witnesses likewise testified
about buying illegal drugs from Bell. Members of Sergeant Timbrook's
family described their relationship with him and the effect that his
death has had on the family. His wife was pregnant with their first
child when Sergeant Timbrook was killed. The only evidence that Bell
introduced during the penalty phase was from his sister and father.
There are still appeals pending in this case and the execution is
not likely to take place on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 24, 2008 |
Virginia |
John Langley |
Christopher Emmett |
executed |
|
In the early morning
hours of April 27, 2001, Christopher Scott Emmett beat his sleeping
coworker John Langley to death with the base of a brass motel room
lamp in order to rob Langley and use his cash to buy crack cocaine.
Weldon Roofing Company employed Emmett and Langley as laborers for
its roofing crews. During late April 2001, both men were assigned to
a project in the City of Danville and shared a room at a local motel
where the roofing crew was staying. On the evening of April 26,
2001, Emmett, Langley, Michael Darryl Pittman, and other members of
the roofing crew cooked dinner on a grill at the motel, played
cards, and drank beer. During the course of the evening, Langley
loaned money to Emmett and Pittman, who used the money to buy crack
cocaine. At approximately 11:00 p.m. that evening, Rainey Bell,
another member of the roofing crew, heard a noise he described as
"bang, bang" coming from the room Emmett and Langley shared. Shortly
after midnight, Emmett went to the motel office and asked the clerk
to call the police, saying that he had returned to his room, "seen
blood and stuff . . . and didn’t know what had took place." The
police arrived at the motel at 12:46 a.m. on April 27, 2001 and
accompanied Emmett back to his room. There they discovered Langley’s
dead body lying face down on Langley’s bed beneath a comforter.
Blood spatters were found on the sheets and headboard of Langley’s
bed, on the wall behind it, and on the wall between the bathroom and
Emmett’s bed. A damaged brass lamp stained with Langley’s blood was
discovered beneath Langley’s bed. In his initial statement to
police, Emmett denied killing Langley. He stated that he had
returned to the room and gone to bed. Emmett claimed to have
discovered the blood and Langley’s body later that night when he got
up to use the bathroom. Observing what appeared to be bloodstains on
Emmett’s personal effects, the police took possession of Emmett’s
boots and clothing with his permission. Emmett suggested that the
blood might be his own because he had injured himself earlier in the
week. Subsequent testing, however, revealed that Emmett’s boots and
clothing were stained with Langley’s blood. Later in the morning of
April 27, Emmett voluntarily accompanied the police to the Danville
police station. There he agreed to be fingerprinted and gave a
sample of his blood. Emmett admitted to the police that he had been
drinking and using cocaine on the previous evening. Over the course
of the next several hours, Emmett related different versions of the
events of the previous evening to the police. He first implicated
Pittman as Langley’s murderer, but ultimately Emmett told the police
that he alone had beaten Langley to death with the brass lamp.
Emmett was given Miranda warnings and he gave a full, taped
confession. Emmett stated that he and Pittman decided to rob Langley
after Langley refused to loan them more money to buy additional
cocaine. Emmett stated that he struck Langley five or six times with
the brass lamp, took Langley’s wallet, and left the motel to buy
cocaine. "Based upon the amount of blood and bruising of Langley’s
brain tissue at the point of impact," the medical examiner opined
that "Langley was not killed immediately by the first blow from the
lamp, but might have been unconscious after the first blow was
struck and may have suffered ‘brain death’ prior to actual death."
At the conclusion of the guilt phase of Emmett’s trial, Emmett was
convicted by a jury of the capital murder and robbery of Langley. At
the separate sentencing hearing, the Commonwealth sought the death
penalty based upon Virginia’s statutory aggravating factors of
future dangerousness and of vileness based upon aggravated battery
and depravity of mind. In support of the future dangerousness
factor, the prosecutor presented Emmett’s prior criminal history, to
the extent it could be determined. The prosecutor was unable to
establish why Emmett was incarcerated as a juvenile. Emmett’s
juvenile criminal record had been destroyed pursuant to North
Carolina procedure, and defense counsel intentionally avoided
opening the door to Emmett’s extensive juvenile criminal history.
The history presented consisted of juvenile convictions for
felonious larceny and for assault and battery arising from an
incident in which Emmett, while incarcerated in a maximum-security
juvenile detention facility, rushed a guard and locked him in a
closet in order to escape. In addition, the prosecutor presented
evidence of an adult conviction for involuntary manslaughter arising
from an incident in which Emmett, while driving a van in the wrong
direction and under the influence of alcohol, struck and killed a
motorcyclist. Testimony was presented that the drunken Emmett was
smiling after the driver was killed and told an officer "‘that there
was no need to worry about the man on the motorcycle. He was already
dead, and that he, (Emmett) could do nothing to help him.’" As noted
by the state court, the evidence showed that Emmett lacked remorse
for this earlier violent crime and for the current case of killing a
coworker. Indeed, Emmett himself confessed that he killed Langley
simply because it "just seemed right at the time." Such lack of
regard for a human life speaks volumes on the issue of future
dangerousness and leaves little doubt of its probability. In support
of the vileness factor, the prosecutor highlighted to the jury the
aggravated nature of the beating that Emmett inflicted upon his
victim. As noted by the state court, Emmett’s actions demonstrated
both aggravated battery and depravity of mind. Specifically, "the
use of a blunt object to batter the skull of the victim repeatedly
and with such force that blood spatters several feet from the victim
is clearly both qualitatively and quantitatively more force than the
minimum necessary to kill the victim." Additionally, "the evidence
established that Emmett violently attacked a co-worker with whom he
had apparently enjoyed an amicable relationship. The brutality of
the crime amply demonstrates the depravity of mind involved in the
murder of Langley." |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 28, 2008 |
Arkansas |
Kevin Barkley Jones, 24
Kendall Rachell Rice, 24 |
Gregory Decay |
stayed |
|
Gregory Decay was
sentenced to death for the murders of Kevin Jones and Kendall Rice
on April 3, 2007. Decay shot the couple in the face on April 3, 2007,
after he confronted them in their home at Club at the Creek
Apartments in Fayetteville. Decay’s attorneys said Decay thought
Jones and Rice had broken into his apartment and stolen about 1. 5
ounces of marijuana and a gun. Decay told police he shot Jones
because he was afraid he would take the gun from him and kill him.
In a police interview videotaped April 6, 2007, Decay described
shooting the couple. He said he shot Kevin once in the face, then
walked toward Kendall, who was standing in a doorway, and shot her.
Decay said that he then picked up one of the spent shell casings and
wiped the doorknob before fleeing. Arkansas' chief medical examiner,
Dr. Charles Kokes, told the jury on Tuesday that the bullet never
exited Kevin's skull, and he died from brain trauma. Kokes said that
Kendall could have faded in and out of consciousness for about 30
minutes before dying. Kendall was struck on the left side of her
face. The bullet severed the carotid artery, Kokes said, so she
likely lost consciousness almost instantly and died within a few
minutes. Kendall Rice’s older sister Kinlee Sharp said her friends and family called
Kendall
“Ken-nine-all” from the time she was in kindergarten because she
wrote her d’s upside down. She stood in the hallway and
watched Decay walk out after being sentenced to death. Decay glanced
at her as he passed. Vicki Rice, Kendall Rice's mother, said after
the recommendation that she was relieved. "It won't bring my
daughter back, but it's justice," she said. Robbie Jones, Kevin’s father, told the
jury that his son had been having trouble, but he was working to get
his life back on track. He said his son spent the last minutes of
his life trying to get to his girlfriend. Jones said that Kevin was
born with a brain tumor and could have died during an operation. He
worried about him dying in a car wreck when he started driving. But
he can’t get over his son’s murder. “This one — this one has got me
whipped,” Jones said. During the sentencing hearing, prosecutors
showed pictures of Kevin Jones and Kendall Rice at various times in their lives,
contrasting the images presented by crime scene photos shown earlier
in the day. From an article in the
Arkansas Democrat
Gazette: Juror Mark Cunningham of Farmington said none of nine
mitigating factors cited by Decay's defense attorneys was strong
enough to keep Decay from getting the death penalty. He said jurors
were able to evaluate the evidence without being distracted by the
"ramblings of lawyers." "When anyone goes into a room and point
blank shoots someone in the head and then walks over and shoots his
girlfriend in the head, there's very little left to your
imagination," said Cunningham, the Farmington fire chief. It was
difficult for Cunningham to listen to the testimony of Austin Jones,
the brother of Kevin Jones. Cunningham's own brother died four
months ago. "If you weren't bothered by any of that, you don't have
a heart," Cunningham said. "When it comes down to doing your job as
a juror, you have to put all of that behind you and look at the law
and follow that. That's how you come up with the decision like that.
"No juror should hang his head and feel guilt at any means. That
doesn't say it doesn't bother you." Juror Joseph R. Parker of
Springdale wouldn't say much about the jury's discussions or how
they decided on the death penalty.
"It's not something I'd want anyone else to have to go through,"
Parker said. There are still appeals pending in this case and the
execution is not likely to take place on this date. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 30, 2008 |
Missouri |
Randy
"Happy" Hamilton
Stacey Hodge
Alfred Pinegar |
John
Middleton |
stayed |
|
On
June 10, 1995, several drug dealers were arrested in Cainsville,
Missouri. John A. Middleton, a drug dealer who was not arrested,
worried informants would implicate him. That afternoon, Middleton
told another individual there were "some snitches that should be
taken care of," because Middleton did not want to return to prison.
Middleton mentioned several names, including Randy "Happy" Hamilton.
On June 11, Middleton and his girlfriend met Hamilton and Stacey
Hodge, Hamilton's girlfriend, on a gravel road. Middleton shot
Hamilton in the back once with an SKS rifle and shot Hodge in the
back three times. Middleton then killed Hamilton with a shot to the
head. Middleton's girlfriend killed Hodge with another SKS rifle by
shooting Hodge in the head. Middleton and his girlfriend placed both
bodies in the trunk of Hamilton's car. Middleton drove Hamilton's
car, looking for a place to dispose of the bodies, with Middleton's
girlfriend following in a truck. While driving around in Hamilton's
car, Middleton encountered Danny Spurling. Middleton, covered in
blood, told Spurling he had "taken care" of Hamilton. Middleton then
asked Spurling for advice on what to do with the bodies. Middleton
indicated he might burn the bodies in Hamilton's old house. The next
morning, Middleton gave Spurling the car stereo from Hamilton's car
and said "they were really going to freak out when they found those
two." Middleton also showed Spurling a written list of names and
asked if Spurling knew anyone on the list. About a week and a half
later, Middleton told Richard Pardun "there was a narc around and
they were going to take care of it." Middleton said he had a "hit
list" and mentioned several names on it, including Hamilton, Alfred
Pinegar, and William Worley. Middleton offered Pardun $3,500 to set
up a meeting with Worley. On June 25, John Thomas and Middleton
discussed informants at Middleton's house. Middleton named several
people who "needed to be taken care of," including Hamilton, Pinegar,
and Worley. While at Middleton's house, Thomas noticed two SKS
rifles as well as a box belonging to Hamilton. When Thomas inquired
about the box, Middleton replied "the guy who owned that box
wouldn't be needing it no more." Around the same time, Middleton
visited Dennis Rickert in Iowa. Middleton told Rickert, "I'd knowed
`Happy' for 15 years. He knew enough to put me away for life. I done
`Happy.'" Middleton then gave Rickert several guns, including two
SKS rifles, which Rickert later turned over to the police. Pinegar
was found murdered on June 26, 1995, and Middleton was arrested for
Pinegar's murder shortly thereafter. On July 10, Hamilton's car was
discovered abandoned in the woods. Hamilton's and Hodge's decomposed
bodies were found in the trunk, and the car stereo was missing.
Bullet fragments taken from Hodge's body displayed class
characteristics consistent with the SKS rifles Middleton gave to
Rickert. While awaiting trial, Middleton confessed to fellow jail
inmate Douglas Stallsworth, who testified Middleton described the
murders, admitted killing Hamilton and Hodge because they were
informants, and acknowledged hiding their bodies and taking the
rifles to Iowa. Following a jury trial in the Circuit Court of
Callaway County, Missouri, Middleton was convicted of two counts of
first-degree murder and two counts of armed criminal action. He was
sentenced to death for each of the two murders and given consecutive
ten-year sentences on the armed criminal action counts. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 31, 2008 |
Texas |
Michael Barrow |
Larry Davis |
executed |
|
On August 28, 1995, an
Amarillo police officer was dispatched to a house in reference to a
report that a body had been found in a house. The victim, Michael
Barrow, had been beaten and slashed about the throat. The crime
scene investigation revealed shoe impressions left on the floors of
the residence. It was theorized that there had been more than one
assailant. In addition, it was determined that numerous items, such
as jewelry, a television and other electronics had been taken from
the residence. Interviews with the victim’s known friends revealed
evidence which led to the arrest of two persons, Kristy Castillo and
Donald Drew. These individuals were later indicted for the murder of
Barrow, along with Davis. Further investigation into the case led to
the arrest of Ray Drew, brother of Donald Drew. Ray Drew provided a
written statement whereby he implicated himself and Davis in the
murder and robbery of Barrow. Based upon the confession of Drew,
Davis was arrested. Following his arrest, Davis provided a lengthy,
detailed written confession to law enforcement. His statement
implicated himself and the Drew brothers. Davis described the manner
of the robbery which he and the Drew brothers carried out as well
the beating and stabbing that Ray Drew inflicted on Barrow. Davis
also described the taking of various items from the house and where
these items were taken for storage. He also described efforts at
selling the stolen items and the money realized from fencing the
loot. Davis’s confession ran fourteen single-spaced pages. It did
not contain a single reference to Kristy Castillo nor did it
implicate Donald Drew as having participated in the actual murder of
Barrow. Cynthia Green, Davis’s paramour during the relevant time
span, described Davis’s appearance and state of mind on the night of
Barrow’s murder. According to Green, Davis came home that night
nervous. He had blood stains on his clothes. He also had a bruise on
his forehead and scratches on his face. Later that day, Davis
brought to Green’s residence items taken from the Barrow residence.
Davis and Green pawned most of these items at a local pawn shop.
Green later provided consent to the Amarillo Police Department to
search her residence. The search of the Green residence turned up
bloody clothing linked to the slaying. Green also testified at trial
about a visitation she had with Davis at the Potter County
Correctional Facility where Davis was incarcerated while awaiting
trial. At that meeting, Davis, according to Green, allegedly made an
admission to her that he had pinned the victim down while others
committed the murder. Green was also permitted to testify that Davis
was a known gang member. Davis’s written statement had confirmed
that the murder of Barrow was gang-related. One of Davis’s
co-defendants, Kristy Castillo, provided law enforcement with a
written confession. This statement was read to the jury. It directly
implicated Castillo, Donald Drew and two other individuals in the
burglary of the Barrow residence, the resulting robbery of the
victim and his murder. Castillo recounted in the statement that she
held the knife with Drew as the victim’s throat was cut. Castillo
also described the beating that the other actors inflicted on Barrow
prior to the stabbing murder. Castillo also described the theft of
many items from the Barrow residence. At no time in any portion of
the written statement did Castillo ever mention Davis by name or
implicate him in the burglary, robbery, theft of items or murder.
Castillo did not testify live before the jury. A pathologist
established that the victim had sustained multiple blunt force
injuries to the skull. There was other blunt force trauma to the
chest, sufficient to cause rupture of the heart. There were knife
wounds to the body as a whole, particularly two sharp wounds to the
neck. The hands displayed defensive wounds. Cause of death was
multiple blunt force and sharp force injuries with massive internal
injuries. A criminalist identified footprints left at the scene of
the crime, more specifically on the floor and on the body of the
victim, which were consistent with the prints lifted from tennis
shoes identified by Cynthia Green as belonging to Davis. The
guilt-innocence phase of the trial lasted six days. The essence of
the defensive theory was that Davis had been recruited by Castillo
and the Drew brothers to assist in the robbery of the victim and the
fencing of the loot taken from the residence but that the original
conspiracy to break into the victim’s home and kill him in order to
carry out the burglary originated with Castillo and the Drew
brothers only and that Davis could not be considered an accomplice
to those acts. The defense final argument highlighted the
irreconcilable inconsistencies between Davis’s confession and the
physical evidence recovered from the crime scene. Defense final
argument called for the jury to find Davis guilty of the lesser
included offense of murder. Davis had an extensive criminal record
prior to this murder. In February of 1992, Davis received a 2-year
sentence for 1 count each of Possession of a Prohibited Weapon and
Theft Over $750. In July of 1992, Davis was released on
Parole. He was returned from Parole in August of 1993 and on
05/11/94 was released on Mandatory Supervision. Less than three
months later, on July 1, 1994 Davis was returned from Parole with a
new conviction, a 4-year sentence for 1 count of Theft. On May 3,
1995, Davis was again released on Mandatory supervision. Less than
four months later, Larry Davis and his co-defendants, Raydon
Drew, Donald Drew, Jr. and Christie Castillo committed the capital
murder of Michael Barrow. UPDATE: Larry Donnell Davis was executed
for the robbery and the stabbing and beating death of a man in
Amarillo 13 years ago. In his final statement, Davis said, "Blessed
are they that mourn, for they shall be comforted. It is finished."
Michael Barrow's parents witnessed the execution but Davis did not
speak to or acknowledge them. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
|
July 31, 2008 |
Alabama |
Troy "Junior" Wicker, 35
unnamed victim |
Thomas Arthur |
stayed |
|
Tommy Arthur, who is
now in his mid-60s, was sentenced to death in February of 1982 for
killing 35-year-old Troy Wicker of Muscle Shoals. Troy's wife, Judy
Wicker, testified that she began a sexual relationship with Arthur
after he committed to killing her husband and that she paid him
$10,000. Tommy Arthur, who had a previous murder conviction,
shot Troy Wicker in the face as he lay in bed on February 1st, 1982.
Earlier at her own trial, Wicker testified that a man burglarizing
her home raped her, knocked her unconscious and then shot her
husband. She was convicted as an accomplice and was released after
serving 10 years of a life sentence. Arthur has been sentenced to
death in this case three times. The custodian of records at the
Decatur Work Release Center where Arthur resided testified that on
February 1, 1982, Arthur had signed out for work at 6:00 a.m., and
that at 7:10 in the evening Arthur had called for a ride back to the
center, and that Arthur returned to the center at 7:50 p.m. As a
part of his work release program, Arthur was assigned to work for at
Reagan Mobile Homes. Joel Reagan, an old acquaintance of Arthur’s,
admitted that he did not keep track of Arthur’s daily whereabouts,
and “did not know Arthur’s whereabouts on the day of the murder.”
Patricia Green testified that Arthur frequented a local bar called
Cher’s Lounge “four or five times a week,” sometimes in the company
of Joel Reagan, where she worked part-time as a bartender. Debra
Phillips, the operator of Cher’s Lounge, likewise testified that
Arthur came to the bar four to five times a week. Phillips and
Arthur had a romantic relationship and even discussed the
possibility of marriage. Pat Halliday, a shift supervisor at the
Decatur Work Release Center in 1982, “testified there was a
discrepancy between the number of hours Arthur was away from the
center and the number of hours he was actually paid for working in
February and March of 1982.” On the afternoon before the day of the
murder, Arthur, while at Cher’s Lounge, took Patricia Green into the
kitchen to speak with her out of hearing range of other bar patrons.
At Arthur’s request, Green sent a friend across the street to
purchase .22 caliber mini magnum long rifle bullets. After Green’s
friend purchased the bullets and brought them back to her, Green
gave them to Arthur. Brent Wheeler, an expert in firearm
identification, testified that the bullet removed from the victim’s
body was a .22 caliber long rifle consistent with a CCI brand
bullet. The four shell casings found near
the body were CCI brand .22 long or long rifle casings. As the
federal district court that addressed Arthur’s habeas petition
correctly stated, the above evidence tended to show that “Arthur had
the opportunity and means to kill Troy Wicker.” Furthermore, other
evidence corroborated Judy Wicker’s testimony. Joel Reagan saw Judy
Wicker and Arthur together at the mobile home business. Judy Wicker
stated that, on the morning of the murder, she took her sons to
school, drove back and forth on Avalon Avenue a couple of times and
then picked Arthur up at the airport. This testimony was consistent
with the testimony of Sergeant Eddie Lang, a Muscle Shoals police
officer who was serving as a school crossing guard on Avalon Avenue
that morning. Lang observed Judy Wicker twice pass by the crossing
before 8:00 a.m., when he left his post. Judy also testified that
Arthur wore an Afro wig and makeup to disguise himself as a black
man. Joseph Wallace, an evidence technician with the Alabama
Department of Forensic Sciences, removed an Afro wig from the car
that Arthur used to make his getaway. Judy testified that Arthur
shot Troy Wicker one time and ransacked the house. Mr. Wallace, the
evidence technician, testified that he found the Wicker home in
disarray. Dr. Josefino Aguilar, a forensic pathologist,
testified that the autopsy performed revealed that the victim had
been shot one time. Judy testified that on the day of the murder
Arthur was carrying a gun and a garbage bag. Debra Phillips
testified that Arthur was supposed to meet her for lunch on the day
of the murder, but he was late and, instead of going to lunch, they
rode to a bridge over the Tennessee River where Arthur stopped the
car and threw a garbage bag, that was half-full and bulky and
wrapped in a sheet, into the river. As he disposed of the garbage
bag, Arthur said he was “trying to get rid of some old memories.”
Consistent with Judy Wicker’s testimony that Arthur was paid $10,000
for murdering her husband, Arthur had a large amount of money in his
possession after the murder. Pat Halliday, an employee with the
Decatur Work Release Center, testified that Arthur was transferred
to the Morgan County Jail after the discovery of the discrepancy
between the number of hours he was away from the center and the
number of hours he was actually paid for working. Upon routine
inspection of his effects before the transfer, twenty one hundred
dollar bills were discovered in an envelope in Arthur’s overcoat
pocket. Arthur was his own lead counsel at his trial, but was also
represented by Harold Walden, and Walden’s son served as stand-by
counsel. Arthur conducted the majority of voir dire questioning,
examination of witnesses, argument to the jury, and argument to the
court. In fact, Arthur cross-examined virtually every one of the
prosecution’s 13 witnesses, often at length. Arthur presented four
witnesses in his defense. Bruce Coan, a police detective, testified
about his observations of the crime scene. Two of Arthur’s four
witnesses were called in an apparent attempt to offer an explanation
of how, as a prisoner, he came to possess $2100. Bruce Carroll, a
friend and fellow inmate, testified that he lost $6500 to Arthur in
a poker game. Gene Moon, who resided in the Cullman County Jail at
the time of his testimony, said that another inmate gave him an
envelope with $2000 in it and that Moon put it in Arthur’s coat. The
fourth and final witness, Ronald Spears, an inmate at West Jefferson
prison, stated that Patricia Green told him that the police were
forcing her to lie about Arthur asking her to buy some bullets for
him. The record also reveals that Arthur was searching for witnesses
to provide him with an alibi. During cross-examination of Joel
Reagan, Arthur asked: “…Do you remember Larry Whitman telling you
that he saw me the morning that Mr. Wicker was murdered over in
Muscle Shoals?” There are no references in the trial record to
either Alphonso High or Ray Melson, the two individuals (of which
more later) who signed affidavits filed in the federal district
court stating they talked to Arthur around the same time Troy Wicker
was being murdered, having seen Arthur on the day of the murder. At
the penalty phase, the lawyer who assisted Arthur, Harold Walden,
argued that the jury should recommend a sentence of life without
parole because of several mitigating factors. First, Walden argued
that Arthur had been a model prisoner and had spoken to high school
groups as a part of correctional programs to deter young people from
committing crimes. Walden also argued that Arthur’s punishment was
disproportionate in relation to the other persons that had
involvement in Troy Wicker’s murder. He told the jury that Judy
Wicker, who was just as culpable as Arthur, was soon to be released
from prison and that Rowland and McKinney had never been prosecuted
for their roles. Arthur followed Walden and argued to the jury that
he should be sentenced to death. Arthur said that Walden was morally
opposed to the death penalty and urged the jury to disregard
Walden’s argument. Arthur told the jury that he didn’t have a death
wish; in fact, he said “I wouldn’t dare ask you for it if I thought
for a minute that I would be executed.” Arthur argued that a death
sentence would allow him to have more visitations from his children,
and to have more privacy in his death row cell as opposed to living
in general population, and would allow him to have more control over
his appeals. Arthur told the jury that he had already managed to
overturn his capital murder conviction on two previous occasions and
that, if the jury sentenced him to death, he would be in a better
position to overturn his latest capital murder conviction. UPDATE:
The Alabama Supreme Court today in a 5-4 vote stayed Thursday’s
scheduled execution of Thomas Douglas Arthur after an alleged
confession by another inmate surfaced this week. The court narrowly
granted the emergency stay of execution requested by Arthur’s
attorney, Suhan Han. Voting for the stay were Chief Justice Sue Bell
Cobb, and justices Champ Lyons, Tom Woodall, Patricia M. Smith, and
Glenn Murdock. Dissenting were Justices Harold See, Lyn Stuart,
Michael Bolin and Tom Parker. Arthur was scheduled to die on
Thursday but an inmate in St. Clair prison said this week that he,
not Arthur, killed Wicker over 25 years ago. |
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