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Eleven
killers were executed in July 2003. They had
murdered at least 22 people.
Two
killers were given a stay in July 2003. They
have murdered at least 3 people.
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
1, 2003
|
Oklahoma |
Roxie
Lynn Ruddell, 37
William Brewer, 86
Flossie Mae Brewer, 76
Ruth Lucille Loader, 79 |
Lewis
Gilbert II |
executed |
|
After
deliberating five hours until nearly midnight, a Callaway County jury decided
that Lewis Gilbert should get the death penalty for murdering Bill and Flossie
Brewer. For Gilbert, they are the second and third death verdicts linked to a
cross-country crime spree with Eric Elliott that began in Newcomerstown, Ohio,
and ended outside Santa Fe, N.M. Gilbert and Elliott were arrested a week later
in Santa Fe, New Mexico. The crime spree by Lewis Gilbert and Eric Elliott
began in August 1994 in Ohio, where they are suspected of killing Ruth Loader,
79, in Port Washington. The pair broke into Ruth's home, tied her up and
drove her into the woods where they shot her in the head. Ruth disappeared without a trace, and her car was found
bogged down in a muddy field near the Brewers’ house. The men had stolen her car
and drove southwest across the country to Missouri. They became stuck in the mud
in a Callaway County, Missouri, field. They walked to the nearby home of William
and Flossie Mae Brewer, intending to steal money and another car. Confessing
after his arrest, Gilbert said that he and Elliott were invited inside the house
by Mrs. Brewer after they said they needed to use the phone to call a wrecker.
Once inside, they realized there was no phone book. After talking with the
elderly couple for about 30 minutes, Gilbert confessed, they decided they were
going to kill the Brewers. Gilbert used a telephone cord to bind Flossie
Brewer's hands, then he and Elliott led the elderly couple down to the basement.
According to Gilbert's confession, Elliott shot both of them three times in the
head. Bill Brewer was 86; Flossie Brewer was 76. Asked if he was "solely
responsible for the murders in Missouri," Gilbert answered that "it was a 50/50
deal." After shooting the couple to death they stole their car, cash and rifles.
Gilbert was also sentenced to die in Oklahoma for killing Roxie Ruddell, a
security guard in Lake Stanley Draper, Oklahoma. Gilbert and Elliott approached
Roxy Lynn Ruddell to steal her truck. Ruddell, 37, was fishing at Lake Stanley
Draper after she got off work. She told the men that they could take the truck if they didn’t hurt her,
appeals court documents stated. Despite the offer, prosecutors said the victim
was forced to sit under a nearby tree and then shot three times in the head by
Gilbert. Gilbert received a death sentence and Elliott life in prison. Eddie
Ruddell, who said he is still too upset to visit his wife's grave, said
execution was the only appropriate punishment. "She was a warm, caring person,
loved everybody, did anything for anyone that asked," he said. The
Brewers’ car was found near Ruddell’s body in Oklahoma, and Ruddell’s pickup was
with Gilbert and Elliott when New Mexico police surrounded them while they slept
in a ditch, forcing them to surrender. Public Defenders Bob Wolfrum and Jeff
Estes tried to portray Gilbert as the victim of a troubled childhood, including
abuse and abandonment by a series of father figures. They also noted Gilbert’s
failed marriage. Gilbert went to prison in Ohio for child endangerment after
biting and bruising his 3-month-old son in 1992. When he was released from
prison, his estranged wife closed the door in his face. Eighteen days later,
Gilbert and Elliott set out with a few dollars in their pockets and a
.22-caliber revolver that Elliott took from his father’s home. The gun became a
murder weapon in Callaway County. Two psychologists and an expert in human
development testified for the defense about Gilbert’s psychological makeup, but
Assistant Attorney General Bob Ahsens argued it was "psychobabble." Gilbert is
simply a serial killer, Ahsens said. A jury convicted Gilbert of first-degree
burglary, first-degree tampering, stealing, armed criminal action and two counts
of first-degree murder. Gilbert was sentenced to two death sentences, life
imprisonment and 29 years in prison. The Brewer family wasn’t impressed by the
defense. "He was old enough to have a brain and old enough to know right from
wrong," said Gene Brewer of Fulton, one of the victims’ four children. "We’ve
run it through our minds - brothers and sisters - and there just wasn’t no
reason for it. They could’ve took the car, tied them up in the basement or
something." Many members of the Brewer family traveled to Oklahoma for Gilbert’s
trial in 1995. They returned to Oklahoma for court proceedings involving
Elliott. As the hours passed waiting for the verdicts in Fulton, Gene Brewer
said, "it worried me for a while, when they slowed down and wasn’t coming back
with nothing." The tragedy fragmented the extended family, but they spent a lot
of time together during the trial. They looked over old family photos at Gene
Brewer’s house. "I had ’em in my basement, going on seven years now," he said.
"Thursday night, everybody went through them and got what they wanted out of
them." It was "a good time," he said. The verdicts "kind of lifted a burden," he
said. "At least you get a satisfaction. You’re not going to forget, but this
here gives us the feeling that he got something out of it. He didn’t walk off
scot-free." Under an agreement between Missouri and Oklahoma, Gilbert was sent
back to Oklahoma’s death row. Elliott, a juvenile at the time of the murders,
pleaded guilty in 1996 to first-degree murder in Ruddell’s death and is serving
a life sentence without parole.
|
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
2, 2003
|
Texas |
McKay Everett |
Hilton Crawford |
executed |
|
McKay
Everett was kidnapped, beaten and shot to death because the boy and his parents
trusted Hilton L. Crawford completely, a prosecutor told jurors
in Crawford's capital murder trial.
"This case is about the ultimate betrayal," Nancy Neff said in the
opening day of Crawford's trial on capital murder charges.
With that, Neff and fellow Montgomery County prosecutor Mike Aduddell called on
the 12-year-old's parents -- Carl and Paulette Everett
of Conroe -- for their testimony supporting the accusation that Crawford
tried to cash in on the family's trust in a
kidnapping scheme. In her often-tearful recollection
of Sept. 12, 1995 -- the day McKay was snatched from
home while his parents attended an Amway sales meeting -- Mrs. Everett said
Crawford called her a few hours before the meeting and
asked if she and her husband still planned to attend.
She said Crawford, who had been recruited into Amway by her husband, told her he
was planning to bring two or three other people, whose names she did not recall.
But the Everetts and other witnesses noted that Crawford was a no-show at
the meeting, which was being held especially for him.
Neff suggested to jurors that the call to Paulette Everett was a ploy by
Crawford to make sure that McKay would be at home so that he could carry out a
kidnapping plan involving a $500,000 ransom. McKay
Everett is dead because Hilton Crawford wanted a half-million dollars," Neff
told the eight women and four men of the jury. It was
believed that Crawford struck the 100-pound boy on the head with multiple
crushing blows while the youth was in the trunk of Crawford's car, and later
shot him in southern Louisiana, where the body was found in a patch of weeds
four days later. "He had been left to rot in
Louisiana," Neff said of McKay's badly decomposed body.
Crawford admitted involvement in the boy's
abduction, but he denied killing McKay, who knew him
by the pet name "Uncle Hilty. "McKay's parents said
the boy trusted Crawford so much that he was one of the few people McKay would
have allowed into the house while they were away by
unlocking the doors and de-activating a sophisticated security system.
Mrs. Everett, 46, said the relationship that she and her husband had with
Crawford and his wife, Connie, began when the two women met and taught school
together at Rice Elementary in Conroe 15 years ago.
Mrs. Everett said she quit teaching to stay at home after McKay was born.
Asked by Neff if the Crawfords had remained friends with her family
through the years, Mrs. Everett replied: "I thought they were."
A woman accused of helping in the abduction and
murder was sentenced to 25 years in prison after
pleading no contest to kidnapping. Irene V. Flores was
originally charged with capital murder in the death of McKay Everett, a
seventh-grader snatched from his home on Sept. 12, 1995, but prosecutors reduced
the charge to kidnapping. Flores, a 55-year-old mother
of four, pleaded before state District Judge Fred Edwards. Edwards told her he
considered her plea to be guilty rather than no contest, and imposed the 25-year
term. She will not be eligible for parole for at least 12
1/2
years. Flores was accused of placing a ransom call to
the victim's parents on the night of the kidnapping, telling Carl Everett he
must pay $500,000 to get his son back. The boy's body
was later found in a swamp about 15 miles east of Lafayette, La. He had been
beaten and shot to death. Hilton Crawford, a longtime
friend of the Everett family, is on death row for the killing after his 1996
capital murder conviction. Prosecutors said the
58-year-old, whom the boy knew as "Uncle Hilty," fell on hard financial times
before deciding to kidnap his friend's son. He killed the boy when the plan
began to unravel. Flores was on parole after a drug
conviction when she placed the ransom call. She has maintained since her arrest
that Crawford duped her into making the call and that she thought McKay would
not be harmed. McKay's father addressed Flores in the
courtroom, telling her she was as much to blame as Crawford for the boy's death.
"Hilton killed McKay," said Carl Everett. "Irene Flores can sit here
today and plead no contest to a lesser charge, but she is just as guilty of
killing McKay as Hilton. You took an active part in
killing a child. You crossed over a boundary that you can never come back from.
You are ... no good." Prosecutors said the Everett
family had agreed to the lesser charges for Flores.
Who was McKay Everett? He was born March 1, 1983, in a labor so difficult for
his mother that his father worried about losing his wife. At the time of his
death, McKay was a seventh-grader at Peet Junior High,
weighing only 101 pounds and topping 5-feet by just an inch. His eyes were blue,
his hair light brown. He had braces on his teeth. He
had no brothers or sisters.
He liked going to camp and he liked to play sports.
Hilton Crawford knew all this. He had given McKay a
football not long before snatching the boy from his home. The football was
clutched at a press conference by Carl Everett as he
pleaded for his son's safe return. ``I want to take this opportunity to talk to
Hilton, who is someone that my family has loved
dearly,'' Everett said that day. ``Hilty, something's
happened, and I don't know what's happened, but there's been a lot of people
involved now. But there's one still missing - and that's
McKay. In my heart, I know that you would never harm my son. You gave him
this ball. He called you Uncle Hilty, and he loved you dearly. Three
weeks ago, we were at your home playing with this ball and when
we got ready to leave, I told McKay, `Go give Uncle Hilty a hug,' and he
came over and he hugged you and he kissed you on the forehead.'' UPDATE:
Convicted killer Hilton Crawford, fondly known to his 12-year-old victim as
"Uncle Hilty," was executed Wednesday evening for the abduction and slaying of a
Conroe boy almost eight years ago. Crawford nodded and smiled to
witnesses, asking for forgiveness and expressing love for his family. "I thank
Jesus Christ. I had an opportunity to serve Jesus Christ, I'm very thankful for
that," he said. The victim's mother, Paulette Everett-Norman, was standing
behind a window just a few feet from her son's killer when he turned toward her
and said, "I want to ask Paulette for forgiveness from your heart. One day I
hope you will. It's a tragedy for my family and your family. I am sorry." He
asked a witness to deliver a yellow rose to his wife, Connie. He told his wife,
who wasn't present, that he loved her and his sons. "They were the greatest gift
from God. May God pass me over to the kingdom's shore softly and gently. I am
ready," he said. "I'm ready," he said just before the dose of lethal drugs
began. He nodded and gasped before losing consciousness. He was pronounced dead
at 6:19 p.m., eight minutes after the drugs began to flow. |
|
Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
8, 2003
|
Oklahoma |
John
Howard |
Robert Duckett |
executed |
|
Robert Duckett was sentenced to die for the robbery and murder of a man who
befriended him after Duckett escaped from prison. John Howard was savagely
beaten to death in his apartment in Oklahoma City on Oct. 19, 1988. Prosecutors
said Duckett used a fireplace poker and a wooden ashtray stand to bludgeon
Howard to death. The victim's hands and feet were also bound with wire. Prior to
the murder, Howard, who operated a convenience store, had picked up Duckett
hitchhiking. Court documents stated that Duckett had escaped from prison - where
he was serving time for robbery and assault. Howard helped Duckett find work and
offered to let Duckett stay with him at his apartment. While being questioned by
police, Duckett said that he and Howard had "exchanged blows," but the victim
was "on his feet and breathing" when Duckett left the apartment. Duckett told
lawmen that he had bound the victim's hands and feet in order to keep Howard
from coming at him again.
But authorities didn't buy the explanation. An autopsy revealed that Howard's
ankle had been broken, his skull fractured, his left eye ruptured and blood
splatters were all over the room. Blood smears indicated that the victim had
been trying to crawl on the floor before he died. These facts make it unlikely
that Howard was "on his feet" when Duckett left the apartment. Duckett had also
told lawmen that he had been gang-raped in prison and that Howard and he got
into a fight when Howard made a homosexual pass toward him. Following the
murder, Duckett was arrested in Arizona while driving Howard’s car. Authorities
said Duckett had switched license plates with another vehicle. These stolen
plates were taken from another vehicle parked in Howard's apartment complex. A
blood stained jacket and jeans were also found in the car, along with a bank bag
taken from Howard's convenience store, court documents stated. UPDATE: The man
who killed Tom Howard's brother is running out of time. Robert Don Duckett has
exhausted his appeals. He seeks no last-minute stays. Even his attorney says
nothing stands in the way of Tuesday's execution, which Howard plans to watch
with his nephews. He began last week counting off Duckett's last days. "It's
been a long time. I'm 62 years old, and you'd think I'd be over it," Howard
said. "But I still miss my brother." Nearly 15 years have passed since
John E. Howard's 1988 beating death in the Oklahoma City apartment he briefly
shared with Duckett. Howard does not know exactly how his brother met Duckett, a
24-year-old prison escapee whose rap sheet already included robbery and a
beating. But he said the 53-year-old died trying to tell Duckett to move out.
"The fight started at the front door," he said. John Howard was beaten
repeatedly with a fireplace poker and the wooden stand of an ashtray. Duckett
did not deny the killing but the motive was disputed. Prosecutors said John
Howard wanted Duckett out; Duckett's defense contended Howard made a homosexual
pass at him, triggering a post-traumatic stress disorder-induced rage Duckett
would later not remember. The murder took away Mark Howard's father at a time
when he was just beginning to feel close to him. Mark Howard said his own
brother still struggles with the loss. Mark Howard was attending school in
California and planning to return home for Christmas when he received news of
his father's slaying. He not only lost his father, but the murder severed the
one link to his father's family. Mark Howard said he had not spoken to his uncle
Tom until two weeks ago. "That for me was the hardest part of it," he said. "Dad
was the link for me back to the family." Mark Howard said his father "had a
penchant for helping those who were less fortunate than himself." Just before
the murder, John Howard hired Duckett to work at one of the convenience stores
he ran with his brother. An appeals court last year refused to overturn
Duckett's death sentence despite condemning retired Oklahoma County District
Attorney Bob Macy's handling of the case. "Macy's persistent misconduct, though
it has not legally harmed the defendant in the present case, has without doubt
harmed the reputation of Oklahoma's criminal justice system and left the
unenviable legacy of an indelibly tarnished legal career," the 10th U.S. Circuit
Court of Appeals judges wrote. Duckett's attorney, Lanita Henricksen, described
the inmate as soft-spoken and congenial. The post-traumatic stress disorder
alleged in his defense stemmed from a gang rape while he was serving time for
the 1983 robbery, she said. After exhausting his appeals, Duckett opted against
a clemency hearing and other last-ditch efforts to stay the execution. "He's at
the end of the road," Henricksen said. "He's made this decision that this is
it." Mark Howard said he has no misgivings about witnessing the execution. "It
means the man who took my father's life will not be allowed to have that
opportunity anywhere else," he said, "with anyone else." UPDATE:
A man who beat an Oklahoma City resident to death with an ashtray
stand and fireplace poker died for the crime Tuesday in Oklahoma's death
chamber. Robert Don Duckett, 39, received a heart-stopping injection and was
pronounced dead at 6:16 p.m. He had not tried to stay
his execution at the last minute, having already exhausted his appeals.
In his final statement, Duckett asked for forgiveness.
"I just want to apologize and hope my family forgives me. I love them
very much, and I hope they never forget that. Let's go," he said, and the
execution began. Duckett was a 24-year-old prison escapee in October 1988 when
he killed John E. Howard, 53, with whom he briefly shared an apartment. Howard's
severely beaten body was found in the apartment with his hands and feet bound
with wire. Prosecutors said Howard was killed because he wanted Duckett to move
out. The defense alleged that Howard made a homosexual pass at Duckett, who
suffered from post-traumatic stress disorder after a prison rape. Duckett was
serving time for a 1983 robbery and beating when he escaped from prison in 1987.
Prosecutors also presented evidence that he had beaten and robbed an 85-year-old
man in 1982. Duckett spent his
final hours visiting with his parents. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
9, 2003
|
Texas |
Katrease Houston,
18 months
Gwendolyn Black, 36
Christina Black, 15 weeks |
Christopher Black |
executed |
|
In August 1998, a
jury took only 15 minutes Wednesday to convict a man
of capital murder in the shooting death of a toddler.
The same jury deliberated 7 hours before sentencing him to death.
Christopher Black, 37, of Killeen was convicted of killing
18-month-old Katrease Houston, his wife's granddaughter,
on Feb. 7, 1998.
Black was also charged with killing his wife,
36-year-old Gwendolyn Black, and the couple's daughter, 15-week-old Christina
Black. Relatives claim the triple homicide
occurred after Black learned his wife planned to
divorce him. Black claimed he shot and killed his wife
because she tormented and belittled him and physically abused his 10-year-old
son. UPDATE: A retired Army sergeant was executed Wednesday for shooting his
17-month-old step-granddaughter to death in her high chair during a rampage in
which his wife and 5-month-old daughter also were killed. Christopher Black
declined to make any statement before dying by injection. He groaned as the
drugs began flowing and was pronounced dead seven minutes later. Black was
convicted of killing Katrease Houston at the Killeen home of his estranged wife
Gwendolyn Black, the toddler's grandmother. Katrease was found slumped in a high
chair, shot five times in the chest. Her grandmother was shot 10 times. Black's
daughter, Christina Marie, was shot once. "I ran out of bullets," Black told a
911 operator he called after the Feb. 7, 1998, attack. The U.S. Supreme Court in
April refused to consider Black's appeal and no additional appeals were made,
according to his lawyer, Jack Hurley. "We still miss our loved ones but we won't
be thinking about him," Mardelouis Hawthorne, Gwendolyn Black's sister, said
after watching Black die. Black bought a 9 mm semiautomatic pistol the day
before the shooting. He mailed cassette tapes to relatives explaining plans to
kill his 36-year-old wife and anyone else in the house. The tapes were timed to
arrive after the shooting. Relatives said Gwendolyn Black, who worked as an
elementary school teacher, was seeking a divorce. It took a jury in Killeen 15
minutes to convict Black of the capital murder of Katrease. In Texas, murder of
a child under the age of 6 can invoke the death penalty, and the jury
deliberated about seven hours before choosing that punishment. Black was
charged, but never tried, in the slayings of his wife and daughter.
|
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
9, 2003
|
Arkansas |
Marcell Young, 17,
Malak Hussian, 10,
Mustafa Hussian, 12 |
Riley
Noel |
executed |
|
In the early morning hours of June 5,
1995, Marcell Young, 17, Malak Hussian,
10, and Mustafa Hussian,
12 -- all siblings -- were shot and killed while their
mother, Mary Hussian, wrestled with another gunman in
a separate part of the house. In an information filed
on July 5, 1995, the prosecutor charged Riley Noel,
appellant Carroll, Curtis Lee Cochran, and Tracy
Trinette Calloway with the capital murders of the three children
and the attempted capital murder of Mary Hussian.
On June 4, 1995, Noel, Carroll, Cochran and Calloway were riding around Little
Rock in Cochran's car, "getting high" on drugs. They went to the home of Mary
Hussian, where Calloway got out of the car and followed Noel and Carroll to the
house. Just before they entered the house, Noel handed her a handgun, and she
testified that she returned it immediately. Noel burst into the house, and
Calloway followed, stopping just inside the doorway. Noel told three children in
the residence to get down on the floor, and Calloway testified that she told
them to do what Noel said. She watched Noel shoot each of the children in the
head and kill them. According to Curtis Cochran, the murders were in retaliation
for the death of
Noel's brother. Noel believed that another child of Mary Hussian, a daughter,
had been involved in his brother's death. Following the murders, Calloway
testified that she ran from the house with Carroll. According to police records,
Noel shot Hussian's 3 children, ages 10, 12 and 17, as they lay on the living
room floor. A co-defendant tried to shoot the mother with a shotgun but it
jammed, and she was able to wrestle it away, records state. Prosecutors argued
that Noel, 24, killed the children to avenge his brother's slaying, which had
occurred about a week earlier. Noel apparently believed one of Hussian's
daughters had set up his brother's death in a drive-by shooting, police said. On
June 6, 1995, the Little Rock Police Department focused its investigation on a
search of Calloway's neighborhood in an effort to locate a suspect named
"Tracy," and Calloway surrendered herself to police officers that same day.
Calloway gave a full statement indicating that she was with the young men at the
time of the murders but stating that she was not aware of an intention to commit
the killings. At trial, the prosecutor's theory of the case against Calloway was
one of accomplice liability. Calloway's defense was that she did not know what
Noel and Carroll intended to do at the Hussian house and that she did not assist
them in any way in the commission of the murders. The prosecutor presented
testimony from Curtis Cochran, who was driving the vehicle that day. Cochran
testified that everyone in the car knew where they were going and what Noel
intended to do because Noel announced it in the car. According to Cochran, Noel
gave Calloway a .45 caliber handgun while they were in the car, and she still
had it when they went to the Hussian house. Jack Thomas, a neighbor of the
victim, also testified for the State and stated that he saw Calloway run from
the Hussian house and that it appeared as though she was carrying a gun. Kyle
Jones testified that he arrived at the Hussian residence with his fiancee,
Marcel Young, and saw three people standing in the carport: Noel, Cochran, and
Calloway. The threesome asked Marcel and Kyle if Yashica Young was home, and
Kyle said that he would check. Kyle and Marcel entered the house, and Kyle went
to the back of the home to tell Marcel's mother, Mary Hussian, that they were
home. He heard someone burst in through the front of the house and heard Marcel
scream. Kyle and Mary Hussian ran toward the front of the house and were
intercepted by Carroll, who was carrying a shotgun. They retreated to the
bedroom. Kyle went into the bathroom and closed the door. Mary Hussian hid
behind the bed and dialed 911. Kyle testified that he heard three shots come
from the front room and that he heard the shotgun blast in the bedroom just
before he escaped through the window. Kyle eventually came back to the house and
told police officers what he had seen. Mary Hussian told the same story to the
jury as Kyle did. She testified that when she hid behind the bed to call 911,
Carroll yelled for her to come out from behind the bed. She pleaded with him not
to kill her or her children. She eventually rushed Carroll, and they fought for
control of the shotgun. The shotgun discharged in the struggle, and the shot
went through the roof. Mary Hussian gained control of the gun and chased
Carroll back through the house, where she saw her three murdered children lying
on the floor. Carroll left through the front door. Mary Hussian saw three people
in the house, but could only identify Carroll and Noel and not Calloway. The
State also contended at trial that Calloway's original statement to the Little
Rock police officers and her trial testimony were in conflict. She first told
police officers that she was in the car and that Cochran and she picked up
Carroll and Noel, but at trial she testified that the threesome picked her up to
give her a ride home. She also testified at trial that she did not see any guns
in the car until the group was about to go into the Hussian house. However, it
was established at trial that two weapons were used at the murder scene -- a .45
caliber pistol and a shotgun. Calloway admitted that Carroll was in the back
seat of the two-door car with her but maintained that she did not see the
shotgun. Calloway was sentenced to a total term in prison of 132 years. UPDATE:
Kyle Jones of Miami, who had been Marcell Young's fiance, was one of the
victims' family witnesses who viewed the execution on closed-circuit television.
"He chose to make the decision to take their lives," Jones said after the
execution. "Today the state of Arkansas chose to take his and I'm happy with it.
I can move on knowing I won't have to live with this again." |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
18, 2003 |
Texas |
Anthony Jiminez, 3 |
Carlos Granados |
stayed |
|
On July 18, Texas will put to death a
man convicted of capital murder back in 1999. The
execution was finally set after the United States Supreme Court denied Granados'
appeal last week. In April 2002, the Texas Court of
Criminal Appeals affirmed the capital murder conviction and death penalty
assessed by a jury against Granados.
The Court held that the defendant's complaints regarding the trial did
not have merit. The execution order was signed by
368th District Court Burt Carnes. Judge Carnes signed the order because the
current judge of the 277th District Court, Ken Anderson, tried the case as
District Attorney. On May 3, 1999, a Williamson County
jury convicted Granados of stabbing to death Anthony Jiminez, 3, and sentenced
Granados to death. On Sept. 14, 1998, police had
responded to phone calls from the family of Katherine Jiminez.
The family was concerned that Katherine had not arrived at work and that
her son Anthony had not been left with his grandmother for regularly scheduled
child care. Police and firefighters used a doorjamb
spreader to enter the Jiminez residence in a Georgetown apartment after being
unable to get them to answer the door. They found
Granados, who had been living with Katherine for only a few weeks, holding a
large, bloody kitchen knife. Katherine was found alive
but with multiple stab wounds. Anthony was found dead
from a single stab wound to the chest. Katherine told police that Granados
stabbed them both the previous evening Sept. 13 after she argued with him and
told him to leave the apartment. "He killed my baby,
and I have been waiting for you to come," Katherine said
to the police.
|
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
22, 2003
|
Oklahoma |
Juan
Franceschi
Lonnie Franceschi |
Bryan
Toles |
executed |
|
The
events which culminated in the murder of Juan Franceschi and his fifteen year
old son, Lonnie, began shortly after midnight on July 16, 1993. Bryan Toles,
David Flowers and Casey Young walked past the Franceschi home in Lawton
and decided to steal a car. The men were on their way from the Honeymooners Bar
to the home of their friend, Herbie Foster, and they were tired of walking. None
of them knew how to hot-wire the red Mustang 5.0 in the Franceschi's driveway,
so they had to get the keys. Toles rang the doorbell while Young and Flowers hid
around the corner and put bandannas over their faces outlaw-style. Young had
already loaded a .22 revolver and given it to Toles. Toles pushed his way into
the home when Lonnie opened the door. He pointed the pistol at Lonnie and told
him to get down and shut up. Young and Flowers went down the hall toward the
bedrooms. Norma Franceschi heard the commotion and met them in the hall. She
screamed for her husband and continued toward the front door. Juan Franceschi
struggled briefly with Young and Flowers in the hall and joined his wife. Toles,
who had been kicking Lonnie, shot Juan Franceschi in the arm. Toles followed Mr.
and Mrs. Franceschi as they retreated toward the bedroom. He aimed at Mr.
Franceschi's head, but before he could fire, Mrs. Franceschi grabbed his arm.
Thinking that Mr. Franceschi could identify him, and that he "might as well go
ahead and kill him," Toles aimed at Franceschi's chest and shot. Even though he
was shot, Franceschi fought with Toles in the hallway. Toles' pants became
soaked with Franceschi's blood during the fight. Mrs. Franceschi escaped to
their grown daughter's bedroom, hiding first in the closet, and then in the
drawer of a waterbed. She heard someone come into the room and leave. Meanwhile
Lonnie Franceschi was still kneeling on the floor near the front door with his
hands behind his back. Toles saw Lonnie on his way out of the house and thought,
"damn, there's still him left." Realizing Lonnie could identify him, Toles
turned, extended his arm so the barrel of the pistol was about six inches from
the back of Lonnie's head, and fired. After Toles, Young and Flowers left,
Lonnie went to his bedroom and got in bed. His mother heard him crying and
gasping for air. When she tried to call 911 from the back bedroom, she
discovered the phone was dead and ran to a neighbor's home to call. Paramedics
arrived shortly and placed Lonnie on life support. Juan Franceschi died while
the paramedics worked on him. Later that day Lonnie was declared brain dead,
removed from life support and allowed to die. After they left the Franceschi
home, Toles, Young and Flowers walked two blocks to the home of a friend who
gave them a ride to Herbie Foster's. Toles gave his bloody clothes to a runaway
girl who was staying there and told her to burn them. He called a family friend
and told her and her boyfriend that he shot two people. He then spent the night
at the home of another friend. He was arrested later that afternoon while he was
talking to his mother on a pay phone at the corner of 17th Street and Gore in
Lawton. Following his arrest, Toles agreed to talk to the police. During his
first interview, he admitted entering the Franceschi home with David Flowers and
Casey Young, but insisted that Young was actually responsible for the murders.
During three subsequent interviews, all of which were videotaped, Toles admitted
carrying the gun into the Franceschi home and shooting Juan and Lonnie
Franceschi. UPDATE: An Oklahoma inmate convicted of murder in the shooting
deaths of a man and his teenage son was executed by injection Tuesday night. In
Oklahoma, convicted killer Bryan Toles offered condolences to his victims'
relatives in his final statement at the Oklahoma State Penitentiary in
McAlester. "I'd like to apologize to the victims' family and ask them for their
forgiveness," said Toles, 31, as he lay strapped to a gurney. Toles also
addressed members of his family and his spiritual adviser, who were witnesses at
the execution. "I love all y'all. Thanks for coming. Take care of my mother," he
said. Toles was convicted in the shooting deaths a decade ago of 39-year-old
Juan Franceschi and his son, Lonnie. The father and son were shot after Toles
forced his way into their home in an attempt to get the keys to the family car,
prosecutors said. Toles confessed, according to prosecutors. A co-defendant was
also convicted on murder charges and sentenced to life in prison. "I have
forgiven Toles," Norma Franceschi, the wife and mother, who attended the
execution. "I'm nobody to judge nobody. I'm just grateful he said 'I'm sorry.'"
|
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
22, 2003
|
Virginia |
Dawn McNees Snyder, 22 |
Bobby
Swisher |
executed |
|
Bobby Swisher was sentenced to die
for the capital murder of 22-year-old Dawn McNees Snyder. On February 5. 1997,
Dawn Snyder disappeared from the florist's shop she co-owned. Swisher, who was
20 years-old at the time, gave an audio-taped confession admitting that he
murdered Dawn on Feb. 5, 1997. Her body was recovered Feb. 21, 1997 near the
shore of the South River, about two miles away from the Augusta County florist
shop in Stuarts Draft. She was a co-owner of the shop. After murdering Dawn,
Swisher told a friend. Swisher stated: "You know the woman, Dawn Snyder . . . I
killed her." Swisher related the following details to his friend. On February 5,
1997, about 7:15 p.m., Swisher's uncle drove Swisher by car to a grocery store
located near the florist shop where Snyder worked. Swisher left the grocery
store and walked to the florist shop. Swisher entered the shop, approached
Snyder, and said, "I have a gun in my pocket." Swisher showed Snyder a "butcher
knife with ridges" and directed her to go with him. Swisher forced Snyder to
leave the florist shop through a rear door, and they walked for some distance
until they reached a field by the South River. Then, Swisher stopped Snyder and
told her to "suck his dick." He forced her to perform an act of oral sex upon
him, and he made her remove her clothes. After he raped her, she put her clothes
on, and he forced her to perform another act of oral sex upon him. Swisher
decided to kill Snyder because she had "seen his face." He "pulled out the
butcher knife" that had "ridges around the edge of the blade," and he "slit her
across the left side of the face and was holding her; then slit her throat and
then gouged her and then tossed her into a river." He walked along the
riverbank, watching her in the river, asking her, "[a]re -- are you dead yet?"
After Snyder floated in the river for awhile, Swisher saw her "crawl up the
bank." Then, "he got scared and took off running straight to his house from that
field." Swisher threw his knife in the river. When Swisher finished his
confession to the friend, Swisher stated that "it feels like I could do it
again." The following morning, the friend called the police. Swisher was taken
in for questioning and admitted, in an audio-taped confession, that he had
sodomized, raped, and murdered Snyder by cutting her throat. He also stated that
after he cut her throat, he threw her into the South River. Besides the
confession, court documents state that Swisher’s DNA was found in semen on the
victim’s clothing and in her body. UPDATE: Gov. Mark R. Warner postponed the
execution of a convicted murderer today to give the man's attorney’s time to
file a petition for a new sentencing hearing with the Virginia Supreme Court.
Warner stepped in less than four hours before Bobby Wayne Swisher's scheduled
execution by injection at 9 p.m. EDT at the Greensville Correctional Center in
Jarratt. The U.S. Supreme Court earlier Tuesday rejected Swisher's appeal for a
stay. Warner postponed Swisher's execution for three weeks to allow the state
Supreme Court to issue a stay or rule on a petition for a new hearing. Warner
said if no action takes place by July 22, he would not intervene again. Lawyers
for Swisher, 27, said he was entitled to a new sentencing because the jury that
recommended a death sentence in 1998 for the slaying of Dawn McNees Snyder
relied on a form that the Virginia Supreme Court later found defective. The form
did not tell jurors that the alternative to execution was life in prison without
the possibility of parole. In 2001, the court ruled that juries must have that
information. Defense attorneys and capital punishment opponents say as many as
20 men have been sentenced to death by juries that used the form. They contend
that more than a dozen killers executed since 1981 unsuccessfully challenged it.
Snyder's mother, Sandi McNees, said yesterday that the delay was "heartbreaking.
My daughter was a good citizen, an entrepreneur and a mother," she said in a
statement. "Yet, these weren't enough to spare her life in the hands of this
killer. Why should his fate be considered on the basis of a painstakingly
obscure legal technicality?" UPDATE: A condemned man who raped and murdered a florist in 1997 was put to
death Tuesday after Virginia's governor declined to halt the execution a second
time. Bobby Swisher was pronounced dead at the Greensville Correctional
Center at 9:05 p.m. "I hope you all can find the same peace in Jesus Christ as I
have," Swisher said after he was led into the execution chamber and strapped to
a gurney. Swisher, 27, had exhausted his appeals. Last week, his lawyers asked
Gov. Mark R. Warner to grant clemency, but the governor declined to intervene.
Swisher was originally scheduled for execution July 1, but Warner halted the
execution just hours beforehand, granting Swisher's lawyers' request for a final
appeal to the Virginia Supreme Court. The high court refused to hear that appeal
last Thursday. An Augusta County jury convicted Swisher of abducting 22-year-old
Dawn Snyder from her flower shop, raping her, slitting her throat and dumping
her in a river. It was Feb. 5, and Snyder was working late to complete
Valentine's Day orders. DNA linked Swisher, a high school dropout and former
construction worker, to the crime and he confessed to police. Swisher's trial
lawyers argued that he was too high on drugs and alcohol to know what he was
doing. Sandi McNees, Dawn's mother, who witnessed the execution, said Monday she
thinks of her daughter's suffering each day. McNees said Snyder was a devoted
mother who volunteered with the rescue squad and had recently opened the florist
shop with a friend. "She packed a lot of life into her short years," McNees
said. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
23, 2003
|
Texas |
Herbert Primm |
Cedric Ransom |
executed |
|
Cedric Ransom, the convicted killer
of an optometrist who authorities say once attacked
his lawyer and a prosecutor with a knife, was sentenced to
death in a heavily guarded courtroom in Fort Worth.
Jurors deliberated a little more than 2 hours before returning the
verdict, the 2nd death sentence that Ransom received.
The Fort Worth man's
original death sentence was erased in 1994 when the Texas Court of
Criminal Appeals ruled that his trial judge made an error in jury
selection. Ransom was convicted of capital murder in
1992 for the robbery and slaying of Herbert Primm, who
was shot to death in his driveway. At the time, Ransom
was under indictment for 3 other murders and robberies.
Ransom and three accomplices went to Primm's
house on Dec. 7, 1991, planning to steal guns from the
optometrist and part-time weapons dealer, according to
trial testimony. Primm begged the men to take the guns and
spare his life, but Ransom shot him in the head, prosecution
witnesses testified.
In closing arguments at the second trial in February of 1997,
Assistant District Attorney Richard Bland rattled off
the list of convictions and charges against Ransom. He said
Ransom smuggled a crude knife into his 1992 trial, using it to attack his
lawyer and a prosecutor, and had assaulted a
corrections officer in the Forth Worth jail. Ransom
and fellow death row inmate Willie Pondexter made an escape attempt in June 1997
-- cutting through a fence at the Ellis I Unit with a hacksaw blade, climbing
onto the roof and making a run for the two perimeter fences. The attempt was
foiled when a guard spotted the inmates and ordered them to stop. Both did.
|
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
24, 2003
|
Oklahoma |
Jayne Van Wey,
62 |
Jackie Willingham |
executed |
|
On the day of
the murder, Jackie Willingham was selling perfume door to door in Lawton,
Oklahoma. Working his way through a downtown building, he came to the office
occupied by Mrs. Jayne Van Wey. Although she told him she did not wish to
purchase any perfume, he continued to press her, adhering to his standard sales
procedure of insisting on three 'no' answers from a potential customer. The
repeated rejections that ensued led to an escalation of the situation to what
Willingham claims was a rude rebuff by Jayne Van Wey and hostile vulgarity on
both sides. After calling on some other offices in the building, Willingham
noticed Jayne enter a restroom off the hallway near her office. Still angry over
their earlier confrontation, he eventually followed her into the restroom,
pulled her from a stall, and struck her several times in the face. As she
continued to struggle with him, he slammed her head into the wall and let her
fall backward onto the floor. When she rolled over and began to push herself up
onto her hands and knees, he kicked her in the face with his boot. At that
point, all resistance ceased, and he left. Jayne lost consciousness and died,
asphyxiating on the blood from her injuries. Shortly after the murder, the
police found a sales brochure left at one of the other offices Willingham had
visited. Upon contacting the company and speaking with a supervisor, the police
learned that a sales team in Lawton would be meeting at a local restaurant later
that afternoon. The supervisor also indicated that at least one member of the
team, a man named Kevin, fit the suspect's description. The police proceeded to
the restaurant and approached the group of salesmen. Detective John Whittington
asked about "Kevin" and was told by Willingham that he was not there. Detective
Whittington noticed that Willingham was extremely uneasy and had a fresh scratch
on his neck. After Willingham offered a facially implausible explanation of the
scratch, Detective Whittington asked him to come to the police station. The
detective said the entire group would need to come, and explained that the
police were investigating an attack on a woman (he did not say murder) downtown
that day. At the police station, Willingham was advised of his Miranda rights,
which he waived in writing. He initially denied any involvement in the attack,
but after Detective Whittington pointed out what looked like blood on his boots
and asked him to tell his side of the story, Willingham admitted he had beaten
Jayne Van Wey. However, some of the details of his version of the attack did not
fit the physical evidence, and he was asked to return to the scene and clarify
his account. After again waiving his Miranda rights, Willingham walked through
the crime scene describing the attack, somewhat differently, on videotape.
Thereafter, Willingham learned that Jayne had died. He was interviewed again to
clear up additional questions raised by the physical evidence, and at this point
finally admitted he had forcefully kicked Jayne in the head before leaving the
restroom. Finally, after two of Jayne's credit cards were found in the
restaurant where Detective Whittington had first spoken with Willingham, he was
advised of his rights and questioned once more, to explain this new development.
He eventually admitted he had not immediately followed Jayne into the restroom
but had stopped in her office and taken the cards from her purse first, "to make
it look like a robbery." Willingham's only defense at trial was to challenge the
State's case on the element of intent. Specifically, he testified that while he
had attacked Jayne out of anger over their prior confrontation, he had not
intended to kill or seriously injure her. Accordingly, the defense requested
instructions on the lesser offenses of heat-of-passion manslaughter and second
degree depraved-mind murder. The trial court granted the first instruction but
denied the second. The jury ultimately rejected Willingham's intent defense,
finding him guilty of first degree malice murder. UPDATE: An Oklahoma
inmate who fatally beat a woman he said was rude to him when he tried to sell
her perfume was executed by injection Thursday at the state penitentiary.
Jackie Lee Willingham, 33, was convicted for beating 62-year-old Jayne Van Wey to death
in her office bathroom in 1994 after she refused to buy any perfume from him. "I
want to apologize to the Van Wey family. I'm so sorry for the pain I've caused
you," Willingham said. The lives of those who loved Jayne Van Wey changed
when she was beaten to death in the bathroom of her office. Nine years after her
murder, her family is still trying to cope with the loss. "It's almost
indescribable, our way of life as we know it no longer exists," said Kim
Borcherding, one of Jayne's daughters, who witnessed the execution with several
family members and friends. "Without her we're just never going to be the
same." Jackie Lee Willingham, 33, was pronounced dead at 6:09 p.m. after
receiving a lethal injection at the Oklahoma State Penitentiary. As the curtain
opened on the window that separated Willingham from his mother, Lucia Willingham
used hand gestures to tell her son "I love you." Willingham looked a little
pained to see his mother and mouthed, "I love you," back. Willingham, who said
he killed Jayne because she was rude to him, expressed remorse for the 1994
murder. "I want to apologize to the Van Wey family. I'm so sorry for the
pain I've caused you," Willingham said as he lay strapped to a gurney. "I hope
by my death you find some closure and one day forgive me. For my family, I'm so
sorry for this. I love you." Willingham then looked up and said, "OK, I'm
ready." He exhaled a few deep breaths and then closed his eyes. As the lethal
injection took effect, Willingham's eyes opened slightly. When the time of death
was announced, his mother wept uncontrollably and stomped her feet. Willingham,
who was working as a traveling perfume salesman at the time of the crime, was
convicted of first degree murder for beating Jayne to death in her office
bathroom after she refused to buy perfume from him. Prosecutors say Willingham
followed Jayne into the women's bathroom, yanked her off the toilet and beat her
to death. Autopsy reports show she died as her lungs filled with blood and she
suffocated. Her head had been banged against the wall, her mouth busted and nose
broken. Jayne Van Wey, who was the executive director of Arts for All Inc., in
Lawton, was vibrant and full of energy, her family said. The petite 62-year-old
mother of three daughters promoted the arts and once owned a dance school in
Lawton. The Oklahoma Pardon and Parole Board voted last month in favor of
granting Willingham clemency and asked Gov. Brad Henry to stay the execution.
Henry rejected the request. Attorneys for Willingham had asked the U.S. Supreme
Court to stop the execution, but those appeals were rejected early Thursday
morning. Death penalty opponents protested the execution at the Capitol
Thursday. Three were arrested as they walked toward Henry's office. They face
misdemeanor charges of disrupting a state office or business. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
24, 2003
|
Texas |
John Wanstrath, 35
Diana Wanstrath, 36
Kevin Wanstrath, 1
Trudy Zabolio |
Allen Janecka |
executed |
|
On July 6, 1979, a neighbor
discovered the corpses of John and Diana Wanstrath and their 14-month-old son
Kevin. Each had been shot in the head. Although the police did not find a weapon
on the premises, the medical examiner initially ruled that Diana had killed her
husband and son, then committed suicide. Disbelieving the suicide ruling,
Officer Johnny Bonds of the Houston Police Department relentlessly pursued his
own investigation of the deaths. Bonds' investigation soon focused on Diana's
brother, Markham Duff-Smith, who stood to receive a substantial inheritance from
his sister that originated from his mother's death. Over the next
year-and-a-half, Bond uncovered evidence suggesting that Allen Wayne Janecka had
accepted a contract from Walter Waldhauser, Jr., to kill the Wanstraths. In late
November 1980, Houston detective Dan McAnulty traveled to Georgia to investigate
Janecka's involvement in the Wanstrath murders. While in Georgia, Janecka's
girlfriend gave McAnulty a .22-caliber Colt revolver and a can of mace that
Janecka had used in the Wanstrath killings. On Nov. 23, 1980, the police
arrested Janecka in Houston on warrants for another homicide and arson of the
Waldhauser residence. After his arrest, Janecka gave a largely-exculpatory
statement. On Nov. 28, 1980, Janecka overheard Detective McAnulty mention to
another officer that he had been in Georgia. Janecka asked McAnulty how everyone
in Georgia was doing. After McAnulty responded that everyone was fine, Janecka
began to inquire about his investigation in Georgia. After McAnulty informed
Janecka that he had received the murder weapon from Janecka's girlfriend,
Janecka asked to speak with him about the Wanstrath murders. When McAnulty told
Janecka that he had not contacted his attorney, Janecka replied that he did not
want his attorney present. Janecka proceeded to confess to the murders. He
signed a written statement on Nov. 29, 1980. Janecka stated that in early 1979,
Waldhauser had contacted him about killing a family. Janecka and Waldhauser had
participated in the killing of Duff-Smith's mother in 1975. After learning that
they would be paid $30,000 for killing the family, Janecka agreed. On the day of
the murders, Janecka and Waldhauser went to the Wanstrath home, driving a rental
car with stolen license plates. The Wanstraths allowed them to enter the house
supposing that they were architects. At an arranged signal, Waldhauser sprayed
Diana with mace. Janecka used the .22-caliber revolver to shoot both John and
Diana. Janecka then entered the nursery and took "care of the little one,"
shooting 14-month-old Kevin in the head. After leaving the house, Waldhauser
told Janecka to destroy the revolver, but Janecka kept it. Over the next several
months, Waldhauser gave Janecka several thousand dollars. After the police
recovered the murder weapon from Janecka's girlfriend, the medical examiner
finally ruled the deaths to be the result of murder. Based on the confessions,
the gun, and other evidence, the State indicted Janecka in the murder of Kevin
for remuneration. UPDATE: You hear a lot about how people commit crimes because
of their childhood," said Johnny Bonds, a former Houston Police Department
detective. "But Michael Lee Davis -- he just loves being a criminal." Bonds has
spent most of the past quarter-century tracking Davis, and helped to put him
behind bars in the '80s for arranging the murder of four people in exchange for
a slice of their life-insurance payoff. But incarceration didn't make Davis wary
of entering the viatical business in Dallas in the '90s with two other convicted
felons. Now the 46-year-old stands accused of masterminding a tangled scheme in
which HIV positive men were paid to falsify applications for insurance policies
eventually sold to investors. Tipped to a warrant for his arrest, Davis fled in
June of 1999 to parts unknown. Feds joined the probe of his alleged misdealings
involving companies in several states. Then, in the early morning hours of
September 22, 1999, Davis walked into the Dallas County Sheriff's Department
with his lawyer and gave himself up. The story of one of Houston's most infamous
criminals begins in 1975, when Davis was still known as Walter Waldhauser Jr.
and a woman named Trudy Zabolio was found hanged by her pantyhose. Four years
later, John and Diane Wanstrath (Zabolio's daughter) and their 14-month-old son
were all discovered shot in the head. An investigation revealed that Zabolio's
son, Markham Duff-Smith, had in fact arranged all the deaths, and that
Waldhauser had put him in touch with the hitman, Allen Janecka. All three men
were convicted in 1981; Duff-Smith was executed in 1993, and Janecka is still on
death row. Waldhauser avoided lethal injection by pleading guilty to three
counts of murder. After serving less than 10 years of his 30-year sentence, he
was paroled and legally changed his name to Michael Lee Davis. Waldhauser/Davis
is currently serving a lengthy prison sentence for defrauding insurance
companies of over $5 million. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
24, 2003
|
Ohio |
Wendy Offredo, 21
Dawn McCreery, 20 |
Richard Cooey |
stayed |
|
Condemned inmate Richard Cooey said
he won't make a final statement if his execution moves forward as scheduled on
Thursday. Cooey said he may write a statement that would be handed out after his
death by injection at the maximum-security prison near Lucasville. "What could I
possibly say?" Cooey said yesterday, in what may be his last interview from
death row. "Other than what I have said with regards to just give me a shot in
the courts, and I feel I have been wronged in the courts. "And with regards to
the victims' families, I am truly sorry for what happened. But like I said,
there are no words they could possibly accept, in my opinion, or even believe,"
he added. Cooey, 36, is on death row at the maximum-security prison in Mansfield
for kidnapping, raping, assaulting, and murdering 20-year-old Dawn McCreery and
Wendy Offredo, 21, on Sept. 1, 1986. They were University of Akron sorority
sisters who were leaving their jobs as waitresses when 17-year-old Clint Dickens
threw a chunk of concrete off an I-77 overpass, striking the windshield of the
car that Ms. Offredo was driving. Cooey, who was on leave from the Army, was
hanging out with a longtime friend, Kenny Horonetz, and Dickens. The three got
into the car Cooey had borrowed from his grandmother and offered the two women
help. The five drove to a shopping mall and Ms. Offredo used a pay phone to call
her mother. "I'm game if you're game," Cooey said as Dickens suggested they rob
the two women, according to court records. They had $37. Cooey pulled a knife on
the women when they realized they were not being driven back to their car.
Horonetz demanded to be let out of the car after Cooey told him to tie Ms.
McCreery's hands. Driving to a wooded area in nearby Norton, Dickens raped Ms.
Offredo. "Hey Clint, put on the Bad Company tape," Cooey said, court records
say. That led Dickens to say the women should be killed because they knew his
name, records show. Dickens grabbed Ms. Offredo in a chokehold, and Cooey used a
shoelace to strangle her as Dickens strangled Ms. McCreery with his other
shoelace. Cooey beat both women with a club, court records say. A coroner's
report said they died from the blows. In yesterday's interview, Cooey maintained
that Dickens, who could not receive the death sentence because he was 17 at the
time of the murders, killed the two women. Dickens is serving two life sentences
at the Ross Correctional Institution. Cooey claimed that his attorney let a plea
agreement fall through in which he would have pleaded guilty to lesser charges.
Cooey said he raped Ms. Offredo, but he said it was "rape under duress." "I was
looking at it - you know when you're a kid and you're high and bombed - I was
looking at it at the time as getting laid. In hindsight now, I've matured and
I've got a clear head and I've seen that it wasn't," he said. Cooey said he had
drunk a dozen beers, snorted cocaine, and smoked opium and marijuana that night.
Yesterday, he said Horonetz, who served eight months in prison on a felonious
assault and obstructing justice conviction, probably could have prevented the
killings if he had "talked some sense into me." Mark Gribben, a spokesman for
the state attorney general's office, said there is no doubt about Cooey's
involvement in the robbery, the assaults, the rapes, and the murders. "The
judicial process in this matter has been exhausted and complete. His case has
been considered by state and federal appellate courts, as well as the state
parole board," Mr. Gribben said. Cooey said he is spending most of his time in
his death row cell, drafting appeals on an electric typewriter that his public
defenders gave him. Asked if he has any hope he won't be executed on Thursday,
Cooey replied: "Not much, but there's always hope," and then he laughed. He said
he has not received many visits on death row over 16 years, with the exception
of his father, Richard Cooey, Sr., and grandmother, Audrey. Cooey said he keeps
to himself on death row and does not get in the "mix of the rat race." Asked to
elaborate, he said: "To be point blank, messing with the homosexuals, gambling,
and stuff like that. I don't partake in any of it. " Cooey said he won't need a
sedative as the state prepares to execute him. "You've got to face it. It comes
with being an adult. It comes with owning up to what society wants," he said.
UPDATE: A federal judge last night postponed the execution of Richard Cooey, a
convicted murderer who was scheduled to be put to death this morning. Judge Dan
Aaron Polster of U.S. District Court in Cleveland granted the request of Cooey's
lawyer for more time to study the case. Polster appointed Gregory Meyers of the
Ohio Public Defender's office to take over the case after an appeals court
dismissed Cooey's previous attorneys. ''Ultimately, I have concluded that the
integrity of the federal court would be impugned if the state of Ohio executes
Richard Cooey tomorrow,'' Polster said. Cooey, 36, was scheduled to die by
injection today at the Southern Ohio Correctional Facility in Lucasville. He
arrived from death row in Mansfield yesterday morning, said Andrea Dean, a
prison system spokeswoman. Attorney General Jim Petro's office said it would
appeal Polster's ruling. ''We respectfully disagree with the judge's ruling and
we are currently working on an appeal with the 6th Circuit,'' Mark Gribben, a
spokesman for Petro, said late yesterday. ''That appeal will be filed tonight.
The judges will make their decision when they decide.'' Gov. Bob Taft on Tuesday
denied Cooey's request for clemency. Cooey admits he kidnapped, robbed and raped
University of Akron sorority sisters Wendy Offredo, 21, and Dawn McCreery, 20,
of North Ridgeville, in September 1986. He denied he killed them, but says he's
''morally'' responsible for the murders. According to court documents, Cooey was
on leave from the Army when he and a friend, Clint Dickens, attacked the women.
Dickens was 17 then and could not be sentenced to death. He is serving a life
sentence. |
| Date of scheduled execution |
State |
Victim name |
Inmate name |
Status |
| July
29, 2003
|
Oklahoma |
Jayne Van Wey,
62 |
Harold McElmurry |
executed |
|
A man who
killed an elderly couple who once hired him
to do lawn work and odd jobs was executed by
lethal injection at the Oklahoma state prison Tuesday night. The victims, Rosa
Vivien Pendley, 75, and Robert Pendley, 80, lived in Eufaula. Robert Pendley was
a paraplegic and confined to a wheelchair. "I'd like to say I'm sorry to the
Pendleys," Harold McElmurry said in his last statment. "I hope they can forgive
me." The lethal injection of chemicals began at 6:04 p.m. and McElmurry was
pronounced dead at 6:06 p.m. The murders occurred Aug. 2, 1999. The Pendleys
were stabbed with scissors and their heads smashed in with a pipe. Harold
McElmurry confessed to the murders. McElmurry's wife, Vicki, was sentenced to
life in prison for her part in the slayings. Court documents stated that the
couple had previously done yard work for the Pendleys. Harold McElmurry had
talked of robbing and murdering the couple. He believed he was about to be
arrested for a probation violation, court documents stated, and would be sent
back to prison. The murderous couple actually walked two days to get to the home
of the Pendleys, court documents stated. Outside the Pendley's home, the couple
spent several hours discussing the murders. "I wanted to kill them but I didn't
feel right about it," Harold McElmurry was quoted as stating in court documents.
"I didn't care for Vivien much, but I liked Robert. Robert was real nice to me."
McElmurry also stated that he and his wife injected methamphetamines while
outside discussing the robbery and murders before returning to the Pendley home
to slaughter the couple. In his written statement to investigators, Harold
McElmurry said he first killed Robert, using a scissors to repeatedly stab him
in the chest and a hoe to strike him in the head. He later used a pipe to smash
his head after discovering that Robert was still alive. As for Rosa Pendley, she
was stabbed while Vicki McElmurry held her. She was also struck with a pipe. The
couple stole $70, costume jewelry, the Pendley's car and a pistol. They fled to
Texas and then to Mexico. The couple were arrested when they crossed the border
back into the United States on Aug. 5, 1999. Harold McElmurry had previous
convictions for grand larceny and concealing stolen property. |
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