July 2014 Executions

Date of scheduled execution State Victim name Inmate name Status
July 10, 2014 Florida Kimberly Waters, 11 Eddie Davis executed
Kimberly Waters, murder victimOn the afternoon of March 4, 1994, police found the body of eleven-year-old Kimberly Waters in a dumpster not far from her home. She had numerous bruises on her body, and her pubic area had been lacerated. An autopsy revealed that the cause of death was strangulation. On March 5, police questioned Eddie Wayne Davis, a 25-year-old former boyfriend of Kimberly’s mother, at the new residence where he and his girlfriend were moving. Davis denied having any knowledge of the incident and said that he had been drinking at a nearby bar on the night of the murder. Later that same day police again located Davis at a job site and brought him to the police station for further questioning, where he repeated his alibi. Davis also agreed to and did provide a blood sample. While Davis was being questioned at the station, police obtained a pair of blood-stained boots from the trailer Davis and his girlfriend had just vacated. Subsequent DNA tests revealed that the blood on the boots was consistent with the victim’s blood and that Davis’s DNA matched scrapings taken from the victim’s fingernails on her left hand. Davis had been on court-ordered community control after being released from prison after serving only five years of a fifteen year sentence for burglary and grand theft. A warrant was issued for Davis’s arrest. On March 18, Davis agreed to go to the police station for more questioning. He was not told about the arrest warrant. At the station, he denied any involvement and repeated the alibi he had given earlier. After about fifteen minutes, police advised Davis of the DNA test results. Davis insisted they had the wrong person and asked if he was being arrested. Police told him that he was. At that point Davis requested to contact his mother so she could obtain an attorney for him, and the interview ceased. Davis was placed in a holding cell. A few minutes later, while Davis was in the holding cell, Major Grady Judd approached him and, making eye contact, said that he was disappointed in Davis. When Davis responded inaudibly, Judd asked him to repeat what he had said. Davis made a comment suggesting that the victim’s mother, Beverly Schultz, was involved. Judd explained that he could not discuss the case with Davis unless he reinitiated contact because Davis had requested an attorney. Davis said he wanted to talk, and he did so, confessing to the crimes against Kimberly and implicating Beverly Schultz as having solicited the crimes. Within a half hour after this interview, police conducted a taped interview in which Davis gave statements similar in substance to the untaped confession. Davis’s full Miranda warnings were not read to him until the taped confession began. In May, 1994, Davis wrote a note asking to speak to detectives about the case. In response, police conducted a second taped interview on May 26, 1994. Police asked Davis if he was willing to proceed without the advice of his counsel, to which Davis responded yes, but specific Miranda warnings were not recited to Davis. During this interview, Davis again confessed to killing Kimberly but stated that Beverly Schultz was not involved. Davis explained that he originally went to Schultz’s house to look for money to buy more beer. Because Schultz normally did not work on Thursday nights and because her car was gone, Davis believed that no one was home. Indeed, Schultz was not home at the time because she had agreed to work a double shift at the nursing rehabilitation center where she was employed. However, her daughters, Crystal and Kimberly, were at the house sleeping. Crystal later told her mother that she had last seen her sister asleep in their mother’s bed when she had gotten up to turn up the heater temperature around 3:00 am that morning. When Davis turned on the lights in Beverly Schultz’s bedroom, he saw Kimberly. Kimberly woke up and saw him. He put his hand over her mouth and told her not to holler, telling her that he wanted to talk to her. Kimberly went with him into the living room. Davis put a rag in her mouth so she could not yell. Davis related that they went outside and jumped a fence into the adjacent trailer park where Davis’s old trailer was located. Davis said that while they were in the trailer, he tried to put his penis inside of Kimberly. When he did not succeed, he resorted to raping her with two of his fingers. Afterwards, Davis took Kimberly to the nearby Moose Lodge. He struck her several times, then placed a piece of plastic over her mouth. She struggled and ripped the plastic with her fingers but Davis held it over her mouth and nose until she stopped moving. He put her in a dumpster and left. Davis moved to suppress the March 18 and May 26 statements he made to law enforcement officers, arguing that his Miranda rights were violated. The trial court denied those motions. The jury found Davis guilty of first-degree murder, burglary with assault or battery, kidnapping a child under thirteen years of age, and sexual battery on a child under twelve years of age. The jury unanimously recommended a sentence of death and the trial court sentenced Davis to death. “There are a lot of terrible crimes that occur but that is in the top 10 of my 41 years of service, and I’ve seen thousands and thousands of vicious crimes,” Sheriff Judd said after Davis’s execution date was set. Beverly Schultz died in a motorcycle accident 10 years after her daughter’s murder. In 2013, Crystal Waters, then 33, said she remembered the day Kimberly was murdered like it was yesterday. Crystal and Kimberly’s grandmother, Mary Hobbs said, "It has been very frustrating. Does he deserve to die? You bet your bottom dollar he does. This scum has torn our family to pieces. Kimberly was such a sweet little child, and she didn’t deserve this." Mary Hobbs said she will be present when Davis is executed. "I’ll be there for my dead daughter, and for my little granddaughter. I want closure, and I think it will help. Why should he keep breathing air? My granddaughter isn’t. She never had a chance against an animal like that. We’ve waited long enough. It’s time for justice now." Mary said the 11-year-old loved wild flowers and butterflies and enjoyed swimming in the Weeki Wachee River.

Date of scheduled execution State Victim name Inmate name Status
July 10, 2014 Georgia Keith Lloyd Evans , 23 Tommy Waldrip stayed
Keith Evans, murder victimTommy Lee Waldrip murdered 23-year-old Keith Evans to prevent Keith from testifying against Waldrip’s son, John Mark Waldrip, at his armed robbery retrial in Forsyth County. Keith, who worked as a clerk in the store at the time of the robbery, testified as the State’s sole eyewitness at John Mark’s first trial in 1990. Although John Mark was convicted in the 1990 trial, the trial court granted his motion for new trial, and he was released on bond pending the retrial. At the time of his death, Keith was scheduled to testify at the retrial. On Saturday afternoon, two days before the retrial was scheduled to begin, Tommy Waldrip and his son, John Mark, and Waldrip’s brother-in-law, Howard Kelly Livingston, drove to Cleveland, Georgia and bought a used station wagon for $150, which they returned a half hour later because it was overheating. That evening, John Mark called Robert Garner, who was also scheduled to testify against him at the retrial, and threatened to harm Garner if he testified. Garner, who had driven the car during the armed robbery, did not testify at John Mark’s 1990 armed robbery trial. Shortly before the retrial was scheduled to begin, Garner had given a statement to police implicating himself and John Mark in the armed robbery and had agreed to testify against John Mark. Garner, who was incarcerated elsewhere, had been brought to the Forsyth County jail to await testifying at John Mark’s retrial. At approximately 9:30 p.m. Waldrip and John Mark left Waldrip’s apartment in Waldrip’s wife’s Ford Tempo. Sometime between 10:30 p.m. and midnight, the trio found Keith at a highway crossing in Dawson County. After running Keith’s truck off the road, they shot at him through the windshield. He was hit with birdshot from a shotgun in the face and neck. Since Keith was still alive, the three men drove his truck, with Keith in the passenger seat, to Hugh Stowers Road in Dawson County, where they beat him to death with a blackjack. They buried Keith’s body in a shallow grave in Gilmer County and set his truck on fire. The fire was reported at approximately 12:30 a.m. Sunday morning. A current insurance card for the Ford Tempo, belonging to Waldrip’s wife, Linda Waldrip, was found near the burned truck. Waldrip was interviewed on Sunday afternoon and denied any involvement in Keith’s disappearance. During the interview, Linda Waldrip was asked for her insurance card for the Ford Tempo, and she produced an expired card. John Mark’s retrial for armed robbery did not take place. On Monday morning, Keith Evans was missing and Garner refused to testify against John Mark. Garner subsequently informed the district attorney of the threats made against him, and John Mark was arrested and charged with influencing a witness. Waldrip was arrested on Tuesday, and on Thursday, confessed to shooting and beating the victim and burning his truck. He then led authorities to the victim’s body, and later, to the shotgun used in the crimes. According to this statement, Waldrip was responsible for all of the crimes against the victim, John Mark was let out of the car and left prior to the shooting, and Livingston, although present, was merely a bystander. The following day, Waldrip gave a conflicting statement, in which he contended that John Mark and Livingston murdered the victim and burned his truck, and that he was merely a bystander. Waldrip gave a third statement in which he related that all three of the men participated in the crimes. Following Waldrip’s convictions, John Mark Waldrip and Howard Livingston were convicted in separate trials. John Mark’s conviction and life sentence were affirmed on direct appeal. Livingston also received a life sentence. The State initially sought the death penalty against both John Mark Waldrip and Howard Livingston. The jury recommended sentencing John Mark to life imprisonment, and the State subsequently withdrew its request for the death penalty against Livingston, who also received a sentence of life imprisonment. Engraved on Keith Evans’s headstone are the symbols of the scales of justice and a judge’s gavel, and the words "HE DIED FOR JUSTICE."

Date of scheduled execution State Victim name Inmate name Status
July 16, 2014 Missouri Randy "Happy" Hamilton
Stacey Hodge
Alfred Pinegar
John Middleton executed
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 23, 2014 Arizona Debra Dietz
Eugene Dietz
Joseph Wood executed
Joseph Wood shot and killed his estranged girlfriend, Debra Dietz, and her father, Eugene Dietz, on August 7, 1989 at a Tucson automotive paint and body shop owned and operated by the Dietz family. Since 1984, Wood and Debra had maintained a tumultuous relationship increasingly marred by Wood’s abusive and violent behavior. Eugene generally disapproved of this relationship but did not actively interfere. In fact, the Dietz family often included Wood in dinners and other activities. Several times, however, Eugene refused to let Wood visit Debra during business hours while she was working at the shop. Wood disliked Eugene and told him he would “get him back” and that Eugene would “be sorry.” Debra had rented an apartment that she shared with Wood. Because Wood was seldom employed, Debra supported him financially. Wood nevertheless assaulted Debra periodically. She finally tried to end the relationship after a fight during the 1989 July 4th weekend. She left her apartment and moved in with her parents, saying “I don’t want any more of this.” After Debra left, Wood ransacked and vandalized the apartment. She obtained an order of protection against Wood on July 8, 1989. In the following weeks, however, Wood repeatedly tried to contact Debra at the shop, her parents’ home, and her apartment. Debra and Eugene drove together to work at the shop early on Monday morning, August 7, 1989. Wood phoned the shop three times that morning. Debra hung up on him once, and Eugene hung up on him twice. Wood called again and asked another employee if Debra and Eugene were at the shop. The employee said that they had temporarily left but would return soon. Debra and Eugene came back at 8:30 a.m. and began working in different areas of the shop. Six other employees were also present that morning. At 8:50 a.m., a Tucson Police officer saw Wood driving in a suspicious manner near the shop. The officer slowed her patrol car and made eye contact with Wood as he left his truck and entered the shop. Eugene was on the telephone in an area where three other employees were working. Wood waited for Eugene to hang up, drew a revolver, and approached to within four feet of him. The other employees shouted for Wood to put the gun away. Without saying a word, Wood fatally shot Eugene once in the chest and then smiled. When the police officer saw this from her patrol car she immediately called for more officers. Wood left the shop, but quickly returned and again pointed his revolver at the now supine Eugene. Donald Dietz, an employee and Eugene’s seventy-year-old brother, struggled with Wood, who then ran to the area where Debra had been working. Debra had apparently heard an employee shout that her father had been shot and was trying to telephone for help when Wood grabbed her around the neck from behind and placed his revolver directly against her chest. Debra struggled and screamed, “No, Joe, don’t!” Another employee heard Wood say, “I told you I was going to do it, I have to kill you.” Wood then called Debra a “bitch” and shot her twice in the chest. Several police officers were already on the scene when Wood left the shop after shooting Debra. Two officers ordered him to put his hands up. Wood complied and dropped his weapon, but then grabbed it and began raising it toward the officers. After again ordering Wood to raise his hands, the officers shot Wood several times. Wood was arrested and indicted on two counts of first degree murder and two counts of aggravated assault against the police officers who subdued him. At trial, Wood conceded his role in the killings, but argued that they were impulsive acts that were not premeditated. After a five-day trial, the jury found Wood guilty on all counts. Following an aggravation and mitigation hearing, the trial court sentenced Wood to imprisonment for the assaults and to death for each murder.

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