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Jury Center :: Capital Case Data Project ::
Sentenced to death in Covington County, Alabama By: A judge, after jury recommended life in prison Date of crime: November 2002 Prosecution’s case/defense response: Doster was convicted of killing a man while he was on the run after escaping from prison. Motive was to take Paul LeMaster’s truck to aid in his escape. Doster had escaped from prison on one prior occasion as well. He also was charged with the murder of a retired Louisiana deputy sheriff in Texas in April 2005. The jury recommended life in prison after testimony from Doster’s two small daughters and problems with drug addiction, but the judge imposed a death sentence.
Prosecutor(s): Greg Gambril Sources: Las Vegas Sun 4/28/05 (2005 WLNR 6663911); Associated Press 8/21/06 (Westlaw), 9/4/06 (Westlaw), 5/17/07 (Westlaw); Andalusa Star News 9/1/06 (www.andalusiastarnews.com) Jimmy Killingsworth – white, age 28 Sentenced to death in Bibb County, Alabama By: A judge, after a 7-5 jury recommendation of life in prison without parole Date of crime: December 10, 2004 Prosecution’s case/defense response: Killingsworth was convicted of capital murder for a drive-by shooting that killed Steven Spears. Killingsworth was the driver of the vehicle. He pulled alongside Spears’ vehicle while 16-year-old Troy Connell actually fired the shots. Killingworth then entered the car and stole Spears’ wallet. The other defendant beat Spears wife with a chain. The all-woman jury recommended life without parole, but the judge denied that recommendation and issued a death sentence. Connell received life in prison, since he was ineligible for the death penalty because he was less than 18 years old at the time of the crimes.
Prosecutor(s): Don McMillan, William Dill, Corey Maze & Don Valeska Sources: Birmingham News 3/24/06 (Westlaw); Associated Press 12/7/06 (2006 WLNRNR 21210913), 12/8/06 (Westlaw); 12/8/06 (2006 WLNR 21279668) Ellis Mashburn, Jr. – white, age 24 Sentenced to death in Calhoun County, Alabama By: A judge, after an 11-1 recommendation of death by a jury Date of crime: October 2002 Prosecution’s case/defense response: On the first day of trial, Mashburn pleaded guilty for killing his grandmother and step-grandfather. Regardless of plea, state law requires the jury still find guilt beyond a reasonable doubt in capital cases. Both victims were beaten and stabbed to death. Prosecutors claimed the motive was robbery. Two other people had also been charged with the crime. The delay in prosecuting Mashburn resulted from the state crime lab not processing the evidence due to backlog.
Prosecutor(s): Sources: Associated Press 9/27/06 (Westlaw), Associated Press 10/11/06 (Westlaw) Sentenced to death in Houston County, Alabama By: A judge, after a unanimous recommendation of death by a jury Date of crime: August 10, 2005 Prosecution’s case/defense response: Jurors took less than an hour to convict McCray for fatally stabbing his girlfriend to death. Prosecutors said that McCray and his girlfriend got into an argument, so he stabbed her multiple times and strangled her. Brandy Bachelder had broken up with McCray the week before her murder. Defense tried to suppress a tape of police interviewing McCray in which he created four different stories of how he was cut on his hand. The jury did see the tape.
Prosecutor(s): unknown Sources: Associated Press 10/20/06 (Westlaw), Dothan Eagle 10/19/06 (Westlaw) Christopher Revis – white, age 26 Sentenced to death in Marion County, Alabama By: A judge, after a recommendation of death by a jury Date of crime: February 2004 Prosecution’s case/defense response: Revis was found guilty for killing a neighbor. Prosecutors claimed the murder occurred during a botched robbery. His uncle was also convicted of the same murder, and his brother has also been charged.
Prosecutor(s): Sources: Times Daily 11/16/06; Telephone: Jack Bostwick, D.A., 8/17/07 Shad Armstrong – white, age 25 (re-sentencing) Sentenced to death in Pima County, Arizona By: A jury Date of crime: February 1998 Prosecution’s case/defense response: Armstrong was convicted in 2000 for killing his sister and her fiancé. Prosecutors said the motive was because Armstrong feared his sister would turn him in for crimes he committed in Oklahoma, and also wanted to steal her money. Defense argued that the motive did not include money, therefore making him ineligible for the death penalty. The sentence was overturned after the United States Supreme Court ruled that jurors, not judges should decide sentencing in capital murder cases. The jury only deliberated for 90 minutes before deciding Armstrong was eligible for parole, and four hours to decide on death penalty.
Prosecutor(s): Susan Eazer Sources: Arizona Daily Star 11/1/06 (2006 WLNR 19544309), 11/8/06 (2006 WLNR 19893244), 11/15/06 (2006 WLNR 20248775), 11/16/06 (2006 WLNR 20310366) Joseph Aguayo – Latino, age 36 Sentenced to death in Sacramento County, California By: A jury Date of crime: April 1979 Prosecution’s case/defense response: Through DNA evidence, Aguayo was convicted of killing Eva Chu, who was seven months pregnant at the time of her death. Aguayo was serving a 60 year sentence for kidnapping, rape and robbery of his ex-girlfriend when the district attorney’s office reviewed old cases, and discovered the match. The defense argued there was a possibility of human or machine error, and to not rely on DNA evidence. Defense also had witnesses who described a man that looked nothing like Aguayo drive away in Chu’s car.
Prosecutor(s): Ernest Sawtelle Sources: The Sacramento Bee 5/2/03 (2006 WLNR 15927459), 10/3/06 (2006 WLNR 17165862), 10/27/06 (2006 WLNR 22909925), 11/10/06 (2006 WLNR 19585406), 12/22/06 (2006 WLNR 22401785) Robert Frazier – white, age 38 Sentenced to death in Contra Costa County, California By: A jury Date of crime: May 13, 2003 Prosecution’s case/defense response: Frazier was convicted for the rape and murder of Kathleen Aiello-Loreck. He waited on a walking path for his victim to appear, then bludgeoned her to death with a fence post. DNA evidence tied Frazier to the crime. Defense attorneys said Frazier did attack Aiello-Loreck, he did not plan the crime. Defense also argued mental illness during penalty phase. Frazier tried to fire his attorneys throughout the trial, but the judge would not allow it.
Prosecutor(s): John Cope Sources: San Francisco Chronicle 12/12/06 (2006 WLNR 21870262); Alameda Times-Star 12/16/06 (2006 WLNR 21951656; Contra Costa Times 12/16/06 (2006 WLNR 21884784) Louis Mitchell, Jr. – black, age 35 Sentenced to death in San Bernardino, California By: A jury Date of crime: August 5, 2005 Prosecution’s case/defense response: Mitchell, a gang member, was convicted of murdering three men and injuring three others. Mitchell killed two victims at a car dealership, then went to an apartment complex to kill the third victim. Defense did not argue Mitchell committed the shootings at the dealership, but did present rebuttal witnesses for the apartment complex shootings. During sentencing defense argued Mitchell had a troubled background and PCP in his system that prevented him from knowing right and wrong. Defense counsel also claimed the all white jury would be conducting “whitey’s justice” if they presented a death sentence.
Prosecutor(s): Cheryl Kersesy Sources: Associated Press 8/23/05 (Westlaw), 10/5/06 (WestLaw); Los Angeles Times 8/10/05 (2005 WLNR 23352673); Inland News 7/16/06; San Bernardino County News 8/22/06; San Bernardino Sun 9/1/06 Eugene McWatters– white, age 26 Sentenced to death in Martin County, Florida By: A judge, after a 10-2 recommendation of death by a jury Date of crime: 2004 Prosecution’s case/defense response: McWatters was convicted for the strangulation murders of three women. He was dubbed the “Salerno Strangler.” The key evidence in the murders was a confession by McWatters, which defense stated was caused by drug and police interrogation. Prosecutors said McWatters was acting on rage for his girlfriend prostituting herself. The victims had a history of prostitution.
Prosecutor(s): Tom Bakkedahl Sources: Palm Beach Post 11/11/06 (2006 WLNR 19733550), 12/5/06 (Westlaw); Associated Press 12/5/06 (2006 WLNR 21035890); Stuart News 12/5/06 (2006 WLNR 21015390) Sentenced to death in Lake County, Florida By: A judge, after a 10-2 recommendation of death by a jury Date of crime: Feb. 9, 2005
Prosecution’s case/defense response: Wheeler was convicted of the shooting death
of a police officer, and for wounding two others. Wheeler was shot and left
paralyzed during the shootout. Police had been called to Wheeler’s home after
his girlfriend called alleging he raped her. Defense argued Wheeler was
impaired by stress and drugs during the shooting. Sources: Orlando Sentinel 8/12/06 (2006 WLNR 13975708), 9/16/06 (2006 WLNR 161001174); 10/16/06 (2006 WLNR 17924221) Sentenced to death in Adair County, Kentucky By: A jury Date of crime: Feb. 26, 1993 Prosecution’s case/defense response: During a burglary of their home, Meece killed William and Beth Wellnitz, along with their son Dennis. The daughter of the victims plotted with Meece to kill her family in order to get her inheritance. She pleaded guilty and testified against Meece. Meece had confessed to the murders, giving a detailed description of how he committed the crime. Defense argued the confessions were a result of coercion by police because they offered him a plea agreement. When he was indicted, Meece was in jail on a charge of agreeing to kill someone for $2,000.
Prosecutor(s): Brian Wright Sources: Lexington Herald-Ledger 9/19/06 (Westlaw), 10/20/06 (2006 WLNR 18251039), 10/21/06 (2006 WLNR 18298060) Sentenced to death in Jefferson County, Kentucky By: A judge, after a guilty plea by defendant Date of crime: Dec. 28, 2003 Prosecution’s case/defense response: Windsor was convicted of beating and stabbing to death his estranged wife, Betty Jean, and their 8-year-old son Corey. At the time of the killings, there was a valid domestic violence order in place. He was on the run for seven months until a tip from “America’s Most Wanted” led to his arrest. Windsor pleaded guilty to the murders, and also asked the judge to fire his attorneys and give him the death penalty. During sentencing, defense argued Windsor was abused as a child and mistreated by his mother. Windsor was outraged that his defense used his mother as a reason for why he committed the murders. Windsor told police he committed the killings as part of a suicide pact.
Prosecutor(s): Carol Cobb Sources: The Kentucky Post 10/27/06 (2006 WLNR 18801796); Associated Press 11/17/06 (Westlaw), 11/17/06 (Westlaw) Kristi Fulgham – white, age 26 Sentenced to death in Oktibbeha County, Mississippi By: A jury Date of crime: May 2003 Prosecution’s case/defense response: Fulgham was convicted of killing her estranged husband during a robbery attempt at his home. Fulgham’s half-brother, Tyler Edmonds, was also convicted of the crime. Since he was only 13 at the time of the murder, he received a life sentence after being tried as an adult. Defense called no witnesses and rested their case immediately following prosecution completed their case. Defense counsel called for a mistrial during sentencing because the bailiff had left his Bible in the deliberation room and the jury asked to keep it.
Prosecutor(s): Patricia Faver, Frank Clark Sources: Memphis Commercial Appeal 5/14/03 (2003 WLNR 8896958); Associated Press 12/10/06 (Westlaw) Scott McLaughlin – white, age 31 Sentenced to death in St. Louis County, Missouri By: A judge, after a jury deadlocked on the sentencing Date of crime: Nov. 20, 2003 Prosecution’s case/defense response: McLaughlin was convicted of the first-degree murder, rape, and armed criminal action of his former girlfriend, Barbara Guenther. Defense attorneys acknoWLNRedged McLaughlin fatally stabbed Guenther in a parking lot, then had sex with her corpse before hiding the body, but that he lacked the “cool reflection” needed to prove first-degree murder. Prosecutors presented numerous letters Guenther wrote to document the stalking and harassing behavior she endured by McLaughlin.
Prosecutor(s): Sources: St. Louis Dispatch 9/26/06 (LexisNexis), 10/10/06 (LexisNexis), 11/4/06 (2006 WLNR 19181059); Associated Press 11/5/06 (Westlaw) Sentenced to death in Clark County, Nevada By: A jury Date of crime: Jan. 22, 2003 Prosecution’s case/defense response: The jury convicted Maestas for the stabbing of 3-year-old Kristyanna Cowan and 10-year-old Brittney Bergeron while they were left alone in a trailer outside of a casino. Kristyanna died due to the attack, and Brittney was left paralyzed from the waist down. Maestas admitted to the attack, but claimed it was in retaliation for the girl’s mother selling him salt instead of meth. His 16-year-old sister assisted in the attack. A prior trial in 2005 resulted in the jury deadlocking 10-2 in favor of the death penalty. While in jail awaiting trial, Maestas was charged with attempting to throw a corrections officer off a balcony.
Prosecutor(s): David Schwartz Sources: Las Vegas Review Journal 3/29/05 (LexisNexis), 6/2/05 (www.web2.westlaw.com), 8/23/06 (www.web2.westlaw.com); Deseret Morning News 6/10/05 (www.web2.westlaw.com), 8/23/06 (2006 WLNR 14650243); (Westlaw); Associated Press 8/22/06 (Westlaw) George Wilkerson – white, age 23 Sentenced to death in Randolph County, North Carolina By: A jury Date of crime: Jan. 11, 2005 Prosecution’s case/defense response: Wilkerson was convicted for the shooting deaths of two teenage boys. Defense argued it was a case of mistaken identity, even though Wilkerson was found outside the home where the crime occurred. Prosecutors said motive was due to the victims stealing a gram of cocaine from Wilkerson. Logan Malanowski was also charged with the murders and received a life sentence. In a prior statement to police, Wilkerson claimed Malanowski was the shooter, but recanted that statement, claiming no involvement in the crime. During sentencing, defense presented evidence that his mother had been married eight times to abusive men, and his father was a registered sex offender.
Prosecutor(s): Andy Gregson, Ray Warburton Sources: Greensboro News & Record 1/12/05 (2005 WLNR 24378867), 1/16/05 (2005 WLNR 694504); The Courier Tribune 12/8/06 (www.courier-tribune.com), 12/19/06 (www.courier-tribune.com) Clarence Fry, Jr.– black, age 45 Sentenced to death in Summit County, Ohio By: A jury Date of crime: July 31, 2005 Prosecution’s case/defense response: Fry was convicted of murdering his former girlfriend. Fry argued the killing was spontaneous, because Tamela Hardison had started a fight by throwing an ashtray at him. Hardison’s small grandchildren were present for the murder, and testified at trial. After the jury returned the verdict, Fry responded by doing a choke sign and flipping his middle finger to the members. During sentencing, Fry refused to allow his attorney to present any evidence. He told the judge the reason for the decision was so the appeal process could begin sooner. Fry was removed from sentencing for making disparaging remarks about his victim.
Prosecutor(s): Angela Walls-Alexander Sources: Akron Beacon Journal 6/27/06 (2006 WLNR 11108142), 7/12/06 (2006 WLNR 11978721); Cleveland Plain Dealer 7/12/06 (2006 WLNR 12055308); Journal-Gazette 7/13/06 (2006 WLNR 12119774) Sentenced to death in Bucks County, Pennsylvania By: A jury Date of crime: Sept. 25, 2005 Prosecution’s case/defense response: More than 30 people witnessed Flor kill a police officer in a hospital emergency room. A second officer and hospital staff member was also wounded in the attack. Flor had been arrested for drunk driving and punching his girlfriend. While at the hospital for a blood test, Flor was able to grab the officer’s gun and started firing. Flor pleaded guilty to killing the officer, but asked the jury to decide his fate. Defense counsel claimed Flor refused to participate in his defense. Three experts did testify to Flor’s mental health. The jury only took 70 minutes to decide on death sentence.
Prosecutor(s): Diane E. Gibbons Sources: Philadelphia Inquirer 11/19/06 (2006 WLNR 20072648); Intelligencer 11/21/06 (2006 WLNR 20605587), 12/5/06 (2006 WLNR 21403142), 7/6/07 (2007 WLNR 13175066) Sentenced to death in Calhoun County, South Carolina By: A jury Date of crime: July 2004 Prosecution’s case/defense response: Mahdi was convicted of shooting an off-duty police officer nine times, then setting his body on fire. He pleaded guilty to the crime after prison guards found a homemade handcuff key in his pocket. Defense counsel’s main argument was Mahdi could not have known James Myers was a police officer when he committed the murder. A week before this crime, Mahdi had killed a store clerk in a robbery, ending up on Myers’s farm. Myers was killed in a shed on his property when he discovered Mahdi hiding out there. Mahdi then fled in his unmarked police car and led police on a three-day chase
Prosecutor(s): David Pascoe Sources: Richmond Times Dispatch 12/5/06 (2006 WLNR 21193395), 12/10/06 (2006 WLNR 21793576); Associated Press 12/9/06 (Westlaw); Augusta Chronicle 12/10/06 (2006 WLNR 22825477) Go Back Sentenced to death in Greenville County, South Carolina By: A jury Date of crime: Nov. 1, 1997 Prosecution’s case/defense response: Owens had twice been convicted of killing a store clerk and received a death sentence at both trials. A new sentencing trial was granted in 2001, because the trial judge did not give defense attorneys time to prepare a response to the evidence presented in the sentencing phase. The sentencing was again overturned in 2003 due judge’s error. After being found guilty for the crime in 1999, Owens returned to his holding cell and beat a fellow inmate to death. The defense relied primarily on mental disorders.
Prosecutor(s): Bob Ariail, Betty Strom Sources: Charlotte Observer 3/6/99 (1999 WLNR 2092852); August Chronicle 3/6/99 (1999 WLNR 1086284); Greenville News 11/10/06 (LexisNexis), 11/11/06 (LexisNexis), 11/12/06 (LexisNexis), 11/14/06 (LexisNexis), 11/18/06 (LexisNexis); Augusta Chronicle 11/13/06 (LexisNexis); State v. Owens, 362 S.C. 175, 607 S.E.2d 78 (Westlaw 2004); State v. Owens, 346 S.C. 637, 552 S.E.2d 745 (Westlaw 2001) Sentenced to death in Clarendon County, South Carolina By: A jury Date of crime: June 2003 Prosecution’s case/defense response: Woods was convicted of raping and strangling schoolteacher JoAnn DuBose. A previous trial had ended in a mistrial. Defense attorneys claimed Woods’ schizophrenic mother left him emotionally scarred. Evidence of Woods being hit by a car as a teenager was also presented. At the time of the conviction, Woods was already serving two life sentences for other crimes.
Prosecutor(s): Dudley Saleeby, Kelly Jackson Sources: Associated Press 12/8/06 (Westlaw), 12/9/06 (Westlaw); Myrtle Beach Sun News 12/11/06 (2006 WLNR 21334488) Sentenced to death in Tarrant County, Texas By: A jury Date of crime: Aug. 28, 2004 Prosecution’s case/defense response: Carter was sentenced to death for the robbery and murder of 89-year-old James Tomlin. Carter claimed he tied his victim up with duct tape, who then died of asphyxiation after Carter had left the home. Police statements showed Carter had no intention of leaving his victim alive. Defense claimed Carter was mentally retarded and from a dysfunctional family. Carter’s girlfriend, Leketha Allen, is awaiting trial for the same crimes.
Prosecutor(s): Lisa Callaghan, Darrell Davila Sources: Associated Press 11/16/06 (Westlaw); Fort Worth Star-Telegram 11/16/06 (2006 WLNR 19885956), 11/2/06 (2006 WLNR 18967378); Associated Press 10/31/06 (Westlaw) John Steven Gardner – white, age 49 Sentenced to death in Collin County, Texas By: A jury Date of crime: January 2005 Prosecution’s case/defense response: Gardner was given a death sentence for the shooting death of his wife, Tammy Gardner. Tammy had placed a call to 911 and named her husband as the assailant after she had been shot in the head. She died in the hospital three days later after the family chose to take her off life support. Prosecutors claimed Gardner shot Tammy because she had filed for divorce. Defense argued there was no forensic evidence connecting Gardner to the crime. During sentencing, the jury learned that Gardner was convicted of shooting his first wife in Mississippi in 1983. Rhoda Gardner was only 18 and pregnant at the time of her death. Gardner argued he would not be a danger in prison, so there was no need to give the death penalty.
Prosecutor(s): Gail Leyko, Curtis Howard Sources: Dallas Morning News 2/10/05 (2005 WLNR 24690944), 11/8/06 (2006 WLNR 19490131), 11/10/06 (2006 WLNR 19676809), 11/15/06 (2006 WLNR 19849021), 7/7/07 (2007 WLNR 12892560) Sentenced to death in Dallas County, Texas By: A jury Date of crime: May 2005 Prosecution’s case/defense response: Long admitted to raping and killing 11-year-old Kaitlyn Smith, but claimed his alter-ego made him do it. Kaitlyn was spending the night with a friend, and Long had also been living in that home since his mother kicked him out. Long disposed of her body under a vacant trailer in the mobile home park. Kaitlyn’s grandfather discovered her body in a garbage bag under the trailer. Defense claimed Long lacked the specific intent needed to commit the murder, since he was drunk and on meth.
Prosecutor(s): Andy Beach Sources: Dallas Morning News 5/24/05 (2005 WLNR 24662770), 10/4/06 (2006 WLNR 17191673), 10/5/06 (2006 WLNR 17271693) Juan Meza Segundo – Latino, age 22 Sentenced to death in Johnson County, Texas By: A jury Date of crime: Aug. 3, 1986 Prosecution’s case/defense response: For nearly 20 years, the sexual assault and murder of 11-year-old Vanessa Villa was a mystery. But DNA evidence connected Segundo, a family friend, to the murder. Vanessa and her siblings were sleeping when her mother ran to the store in the middle of the night. Her mother discovered her dead when she arrived home. While in jail awaiting trial for this crime, DNA evidence connected Segundo to the rape and murder of two other women. Defense presented mitigating evidence showing Segundo suffered severe brain damage from years of abusing drugs.
Prosecutor(s): Christy Jack, Alan Levy Sources: Dallas Morning News 12/9/06 (2006 WLNR 21325589); Fort Worth Star-Telegram 12/13/06 (2006 WLNR 22172528), 12/16/06 (2006 WLNR 21884643), 12/21/06 (2006 WLNR 22302461) Clifton Williams – black, age 22 Sentenced to death in Smith County, Texas By: A jury Date of crime: July 2005 Prosecution’s case/defense response: Williams was convicted of killing 93-year-old Cecelia Schneider during a robbery for drug money. Williams entered Schneider’s home, stabbed her to death, then set her body on fire. He then escaped in her car with $40 from her purse. Defense claimed Williams was a scapegoat for the person who really committed the crime.
Prosecutor(s): Sources: Associated Press 10/3/06 (Westlaw), Ricky Javon Gray– black, age 28 Sentenced to death in Richmond, Virginia By: A jury Date of crime: Jan.1, 2006 Prosecution’s case/defense response: Gray, along with his nephew, was convicted of killing a family of four by slashing their throats and setting their house on fire. Gray received life sentences for the murders of Bryan and Kathryn Harvey. The killing of 9-year-old Stella and 4-year-old Ruby resulted in Gray receiving a death sentence. Gray also confessed to being an accomplice to the suffocation murders of three people just a week prior to this crime, but he was not charged. On that same day, Gray admitted he beat his wife to death while his nephew held her down. As part of a plea, the nephew received a life sentence.
Prosecutor(s): Michael Herring Sources: Associated Press 10/23/06 (Westlaw); Daily Press 10/24/06 (2006 WLNR 18463814); Post-Gazette (2006 WLNR 18431579); Virginia Pilot & Ledger-Star 10/24/06 (2006 WLNR 18564780) |
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