State of Missouri v. Andrew Wessel Six

 805 SW 2d 159

Andrew Wessel Six was executed on August 20, 1997

Case Facts:  On April 10, 1987, Andrew Six and his uncle Donald Petary went to the home of Mr. And Mrs. Don and Stella Allen in Ottumwa, Iowa with the intent to purchase a pick-up truck that was being sold by the Allens to help pay for Mr. Allen’s open heart surgery. In the truck, Six overpowered Mrs. Allen and Petary taped her hands behind her back with duct tape they had purchased earlier that evening. Learning that the Allens’ 17 year old daughter Christine was in their trailer home, Six stated that he wanted to rape Christine who was several months pregnant.

When the trio returned to the trailer Don Allen was waiting outside. Six held a knife to Stella Allen’s throat while Petary, also armed with a knife, ordered Mr. Allen inside the trailer where Petary taped Mr. Allen’s hands. Mr. And Mrs. Allen were then taken into a bedroom where their mouths were also taped.

Petary guarded the Allens while Six retrieved their 13 year old daughter Kathy who was taken to the bedroom with her parents. Six then went to Christine’s room and raped her. Six then took Christine to the bedroom with the other family members and ordered the two girls to get dressed in overalls. Six took Mr. and Mrs. Allen’s wallets and during that time struggled with Mr. Allen whereupon Six regained control of Mr. Allen threatened to kill Mrs. Allen if Mr. Allen attempted anything further.

As Six and Petary were leading the Allen family from their home Mr. Allen and Christine managed to break free to run for help. Six then cut Mrs. Allen’s throat exposing her carotid artery which required 50 stitches to close. Six and Petary abducted Kathy Allen and then made their escape.

The following evening six and Petary were arrested in east Texas. With information received during interrogation law officers found Kathy Allen’s body in a ditch near a culvert on a gravel road of U.S. Highway 63 in Schuyler County, Missouri. She wore bib overalls. Her throat had been cut severing her jugular vein and carotid artery causing her to bleed to death. A hair matching that of Andrew Six was found in her underwear.

Legal Chronology

01/27 — Six was arrested for Fifth Degree Theft in Pella, Iowa and fined $ 25.00.

12/30 — Convicted of Misdemeanor Theft Fourth Degree and placed on one year probation and fined $1,295 and ordered to pay court costs, restitution and attorney’s fees. On June 20, 1987 the probation was revoked and he was placed on court supervision until all costs were paid in full.

4/11 – Andrew Six is arrested for the murder of Kathy Allen.

7/29 – Andrew Six is convicted of Murder First Degree in the Schuyler County Circuit Court. The jury cannot agree to as to the sentence. The trial judge assesses the death penalty as the punishment.
9/2 – Six is formally sentenced to death for Murder First Degree.
9/8 – Six appealed his conviction to the Missouri Supreme Court.

3/13 – Six filed a motion for post-conviction relief with the Missouri Supreme Court.
11/28-30 – The Circuit Court of Schuyler County held an evidentiary hearing on Six’s post-conviction relief motion.

3/13 – The Circuit Court of Schuyler County denies Six’s motion for post-conviction relief.

3/5 – The Missouri Supreme Court affirmed Six’s conviction and sentence and the denial of post-conviction relief.
10/7 – The United States Supreme Court declined to review Six’s case.
10/16 – Six filed a federal petition for writ of habeas corpus in the United States District Court for the Eastern District of Missouri.

5/2 – The United States District Court denied Six’s federal habeas corpus petition.

8/27 – The United States Court of appeals for the eighth Circuit affirmed the district court’s decision denying federal habeas corpus relief.

6/2 – The United States Supreme Court declined to review Six’s federal habeas case.
6/13 – The Missouri State Supreme Court set an execution date of August 20, 1997.