Supreme Court Case Number SC82000

Case Facts: John Clayton smith started dating Brandie Kearnes in 1995. At that time, Kearnes lived with her mother, Yvonne Kurz, and her stepfather, Wayne Hoewing, near Canton, Missouri. Around June 1, 1997, Kearnes broke off the relationship with Smith. Kearnes continued to live at the Howewing residence with her daughter, mother and stepfather.

At 11:05 on the evening of July 4, 1997, Smith drove to the Hoewing residence and parked his truck some distance from the house. Smith entered the house through the basement door, took off his shoes, and went upstairs. Once inside, he went to Kearnes’ bedroom, and attacked her with a knife.

Kearnes got away from Smith and ran toward the living room area. As she ran, Smith grabbed the back of her shirt and tried to stab her in the back. Smith scuffled with Kearnes, stabbing and cutting her eight times. As Kearnes lay dying, she wrote, “It was John_.” on the kitchen floor in her own blood. At some point, Kearnes also tried to call her father, and she left a message that said, “Dad, come to the house and get Tatum.”

Smith then went toward Wayne Hoeweing’s bedroom and attacked Hoewing, who had been awakened by the sounds of the struggle. Smith pushed Hoewing onto the bed, got on top of him, and started stabbing him. Smith stabbed and cut Hoewing eleven times, but Hoewing did not die immediately. Kurz, who had also gotten out of bed when she heard the sounds of the struggle, tried to push Smith off of Hoewing, but Smith cut her on the forearm, and she rand into the bathroom. Smith followed Kurz to the bathroom and while he was at the bathroom door, Hoewing was able to pick up a gun that he kept in the house. As he tried to get into the bathroom, Smith saw Hoewing with the gun, and he said, “Shoot me. Go ahead and shoot me.” Hoewing did not fire the gun, however, and eventually, smith left the bedroom, went back downstairs, put on his shoes, and left the house through the basement door.
After Smith left the Hoewing residence, Kurz was able to leave the bathroom and call for help. When medical responders reached the scene, Kearnes was already dead. She had been partially stripped of her clothing during the attack, and she was lying face up on the kitchen floor. Kearnes had been stabbed or cut eight times in the neck, chest, abdomen, arm and thigh. Two stab wounds in her right breast punctured her lung. The first responders treated Hoewing briefly, but while still at the scene, he was pronounced dead. He had been cut and stabbed eleven times in the chest, arms, leg, and hand. He died from loss of blood.
Proposed Last Statement of John Clayton Smith: “First of all I want to tell the whole family of the victims just how truly sorry I am for all the pain and grief I have caused you by my actions. I sincerely have been praying for all of you. I only ask that somewhere down life’s road, you can find it in your hearts to forgive me. I know my death can never bring back your loved ones, but I pray my death may give you some sort of peace. Just as I have asked and received forgiveness from my Lord and Savior, Jesus Christ, for my awful crime, I ask now that you will please do the same and somehow forgive  me. Last but not least, I also pray that all of you will find that perfect peace as I have, in Christ Jesus alone.” — [signed] John Clayton Smith.

Legal Chronology
1997
07/05 – John Smith kills his ex-girlfriend, Brandi Kearnes and her stepfather, Wayne Hoewing.
08/25 – Smith is charged by information with two counts of Murder First Degree in the Circuit Court of Audrain County
1999
05/14 – Smith is found guilty in a jury trial on both counts of Murder First Degree.
05/15 – The jury recommends the death penalty on both counts of Murder First Degree
07/06 – Smith is sentenced to death on both counts of the murder convictions
07/15 – Smith files a notice of appeal.
2000
12/05 – The Missouri Supreme Court affirms Smith’s convictions and sentences of death.
2001
04/12 – Smith files a motion for post-conviction relief in circuit court.
07/25 – Smith asks the circuit court to dismiss his motion for post-conviction relief.
2002
09/18 – The circuit court dismisses Smith’s motion for post-conviction relief.
10/25 – Smith’s attorney files a notice of appeal.
2003
03/18 – The Missouri Supreme Court affirms the dismissal of post-conviction relief.
04/22 – The Missouri Supreme Court denies Smith’s attorney’s motion for rehearing and sets an execution date for May 14, 2003.
05/01 – The Missouri Supreme Court resets petitioner’s execution date for October 29, 2003.
10/23 – The United States Supreme Court denies certiorari review of the dismissal of Smith’s motion for post-conviction relief.

Glennon Paul Sweet was executed on April 22, 1998

On February 8, 1987 at approximately 4:30 p.m. Trooper Russell Harper of the Missouri State Highway Patrol was stationed on Highway 60 near Springfield, Missouri operating a radar device. A red mid-sixties Chevrolet pickup truck passed Trooper Harper at an excessive rate of speed. Trooper Harper activated his red lights and pursued the truck about a mile and a half where the truck pulled off and stopped on a farm road.

Before Trooper Harper could get out of his car, Sweet Leapt from the truck, stepped toward the patrol car and fired several bursts of gunfire. One bullet struck Trooper Harper in the head causing death. Twenty-nine bullet holes or indentations were found in the patrol car.

Sweet drove to the home of Donald Bills where the two began the task of refurbishing the truck by replacing the tires, repainting and further modifying it to disguise the vehicle. Sweet also shaved his moustache to disguise himself.

On February 9, 1987 Highway Patrol Troopers arrived at the Bills residence on a tip that Sweet was staying in an old bus on Bills’ property. In a search of the area an H.K. 93 semiautomatic assault rifle, later determined to be the murder weapon was found in a junked vehicle about 1000 yards from the Bills’ residence. After obtaining a search warrant to further search the house, Troopers found Sweet hiding in the attic.

Witnesses to the slaying identified Sweet as the assailant and gun cartridges found at the scene of the crime were found to have been fired from Sweet’s rifle.

Legal Chronology

1974
02/26 — Glenn Sweet was found guilty of Possession of a Controlled Substance (Marijuana) Under 35 grams in Bolivar, Missouri. He was sentenced to one year in the Polk County Jail.
05/15 — Sweet was fined $50 and court costs for disturbing the peace in Springfield, Missouri.
06/19 — Sweet was fined $25 and court costs for disturbing the peace in Springfield, Missouri.

1975
10/24 — Sweet was sentenced to a three year and a concurrent four year sentence for Shooting into a Dwelling and Felonious Assault without Malice in Springfield, Missouri. The Execution of the sentence was suspended and Sweet was placed on three years probation. He was discharged from probation on October 2, 1978.

1978
11/08 — Sweet was fined $50 and court costs for Affray in Springfield, Missouri.

1979
May — Sweet was fined $57 for Common Assault in Springfield, Missouri.

1981
April — Sweet was fined $ 69.50 for Property Destruction in Springfield, Missouri.

1982
04/01 — Sweet was sentenced to server two, six month consecutive sentences for Peace Disturbance and Stealing in Springfield, Missouri. Sweet was also fined one hundred dollars and court costs.

1983
01/19 — Sweet was sentenced to 30 days in the Greene County Jail and fined $ 500 and court costs for Driving while Intoxicated in Springfield, Missouri. The jail sentence was suspended and Sweet was placed on two years unsupervised probation.

1987
2/9 – Sweet is arrested for the murder of Trooper Russell Harper of the Missouri State Highway Patrol in Springfield, Missouri.
3/12 – Sweet is charged with Murder First Degree in Greene County.
12/7 – Sweet’s trial begins in Clay on a change of venue.
12/12 – Sweet is convicted of Murder First Degree.

1988
1/20 – Sweet is sentenced to death and his conviction and sentence is appealed to the Missouri State Supreme Court.
11/29 – Sweet filed a motion in the Circuit court for post-conviction relief.

1989
9/15 – The Circuit Court denied Sweet’s motion for post-conviction relief.

1990
9/11 – The Missouri State Supreme Court affirmed the conviction, sentence and denial for post-conviction relief.

1991
3/18 – The United States Supreme Court denied discretionary review of Sweet’s state court appeal.
3/20 – Sweet filed a federal petition for writ of habeas corpus in the United States District Court for the Western District of Missouri.

1995
11/22 – The U.S. District Court denied Sweet’s habeas corpus petition.

1997
11/10 – The United States of Court of Appeals for the Eighth Circuit affirmed the District Court’s decision denying federal habeas corpus relief.

1998
3/9 – The United States Supreme Court declined to review Sweet’s habeas case.
3/22 – The Missouri State Supreme Court issued an order and warrant of execution setting Sweet’s execution for April 22, 1998.

Donald Jones was executed at 12:07 a.m., April 27, 2005

Case Facts: On March 6, 1993, Donald Jones went to his grandmother’s house around midnight to get some money to buy crack cocaine. When Jones arrived, the grandmother, Dorothy Knuckles, let him in, and they went to her bedroom on the second floor. While in the bedroom Jones asked the grandmother for money. She refused and started lecturing Jones about his drinking and use of cocaine.

Jones went downstairs to the kitchen, picked up a butcher block that contained knives, hid it behind him and went upstairs. His grandmother started lecturing him again, and Jones hit her several times with the butcher block while she screamed. Jones apparently became afraid that the neighbors might hear her screaming, picked up a knife that had fallen out of the butcher block and stabbed her until she stopped screaming and fell back onto her bed.

Jones took his grandmother’s car keys, money, and VCR, and he drove off in her car. Jones purchased some drugs, sold the VCR and rented out the car to get money to but drugs.

The grandmother’s body was discovered on March 8, 1993, by her son. On March 9, 1993, the police went to Jones’ place of work to question him. Jones was not under arrest at this time, and he agreed to follow the police to the homicide office. After some conversations at the office, Jones became a suspect and was informed of his Miranda rights. Jones then said, “It’s the monster inside of me.” He explained that the monster inside him was the crack cocaine that had caused him to kill his grandmother. He gave an audiotape statement of the above facts on how he killed his grandmother.

Final Statement by Donald Jones

Praise God!
Every day is a day to give the Lord thanks for all He’s done! To my Beautiful Family, Friends, and all those whose been in prayer, in thought and support, I want to say thank you from the bottom of my heart. To my Family, you will never truely know how your love, prayers, and forgiveness has sustained me all these years, to all my friends and supporters, especially my Beautiful Angels at St. Louis University, your courage and conviction is inspiring, keep the sturggle alive. To my mother who truly has been hurt the most, your love and strength I carry with me always. Take care of my son. I”m finally free and I’m going home to grandmother now. I love you all and God Bless.

Donnie

Legal Chronology

1993
03/07 – Donald Jones murders and robs Dorothy Knuckles in St. Louis, Missouri.

1994
06/06 – Jones goes on trial for First Degree Murder and ARmed Criminal Action in the Circuit Court of St. Louis city. On June 16, 1994, Jones is found guilt of both counts and the jury recommends a sentence of death for the murder and Life for the Armed Criminal Action.

07/22 – Trial court sentences Jones to death.

1995
03/01 – Jones files a post-conviction relief motion in the circuit court.

1997
10/22 – Circuit court denies Jones’ post-conviction relief motion.

1998
11/03 – The Missouri Supreme Court affirms Jones’ conviction and sentence. State. v. Jones, 979 S.W. 2d 171 (Mo.banc 1998)

1999
01/19 – The United States Supreme Court denies Jones petition for writ of certiorari. Jones v. Missouri, 525 U.S. 1112 (1999).

2000
01/18 – Jones files petition for writ of habeas corpus in the United States District Court.

2001
10/01 – The United States District Court of Appeals affirms the District Court’s denial of Jones’ petition for writ of habeas corpus.

2004
03/03 – The Eighth Circuit Court of Appeals affirms the District Court’s denial of Jones’ petition for write of habeas corpus. Jones v. Leubbers, 359 F.3d 1005 (8th Cir. 2004)
12/06 – The United States Supreme Court denies Jones’ petition for writ of certiorari. Jones v. Roper, 04-6756.

2005
01/21 – State files motion to set execution date wiht the Missouri Supreme Court.
03/28 – Missouri Supreme kCourt sets Jones’ execution date for April 27, 2005.

Timothy L. Johnston was executed at 12:07 a.m., August 31, 2005

Case Facts: At 2:28 a.m. on June 30, 1989, paramedics arrived at the home of Timothy and Nancy Johnston  in response to a 911 call, seeking assistance for a “severe sick case.” The 911 operator also dispatched  a police officer with the St. Louis Police Department to the residence. The ambulance carrying the  paramedics and the police arrived at the Johnston residence at the same time. A male voice from  inside the house directed these emergency personnel to “hurry up, inside. She is in here. She needs  help.” The officer and paramedics stepped over bloodstains on both the sidewalks and front porch.

Just inside the doorway, they found Timothy Johnston bent over a woman lying on the floor,  her otherwise nude upper body draped with a shirt, her face and torso horribly injured, swollen and  bloody. A six-inch gash ran across her forehead to the socket of her right eye. Someone had yanked  Large patches of hair from her head. She was not breathing. The police had to remove a very  agitated Timothy Johnston before paramedics could assess the woman’s condition.

Paramedics declared Ms. Johnston dead at the scene. An autopsy performed later that morning  revealed extensive, blunt-trauma injuries over much of her upper body; a broken nose; bruised and  torn lips; scrapes to the back of her head and face; separation of a portion of her scalp from the skull; a broken right collarbone; a four-inch tear in her liver; bruising and tearing in the heart and  spleen; fractures in nearly all of her ribs and a variety a relatively “minor”scrapes and bruises over  much of her body. The medical examiner determined the cause of death as the collapse of the
support structure around her heart and lungs, rendering those organs unable to function because  they could not bear the weight of the muscle, tissue and bone pressing on them. Bleeding under the  skin confirmed that the victim had remained alive through most of the beating.

When questioned, Johnston claimed a motorcycle gang that wanted “to get back at him”  had killed his wife, leaving her body for him to discover at their home. Further investigation revealed  three witnesses who identified Johnston as the individual they observed severely beating, kicking, stomping and dragging a woman on the sidewalk and porch earlier in the evening. Johnston eventually  confessed to the murder, saying he and his wife had been at a Local bar when they got into an  argument that continued to when they went home.

Missouri Supreme Court opinion.

1989
06/30 – Timothy Johnston murders Nancy Johnston in St.Louis, Missouri.
07/24 – Johnston is charged by indictment with First Degree Murder and Armed Criminal Action.

1991
05/16 – The jury returns a verdict of guilty of Murder 1st Degree and Armed Criminal Action.
05/18 – The jury returns a death sentence as punishment for First Degree Murder and life imprisonment for Armed Criminal Action.
07/26 – The St.Louis City Circuit Court sentences Johnston to death for the First Degree Murder conviction and Life imprisonment for the Armed Criminal Action conviction.

1992
01/02 – Johnston files a motion for post-conviction relief in the Circuit Court of St.Louis City.

1996
09/30 – The Circuit Court denies post-conviction relief.

1997
11/25 – The Missouri Supreme Court affirms Johnston’s conviction and sentence and the denial of post-conviction relief. State v. Johnston, 957 S.W.2d 734 (Mo.banc 1997)

1998
03/02 – The United States Supreme Court denies certiorari review. Johnston v. Missouri, 522 U.S.5O(1998).
08/14 – Johnston files a petition for writ of habeas corpus in the United States District Court for the Eastern District of Missouri.

2000
11/02 – The District Court denies the petition for writ of habeas corpus. Johnston v. Bowersox, 119 F.Supp. 2d 971 (E.D.Mo.2000).

2002
05/01 – The Court of Appeals affirms the deniaL of habeas relief. Johnston v.Luebbers, 288 F.3d 1048 (8th Cir. 2002).

2003
01/21 – The Supreme Court declines certiorari review. Johnston v. Roper, 537 U.S. 1166 (2003).
05/12 – The State requests the Missouri Supreme Court to set an execution date.

2005
08/01 – The Missouri Supreme Court sets Johnston’s execution date of August 31, 2005.

Vernon Brown was executed at 2:35 a.m., May 18, 2005.

Case Facts: On October 24, 1986, nine-year old Janet Perkins left the Cole Schoot in north St. Louis around 3:00 p.m. and walked toward her home three and a half blocks away. She generally took the same route each day, west on Enright Avenue. Under normal circumstances, the trip took Less than 15 minutes.
        
Vernon Brown, who was then using the name Thomas Tur rier, had picked up his stepsons from Cole School and returned to their home on Enright Avenue in time to see Janet walking past. Brown called to her and ultimately enticed her to enter the house.
        
Browns stepsons saw Janet enter the house. A neighbor’s relative saw Brown on the front porch and Janet walking up the steps to the house, Brown ordered the stepsons to their bedroom and locked the door from the outside. Despite Browns claims that at this point he began suffering PCP-induced blackouts, Brown’s own statements, the testimony of his stepsons, and the physical evidence show that he took Janet to the basement of the house and bound her feet and one hand with a wire coat hanger, forcing her into a crouched position that permitted her head to reach the height of Brown’s genitalia. Brown then strangled Janet to death with a rope.
        
The next day, law enforcement authorities found Janet’a body in two trash bags near a dumpster in an alley behind Brown’s house. Further investigation raised suspicion about Brown. When suspicion turned to probable cause, St. Louis police arrested Brown on October 27, 1986, confronted him with their evidence, including testimony of a neighbor who had seen Janet enter Brown’s house, and asked Brown to tell them where to find Janet’s missing shoe, raincoat and school papers. Brown led police to a different dumpster in which they found a bag containing Janet’s missing property.
        
Brown made a videotaped statement implicating himself as Janet’s killer. In a subsequent statement, Brown also admitted killing Synetta Ford, a woman who had been murdered on March 7, 1985.

Updated from Missouri Department of Corrections documents on May 18, 2005.

Legal Chronology

1986
10/24 – Vernon Brown murders Janet Perkins in St. Louis, Missouri.
11/18 – Brown is charged by indictment with two counts of First Degree Murder, including kthe 1985 murder of Synetta Ford.

1988
10/27 – The jury returns a verdict of guilty of Murder 1st Degree.
10/31 – The jury returns a death sentence.
12/13 – The Circuit Court of St. Louis City sentences Brown to death for the Janet Perkins murder conviction.            

1989
07/06 – Brown files a post-conviction relief motion in the circuit court of St. Louis City.

1994
03/08 – Circuit court denies post-conviction relief motion.

1995
07/20 – The Missouri Supreme Court affirms Brown’s conviction and sentence and the denial of post-conviction relief. State v. Brown, 902 S.W. 2d 278 (Mo.banc 1995).
12/11 – The United State Supreme Court denies certiorari review. Brown v. Missouri, 516 U. S. 1031 (1995).
12/11 – Brown files a petition for writ of habeas corpus in the United State District Court for the Eastern District of Missouri.

2000     
07/05 – The District Court denies the petition for writ of habeas corpus.

2001
02/23 – The Court of Appeals affirms the denial of habeas relief.

2002
02/19 – The U.S. Supreme Court denies discretionary review. Brown v. Luebbers, 5340 U. s. 1135 (2002).
02/25 – The State requests the Missouri Supreme Court to set an execution date.

2005
04/15 – Missouri Supreme Court sets Brown’s execution date of May 18, 2005.

Case Facts: On the evening of January 15, 1994, Stanley Hall and Rance Burton borrowed a car and drove to the South County Shopping Center in St. Louis, Missouri. They were searching for a vehicle to steal. Hall and Burton got out of their car and approached Barbara Jo Wood’s car as she pulled into the parking lot. They forced her at gunpoint to the passenger side and then drove her in her car to the McKinley Bridge.

Wood was forced out of the car, and there was a struggle on the bridge. At some point she was wounded. Witnesses in a passing car saw her bleeding. Burton got back in Wood’s car and drove away. Wood, pleading for her life was still holding on to Hall as he tried to lift her over the bridge railing. He eventually succeeded, and Wood fell ninety feet to the river.

Meanwhile, the two witnesses in the car had notified the Venice, Illinois police department. The police arrived and captured Hall moments after he pushed Wood off the bridge. The icy condition of the river impeded search and rescue attempts.

Both witnesses identified Hall as the man they has seen struggling with Wood. After waiving his Miranda rights, Hall identified Barbara Jo Wood from a picture as the woman he had forced over the guardrail. Seven-and-a-half months later, the lower portion of a torso matching Wood’s physical condition was found in the Mississippi River.

Case Facts: William Jones met Stanley Albert in late 1985. In November of 1985 Mr. Albert purchased a white 1985 Camaro Z28 automobile. After Mr. Albert’s purchase, Jones told a few of his friends that his father was going to help him purchase a new white Camaro. 

On January 16, 1986 at 4:30 p.m. Mr. Albert pulled up in front of Jones’ apartment in the Camaro. Before joining Mr. Albert, Jones borrowed a blanket from his roommate stating that his new car had arrived and he didn’t want to get it dirty when he went to pick up some tires. 

Later that same evening Jones offered his roommate a ride in the Camaro. White riding around Jones crushed a pair of sunglasses remarking that the owner would no longer need them.

The next day Jones purchased a shovel with his roommate’s credit card and returned later in the afternoon. He told his roommate that he was going to take a nap because, “it gets pretty tiring when you drag a dead man through the woods.”

On Sunday, January 19, 1986 Jones picked up a female friend in Topeka, Kansas to drive her to Indianapolis, Indiana in the Camaro. East of Kansas City, the Missouri State Highway Patrol attempted to stop Jones for speeding. Jones outran the police and abandoned the car in Malta Bend, Missouri. The police Located the car with stolen Kansas license plates. Jones was arrested later that day.

Mr. Albert did not report to work on January 17, 1986 and was not seen again. On March 2, 1986 his body was found wrapped in a blanket in a wooded area outside Independence, Missouri. The blanket was identical to the one that Jones had borrowed from his roommate in January. Mr. Albert had been shot five times in the neck and the chest. The Medical Examiner estimated that Mr. Albert had been dead between two weeks and several months. Three of the bullets were determined to have been fired from the same weapon and the other two might have been.

When police searched the home of William Jones they found shells of the same type that had been found at the scene of the crime. Police also found a watch that had belonged to Mr. Albert and his license plates which had been on the Camaro.

Last Statement of William Jones: “I regret what has happened, I do not deserve death for it. God forgive those for what they do not understand what they do. To the family of the victim Stanley Albert, I am sorry for what has happened and that you suffered this great loss, but after 17 years of my incarceration, does this really give you a sense of closure-or simply a sense of vengeance? I pray for you all. To my wife, fathers, mother and nephew Zakary, I will see you soon in the heavens above. My darling Gerti my wife, I love you endlessly my honeybird. Till we meet again, stay strong. Love Billy”

The Missourinet’s Steve Walsh reports following execution of William R. Jones  [:55 mp3] [:60 mp3] [:46 mp3]

Audio 1:40 Missouri Corrections Director Gary Kempker briefing reporters following the execution of Daniel Basile.

Audio 1 min Jim Vaniseghem of St. Louis, brother of murder victim Elizabeth DeCaro, reading a statement from the family.

Friends and family of Daniel Basile speaking to reporters from the Missourinet and the Associated Press following the execution. Participants included:

Dennis Watson, the grandfather of Basile’s nine-year old daughter; Lisa Owsley, Wentzville, longtime friend of Daniel Basile; Julie Ferranto, St.Louis, niece of Basile; Terra Murray, St. Charles, sister of Daniel Basile; Desiree Trousdale, Jackson, sister of Daniel Basile; Captain Jeff Militti, army chaplain who was Basile’s spiritual advisor, whose mother often took care of Basile when he was a child. Militti is at home on emergency leave from South Korea.Also heard briefly is Tina Addison, mother of Basile’s daughter. Audio 15:00

Case Facts: On January 10, 1992 Richard DeCaro had a conversation with James Torregrossa in which he asked if he knew of anyone who could “put a hit on somebody.” DeCaro told Torregrossa that he was not happy in his marriage.

On January 20, 1992 DeCaro purchased a $100,000 insurance policy on his wife, Elizabeth, listing himself as the primary beneficiary. On January 26, 1992 DeCaro struck his wife with their van knocking her through the garage wall into the kitchen. DeCaro received over $30,000 from the insurance company as a result of the incident.

In January 1992 DeCaro asked Craig Wells, manager of a gas station, if he knew anyone who could steal his van. Wells introduced DeCaro to Daniel Basile. When the two met DeCaro offered Basile $15,000 to steal his van and kill Elizabeth. On February 8, 1992 Basile stole the van, drove it to Jackson, Missouri and burned it. He received $200 for the job.

On February 28, 1992 Basile asked his friend, Jeffrey Niehaus for a stolen gun that was not traceable. On March 4, Basile showed his half-brother, Doug Meyer, a .22 caliber semi-automatic pistol with pearl-like grips.

On March 6, 1992 Richard DeCaro took his four children to the Lake of the Ozarks and checked into the Holiday Inn at 2:59 p.m. Between 2:00 p.m. and 2:30 p.m. a witness noticed the DeCaro garage door was closed. Elizabeth DeCaro left work at 2:20 p.m. At 3:00 p.m. a neighbor noticed the garage door was open and the DeCaros’ Chevy Blazer with license plates “RIK-LIZ” was in the garage. The neighbor stopped by and rang the doorbell, but no one answered.

At 4:15 p.m. Basile was seen driving the DeCaros’ Blazer in St. Charles. That evening around 6:30 p.m. Basile called an ex-roomate for a ride stating that “things went down… I did what I had to do.” Basile then called Doug Meyer to see if he had garage space where Basile could work on his car. Basile drove the Blazer to a friend’s house and gave him a “boom box” stereo taken from the DeCaro home. Basile told the friend that he “did this lady.” At 10:30 p.m. Basile drove the Blazer to Meyer’s house.

When Elizabeth DeCaro failed to show up at her sister’s home for dinner and did not answer her telephone, her sister and a mutual friend went to the DeCaro residence. They went through a side door in the garage and found Elizabeth DeCaro lying face down on the kitchen floor.

Police found Mrs. DeCaro with two gunshot wounds in the back of her neck and bruises on her body. When she was shot the gun was in contact with her body and she was either kneeling or lying down. The bullets recovered from her body were .22 caliber. Police found no signs of a forced entry and observed that audio-visual equipment was missing from the home.

On March 7, 1992 Basile called Craig Wells and stated, “It looks like I got set up.” On March 9, Meyer found the DeCaros’ dismantled Blazer in the garage he provided for Basile. Meyer confronted Basile and Basile told him it was “either him or her,” and that he wasn’t going back to prison. On March 11, Meyer contacted the police. Basile was arrested on March 12, 1992 and charged with Murder First Degree.