Missouri Death Row

969 S.W.2d 719 (Mo.banc 1998)

Robert Shafer’s sentence was reversed and he was re-sentenced to Life Without Parole on March 17, 2004.

The case facts below are taken from a transcript of Robert Shafer’s written confession as fit appears in the opinion by the Missouri Supreme Court.

Case Facts: “On April 29, 1990 at about 10:30 a.m. I got fired from my job. I called my friend David Steinmeyer and asked him to come over and get high with me. David and I got stoned from about 11:00 a.m. until 1:30 p.m. with my sister, Francine, and a friend. During this time David and I talked about robbing some homosexuals, and beating them up. (My sister did not have any knowledge of this.) At 1:30 p.m., David and I went behind the apartments to play baseball with some friends. We all got stoned and drank some beer. David and I talked more about robbing somebody while playing softball. At about 4:45 p.m. David left to go to work at 5:00 p.m. I stayed and played softball until about 6:30 p.m. I went home, took a shower and got stoned some more. At about 7:25 p.m. I went up to Hardee’s on North 94 to talk to David again.

I left Hardee’s at 7:45 p.m. and went back home to wait for David to get off work at 8:00 p.m. At 8:15 p.m. David came to my house, we sat and got stoned and talked more about robbing somebody. David changed from his work clothes into some of mine. I went into my sister’s bedroom, got the .22 revolver and got 5 .22 shells from the kitchen. I put the shells in my pocket and the .22 into my waistband.

At about 8:45 p.m. David and I left my house. We walked behind the Marina apartments until we got to North 94. We walked down North 94 until we got to Tecumseh Street. We walked to Tecumseh and Second Street and talked to a St. Charles County Sheriff’s Deputy. The Deputy told us to keep on going. David and I walked to North Main Street, down North Main to the North River Road. (Earlier that day David and I talked about where to look for somebody to rob and decided to look at Blanchette’s landing on North River Road.)

Once on the North River Broad we went to Blanchette’s Landing. We hid in the dark to see how many people were there. We seen 4-5 parked cars. As we approached the eastern part of the landing this is where we saw the guys, Parker and Young. David and I hid in the bathroom and tried to look at Parker and Young. We heard the loud music, saw Parker and Young hugging and drinking beer. (This is when we knew they would be ones we robbed.) David and I walked up to Parker and Young and started talking to them. (It seemed like Young was apprehensive about talking to us.) They asked us what we were doing out so late, and I told them we were going to see some girls in St. Peters. I offered Young $5.00 to drive us to St. Peters. I gave the $5.00 to Parker and he gave it to Young. We sat there and talked for about 5 minutes and drank a beer they gave us.

At about 9:30 p.m. we got into the car to go to St. Peters. I got in the car behind Parker on the passenger side and David got behind Young on the driver side. At this point I gave David the gun, but, kept the 5 .22 shells. Young drove down the North River Road until he got to North Main, he drove until he got to Tecumseh Street. At Fourth Street drove until he got to the hill leading to Fifth Street. He drove all the way down Fifth Street until he got to the on ramp for I-70 West. During the drive from the North River Road we all exchanged conversation. They asked us our names, if we got high and other general conversation. (David and I knew right away Young was gay.) Young did seem real apprehensive about the whole incident, but, hadn’t said much so far.

Once we were on I-70 West I put 3 of the .22 shells in the gun and gave it back to David to hold. (David and I talked among ourselves about what we would do and Parker asked how come we were whispering.) Once we got to the Cave Springs Exit at St. Peters Young exited. I was going to have him drop us off at the Cave Springs Sunoco, but, I thought my brother-in-law Jeff was at work there, so I didn’t. I asked Young to take us farther into St. Peters, which he agreed to. (Young said, “There isn’t anything going on, is there?”) Young drove the car down Cave Springs Road until he got to Mexico Road. At Mexico Road he turned right, going west until the got to Jungerman Road, he turned left, going south. He went down Jungerman Road until he got to a 7-11 on the right hand side and turned left on Oak Tree, going east. He followed Oak Tree until I told him to turn on Peach Street. Parker then said his nephew lived on Peach, so I told Young it was the wrong street. Young drove down Oak Tree until it turned into Cherry Tree. He drove down Cherry Tree until he came to Timberidge. He drove down Timberidge until he got to New Muegge Road. He drove down New Muegge Road until he came to the Hackman and Country Club Road intersection. At Country Club Road, he took a left and went until he came to Berlekamp. At Berlekamp he went to a circular drive and I told him that was the house. The lights were off so I told him it was the right house, but, nobody was home now. (During this whole drive through St. Peters Young kept asking if anything was wrong, he seemed scared.) (David and I whispered a lot because we didn’t know where we were, or if they knew we would rob them.) At this house Young sensed something was wrong and told us to get out and find another ride from there. I asked Young to take us back to I-70 where we would get out and find a ride. At this point Young drove back pretty much the same way we had came as far as I can remember. On the trip back to I-70 we all talked about partying some time at Parker’s house in St. Charles, and David and I decided to take the car when we stopped next time. Back at Cave Springs and I-70 Young got on the south service road, going east. I told him we could be dropped off at another friend’s house on the service road. He drove until he got to Spring Road. At Spring Road Young turned right, going south. Spring Road dead ends and at the dead end Young pulled into a driveway on the right side. I told Young to turn off the headlights and the motor, because my “friend” could be asleep. (I got the gun from David now.) As Parker got out he opened the seat for me to get out. On my way out I punched Parker in the face and stomach and pushed him into a hole. He tried to get up and I kicked him again. David was fighting with Young on the other side of the car, but, Young was on top of David. I dragged Parker over to Young, pointed the gun at Young’s head and told him to stop fighting. I gave the gun to David an told him to shoot if they tried to get away. I got in the driver’s seat, Young behind me, David in the passenger seat and Parker behind him. I told them all we would do is rob them and leave them somewhere unless they tried to get away. (David kept them at gun point while I drove.) I drove back to the south service road and turned left, going west. I took the service road all the way to Mid Rivers Drive. At Mid Rivers Drive I crossed the over-pass to the north service road. I drove down the north service road past the Quick Trip on the right, through old town St. Peters. At the stop sign Young tried to reach for the door handle. Instead of stopping I drove through the stop sign. (From Cave Springs to Mid Rivers Drive Young tried once to choke me from behind.) At the railroad tracks next to the Lone Wolf Park I turned onto Salt River Road. I drove down Salt River Road until I got to Silvers Road on the right side, this is where I planned on robbing Young and Parker because it was dark and away from people. I drove down Silvers Road for a ways and stopped. I turned off the car and headlights next. (Along the way from Cave Springs to Mid Rivers David asked if we would kill or shoot the guys, I said no until Young tried to choke me and get away.)

After I stopped the car I opened the door to let Young out on the passenger side. David and Parker started to fight and Parker ended up in the ditch. As Young got out he punched me in the face, I fought with him until he also ended up in the ditch. David came up to me after Young was in the ditch and we talked for a few seconds. I seen Parker trying to run away so I chased him. As I caught up to him he fell into the ditch again. I was not too far away when I fired 2 shots from the .22 revolver. I know at least one (1) shot hit Parker in the face because I had some blood on my hand. (Right after I shot Parker I ran over to where Young was laying in the ditch. Young begged me not to shoot him, he said he didn’t remember what I looked like, he wouldn’t go to the police. I fired one (1) shot at Young, hitting him in the back I think because he was trying to run away into the field. I took the last 2 shells out of my pocket, put them in the gun and fired one (1) shot. I then walked closer to Young and fired another one (1) shot into his head. Young did not move, but, made noises. (David was back at the car.) I walked over to David and he asked how come I shot them, I told him because they tried to get away.

David and I got back into the car, me driving and we to the 90 degree turn in road and turned around. As we came parallel to Young I stopped the car, walked over to Young and got into his pockets. I don’t recall for sure what exactly was taken, but, I know that a silver Zippo lighter was. At this point Young was alive, but, unconscious and bleeding bad. I drove the car down to Parker and stopped again. David stayed in the car while I left to empty Parker’s pockets. I took some money, close to $100.00 and his Camel cigarettes. Parker was not breathing at all, I assume he was dead.

I got back into the car and drove down Silvers Road until I got to Salt River Road. I took Salt River Road back to Highway C and through old town St. Peters. I got onto the south service road, going east and drove down that all the way to First Capitol Drive and took First Capitol to Fifth Street back into North St. Charles. Once back in North St. Charles David and I talked about where to leave the car. (It was about 10:30 p.m. when we got back to St. Charles.) I drove around North St. Charles, Boschertown looking for a place to leave the car until about 11:00 p.m. I drove to North Main Street to Bales Memorial Park.

Once at Bales Memorial Park I stopped the car. I started to take out the car stereo, the speakers, cassette tapes and other things. David and I threw out trash, ashtray, cigarette lighter that might have our fingerprints on it. I also took off the vinyl steering wheel cover to alleviate fingerprints.

After we took all this stuff I dumped it in the park area. At about 11:15 p.m. we got to the Town and Country IGA on North 94 where I had decided to leave Young’s car. We took the car stereo, speakers, cassette tapes and .22 gun with us. Before I closed the door I kicked the gear shifter to try and remove the plastic casing that had my fingerprints on it. David and I walked through the small field behind Steamboat Lane Apartments where I dropped the plastic from the gear shifter and the vinyl steering wheel cover. David and I walked in the dark behind all of the Marina Apartments until we got to my apartment. I put the stereo, speakers, gun and cassettes under my bedroom window. David and I walked to the front of my apartment and went in, it was 11:19 p.m. My sister Francine, her husband and son were watching VCR tapes. My sister asked how come our shoes were all wet, and what was wrong.

David and I went to my bedroom and took the stereo, speakers, cassettes and gun in through the window. David changed out of my clothes into his work uniform, and I put the clothes in the closet. David and I want onto the porch to talk. I told him not to say anything until we figured out what to do tomorrow. At 11:25 p.m. David went home.

From 11:25 p.m. until about 1:30 a.m., April 30, 1990, I sat and watched t.v. with my sister and her husband. At 1:30 a.m. I went into my bedroom and locked the door. Until about 3:00 a.m. I got stoned and drunk. At 3:00 a.m. I crawled out the window, and took the stereo, speakers and some of the cassette tapes to my sister’s old storage across the street at 755 Marina Drive. I went back home, in through the window. I went into my sister’s room and put the .22 revolver back into the closet so my sister would never know it was gone. The (5) empty shell casings I put in my closet. I had to have my brother-in-law, Jeff, unlock my bedroom door from the outside because I got locked in at about 4:00 a.m. I stayed in the bedroom until about 7:30 a.m., April 30, 1990.

At about 7:30 a.m. I had to babysit my nephew Jacob. I didn’t do much until 12:00 p.m. when I went to the Town and Country IGA to get a few things and had to walk by Young’s car. I noticed it had been moved a few feet from where I left it, but, I kept going. At 3:00 p.m. David got out of school and I went to his house. We talked about the shooting, and he said he talked to somebody at school about it. I got the car keys from David and threw them out behind my apartment, in the woods. (At this point I didn’t know that the bodies had been found.) At about 4:00 p.m. David had to go work for about one (1) hour or so and I went home. At about 5:00 p.m. David called and I told him to watch the news to see if they found the bodies. At 5:05 p.m. or so he called to say the police had found the car at the IGA. I went to David’s house and watched the police photograph Young’s car. I left David’s house, went home, called my mother in Salina, Kansas. I told her I might have shot 2 people, but, not to say anything until I called her back later on.

At about 5:30 p.m. I went to Hardee’s and told my sister I needed the car to go to confession, I was crying and my sister asked why. I told her that I couldn’t tell her yet. David and I went to confession, to my girlfriend Kelly’s and a couple of other places to tell people we were leaving town. At about 7:00 p.m. I went to my brother Michael’s house and told him I had to leave town because I was in trouble. He asked me what and I told him I shot (2) people last night. I kissed my (2) nieces and brother goodbye and went home. (David talked to my brother alone. I don’t know what he said though.)

I packed some clothes, called David and told him to get ready to leave town. We planned on going to Corpus Christi, Texas, to see my son and then turn ourselves in. At David’s house we talked to his mother, Nancy before we left. As we tried to leave my brother, Michael, tried to stop us, I kept on going. As we went down North 94 we passed (2) or (3) police cars. At about 9:00 p.m. David and I were on I-70 West leaving town. I stopped at O’Fallon to get gas. David and I both called our mothers. Our mothers encouraged us to turn ourselves in to police right away. David and I decided to turn ourselves in at St. Charles.

During the ride on I-70 East David and I talked about what to say to police when we were arrested. I made David agree to let me write a statement saying I shot Young and he shot Parker. (This was not the truth, but, David agreed, reluctantly.)

At 9:30 p.m. David and I stopped at the Cave Springs Sunoco to make a few phone calls. I called my sister and told her I would turn myself in at 10:15 p.m. at the St. Charles Police Department, and to be there to ensure my safety.

I drove around St. Charles, went to my girlfriend Kelly’s house, but, she was gone. I called my brother-in-law, Jeff, and told him to get rid of the .22 revolver, he asked why, and he wouldn’t. At 10:10 p.m. I drove to West Clay Street and parked in Sun Valley Lake Apartments. David and I walked across the street to the Police Department and were arrested at 10:14 p.m. by sheriff’s detectives.

David and I were taken to the sheriff’s department for questioning next. I then gave Lt. Simcox and Det. Ifland a ( ) page statement to the murders. (During the kidnapping of Young and Parker on Spring Road, Young apparently lost his eyeglasses. The .22 revolver was taken into evidence by Sgt. Roach, but, later released back to my brother-in-law, Jeff. It could be in the hands of Tracy Baltazor in Salina, Kansas. My sister gave it to him after my arrest, saying she didn’t want it anymore.

The car stereo, speakers and cassettes were still in the storage until a few after my arrest. I later found out that either Chauncey or Gary Regot might have them. Some of the cassettes are now in evidence. They were in my sister’s car at the time of my arrest. The tape case might have Young’s name on it.

I don’t remember for sure, but, one (1) of the shell casings could be in the evidence that police seized from my sister’s car at Sun Valley Lake Apartments. The keys from Young’s car are behind my apartment at 868 Marina Drive, or should be.”

873 S.w. 2d 590 (Mo.banc 1994)

In 2004 a federal judge ruled that White’s legal counsel had been ineffective and overturned the conviction.  In January, this year, the U. S. Supreme Corut upheld the judge’s ruling.

Supreme Court Case Number: SC81479

Audio: Oral argument on appeal to Missouri Supreme Court
Text: Missouri Supreme Court Opinion

Case Facts: Alis Johns began spending time with Thomas Stewart in the spring of 1996. Both men traveled in the same circles and spent considerable time drinking alcohol together. On the night of October 1, 1996, Johns accepted a ride from Stewart’s girlfriend, Deborah Tedder. Stewart, who had been fighting with Tedder earlier in the day, followed in his truck and eventually confronted Johns and Tedder on rural Highway KK in Pulaski County. All three individuals were intoxicated. The confrontation became violent, and two of Tedder’s car windows were shattered. At some point, Johns exited the automobile with a .22 caliber pistol. Johns shot Stewart seven times, killing him.

At 10:00 p.m., Robert and Christina Deardeuff passed by the scene while returning home from a family gathering. They saw Stewart’s gray Chevrolet truck stopped in the northbound lane with a small white car in close proximity. Robert also noticed a man lying face down between the automobile and the truck. As they approached the second vehicle, Robert slowed down to offer his assistance. But Johns admonished them several times, “Everything’s all right — just go on.” After the Deardeuffs left the scene, Johns and Tedder fled in Tedder’s car.

Approximately one hour later, Kristine Brockes came upon Stewart’s truck while returning from her job at Ft. Leonard Wood. She found Stewart’s body lying face down behind the truck and called the police. Paramedics and law enforcement officers arrived shortly thereafter. Though police were unable to find the murder weapon, they did recover seven .22 caliber shell casings, which were resting in close proximity to one another approximately fifteen feet from Stewart’s body. In addition to the shell casings, police found a pile of glass and two spots of blood where Tedder’s car had been parked. The next morning, police found an eighth shell casing that had come to rest within a few feet from where the victim’s body had been.

The police apprehended Tedder the next morning. Tedder indicated that Johns might have been involved in Stewart’s death. While questioning Tedder, the officers noticed two types of damage to Tedder’s car: two shattered windows and a puncture to the left rear quarter that looked like a bullet hole. They also found what appeared to be a splatter of blood on the fender. Local law enforcement began searching for Johns.

Johns had been living on a small farm that was owned by Pearl Rose. When police arrived at the farm, however, Johns was already on the run. The officers searched the premises and recovered several .22 caliber shell casings, which were sent to the Missouri State Highway Patrol Crime Lab and compared to shells found at the scene of Stewart’s death. The lab could not confirm that the shells were used in the same gun. But, the lab did identify certain class characteristics of the casings that were consistent with the shells found at the murder scene.

Johns evaded capture for the next six months. During this time, Johns was implicated in two murders and several robberies. On February 7, 1997, Ron Wilson returned to his home to find Johns standing on the front porch with a shotgun that he had just stolen from inside. After firing once into the ceiling and once at Wilson, Johns fled with Wilson’s car, two guns, a hunting knife, and a watch. On February 26, 1997, Johns forcibly entered the home of Bud and Melinda Veverka and held the couple at gunpoint while he warmed himself by the stove. This robbery proved largely unsuccessful, as Johns was only able to steal two dollars, a wallet, and some juice. Though no one was injured in these robberies, Johns’ next victims were less fortunate.

On February 28, 1997, police found Leonard Voyles lying dead in his Camden County home. He died of a single .22 caliber gunshot wound to the head. An inventory of the home revealed that Voyles’ Ford Ranger truck and his .22 caliber rifle were missing. The subsequent police investigation uncovered a shoe print on the property that identically matched Johns’ right boot. In addition, law enforcement officers recovered Johns’ fingerprints from Voyles’ stolen truck, which was found on March 8, 1997. Three miles away, police also found the dead body of Wilma Bragg on March 9, 1997. The investigation revealed that Bragg’s assailant shot her two times in the back of the head while she lay face down on her bed with her hands tied behind her back. DNA testing of a cigarette butt implicated Johns in the murder and impression analysis confirmed that the rifle stolen from Voyles’ home was subsequently used to kill Bragg. Johns left with Bragg’s 1991 Toyota, which was later recovered with the rifle still inside.

During the following weeks, Johns and his girlfriend, Beverly Guehrer, burglarized four additional homes. At each home, Johns left fingerprints or took property that was later found in his possession.

On April 7, 1997, the crime spree came to an end when officers of the Missouri Water Patrol encountered Johns in a cabin while searching Cole Camp Creek in Benton County. As the officers approached the cabin, Johns threw open the door and emerged with Guehrer held in front of him as a human shield. With one arm around Guehrer’s neck and the other aiming a rifle at her head, Johns said, “I’ve got a hostage. I’ll shoot her.” As Johns made a sudden movement to escape, Officer Eric Gottman shot him in the abdomen and placed him under arrest.

Supreme Court of Missouri, En Banc.,December 21, 1999

The death sentence against Charles Armentrout was set aside by St. Louis City Court in August, 2006. Armentrout was resentenced to Life Without Parole.

Case Facts:  Charles W. Armentrout was released from prison in August of 1994, having served time for several armed robberies. The members of Armentrout’s family, with one exception, would not take him into their homes. The exception was Armentrout’s eighty-one year old grandmother, Inez Notter, who became Armentrout’s victim, After Armentrout moved in with Mrs. Notter, he spent his time with friends getting high on drugs and “scamming” to get money for more drugs. Mrs. Notter was frequently the target of these scams. In most instances, Armentrout requested money for a fictitious friend who supposedly needed help, and Mrs. Notter would write Armentrout a check for that purpose.

In December of 1994, Armentrout began forging Mrs. Notter’s name on her checks to obtain cash. Employees at the bank where Mrs. Notter had her checking account soon became suspicious about these checks, and one of the bank managers notified Mrs. Notter about the problem. After reviewing the account herself, Mrs. Notter became very upset that a large sum of money was missing.

On February 20, 1995, Armentrout attempted to cash another forged check on his grandmother’s account, and bank employees called the police. After the police arrived, they detained Armentrout and determined that he had stolen the check from Mrs. Notter’s checkbook. Mrs. Notter, however, told the police she did not want to prosecute. The next day, Mrs. Notter went to the bank, and the bank manager tried to persuade her to sign a forgery affidavit, which indicated that she would prosecute Armentrout in exchange for the bank reimbursing her missing funds. Although Mrs. Notter continued to be very upset about the missing funds, she still refused to prosecute and explained to the bank manager that she was afraid of Armentrout and that she thought he would kill her if she did not continue to allow him to take money from her account.

On March 18, 1995, at about 11:00 a.m., Armentrout and a friend, Rick Lacy, went to Mrs. Notter’s house needing money for drugs. Acting together, they beat Mrs. Notter to death with a souvenir baseball bat. She died from massive depressed skull fractures caused by being struck some 12 times with the bat. She also suffered a fracture of the lower jaw, and eight fractured ribs on the left side of her body, which appeared to have been caused by someone stomping on her. She had “defensive type wounds” on her left hand and left upper arm. In addition, both bones in her lower right leg were fractured, although this occurred after her death, apparently in connection with the disposal of her body. To dispose of the body, Armentrout tied Mrs. Notter’s ankles together with a yellow cord, and wrapped her body in a blanket and comforter that he secured with a brown extension cord. He then stuffed her body into a trunk in her basement.

At about 6:00 p.m., Bridget Joseph, who was Armentrout’s girlfriend, and Roger Brannon picked up Armentrout at Mrs. Notter’s house. As he came out of the house, he was carrying two large bags of gifts for Ms. Joseph and told her that his grandmother had been doing spring cleaning and wanted her to have some things that were no longer needed. Armentrout also had taken $100 from his grandmother’s dresser, which he used to purchase cocaine.

After spending the night with Ms. Joseph at her grandfather’s house, Armentrout told her he was going back to Mrs. Notter’s house to see if he could get more money. On his return to the house, he cleaned the walls and the ceiling of his grandmother’s bedroom where the killing took place and also cleaned the souvenir baseball bat, and he then threw away any items that had blood on them.

The next day, March 20, 1995, Armentrout made several unsuccessful attempts to cash forged checks on Mrs. Notter’s account. At about 2:30 p.m., a bank employee called the police to report that Armentrout and a friend, Shirley Mendez, had just made a final attempt to cash a forged check at the bank’s drive-through window. The police arrested Ms. Mendez, but Armentrout fled before he, too, could be arrested.

On the morning of March 21, 1995, law enforcement officers found Mrs. Notter’s body in the trunk in her basement. In her bedroom, they found many bloodstains that were consistent with her DNA profile. In Armentrout’s bedroom, the officers found the souvenir baseball bat that had been used in the murder and noticed that blood and hair were embedded in cracks of the baseball bat. The DNA profile of the blood on the bat was consistent with Mrs. Notter’s genetic profile.

At about 11:30 p.m., police officers who were searching for Armentrout arrived at Rick Lacy’s house. As one of the officers approached the front door, Rick Lacy came out of the house and told the officer that Armentrout was inside. The officer then looked through the front window and saw Armentrout get out a chair, run to the back of the house and jump out a window. Several officers chased Armentrout and caught him in the backyard where they arrested him and informed him of his Miranda rights.

Armentrout was transported to the homicide office and was informed again of his Miranda rights. After indicating that he understood his rights and that he was aware of them through his involvement in paralegal studies, he made an oral statement concerning the murder. He was then taken to a television studio at the St. Louis City Police Department where he was informed again of his Miranda fights, signed a Miranda waiver form, and agreed to a videotaped interview.

In the videotaped statement, he related that and he and Rick Lacy discussed how to knock Mrs. Notter unconscious and steal her checkbook and that he suggested that they use his Cardinal World Series souvenir baseball bat as a weapon. Armentrout claimed that Lacy beat the victim with the bat while Armentrout put a chair and a nightstand on her to hold her down. Armentrout then described how he and Shirley Mendez tried to cash one of Mrs. Notter’s checks and how he returned to the crime scene the next day to clean up the house and dispose of the body. He also described the items he stole from Mrs. Notter and his further efforts to cash forged checks.

Supreme Court of Missouri (en banc) February 22, 2000)

Danny R. Wolfe’s conviction was reversed and remanded by the Supreme Court of Missouri in November, 2003. A new trial was held in Camden County in June, 2006.  Today Wolfe  was sentenced to two terms of Life without Parole, plus 50 years on each of two counts of armed criminal action, and life for robbery. 

Case Facts: On February 19, 1997, defendant went to the home of a co-worker in Camdenton, and asked to leave a bag there. Agreeing, the co-worker placed the bag in the laundry room. Another man staying at the house looked in the bag and saw what looked like a gray or white wig. That evening, defendant went to a bar in Lake Ozark. He met Jessica Cox introduced himself as “Danny,” and played a game of pool with her. Afterward, they sat at the bar and talked. Defendant asked Cox if she was “into drags.” She said yes. Defendant asked if she could “get rid of’ some drugs for him. She agreed.

When the bar closed defendant and Cox left in his pick-up. Defendant said that he would give her a ride home and could get her the drugs. The two then stopped by defendant’s room at a motel for about 20 minutes. Defendant said that they should go to Camdenton. He drove them to the coworker’s house, where he retrieved the bag left earlier. They then returned to the motel.

Defendant told Cox that they would have to go to Greenview to “pick up some money,” but could not leave until 4:30 a.m. Cox asked defendant to take her home. Defendant replied that it would be worth her wait. She decided to stay.

Defendant took some silver handcuffs from the bag. Cox asked why he had them. Defendant said not to worry, he wasn’t going to use them on her. The pair watched television and talked for about two hours.

Around 4:30 a.m. on February 20, the two drove into Camdenton. Defendant stopped at a gas station. Handing over $6, he told her to buy a pair of jersey gloves, which she bought. They headed toward Greenview on Highway 7 by the home of Leonard and Lena Walters. After about a quarter mile, defendant pulled into a gravel road, turned the truck around, and parked facing the highway. It was about 5:15 a.m.

Defendant announced that he planned to rob the Walters, whom he described as “loaded.” Defendant had been to the house before and said that the Walters had a car for sale. He had indicated that he would return with his girlfriend. Defendant instructed Cox to test-drive the car with Mr. Walters for about 15 minutes, while he would stay behind, handcuff Mrs. Walters, and rob them. Defendant told Cox to call him “Sam” around the Walters and to use “Jo-Jo” for herself.

Defendant was wearing black, shiny, parachute pants and a camouflage jacket, which he had changed into at the motel. He took out the handcuffs, put on the jersey gloves, and polished the handcuffs. Defendant gave Cox a pair of gloves that were already in the truck.

After waiting in the truck for about two hours, defendant drove back to the Walters’ house and pulled into the driveway. He then knocked on the front door. Mrs. Walters came to the door, wearing what “looked like a nightgown.” Defendant entered the house and came back out with Mr. Walters. They walked to a red Cadillac in front of the house.

Cox joined them at the Cadillac. Mr. Walters invited Cox to test-drive it. Defendant asked Mr. Walters if he was going along. Mr. Walters replied there was no reason to. Cox said she would appreciate it, to tell about the car. Mr. Walters then got in the front passenger seat. As Cox put the car in drive, defendant jumped into the passenger side back seat, saying, “Let’s go, Jo-Jo.”

Cox drove toward Greenview. Mr. Walters and defendant discussed the car. After driving a while, Cox turned around, returning toward the Walters’ house.

Hearing a “loud bang,” Cox swerved and glanced over to see Mr. Walters’ head fall forward with blood coming out of his mouth. Defendant had shot Mr. Walters in the back of the head. Cox then saw defendant pull what looked like a gun away from Mr. Walters’ head.

Defendant directed Cox to keep driving. He patted down Mr. Walters and pulled out his wallet. Opening it, he said, “This guy’s loaded.” Cox looked over and saw a large amount of cash.

As Cox pulled into the driveway, defendant told her to park the car where it had been earlier. Before the car fully stopped, defendant jumped out and walked straight to the house. He told Mrs. Walters that he needed to use the phone because Mr. Walters had had a heart attack.

Once in the house, defendant shot Mrs. Walters in the chest with a shotgun while she crouched in front of him. This wound did not kill her. Defendant then stabbed Mrs. Walters – once on the left side, and four times on the right side – while she begged. “Please God, no, no, no.” The fatal stab was to the heart. Mrs. Walters did not die immediately, remaining conscious for another three minutes.

Cox heard a “loud bang,” “a bunch of ruckus” from the house, and then silence for about ten minutes. Defendant left the house carrying a safe, which he loaded in the back of the truck. As they left, Cox asked if defendant was going to kill her. He replied that she was his partner, so he was not going to kill her.

Defendant pulled off the road, unloaded the safe, opened it with some tools, and rummaged through it, discarding some contents but stuffing others in his pockets. Defendant then climbed into the truck and drove away. Shortly, he turned the truck around, and retrieved his tools.

Defendant then drove to a subdivision, where he had worked as a painter. Defendant said he was going to get rid of the gun. After getting a key from one house, defendant drove to another area and left the truck for about 10 or 15 minutes. When he returned, he was in painter’s clothes. Cox did not see the black, nylon pants he was wearing earlier. Defendant told Cox he had thrown the gun into the lake.

Defendant then stopped by a cigarette store where he was painting later that day. The owner testified that defendant said he had to go get some paint.

After leaving the cigarette store, defendant handed Cox a large amount of cash. He said it was enough to keep her quiet; if she told the police, she would be charged as an accessory to murder; or if she got bail, she would be killed.

Cox asked to be dropped off at the hospital. There, Cox called her fiancé between 8:30 and 9:30, saying she had been kidnapped, the kidnapper had been caught, and it was all over. Cox’s fiancé’s truck was broken, so he told her to call her friends. Two friends testified that they received phone calls from Cox around 9:00, asking them to pick her up.

After dropping Cox off defendant purchased paint from a supply store, at 9:12 a.m. (according to the invoice).

Cox claims she lied about the kidnapping story because her life would be in danger if she told the truth. Cox told the kidnapping story to at least three other people. The story spread and became the “talk of the town.”

Later that week a local bartender called Cox’s fiance. He said that a man resembling Cox’s kidnapper had come in, and someone had recognized him and attacked him. The man attacked was, in fact, defendant. The police were called, and Cox admitted to her fiance that she fabricated the kidnapping story.

Cox then told her fiancé that she had witnessed one, and maybe two, murders and feared for her life. She consulted an attorney. Through negotiations with the prosecuting attorney, Cox received immunity in exchange for her testimony.

Cox detailed to the police what happened to the Walters. She took them to where defendant rummaged (and left) the safe. Investigating the scene, police examined the safe and found loose change (including quarters) and other contents strewn about the area. She showed them defendant’s motel room and truck. She identified the house where they picked up the bag. She confirmed a photograph of defendant. She pointed out the subdivision where defendant changed clothes.

When defendant was arrested, three sets of silver handcuffs were in his room. Defendant waived his Miranda rights. At the beginning of the interview, defendant was calm, showing little emotion. As police related Cox’s details, defendant became nervous and apprehensive.

Police searched the subdivision where defendant changed clothes. In a storage area they discovered a pair of black pants and tennis shoes with the same pattern as shoeprints on the floors of the Walters’ house. From defendant’s truck, they seized a pair of jersey gloves, and a pry bar.

In the dumpster at defendant’s motel, police retrieved a .25 caliber cartridge consistent with a misfire from a .25 caliber gun. Also in the dumpster were a bag with a camouflage jacket and a synthetic “wig or beard,” another bag containing two boxes of .25 caliber rounds, three ring boxes, and various papers with defendant’s name on them.

Mr. Walters was shot with a .25 caliber gun. A spent cartridge was found on Mr. Walters’ back collar and a live round on the back seat of the Cadillac.

The Walters’ bedroom was in shambles, with drawers open, items littering the room, a shotgun on the floor, and a .22 rifle laying across the bed. A live .25 cartridge lay on the kitchen floor, near a six- to eight-inch fillet knife. Footprints in dried dirt also appeared on the kitchen floor. Mrs. Walters’ body was face down in the hallway, with cuts consistent with the fillet knife. She also had a shotgun wound to the chest.

In addition to Cox’s testimony, the State called Paul Hileman who was in the Camden County Jail at the same time as defendant. Hileman testified that defendant bragged to him about the murders, relating several details. At the time of trial Hileman was in prison for first-degree property damage. Hileman had two prior convictions of burglary and stealing, two prior forgery convictions, and two prior interference-with custody convictions. The defense presented two impeachment witnesses against Hileman.

The local bartender also testified that about a week before the murders, defendant offered to sell him a .25 caliber handgun. He then testified that about a week after the murders, defendant “sold” him a bag full of loose quarters.

After deliberating for 12 hours, the jury returned a guilty verdict. It later returned two death sentences, finding five statutory aggravating circumstances as to Mr. Walters and six aggravators as to Mrs. Walters.

982 S.W.2d 675 (Mo.banc 1998)

Donald Hall (DOC ID 990113) was resentenced on May 18, 2007, to Life Without Parole for First Degree Murder in Greene County. Hall had been sentenced to death in 1994, and arrived at Potosi Correctional Center on November 8, 1994.

Case Facts:  Around December 10, 1992, Kimball Morton took Donald Hall to Bill White’s jewelry store in Springfield, Missouri, to have a necklace fixed. While Morton and Hall where in the store, White looked at the necklace and the three men discussed gold coins. Morton and Hall left the store with the necklace. later that day, hall talked to Morton about “going in there and robbing and killing Bill White.” Hall told Morton that it would be “real easy going in there and robbing and killing Bill White, there wasn’t no security, no cameras or nothin’.” Morton told Hall he was not “up to that.”

On December 15, 1992, Hall’s ex-wife Donna Hicks, who was living with Hall, woke up around 10:00a.m. to find Hall and Hall’s car gone. Hall was seen walking towards White’s jewelry store at approximately 10:30 a.m. on that day. Charles Ingram testified that he and Charles Slater were parked near White’s jewelry store around 10:30 a.m. The two men saw Hall walking toward the jewelry store and noticed a white car parked down the street.

Around 11:00 a.m., Hall returned to the apartment and told Hicks that he wanted her to drive him to White’s jewelry store. Hall said that he wanted to have a necklace fixed. Hicks agreed. She dropped Hall off at White’s store and parked about one block away.

Hall returned to the car less than ten minutes after Hicks dropped him off. He was carrying a paper bag and had blood on his hands. Hall said he “just blew the man’s brains out.” When Hicks asked him whether White was dead, Hall responded, “If I took this gun and put it to your head and pulled the trigger and blew your brains out, don’t you think you’d be dead?”

Missouri Supreme Court Case Number: SC82279

Gary Black was reversed and remanded (June, 2007) back to Jasper County for a new trial.

Audio: Oral argument on appeal to Missouri Supreme Court
Text: Missouri Supreme Court Opinion 5/29/07

Case Facts: On the evening of October 2, 1998, Andrew Martin, Mark Wolfe and victim Jason O. Johnson met at a Joplin restaurant. After eating dinner and drinking beer, they decided to go to a downtown nightclub. Martin and the victim got into Martin’s 1996 Ford F-150 pickup, while Wolfe followed in his Camaro. En route, they stopped at a convenience store. Martin and Wolfe remained in their vehicles while the victim entered the store and purchased a 40-ounce bottle of beer and a can of chewing tobacco. While in line, the victim stood behind Tammy S. Lawson. The jury viewed a tape of the victim and Lawson together in line.

Lawson was the girlfriend of defendant Gary W. Black, who was also parked outside the store. When the victim exited the store, Lawson pointed him out to the defendant. (During the penalty phase, Lawson testified that she was upset and told defendant that the victim made “a pass” at her.) The victim and Martin then left the store in the pickup, with Wolfe following in his Camaro. Defendant and Lawson were in defendant’s car, close behind the Camaro.

When Martin stopped at the stoplight at 5th and Joplin, defendant pulled alongside in the right lane. Defendant began to “exchange words” with the victim. Defendant got out of his car, reached through the passenger window of the pickup, and stabbed the victim in the neck, nearly severing his carotid artery and completely severing his jugular vein.

Defendant immediately returned to his car. Victim left the pickup, staggered over to defendant’s car, and threw the bottle of beer at him. It is unclear whether the bottle struck defendant. (It did become clear during penalty phase that leaving the scene, defendant commented, “One nigger down,” and threw the knife out the car window.) Defendant then fled to Oklahoma.

The stab wound — 4.5 to 6 inches deep — bled profusely. Bystanders attempted to slow the bleeding with clothing and towels. Paramedics arrived to find the victim unresponsive, from massive blood loss. Blood drained into the victim’s airway, depriving him of oxygen. The victim died three days later.

Defendant was arrested in Oklahoma on a Missouri warrant. During inventory, police found an empty knife sheath in his car. Based on a statement by Tammy Lawson, an officer found the knife in a grassy area near a cemetery, about 20 blocks from the crime scene.

After deliberating less then two hours, the jury found defendant guilty of first degree murder. The jury later recommended the death penalty, finding two statutory aggravators — prior serious assaultive convictions and depravity of mind. The trial court sentenced the defendant to death.

753 S.W.2d 881 (Mo.banc 1988)

The Missouri Supreme Court overturned Parkus death sentence in April, and Parkus has been re sentenced to Life Without Parole.

Case Facts:  On November 24, 1985, Mark Steffenhagen and Parkus were inmates in the Missouri State Penitentiary (MSP), in housing Unit 2-B, a Special Treatment (protective custody) Unit for prisoners who had been threatened with sexual abuse or had exhibited suicidal tendencies. Steffenhagen returned from supper sometime between 5:30 and 6:00p.m. and was found strangled in his cell about 7:15. Larry Weixelbaum, an inmate walkman on fourwalk, who described the routine followed by inmates returning to their cells from supper, stated that upon leaving the dining hall, they returned to their walks and waited at their cells until the guard simultaneously opened all doors, at which time each entered his cell and the doors were locked.

On the evening of the murder, Weixelbaum was released from his cell after lockdown to perform his duties as walkman and as he moved along the corridor he noticed the bars of Steffanhagen’s cell, number 116, were covered by a blanket but he thought little of it because Steffanhagen often put up a blanket for warmth. At about 7:15, Weixelbaum heard someone calling from Steffanhagan’s cell and he saw a hand “waving him over”. He went to the cell and Parkus, who was there instead of his own cell, shoved the blanket aside and said “man you got to get me out of here”. The light in the cell was then turned on and Steffenhagan was lying on his left side on the bed. Weixelbaum told Parkus to roll him over to see what was wrong. Parkus said “man he ain’t breathing, I think I killed him. You are going to have to get me out of here”. Weixelbaum notified Sergeant Richard Hagendorf . As Hagendorf made his way to fourwalk he released the lock on cell number 116. As Hagendorf approached the cell, Parkus stepped in the hall and said “he didn’t do nothing” and tried to walk away. Parkus was ordered to stay in front of the cell while they examined Steffanhagan. Parkus began to run for the stairs but was caught by Hagendorf and was placed in handcuffs and moved to a secure area.

The autopsy of Steffenhagan revealed scrapes on his nose and chin and a cut on the lip suggesting he had been struck by a blunt object such as a fist. Bruises on the back of his hands, wrist and ankles indicated his arms and legs had been tied and that he had struggled. External contusions to the neck as well as internal damage to the larynx demonstrated the cause of death was manual strangulation.

942 S.W. 2d 313 (Mo.banc 1996)

Brian Kinder died of natural causes at 7:06 a.m., August 8, 2007, at the Potosi Correctional Center.

Case Facts:  On Friday, December 21, 1990, at about 6:30 p.m., Kinder went with Don Williams to the home of Williams’ estranged wife, Cynthia Williams, to pick up two of the Williams’ children for the weekend. The Williams’ third child, Donald Culton, remained at his mother’s home for the evening. Cynthia Williams came home from work and then went out with relatives on that Friday evening. At about 10:00 or 10:30 that same night, Kinder returned to his own home. Earl Smith, who was at the Kinder home, saw Kinder with a pipe that had black tape on one end. Kinder left his home at about 11:00 or 11:30 p.m.

At about 12:00 or 12:30 a.m., Kinder, with pipe in hand, was standing outside of Gibb’s Esquire Bar, which was 40 yards from Cynthia William’s home, and while there he got into an argument with Dwayne Wingo. Wingo left the area at about 1:00 a.m., drove past Cynthia William’s home to a restaurant, and then returned to the bar. During the trip he saw Kinder coming out of Cynthia Williams’ home, and on his return, he saw Kinder back in front of the bar.

At some point after midnight and after Cynthia Williams had returned home, Donald Culton, Cynthia’s son, was awakened by a noise that sounded like a briefcase or shoes dragging on the floor. He also heard “the sound of someone trying to breathe.” The next morning, Donald found his mother’s unclothed body lying on her bed in a pool of blood. He then went to his next-door neighbors’ house and told them his mother was dead, and the police were called.

A pathologist determined that Cynthia Williams died from extensive head injuries caused by multiple blows with a reasonably heavy blunt object, and that her injuries were consistent with being beaten with a pipe.

Death sentence reversed and remanded on August 26, 2008.

Audio: Oral argument on appeal before Missouri Supreme Court
Text: Missouri Supreme Court Opinion: SC85235

Case Facts: In 1998, Appellant was convicted of first-degree murder and forcible rape and was sentenced to life in prison without probation or parole. Appellant was incarcerated at Potosi Correctional Center and was required to share a cell with Shackrein Thomas. At approximately 7:30 p.m. on October 3, 1999, Appellant placed Mr. Thomas in a chokehold and strangled him to death. Just prior to the routine ten p.m. inmate “count,” Appellant summoned the guards to his cell where they discovered Mr. Thomas’ body. Mr. Thomas’ body was found on the cell floor with a bite mark in the middle of his back. His right eye had been nearly dislodged from the eye socket. There were abrasions present to his abdomen and left cheek, and his left eye was swollen. There was also evidence that the two men had engaged in sexual activity at some time prior to the murder. Appellant stated to a department of corrections investigator that his “father” from the “dark side” had instructed him to “send” Mr. Thomas to him.

At trial, Appellant’s defense was that he suffered from a mental disease or defect that excused him from responsibility for killing Mr. Thomas. The jury rejected his insanity defense, found Appellant guilty of first degree murder, and after the sentencing phase of the trial unanimously recommended a sentence of death.