709 S.W. 2d 857 (Mo. banc 1986)
Roy Michael Roberts was executed on March 10, 1999
Roberts, RoyCase Facts: On July 3, 1983 at approximately 9:45 p.m. Correctional Officer Thomas Jackson, assigned to the Moberly Correctional Center, entered the B wing of Housing Unit 2 in order to remove an unruly inmate named Jimmy Jenkins. Jenkins refused to come out of the area upon Officer Jackson’s order. Officer Jackson went to the control center within the housing unit to obtain backup support.
About 30 inmates gathered in B wing as Officer Jackson and two other officers returned to the wing to escort Jenkins out. As the two officers escorted Jenkins, Officer Jackson was following about ten feet behind. It was at this time that Roy Roberts challenged the rest of the inmates to keep the officers from taking Jenkins from B wing. About 20 to 30 inmates, including Roberts, rushed the officers. The two officers and Jenkins made it safely to the rotunda area of the control center where four or five other officers awaited. Some of the inmates also made it into the rotunda while a group of about ten inmates surrounded Officer Jackson who was still in B wing.
As Officer Jackson attempted to make it out the door and back to the control center, Roberts grabbed him by the head and hair and pinned him against the door casing. Another inmate, Robert Driscoll, stabbed Officer Jackson three times in the chest, twice penetrating his heart. As officers on the other side of the door attempted to pull Officer Jackson to safety Roberts struck the officers, grabbed Officer Jackson and pulled him back into the wing where he was stabbed in the abdomen by inmate Rodney Carr. The officers were then able to pull Officer Jackson into the rotunda of control center area. Officer Jackson died from the stab wounds inflicted by the inmates.
10/16 — Roberts was arrested for Tampering in St. Louis City. He was fined and placed on probation.
12/18 — Roberts was arrested for Stealing Over Fifty Dollars. He was placed on probation, but that period of supervision was later revoked and Roberts was sentenced to 60 days in the St. Louis Medium Security Institution.
09/28 — Roberts was arrested in St. Louis City on the charge of Possession of a Controlled Substance and was sentenced to six months in the St. Louis Medium Security Institution.
08/14 — Roberts was sentenced to 1 2 and 18 years on two charges of Robbery First Degree and two years on a charge of Stealing Over $1 50 by Deceit in the City of St. Louis to run concurrently.
7/3-Correctional Officer Thomas Jackson is killed by inmates at the Moberly Correctional Center in Moberly, Missouri.
1/30-Roberts is charged by information with capital murder in Randolph County.
2/1-After a three day trial in Marion County on a change of venue from Randolph County, a jury finds Roberts guilty of Capital Murder and recommends a sentence of death.
3/15-A motion for a new trial is denied and Roberts is sentenced to death. Roberts files a notice of appeal.
5/7-The Missouri Supreme Court affirms Roberts’ conviction and sentence.
11/3-The United States Supreme Court denies certiorari review.
11/24-Roberts files a motion for post conviction relief in the Circuit Court.
1/13-The Circuit Court denies post conception relief.
1/14-Roberts files a notice of appeal.
7/5-Roberts case is remanded to the Circuit Court for a new evidentiary hearing.
10/21-The Circuit Court denies post conviction relief.
11/1-Roberts files a notice of appeal.
8/1-The Missouri Supreme Court affirms the denial of relief.
3/19-The United States Supreme Court denies review.
3/29-Roberts files a petition for writ of habeas corpus in the United States District Court for the Eastern District of Missouri.
8/3-The District court denies the petition for writ of habeas corpus.
9/27-The District Court denies the Motion to Reconsider.
10/25-Roberts appeals the denial of habeas relief.
3/3-The United States Court of Appeals for the Eighth Circuit affirms the denial of relief.
1/11-The United States Supreme Court declines the review.
2/4-The Missouri Supreme Court sets March 1O, 1999 as Roberts’ execution date.