942 S.W.2d 370 (Mo.banc)

Gary L. Roll was executed on August 30, 2000.

Case Facts: After ingesting alcohol, marijuana, and four to six hits of LSD, Gary Lee Roll, David Rhodes, and John Browne decided to rob a drug dealer. Roll supplied each of them with a gun and a knife and drove the three to the home of an alleged drug dealer. When Roll attempted to force open the front door, a child inside cried out. Rhodes and Browne refused to go inside, so they all returned to Roll’s residence.

Later that night, they decided to rob a different drug dealer, Randy Scheper. At about 4:00 a.m., Roll drove to Scheper’s house with Rhodes and Browne. Roll knocked on the door and Scheper’s mother, Sherry, answered. Displaying a badge, Roll identified himself as a police officer and ordered her to open the door. When she did, Roll and Rhodes entered. Browne, who knew the family, remained outside, fearing he would be recognized. Inside the house, Roll fatally shot Randy in the head and beat Sherry to death with his gun. Toll (either alone or in concert with Rhodes) fatally stabbed Randy’s brother Curtis. Roll, Rhodes, and Browne then left with some marijuana and $215 in cash.

Returning home, Roll cleaned blood and hair from his gun and blood off his knife and clothing. He wrapped the murder weapons and a box of ammunition in a package, which his son buried in the woods behind Roll’s house.

In the weeks after the murders, Browne began to fear for his safety. To protect himself, Brown wore a tape recorder during a conversation with Roll about the murders. On the tape, Roll admitted committing the murders and getting rid of the murder weapons. Roll also said that he killed Schepers because “they knew everybody…and I figured then they know me, because of something that was said in there…” Browne gave the tape to a friend for safekeeping, who in turn gave it to the police.