Derrick Walker was sentenced to death by the State of Mississippi for the murder of his next door neighbor. According to court documents Derrick Walker would stab the victim to death before setting the house on fire in order to cover up his crime. Prosecutors believe that Derrick Walker was robbing the house when he was surprised by the victim Charles Richardson. Derrick Walker would be arrested, convicted and sentenced to death.
he U.S. Supreme Court declined to hear an appeal from a Lee County man convicted of killing the former personnel director for the city of Tupelo.
On Monday, the nation’s highest court without comment denied a petition from Derrick D. Walker, who was sentenced to death in Lee County in 2003 for the stabbing death of Charles Richardson. Walker also was convicted of arson.
The Mississippi Supreme Court had upheld the conviction and death sentence in March.
“They affirmed his conviction, which is good,” said Tupelo police Capt. Bart Aguirre. “It’s one step further in our judicial system to see that Mr. Walker pays the ultimate price for his actions.”
Walker’s attorney, Capital Defense Counsel director Andre De Grury, was assisting with a case in Holly Springs on Monday and could not be reached for comment.
Richardson’s body was found by firefighters answering a report of smoke coming from his house July 17, 2001. Authorities said Richardson had been stabbed and slashed repeatedly.
Walker was arrested in Arkansas while driving Richardson’s car.
Richardson, 48, was a member of Lane Chapel CME Church and founder of the Lane Chapel Quartet, which made regularly appearances at community and church events in the Tupelo area. He was personnel director for the city from 1988 to 1999.
Walker and Richardson were neighbors, and Richardson’s half-brother was living with Walker’s mother. Investigators believed that Richardson may have interrupted a burglary when he was attacked.
The murder occurred in Haven Acres, once a high-crime area in southwest Tupelo. Residents had formed a neighborhood association and taken several steps to clean up and improve their community.
They saw the crime rate drop 80 percent, said former association president Mattie Mabry.
“What he did absolutely devastated the community,” she said. “Not that it took away any initiative from us to continue the work we’re doing. … I think it gave us more determined motivation to continue the fight.”
In his state appeal, Walker did not deny he killed Richardson but claimed he never intended to steal his car and without such intent, robbery could not be used to support a conviction of capital murder. The Mississippi court said Walker’s argument failed because he confessed to investigators that he planned to kill Richardson, take his car and go to Chicago.
The court also rejected Walker’s claim that the traffic stop in Forrest City, Ark., was illegal because he was never issued a ticket. Walker said any statements he then gave lawmen should have not have been used against him at trial.
Prosecutors said Walker admitted the car was not his, and he was found to be driving with a suspended license, for which he could be arrested in Arkansas. Prosecutors said Arkansas officers became suspicious when Walker changed his story, saying that he had bought the car from somebody.
The state court said there is no requirement that an officer issue a citation for a traffic violation to have a valid reason to stop or search.
The court said Walker could not claim a constitutional protection from a search “because he has no reasonable expectation of privacy in a car he stole and did not own.”
Alan Walker was sentenced to death by the State of Mississippi for the kidnapping, sexual assault and murder of a woman. According to court documents Alan Walker met the victim Konya Edwards at a nightclub. The woman left with Alan Walker and an accomplice. Alan Walker would sexually assault the woman before drowning her in a lake. Alan Walker would be convicted and sentenced to death.
A man sentenced to death for raping and drowning a 19-year-old Long Beach woman has asked the Mississippi Supreme Court to vacate his sentence or give him a new trial, saying his attorneys were inadequate.
Alan Dale Walker said in court documents his attorneys were inadequate at two stages of his case — during the penalty phase of his trial and in the following post-conviction proceedings.
Walker has lost one post-conviction round before the Mississippi high court. A federal court also rejected his claims in 2012.
Walker said some of his arguments had not been raised in previous motions in the state Supreme Court. Among those arguments are that his post-conviction lawyers did challenge the ineffectiveness of his defense team at his capital murder trial.
Walker, now 47, was convicted of kidnapping, raping and drowning Konya Edwards on Sept. 8, 1990. She met Walker in a nightclub and an accomplice testified Walker forced the woman into sexual acts at Crystal Lake in Harrison County. The accomplice said he and Walker held Edwards under the water until she died.
Walker was sentenced to death in 1991. He was given consecutive sentences of 35 years for rape and 30 years for kidnapping.
The case is among dozens before the Mississippi court in its July-August term. Oral arguments are not scheduled.
In 2003, the state high court denied Walker’s petition to file a post-conviction appeal. The court said Walker had raised no new issues that could persuade a judge to grant him a new trial. The U.S. Supreme Court denied a petition from Walker in 2004.
In 2009, Walker and two other death row inmates lost a challenge to Mississippi’s method of lethal injection. The courts found inmates waited too long to file a lawsuit challenging the combination of drugs the state uses to put inmates to death. The other two inmates have since been executed.
In 2012, U.S. District Judge Keith Starrett denied Walker’s arguments, including one that challenged the performance of his defense attorney. Walker has asked Starrett to reconsider his ruling.
The judge has put the proceedings in his court on hold until the Mississippi Supreme Court handles Walker’s latest appeal.
Justin Underwood was sentenced to death by the State of Mississippi for a kidnapping and murder. According to court documents Justin Underwood would kidnap Virginia Ann Harris who he would bring to a remote location and murder. Justin Underwood would be arrested, convicted and sentenced to death
On February 15, 1994, Lindsay Harris returned home from work to find that his wife Virginia was missing. Her body was found the next day in a wooded area approximately a mile and a half from her home. She had been shot four times. Testimony at trial revealed that Underwood’s vehicle had been seen near the Harris house on the morning of the crime. Underwood’s uncle testified that his .32 caliber handgun had been stolen prior to the murder and that he subsequently had recovered the weapon from Underwood’s car. The State’s firearms expert testified that the bullets removed from Virginia Harris’s body were fired from that weapon. Upon interrogation, Underwood admitted that he had shot Mrs. Harris with the handgun he had stolen from his uncle. He claimed that Mrs. Harris had asked him to kill her because her husband had given her AIDS. The defendant and the State stipulated at trial that Mrs. Harris never had AIDS or HIV. The jury returned a verdict of guilty and determined that Underwood should be put to death.1 He was sentenced accordingly.
Roger Thorson was sentenced to death by the State of Mississippi for the kidnapping, sexual assault and murder of an ex girlfriend. According to court documents Roger Thorson would go to his ex girlfriends place of employment and waited for her to get off work. When the woman walked to her car Roger Thorson asked for a ride. When they reached the destination Roger Thorson would pull a knife and tell her to keep driving. The victim would be sexually assaulted and murdered. Roger Thorson would be arrested, convicted and sentenced to death.
On March 4, 1987, Roger Eric Thorson visited Edgewater Mall in Biloxi in order to talk to his former fiancee, Gloria McKinney. He was worried that his neighbor and girlfriend Patricia Cook might have said some things to Gloria, so he wanted to apologize to her in person. When Thorson arrived at the mall, he learned from his friend, Reggie Brazeal, that McKinney would not get off work from Morrison’s until 4:00 p.m. However, Thorson remained at the mall until McKinney left at 4:45 p.m. When McKinney exited the mall, Thorson approached her car, told her that he had come to apologize and asked her for a ride to the Cedar Lake exit. When they arrived at the exit, Thorson asked McKinney to keep driving towards his house because he still needed to talk to her. At this time, Thorson pulled a knife on McKinney. McKinney continued to drive at knife point until Thorson directed her to a dirt road. Thorson then ordered McKinney to remove all of her clothes and turn with her back facing him. He then placed a .22 revolver pistol on the dashboard which he had recently purchased from his neighbor, Paul Quinn. After McKinney removed her clothes, Thorson removed a piece of rope from his jacket pocket and tied her hands behind her back. He then placed her brassiere in her mouth and tied it around her neck. Thorson then raped Gloria McKinney. After he raped her, Thorson took a towel that he had found in McKinney’s car and wiped down everything that he thought he might have touched because he did not want any of his fingerprints in her car. Thorson asked McKinney if she would tell anyone what had just happened, and she shook her head indicating that she would not. Thorson told her that he did not believe her. He then took the knife and slit her throat. Thorson got out of her car and removed a blue jacket which he had given to Gloria, a plastic power steering fluid bottle and Gloria’s wallet. He removed Gloria’s driver’s license from the wallet because he wanted a picture of her. He threw the bottle and wallet into the woods so it would appear that someone else had hurt Gloria. At this time Gloria was sitting in the car, bleeding from the wound to her neck. She was able to get out of her car and work the brassiere from her mouth. When she screamed for help, Thorson walked back to the car and shot her in the head with the .22 revolver. He then ran home and hung Gloria’s coat in his closet. Thorson walked to Patricia Cook’s trailer, which was directly behind his, and cleaned his hands and the knife with bleach to remove any traces of blood or gunpowder residue. He then went back to his trailer and wrapped the knife, gun, shells and Gloria’s watch in Gloria’s jacket and buried it in a vacant lot near his trailer.
Thorson was arrested for the murder of Gloria McKinney on March 8, 1987. On June 3, 1987, Thorson was indicted in the Second Judicial District of Harrison County for the capital murder and felony kidnapping of Gloria McKinney. Trial commenced on June 3, 2002. [1] During the trial the State called several witnesses to testify during its case-in-chief. Reginald Brazeal first testified that at the time of Gloria McKinney’s death he was the head chef at the Morrison’s located in Edgewater Mall. Brazeal stated that when he left work on March 4, 1987, at approximately 3:30 or 4:00 p.m., Thorson was waiting in the parking lot. Thorson asked Brazeal what time McKinney would be getting off of work, and Brazeal responded that he was not sure. Thorson explained that there were “some things he wanted to get straight with her.”
The State also called Rick Gaston who was employed by the Harrison County Sheriff’s Department. On March 5, 1987, Gaston was a Captain with the Patrol Division and was Shift Supervisor. Gaston first came in contact with Thorson when he was investigating McKinney’s disappearance. Thorson told Gaston that he had not seen McKinney for several months. However, Gaston informed Thorson that he had been seen talking to her at the mall. Thorson explained that he had been there to see the Clydesdale horses and had seen her briefly in the parking lot when she got off of work. Thorson informed [Gaston] that he would be willing to help with the investigation in any way. [Gaston] then drove Thorson to the Central Intelligence Division (CID) where he was introduced to Investigator Jerry Tootle. Once at the CID, Thorson changed his story and told the investigators that McKinney had given him a ride from the mall the previous day. Thorson spent several hours at the CID talking to investigators on the evening of March 5, 1987, before he was returned home. The body of Gloria McKinney was subsequently found on March 7, 1987. After the body was discovered, the investigators visited Thorson’s home again. Thorson voluntarily offered to come to the CID. He was not under arrest at this time.
Robert Burriss, employed by the Biloxi Police Department, testified that as a crime scene technician, he was called to the scene where McKinney’s body and automobile were discovered. Burriss identified several pictures taken at the scene of the crime which portrayed blood found in the victim’s car, the victim with her throat cut and the victim lying in her car. Burriss also identified photographs depicting the victim’s hands bound and the victim’s mouth gagged with her brassiere. Burriss testified that when he processed the victim’s automobile for fingerprints, he was only able to develop streaks which led him to believe the car had been wiped clean.
Next, Richard Giraud, employed by the Harrison County Sheriff’s Department, testified that as an investigator at the time of McKinney’s murder he was present during the interview of Thorson at the CID on the evening of March 5, 1987. Giraud testified that Thorson continuously changed his story regarding talking to and seeing McKinney the previous day. During the next interview on March 7, 1987, Thorson informed the investigators that he and McKinney had driven past the Cedar Lake exit to a dirt road and had engaged in sexual intercourse. Thorson stated that McKinney then dropped him off at home. Thorson remained at CID until he was arrested at approximately 1:30 a.m. March 8, 1987. Giraud testified that he was arrested due to inconsistencies in his statements. On the morning of March 8, 1987, Giraud received information from Patricia Cook that evidence was buried near Thorson’s residence. Giraud testified that the investigators found a gun, a blue jacket, a picture from the victim’s driver’s license and a knife. After finding these items, Giraud testified that he returned to CID and Thorson was brought from the County Jail to Jerry Tootle’s office in the CID for further questioning. Giraud testified that when Thorson was shown the knife, he stated, “Well, I guess you know the rest of the story.” Thorson was then mirandized and he made a video taped confession admitting to the murder of Gloria McKinney.
Dr. Paul McGarry, a forensic pathologist, testified that he performed the autopsy on Gloria McKinney on March 8, 1987. In describing the injuries suffered by McKinney, Dr. McGarry stated that “she had a slash wound across the front of her neck that opened up her voice box, opened a hole in her larynx. She had a bullet wound to the head that went in the right temple, and had sprinkled around it gunpowder on the skin and hair, indicating it was close range.” Dr. McGarry testified that the cause of McKinney’s death was a “gunshot wound to the head at close range.” The wound to the victim’s neck would not have been fatal with proper management. A sexual assault kit was also performed on McKinney due to the extensive injuries to her genitals.
Michael Stroud, an employee of the Harrison County Sheriff’s Department, testified that he executed a waiver to allow the Department to draw a sample of Thorson’s blood. Stroud also testified that a rape kit was performed on the victim. Christopher Larson, employed by ReliaGene Technologies in New Orleans, Louisiana, testified that he performed a DNA analysis on the semen taken from the rape kit and the blood taken from Thorson. From the analysis, Larson was able to determine that “the vaginal swab from Gloria McKinney was consistent with the genetic profile from the blood of Roger Thorson.” At the end of this testimony, the State rested. Thorson then moved for a directed verdict, and the trial court denied the motion.
During the defendant’s case-in-chief, Patricia Cook, Thorson’s former girlfriend, testified that she gave a statement to Giraud on March 9, 1987. Cook testified that she told the investigators that Thorson had buried evidence on some property near his home. Cook also testified that when Thorson arrived at her home on the night of March 4, 1987, he washed his hands with bleach.
Dr. George Tate, a clinical psychologist, testified that after spending ten and one-half hours with Thorson, reviewing police records and mental health reports, and conducting several psychological exams, Thorson was “not so impaired by mental disease or defect to make him incompetent to give a confession.”
Richard Isham testified that he spoke with Thorson on March 7, 1987, at the Harrison County Jail. During the conversation, Isham was wearing a wire and tape recorder. Isham testified that he did not inform Thorson that their conversation was being recorded. Isham testified that when he asked Thorson about the crime, Thorson responded that “there is no circumstantial evidence and he was sticking to his story.”
Thorson also testified during his case-in-chief. Thorson testified that he did go to Edgewater Mall to talk to McKinney. He stated that he only had her drive him to his house in Woolmarket. Thorson testified that during his interview he was threatened and physically abused. He stated that he only made the confession because he feared for the lives of McKinney’s two young daughters. The defense rested. The State finally rested after offering no rebuttal testimony.
On June 7, 2002, the jury returned a verdict of guilty. A sentencing hearing was held, and, on June 8, 2002, the jury returned the verdict of death finding three aggravators:
Clyde Smith was sentenced to death by the State of Mississippi for a robbery murder. According to court documents Clyde Smith and his brother Jerome Smith would enter a convenience store and shoot and kill the owner Johnny Smith. Clyde Smith would be arrested, convicted and sentenced to death. Jerome Smith would be sentenced to life
The factual background in this case was laid out in detail in the opinion in the direct appeal. See Smith v. State, 729 So.2d at 1195-99. This Court, in a 5-3-1 decision, concluded that there was evidence sufficient to support the verdict, and found no reversible error. A review of the facts reveals that on the night of November 7, 1992, at approximately 9:00 p.m., Johnny B. Smith was killed in the liquor store he owned in Sidon, Mississippi. He was shot three times, and two of the wounds were fatal. Taken from the store were a cash register and an extra cash drawer. Also missing was Johnny Smith’s handgun, which was either a .32 or .38 caliber weapon, and the projectiles recovered from his body and from the scene were consistent with those of a .38 caliber weapon. Fingerprints found on the counter were identified as matching those of Smith’s co-defendant, his brother Jerome Smith.
¶ 4. Testimony for the State at trial was given by more than a dozen witnesses, including two men who drove by the liquor store between 9:00 and 10:00 p.m. that night and saw a red and white car parked near the liquor store. Two Leflore County deputies (one being the victim’s brother) testified that they were on patrol that night and, just before receiving a call about the shooting, they saw a red car parked near the liquor store, and two people sitting in the car, who slid down in their seats as the patrol car passed by. The victim’s thirteen-year-old son, Kevin, was at his father’s store just minutes before the robbery and murder, and testified that as he was leaving the store, two black men came by him, going toward the store, and one was wearing the cap recovered by the police outside the store after the murder. At trial, Kevin identified Smith and Jerome as the men he saw that night. Several witnesses placed the victim in his store, still alive shortly before 9:00 p.m. on the night of his murder.
¶ 5. Carolyn Pearce testified that around 2:00 a.m. on the morning after the murder, she was with Smith and Jerome in a red and white car in Indianola, when they bought crack cocaine and Smith, who had many loose bills, talked about buying $300 or $400 more cocaine. Outside the presence of the jury, Pearce stated that both men raped her before putting her out of the car.
¶ 6. A police officer for the town of Isola testified that he was on patrol when he spotted a red and white automobile leaving a service station around 3:00 a.m. He followed the car, noticed that it was weaving, stopped it, and then recognized Smith and Jerome. Because they seemed nervous, he talked with them for a few minutes, and after allowing them to leave, the officer advised the Humphreys County Sheriff’s Department to keep an eye out for the vehicle because the brothers were acting suspicious.
¶ 7. Putting these details together, the officers later saw the vehicle, turned around to follow it, and subsequently chased the brothers into a field after they abandoned the vehicle on the side of the road. When the officers looked into the vehicle, they could see a sawed-off .410 shotgun on the back floorboard, and subsequently found a set of keys later identified as fitting the lock on the liquor store where the robbery and murder had earlier taken place.
¶ 8. Smith and Jerome presented an alibi defense, with testimony not only from their sister, but also from Smith’s girlfriend and the owner of the Isola Lounge. None of them, however, presented evidence to conclusively prove that the Smith brothers could not have been in Sidon at approximately 9:00 p.m. when Johnny Smith was killed. By noon the day following the murder the police had obtained warrants for Smith and Jerome, who were arrested and incarcerated in the Leflore County jail.
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