It’s hard to believe the blog is over a year old now. A big thank you to everyone who has read and commented. I have some new features in the works including a Patreon. The Patreon won’t go live until there is enough content ready for it to be worth something. I would like to help defray the costs of the blog, but I feel I should have more to offer before I do. This blog, however, will always remain free.
As time passes, some of the cases need updates, because these stories are never really done.
The very first case I covered was Ripples in a Pond about the White Rock Lake machete murder. October 12, 2015, Thomas Johnson brutally murdered runner Dave Stevens. Due to his schizophrenia, Johnson was found incompetent to stand trial. Incompetence is different than insanity. Competency relates to the current ability of an accused to understand the charges against him and assist in his own defense. Because his mental illness had its hooks in so deep, Johnson didn’t regain competency for some time, but he was finally declared competent in 2018. He went to trial this March, entering a plea of not guilty by reason of insanity.
Insanity relates to the mental status of a defendant at the time he committed the offense. Texas Code of Criminal Procedure Chapter 46C and Penal Code Chapter 8 cover Insanity as a defense. To use this special plea, the defendant must admit having committed the offense, but must prove by a preponderance of the evidence that at the time of the crime, as a result of severe mental disease or defect, the accused did not know that his conduct was wrong.
It was undisputed that Johnson committed the crime and that he suffered from a severe mental disease–but did he know that his conduct was wrong? The prosecution offered evidence that Johnson immediately went to call 911 and told them he had committed capital murder. The defense did not call any witnesses. They were hampered by Johnson’s decision on to testify and his own decision during trial that he would not agree that he was insane. It only took the jury a half hour to convict him. He was sentenced to life.
With tears in his eyes, Johnson’s own father told WFAA, Channel 8 news that it was the best result. His son had resisted all attempts to help him and refused his medication when allowed to be free. The only choice, for his safety and everyone else’s, was to “keep him away from other people.”
When I covered the Stephen Barbee case, he had just exhausted his appeals after receiving a death sentence for murdering his pregnant ex-girlfriend and her son who was only seven. For more details, see Bad Decisions. Barbee now has a date with the execution chamber, October 2, 2019. The only thing which would change that is a stay of execution which is not likely. His conviction was after the advent of the modern DNA era. Everything was thoroughly tested, he confessed, and he led police to the bodies. There have not been any suggestions he suffers from a mental defect of disease. I do not expect to see a stay of execution.
Buried Alive remains one of the most heart-breaking stories I have covered. I remember when it happened. I was a young prosecutor and the brutality of Lisa Rene’s murder shocked me. It still shocks me. Three of the men who kidnapped, raped, and kill Lisa made plea deals to testify against the two men who were sentenced to death: Orlando Hall and Bruce Webster. At trial, Webster’s attorney offered evidence that Webster had a terrible childhood filled with abuse and that he was mentally challenged. Webster’s appellate attorneys uncovered new evidence that convinced the 5th U.S. Circuit Court of Appeals to vacate the death sentence and remand the case for a new sentencing. Prosecutors are still deciding how to handle this ruling.
In the future I will update Wrecked, story of the “Affluenza Teen.” At this point, it’s still on-going. His mother, Tonya Couch is scheduled for trial this fall on charges she knowingly hindered his apprehension by taking him to Mexico before he could be arrested for violating his probation. I’m going to wait until after her trial for that update.
I’m going to take a break from the Hunting Grounds series for a couple weeks before returning to it. Instead I’m delving into a case that combines two of my favorite subjects: high school football, and true crime: the robbery spree that saw members of Dallas Carter’s state winning football team go forward not to college greatness, but to prison.