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AUSTIN - Texas Attorney General John Cornyn
offers the following information on Gary Wayne Etheridge, who is
scheduled to be executed after 6 p.m. on Tuesday, Aug. 20, 2002.
On Nov. 8, 1990, Gary Wayne Etheridge was
sentenced to die for the capital murder of Christie Chauviere during
the course of committing or attempting to commit robbery, aggravated
sexual assault, and/or kidnapping in Brazoria County, Texas, on Feb.
2, 1990.
A summary of the evidence presented at trial follows:
FACTS OF THE CRIME
Gail Chauviere was a project manager at a
townhouse-condominium complex in San Luis Pass. Gary Wayne Etheridge
started working at the complex in late January 1990.
On the night of
Feb. 2, 1990, Gail arrived home from work around 5:40 p.m. At the
end of the day, Gail regularly brought home a bag of cash from the
apartment complex. A dark car sat in Gail's driveway.
According to Gail's testimony at trial, Etheridge,
who was already inside the house, ordered Gail to come into the
house with him. Christie, Gail's daughter, was sitting on the arm of
a love seat.
Etheridge asked Gail if she was expecting any visitors,
to which she replied that her father was coming over. He then asked,
"Gail, where is the money? I know you bring it home." She told him
the money was in the bank bag. Etheridge asked, "The money is in
there?" Gail responded, "Yes. Take it; take the money and go. Just
take it. I won't tell anybody. Just please don't harm Christie."
As she said this to Etheridge, she reached for
her daughter, who was moving off the love seat toward her mother.
Etheridge jerked Christie to him by her hair. Christie screamed and
Etheridge told her to shut up and threatened to slit her throat.
He then pulled a knife from behind his back and began stabbing Gail. He
stabbed Gail two or three times on her left side, then he started
striking her head. One blow was so severe that Gail thought she
heard an explosion within her head. She blacked out by the fireplace
in the den.
At trial, Gail had only intermittent memories of
what happened after the explosive stab to her head. She remembered
being stabbed in the back and in the lower abdomen. She remembered
trying to push away from Etheridge and begging him, "No, no. Please
don't do this!" She never heard any other intruders in her house and
never heard Etheridge speak to anyone other than her and Christie.
Etheridge said nothing to indicate that anyone else was there. Gail
did not see Etheridge stab Christie.
After his own car would not start, Etheridge took
Gail's car and fled. He picked up his wife, Theresa, and their baby
daughter, Brittany, and two children that Theresa was babysitting.
They stopped at a bar where the mother of the two children worked
and left them with their mother. At the bar, Etheridge told the
woman that he had killed a man in a knife fight.
Etheridge then drove with Theresa and Brittany to
the home of Charles and Glenda Roenker. Glenda, Theresa's cousin,
remembered Etheridge being covered in blood.
Etheridge told the
Roenkers that he had just stabbed a man and that he thought the man
was dead. Etheridge cleaned up in their bathroom, dressed a cut on
his finger, and left with Theresa and Brittany. About a half-hour
later, they returned, asking the Roenkers to take care of Brittany.
Etheridge and Theresa then left again.
Etheridge later abandoned his wife in Mobile,
Alabama, and, after wrecking Gail's car in Alabama, he hitchhiked
back to Texas.
On Feb. 7, 1990, an off-duty Houston police
officer spotted Etheridge walking along Highway 288 and arrested him.
When the officer asked Etheridge if he knew why he was under arrest,
Etheridge responded, "Yes, I know I'm under arrest for killing that
15-year-old girl. I'm sorry for what I did, and I was going back to
Brazoria County to turn myself in."
The officer took Etheridge to the Brazoria County
Courthouse. A Justice of the Peace read Etheridge his rights and had
him sign a document confirming that he had received the warning.
Though told that he had a right to have a lawyer present during
questioning, Etheridge did not request one. Etheridge then spent
four hours answering questions from officers and drafting a written
statement. Etheridge signed each page of the statement.
The next day, the officers conducted another
interview with Etheridge, which they tape recorded. Etheridge denied
raping Christie and said he could not remember stabbing either woman.
He did say unequivocally, "I killed a girl."
He also said that no
one came with him to the Chauviere's house, that he went there alone,
and that he could prove it because someone across the street saw him
arrive and leave.
After the taped interview, the officers allowed
Etheridge to speak to his father on the telephone. Etheridge knew
the officers were recording the call. He denied raping Christie and
told his father to tell anyone that harassed his family that he
killed Christie, not the family. Etheridge declared that he wanted
to talk to the press so that he could tell them that he killed the
girl.
John Rhyne, a Richwood police officer, first
discovered Christie, nude from the waist down, lying in the entrance
way. Her hands were tied in front of her with a telephone cord, and
she had been gagged with a towel. He saw the remnants of a tear
rolling down her cheek.
He then saw Gail, moaning for help, lying in
an adjacent room. A doctor testified that Gail arrived at the
hospital with multiple penetrating wounds to her neck, face, chest,
upper abdomen, and arms. She had a severe wound to her right eye and
a gaping slash wound to her neck.
Christie suffered four fatal stab wounds and was
dead at the scene. Christie's attacker also stabbed her in the face
between her nose and right eye. She also had several defensive
wounds on her forearms. Christie's attacker did not confine his
assault to Christie's upper body.
The pathologist who performed
Christie's autopsy found no semen in Christie's genitals; however,
he testified that the injuries to her genitals were consistent with
knife wounds.
PROCEDURAL HISTORY
In April 1990, Etheridge was indicted in Brazoria
County, Texas, for the capital offense of murdering Christie
Chauviere in the course of a robbery of Gail Chauviere and in the
course of a robbery, aggravated sexual assault, and kidnaping of
Christie Chauviere.
He entered a plea of not guilty. On Nov. 6,
1990, the jury found Etheridge guilty of capital murder. Following a
separate punishment hearing, the trial court sentenced Etheridge to
death.
Etheridge's conviction and sentence were
automatically appealed to the Texas Court of Criminal Appeals, which
affirmed on June 22, 1994, and denied rehearing on May 10, 1995. The
United States Supreme Court denied Etheridge's petition for writ of
certiorari on Oct. 10, 1995.
Etheridge filed an application for writ of habeas
corpus in state court on April 23, 1997, and an amended writ on June
18, 1997. The trial court conducted a hearing via affidavits and
entered findings of fact and conclusions of law recommending the
denial of relief. The Court of Criminal Appeals denied relief on
April 1, 1998.
Etheridge next filed a petition for federal
habeas corpus on Nov. 13, 1998, in the United States District Court
for the Southern District of Texas, Houston Division. On May 19,
1999, the district court denied relief and denied Etheridge
permission to appeal.
On Feb. 2, 2000, the United States Court of
Appeals for the Fifth Circuit similarly denied permission to appeal,
thereby affirming the district court's denial of relief. Etheridge
then filed a petition for writ of certiorari to the United States
Supreme Court, which was denied on Oct. 16, 2000.
On Nov. 1, 2001, Etheridge filed a subsequent
state habeas writ and a motion for a stay of execution. The Court of
Criminal Appeals granted the stay on Nov. 6, 2001. Subsequently, on
April 17, 2002, the Court of Criminal Appeals dismissed Etheridge's
subsequent state habeas writ and vacated his stay of execution.
Consequently, a new execution date was set for June 27, 2002.
On June 20, 2002, Etheridge filed a writ of
mandamus and another motion for a stay of execution in the Court of
Criminal Appeals. Etheridge argued that the trial judge who set the
June 27, 2002, execution date had no authority to do so.
The Court
of Criminal Appeals agreed and granted Etheridge a stay of execution
on June 24, 2002. A new judge was appointed to Etheridge's case and
the Court of Criminal Appeals lifted the stay. On July 10, 2002, the
newly appointed judge set the current Aug. 20, 2002, execution date.
CRIMINAL HISTORY
At the punishment phase of trial, the State
introduced evidence of several previous offenses committed by
Etheridge.
Kyle Teat, a field supervisor for the Brazoria
County Juvenile Probation Department, discussed the juvenile offense
of unauthorized use of a motor vehicle and burglary of a building
committed by Gary Wayne Etheridge and his subsequent breach of
probation by breaking into a car and committing theft.
He identified
an adjudication order against Etheridge for the juvenile offense, an
order of probation, a petition for hearing to modify disposition or
revoke probation due to Etheridge's violation of probation through
the unauthorized use of a motor vehicle, and a final order modifying
disposition for commitment to the Texas Youth Council.
Bonnie Barker, deputy custodian of the Brazoria
County's Sheriff's Department, testified to adult offenses Etheridge
was convicted of, including driving with a suspended license,
driving while intoxicated, burglary of a building, and aggravated
assault.
Jackie Moff, deputy district clerk and custodian of the
records of the Brazoria County district clerk's office, further
explained the conviction for the aggravated assault which occurred
on Nov. 19, 1984, while Etheridge was in the Texas Department of
Corrections, citing indictments for attempted murder and aggravated
assault (habitual).
While Etheridge was only convicted of aggravated
assault, the victim, Geoffrey Mack, confirmed that Etheridge had
stabbed Mack in prison while he slept and then threatened to kill
him when he awoke. Mack claimed that he and Etheridge had argued
over prison barter.
Charles Wagner, former chief of investigation for
the city of Freeport, testified to Etheridge's bad reputation as a
peaceful and law-abiding citizen in the community of Freeport. Larry
Bullard, Wagner's successor, also testified to Etheridge's bad
reputation as a peaceful and law-abiding citizen in Freeport and to
a sting operation where he caught Etheridge selling cocaine.
Etheridge was never convicted of this charge
Payton Taylor, a refrigerator technician,
testified that he worked as a police informant who bought cocaine in
a sting operation against Etheridge. Etheridge later started a fight
with Taylor in the Brazoria County Jail for betraying him. Taylor
also testified as to Etheridge's bad reputation as a peaceful and
law-abiding citizen. John Devens, a Brazoria county jail captain,
testified to Etheridge's bad reputation in jail as a peaceful and
law-abiding citizen since his incarceration for the instant offense.