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David Lee GOFF

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Drugs
Number of victims: 1
Date of murder: September 1, 1990
Date of arrest: September 1990
Date of birth: January 9, 1969
Victim profile: Michael N. McGuire, 34 (drug abuse counselor)
Method of murder: Shooting
Location: Tarrant County, Texas, USA
Status: Executed by lethal injection in Texas on May 25, 2001
 
 
 
 
 
 


 

Summary:

Accomplice Craig Ford got a ride home from Goff's acquaintance, Michael McGuire. Once inside van, Goff told him to stop so he could urinate.

When he got back in, he pulled gun, forced McGuire into back of van, handcuffed and gagged him, then shot him. Ford drove to a wooded area where body was discarded.

Goff had been paroled in 1989 after serving only 5 of 15 yr sentence for attempted murder.

 
 

Texas Attorney General

Thursday, April 19, 2001

Media Advisory

David Lee Goff Scheduled To Be Executed

AUSTIN - Texas Attorney General John Cornyn offers the following information on David Lee Goff who is scheduled to be executed after 6 p.m. on Wednesday, April 25th.

On Nov. 21, 1991, David Lee Goff was convicted of the Sept. 1, 1990, murder of Michael McGuire, that took place in Ft. Worth.

A summary of the evidence presented at trial follows.

FACTS OF THE CRIME

Goff's accomplice, Craig Ford, testified that in early September 1990, he was waiting in the apartment of Mary Johnson for a ride to his mother's house. Goff, who was 21 years old and lived with Johnson, entered and said a ride had arrived.

Ford went outside where there was a dark blue van and a driver he had never met, Michael McGuire. Goff sat in the front passenger seat, and Ford sat in the rear of the van on an old mattress.

On the way to Ford's mother's house, Goff had McGuire stop under an overpass so that he could use the restroom. When Goff reentered the van, he pulled a small chrome gun and placed it to McGuire's head. Goff grabbed McGuire out of his seat and threw him down on the mattress in the back of the van handcuffing his hands behind his back.

Goff instructed Ford to drive to a dark street. Ford exited the freeway onto Wilbarger. As he turned onto Wilbarger, he heard a single gunshot from the rear of the van. Goff had Ford stop along a wooded section of the road and help him remove the body through the rear of the van.

As Goff dragged McGuire's body into the woods, Ford began to run down the road back towards the freeway. Goff got back into the van and caught up with Ford, ordering him back into the van at gunpoint. They drove to a place near the Johnson apartment where they abandoned the van after Goff attempted to wipe off his fingerprints.

Johnson's daughter, Angela, saw Goff enter the apartment covered in blood. Ford testified that Goff changed at the apartment and gave his clothes to Angela to dispose of them. A friend of the Johnson family testified that Goff tried to get him to burn the van.

A few days after the murder, McGuire's decomposing body was found face down by children playing in the woods.

Chief Medical Examiner, Dr. Nizam Peerwani, testified that in addition to numerous insect bites, McGuire's body showed injuries from a single gunshot wound to the left temple, injuries from being tightly gagged and ligature marks around the neck consistent with the rope found tied to the gag.

Peerwani believed that McGuire was still alive when the rope and gag marks were made. Peerwani determined the cause of death as the gunshot wound and estimated that McGuire was dead within five to 10 minutes of being shot.

PROCEDURAL HISTORY

  • Dec. 13, 1990 - Goff was indicted in Tarrant County for capital murder.

  • Nov. 21, 1991 - The jury found him guilty of capital murder.

  • Nov. 25, 1991 - After a separate hearing on punishment, the jury answered affirmatively the two special punishment phase issues submitted pursuant to the Texas Code of Criminal Procedure. Based on the jury's answers, the trial court sentenced Goff to death by lethal injection.

  • May 22, 1996 - The Court of Criminal Appeals affirmed the conviction on direct appeal.

  • Oct. 16, 1996 - The Court of Criminal Appeals denied Goff's motion for rehearing.

  • April 14, 1997 - The United States Supreme Court denied Goff's petition for writ of certiorari.

  • Dec. 31, 1997 - Goff filed an application for writ of habeas corpus in the 371st District Court of Tarrant County. Based on the findings and conclusions of the district court, and on its own review of the record, the Court of Criminal Appeals denied relief.

  • Sept. 4, 1998 - Goff filed a petition for writ of habeas corpus in the United States District Court for the Northern District of Texas.

  • Jan. 19, 1999 - The district court entered a final judgment denying Goff's petition. Goff appealed to the United States Court of Appeals for the Fifth Circuit.

  • Sept. 8, 2000 - The Court of Appeals denied Goff a certificate of appealability. No petition for writ of certiorari was filed in the United States Supreme Court.

PRIOR CRIMINAL HISTORY

In November 1984, Goff, then a juvenile, was convicted of two counts of attempted capital murder and sentenced to 15 years confinement in the Texas Department of Corrections. The details of these offenses are as follows:

On Aug. 15, 1984, Goff and two other youths got a ride from Vaughn Heeren. When Heeren stopped his car to let them out, Goff pointed a .22 caliber Derringer at him.

The youths stole his wallet containing $160 and drove his truck to an industrial park in Grand Prairie. Goff instructed Heeren to strip and run. Heeren heard a shot as he ran, and thinking that the shot did not sound real, he turned around, ran back towards the truck and was shot in the chest.

The youths swerved at him and then drove off. Heeren obtained treatment for a collapsed lung and survived. At the time of trial, Heeren continued to suffer from nightmares about the attack.

On Aug. 16, 1984, Goff and two other youths violently assaulted Jill Bogan-Tucker in the parking lot of the hotel where she worked.

Goff instructed her at gun point to open her car door and get in and then began cussing at her and slapping her. Tucker fought her way out of the car and ran towards the hotel. Goff shot her in the back as she ran, caught up with her and shot her again under her chin. Tucker managed to run into the hotel while the three assailants fled on foot.

At the time of trial, she continued to suffer from extreme headaches and a weak back, and she took medication for pain.Witnesses at trial testified about these two offenses. Goff admitted he was the trigger man in both offenses.

 
 

David Lee Goff

Txexecutions.org

David Lee Goff, 32, was executed by lethal injection on 25 April in Huntsville, Texas for the murder of a drug abuse counselor.

In September 1990, Michael N. McGuire, 34, was kidnapped from the drug rehabilitation center in Fort Worth where he worked. He was shot after being handcuffed and drugged. His decomposing body was found a few days later by children playing in the woods.

Police arrested Goff, then 21, and Craig Edward Ford, 19. Prosecutors charged both of them with capital murder. After the suspects underwent polygraph tests, prosecutors decided to offer immunity to Ford in exchange for his testimony against Goff.

Craig Ford testified that on the night of the murder, he was waiting for a ride to his mother's house in the apartment shared by David Goff and Mary Johnson.

Goff entered the apartment and told Ford his ride was there. Ford said he and Goff got into a van driven by McGuire, whom he had never met.

On the way to Ford's mother's house, Goff made McGuire stop the van, put a small gun to his head, threw him into the back of the van, and handcuffed him.

Goff instructed Ford to drive to a dark street. Ford said he heard a single gunshot from the rear of the van. He helped Goff remove the body from the rear of the van, than ran back towards the freeway while Goff dragged McGuire's body into the woods.

Goff got back to the van, caught up with Ford, and ordered him back into the van at gunpoint. Ford said they drove back and abandoned the van near the apartment. Goff changed clothes in the apartment and asked Mary Johnson's daughter, Angela, to dispose of them.

Angela Johnson testified seeing Goff enter the apartment, covered in blood. A friend of the Johnson family testified that Goff tried to get him to burn the van.

In 1984, Goff, then 15, was convicted of two counts of attempted capital murder with a deadly weapon and sentenced to 15 years in prison. He served less than five years of this sentence before being paroled in 1989. (At the time, early release was common in Texas due to strict prison population caps imposed by U.S. District Judge William Wayne Justice.)

Goff said that he had nothing to do with McGuire's murder and that he was nowhere near the crime scene. He said that he and Ford knew each other, but were not friends.

On appeal, the Texas Court of Criminal Appeals affirmed Goff's conviction. All of Goff's other state and federal appeals were denied. The U.S. Supreme Court denied two appeals on the afternoon of his execution. At his execution, Goff gave a prayer of praise and thanks to God. After the lethal drugs began flowing, he remarked, "It tastes like rubber." He was pronounced dead at 6:20 p.m.

Craig Ford was convicted of cocaine possession in 1992 and sentenced to ten years in prison. He was paroled in 1996.

 
 

ProDeathPenalty.com

In 1984, David Goff was sentenced to 15 years in prison for two counts of attempted capital murder with a deadly weapon.

He served less than 5 years due to the mandatory release law which awarded him a day and a half of "good time" for every day he served and was paroled in July of 1989.

Just over one year later, on September 1, 1990, he murdered Michael N. McGuire, 34, during an attempted robbery. Michael was kidnapped, handcuffed, drugged and shot to death.

 
 

David Lee Goff

Associated Press

April 25 - TEXAS - A man convicted of killing a drug counselor in 1990 while on parole for the robbery and attempted murder of 2 other people was executed by injection Wednesday.

David Lee Goff, 32, insisted he was innocent of the death of Michael McGuire, 34. "I want to give all the praise to God and glory and thank Him for all that He done for me," Goff said. "With this, let all debts be paid that I owed real or imagined. The slate is wiped clean, all marks erased. Other than that there is no justice. That's not justice." The U.S. Supreme Court denied 2 appeals by Goff's attorneys Wednesday afternoon.

Goff said he wasn't present when McGuire, who worked and lived at the Star House rehabilitation center in Fort Worth, was abducted and fatally shot Sept. 1, 1990. McGuire's decomposing body was found by some children several days later in a wooded area about 6 miles away. Goff was on parole after serving less than 5 years of a 15-year term for two counts of attempted capital murder.

Those crimes occurred on consecutive days in August 1984 when he was 15. Prosecutors had him certified to be tried as an adult. Those victims, who had been shot, survived and testified against him at the punishment phase of his trial for McGuire's murder. "He was a poster child with his criminal history," said Richard Alpert, an assistant district attorney who prosecuted Goff. "He was just a scary individual."

Another man, Craig Ford, was arrested and charged with capital murder in the McGuire slaying but charges were dropped and Ford testified against Goff. Alpert said while Ford was present when McGuire was killed, he did not participate in the slaying.

Goff had complained about what he said was the incompetence of his court-appointed lawyers, who argued unsuccessfully to jurors there was little evidence and no motive to connect their client to the crime.

Goff becomes the 7th condemned inmate to be put to death this year in Texas and the 246th overall since the state resumed capital punishment on December 7, 1982. Goff becomes the 26th condemned inmate to be put to death this year in the USA, and the 709th overall since America resumed executions on January 17, 1977.

 
 

Convicted killer of Tarrant County drug rehab counselor executed

By Michael Graczyk, Associated Press Writer

Texas Reporter News

Thursday, April 26, 2001

HUNTSVILLE, Texas (AP) — Condemned killer David Lee Goff was executed Wednesday evening for an abduction and fatal shooting committed in Fort Worth 11 years ago while he was on parole for robbing and trying to kill two other people.

Goff, 32, insisted he was innocent of the death of Michael McGuire, 34, a counselor from a drug and alcohol abuse rehabilitation center. Goff uttered a brief prayer before the lethal drugs began taking effect. “I want to give all the praise to God and glory and thank him for all that hedone for me,” he said. “With this, let all debts be paid that I owed — real or imagined. The slate is wiped clean, all marks erased. Other than that there is no justice. That's not justice.”

Goff had nodded and smiled as his mother and five friends walked into the death house and watched through a window a few feet away. Just before the drugs began taking effect, Goff asked the chaplain standing nearby to close his eyes if they remained open. “Take them down before they take my body,” he said. Just before a grimace and a groan, Goff said he was tasting something “like rubber.”

Seven minutes later at 6:20 p.m. CDT he was pronounced dead. His eyes were closed but his mouth remained open as the chaplain covered him with a sheet. There were no witnesses for McGuire.

Goff's execution was the seventh this year in Texas, where a record 40 lethal injections were carried out last year. At least seven other inmates have execution dates, including two next month. The U.S. Supreme Court denied two 11th hour appeals by Goff's attorneys Wednesday afternoon.

Goff said he wasn't even present when McGuire, who worked and lived at the Star House rehabilitation center in Fort Worth, was abducted and fatally shot Sept. 1, 1990. McGuire's decomposing body was found by some children several days later in a wooded area about six miles away.

Goff was 21 at the time and on parole after serving less than five years of a 15-year term for two counts of attempted capital murder.

Those crimes, both in Arlington, occurred on consecutive days in August 1984 when he was 15. Prosecutors had him certified to be tried as an adult. Like the McGuire slaying, each of the Arlington victims was shot, one in the chest and the other in the back and then under the chin. Unlike McGuire, they survived and testified against him at the punishment phase of his trial for McGuire's murder.

“He was a poster child with his criminal history,” recalled Richard Alpert, an assistant district attorney who prosecuted Goff. “He was just a scary individual. I remember victims of his prior cases testifying. “There was no need, no reason, why he should have tried to take the lives of the two people... But he did and they were very lucky they lived. That, to me, made him especially vicious.”

McGuire was shot in the left temple. A pathologist testified he had been tightly gagged and had ligature marks around his neck.

A second man, Craig Ford, was arrested and charged with capital murder in the slaying but charges were dropped and Ford testified against Goff. Alpert said while Ford was present when McGuire was killed, he did not participate in the slaying.

In a letter to The Associated Press, Goff complained from death row about what he said was the incompetence of his court-appointed lawyers, who argued unsuccessfully to jurors there was little evidence and no motive to connect their client to the crime. “If I, like many other capital sentenced prisoners, are (sic) to be held accountable for the incompetence and simple indifference of court-appointed counsel, where is the justice in that?” Goff wrote.

Next on the execution schedule is Allen Bridgers, 35, set to die May 16 for the 1997 slaying of a Smith County woman.

 
 

Convicted killer heads to death chamber

Amarillo Globe-News

Wednesday, April 25, 2001

HUNTSVILLE (AP) - With two attempted capital murder convictions on his record, there was little question about Tarrant County prosecutors seeking the death penalty when David Lee Goff went to trial for abducting and killing a counselor from a drug and alcohol abuse rehabilitation center.

"He was a poster child with his criminal history," recalled Richard Alpert, an assistant district attorney who prosecuted Goff. "He was just a scary individual. I remember victims of his prior cases testifying. "There was no need, no reason, why he should have tried to take the lives of the two people... But he did and they were very lucky they lived. That, to me, made him especially vicious."

Goff, 32, was set for lethal injection this evening for the 1990 shooting death of Michael McGuire, 34. His lawyers were seeking federal court relief to halt the execution, which would be the seventh this year in Texas, where last year a record 40 executions were carried out.

 
 

United States Court of Appeals for the Fifth Circuit

No. 01-10511

IN RE: DAVID LEE GOFF, Movant.

April 25, 2001

Motion for an order authorizing the United States District Court for the Northern District of Texas, Fort Worth Division, to consider a successive habeas 28 U.S.C. 2254 application, and Motion for stay of execution.

Before JOLLY, SMITH and PARKER, Circuit Judges.

PER CURIAM:

David Lee Goff, convicted of capital murder by the State of Texas in November 1991, has filed a motion in this court for permission to file a second federal habeas petition and a motion for stay of execution. Goff's initial request for a Certificate of Appealability was denied by this court on September 8, 2000. Goff v. Johnson, No. 99-10305 (5th Cir. Sept. 8, 2000). In his motion for permission to file a successive petition, Goff claims that his initial state habeas counsel was ineffective for failing to raise critical issues as to the ineffectiveness of his trial counsel to investigate alibis. As a result, Goff claims that he was foreclosed from raising the ineffectiveness issue in his first federal habeas petition. Because his state habeas counsel was ineffective, Goff argues that his claim for relief falls within an exception to the ban on successive federal habeas filings outlined in the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244(b)(2).

The factual and procedural history of this case can be found in the Texas Court of Criminal Appeals' decision affirming Goff's conviction and sentence. Goff v. State, 931 S.W.2d 537 (Tex. Cr. App. 1996).

Briefly, the evidence shows that on September 1, 1990, Goff stopped by the home of a friend, Craig Ford, and offered to give Ford a ride to his mother's house. Ford followed Goff out to a blue panel van. The victim was sitting in the driver's seat of the van. Ford sat in the rear of the van and Goff sat in the passenger seat.

The victim drove the van for a few minutes when Goff asked the victim to pull over so he could relieve himself. Goff returned to the van, reentered the passenger seat, and pointed a pistol at the victim. Goff then grabbed the victim, threw him onto a mattress in the back of the van, and handcuffed the victim's hands behind his back. Goff then shoved Ford towards the driver's seat and told him to drive.

Goff told Ford to find a dark street, and Ford drove the van for several miles. At that point, Ford heard a single gunshot in the back of the van. Ford pulled the van over near a secluded wood. After he attempted to help Goff remove the victim's body from the van, Ford fled the scene. Goff disposed of the body and chased after Ford. He caught up with him and pulled out his gun, ordering Ford to return to the van. The two returned to the apartment where both of their girlfriends resided.

Testimony at trial pieced together the ensuing events. A neighbor testified that Goff asked him to burn a van parked nearby and told him not to worry about what was inside the van. The neighbor declined. In addition, the daughter of Goff's girlfriend testified that Goff returned to the apartment that day with blood on his pants and shirt. She also testified that both Goff and Ford paced around the home, looked out the windows, and conversed secretively that evening. She finally contacted police when she heard news reports of the victim's murder several days later.

The victim's body was found three days later. The cause of death was determined to be a single gunshot wound to the head. Goff was thereafter tried and convicted of murder in the course of kidnapping or burglary and sentenced to death. The Texas Court of Criminal Appeals affirmed the sentence in May 1996, and the United States Supreme Court denied Goff's petition for a writ of certiorari. Goff v. Texas, 520 U.S. 1171 (1997).

Goff filed his first state habeas petition in December 1997. That petition was denied in June 1998. In September 1998, Goff filed a petition for federal habeas relief in the United States District Court for the Northern District of Texas. The petition was denied on January 19, 1999, and this court denied Goff's request for a Certificate of Appealability on September 8, 2000.

Goff then filed a second application for post-conviction relief in the Texas Court of Criminal Appeals, arguing that he was appointed incompetent state habeas counsel, which violated his statutory right to competent counsel in Texas and his right to due process under the Fourteenth Amendment. That petition was denied on April 24, 2001.

Goff now seeks authority from this court to file a successive federal habeas petition under 28 U.S.C. 2244(b)(3)(A). Goff is prohibited from filing a second federal habeas petition raising a new claim unless he can show that "the factual predicate for the claim could not have been discovered previously through the exercise of due diligence" and "the facts underlying the claim, if proven and viewed in the light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense." 28 U.S.C. 2244(b)(2)(B).

Goff's claims for relief are without merit. The Supreme Court has explicitly held that there is no protected Sixth Amendment right to counsel in state post-conviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 557 (1987). Goff argues that, despite this fact, if a state chooses to create a statutory system whereby counsel is appointed for state habeas petitioners, the state must appoint competent counsel as determined by the Sixth Amendment and due process.

In Finley, the Supreme Court determined that, because the state has no obligation to provide habeas counsel, the fact that the state chooses to appoint counsel for post-conviction proceedings does not trigger the protections of the Constitution:

Since respondent has no underlying constitutional right to appointed counsel in state postconviction proceedings, she has no constitutional right to insist on the Anders procedures which were designed solely to protect that underlying constitutional right.

Id. The Supreme Court continued to reject Finley's argument that Evitts v. Lucey, 469 U.S. 387 (1985), requires that a state comply with due process requirements once it chooses to provide post-conviction counsel. Indeed, Goff relies primarily on Evitts in his motion before this court. The Finley court distinguished Evitts and concluded that "[w]e think that Evitts provides respondent no comfort." 481 U.S. at 558.

In its concluding paragraph, the Finley court emphasized the force of its holding:

At bottom, the decision below [finding a right to competent counsel in post-conviction proceedings] rests on a premise that we are unwilling to accept--that when a State chooses to offer help to those seeking relief from convictions, the Federal Constitution dictates the exact form such assistance must assume. On the contrary, in this area States have substantial discretion to develop and implement programs to aid prisoners seeking to secure postconviction review. In Pennsylvania, the State has made a valid choice to give prisoners the assistance of counsel without requiring the full panoply of procedural protections that the Constitution requires be given to defendants who are in a fundamentally different position--at trial and on first appeal as of right. In this context, the Constitution does not put the State to the difficult choice between affording no counsel whatsoever or following the strict procedural guidelines enunciated in Anders.

Id. at 559. Incidentally, the Finley holding was reaffirmed and expanded upon in Coleman v. Thompson, 501 U.S. 722, 757 (1991), in which the Supreme Court found that "[b]ecause Coleman had no right to counsel to pursue his appeal in state habeas, any attorney error that led to the default of Coleman's claims in state court cannot constitute cause to excuse the default in federal habeas."

While Finley involved the application of Anders in state post-conviction proceedings, the Fifth Circuit has directly addressed the issue of ineffective assistance. In Irving v. Hargett, 59 F.3d 23 (5th Cir. 1995), this court noted that, absent a showing of cause, a habeas petitioner was bound to assert ineffective assistance claims in his first federal habeas petition. Recalling that a petitioner does not have a constitutional right to counsel in post-conviction habeas proceedings, the panel concluded that "error or misconduct by Irving's counsel cannot establish cause for his failure to appeal the rejection of these claims in his first federal habeas proceedings." Id. at 26.

A year later, in Callins v. Johnson, 89 F.3d 210 (5th Cir. 1996), this court reiterated that the failure of a habeas attorney to raise and preserve an issue cannot constitute cause and thus cannot authorize a successive habeas petition. The court stated:

Counsel's ineffectiveness will constitute cause only if it is an independent constitutional violation, and there is no constitutional right to counsel in habeas proceedings. Thus, no error by habeas counsel can ever constitute cause for abusing the writ.

Id. at 212 (citations omitted).

Goff attempts to undercut the strong precedent on this issue by citing a 1966 Fifth Circuit case in which this court stated that "[h]aving invoked the Texas statutes granting post-conviction hearings, [the petitioner] had the right to be tried according to the substantive and procedural due process requirements of the Fourteenth Amendment." Welch v. Beto, 355 F.2d 1016, 1020 (5th Cir. 1966). While the Welch holding does hint at some form of due process right once a state decides to provide a non-constitutionally obligated service, the Supreme Court has spoken quite explicitly on this subject since Welch and has repeatedly emphasized that ineffective assistance of counsel in a post-conviction proceeding cannot serve as cause to excuse default in a federal habeas proceeding. To that extent, at least, Welch has been overruled and is no longer valid law in this circuit.

As to Goff's underlying claim that his trial counsel was ineffective in not investigating the witnesses that he claims would have put him in a different location at the time of the murder, Goff presents only minimal evidence to suggest that prejudice resulted from this alleged failure to investigate. Indeed, Goff concedes that he has been unable to locate two of the four witnesses that supposedly would provide an alibi, and the two witnesses that are prepared to provide an alibi are Goff's grandmother and sister-in-law. Based on the facts, presented by Goff, underlying his claim of ineffective assistance at trial, and based on the Supreme Court's determination that Goff's claim is not constitutionally cognizable, we cannot say that Goff has established by "clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense." 28 U.S.C. 2244(b)(2)(B)(ii).

In sum, the issues raised in Goff's motion have no merit and lack any support in Supreme Court or Fifth Circuit precedent. Because Goff has failed to show why he is entitled to file a second habeas petition under 28 U.S.C. 2244(b)(2)(B), it is ORDERED that movant's motions for permission to file a successive application for writ of habeas corpus and stay of execution are

DENIED.

 

 

 
 
 
 
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