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Ronald Keith
SPIVEY
- Robbery
Next day
From there, he
proceeded to Columbus, Georgia where he entered
another bar, the Final Approach. While robbing the
two waitresses and one customer inside, Spivey saw
Billy Watson, an off-duty Columbus police officer
working as a security guard at a nearby restaurant,
and Buddy Allen, the restaurant's manager, coming to
investigate. At close range, Spivey shot and killed
Watson. He also shot Allen two or three times.
Spivey took the
waitresses and customer hostage and proceeded to the
parking lot, picking up Watson's gun and shooting
Allen again along the way. Allen, still alive, got
up and went to his restaurant to get help. Spivey
shot several times into the restaurant wounding a
bartender. He then took one of his hostages, Mary
Jane Davidson, with him as he fled by car. The next
morning, police in Alabama arrested Spivey and freed
Davidson.
Ronald Spivey's path to death row began late Dec.
27, 1976, when he killed Charles McCook in a Macon pool hall brawl
over $20.
Spivey then drove to the Final Approach Lounge in
the Peachtree Mall in Columbus. Billy Watson, a Columbus police
officer, was employed as a security guard at Brer Rabbit's, a
restaurant in Peachtree Mall directly across the hall from the Final
Approach Lounge.
Shortly after 2:00 a.m. on December 28, 1976,
Watson noticed that the door to the Final Approach was still open.
He and Brer Rabbit's manager, Welton Emmit "Buddy" Allen, decided to
walk over and investigate, as they knew that the doorway should have
been closed at 2:00 a.m.
They entered the lounge, which was empty, and
proceeded towards the bar, where they heard voices. As they
approached the doorway to the bar, Ronald Spivey shot Watson twice,
in the head and chest, killing him. Spivey then shot Allen two or
three times.
Spivey, who had just robbed two waitresses and a
customer of approximately $400, herded his three hostages out of the
Final Approach, taking Watson's gun as they left. When they reached
the door, Allen groaned. Spivey turned and shot him again. Allen
played dead.
Spivey took his hostages outside the mall to the
parking lot, demanding that someone furnish him a car. Meanwhile,
Allen got up and proceeded to Brer Rabbit's in an effort to get help.
Spivey followed him, and then fired several times through a window
into the restaurant. One bullet struck a bartender in the hip.
Spivey then ordered a hostage, college professor and part-time bar
waitress Mary Jane Davidson, to drive him to Alabama.
Authorities captured him just before daybreak,
two miles south of Wedowee, Ala. They found $360 in cash believed to
have come from the bar along with two guns -- a .38-caliber revolver
and a .357 Smith and Wesson that had Bill Watson's name and badge
number 197 engraved on the butt.
Spivey received a life sentence for the murder of
Charles McCook. Spivey was tried twice for killing Watson. The first
conviction in 1977 was thrown out because he was "compelled to be a
witness against himself in a psychological exam," court records said.
In 1983, a second Muscogee County jury convicted Spivey of murder,
armed robbery and kidnapping.
Medical College of Georgia President Daniel W.
Rahn on Friday backed away from an earlier request to keep MCG
physicians out of the state's execution chamber. Dr. Rahn apologized
for an "overly strong" Jan. 16 letter to Corrections Commissioner
Jim Weatherington objecting to a physician employed by MCG's Georgia
Correctional Health Care being asked to confirm death after
executions. Dr. Rahn said he misunderstood exactly what the MCG
physician was being asked to do in executions, such as the execution
Thursday night of Ronald K. Spivey. "I've had conversations with the
commissioner, and I'm satisfied that at present the role of GCHC
physicians is acceptable," Dr. Rahn said.
But in his Jan. 16 letter, Dr. Rahn wrote: "We
feel we cannot allow our physician staff to participate in this
process in any capacity. I am aware that our (GCHC) physician has
not been asked to administer the intravenous material, but even his
presence in the death chamber could compromise his provider
relationship with the inmate population." "We respect that," said
Scott Stallings, the spokesman for the Georgia Department of
Corrections. The department was prepared to ask a 2nd staff
physician to attend executions to pronounce death, he said. The
state pays about $109 million a year to GCHC and MCG to provide
medical services at about 80 state facilities. Mr. Spivey, 62, died
by lethal injection for the December 1976 murder of off-duty
Columbus Police Officer Billy Watson, 41.
The execution guidelines call for 2 physicians to
be present to pronounce death after a lethal injection is
administered. A 3rd, privately contracted physician is there to
assist prison staff in putting in an intravenous catheter to
administer the drugs and to call for more drugs when needed, Mr.
Stallings said. That contract physician had to cut Augusta native
Jose High's chest the night of Nov. 6 so the tube could be inserted.
Mr. High, 43, was executed for the July 1976 murder of 11-year-old
Bonnie Bulloch in Taliaferro County. Those actions and other direct
assistance are violations of a physician's ethics and of Georgia law,
said Michael Mears, the director of the Multicounty Public Defender
officer. His group is filing a complaint about it with the state
board that licenses physicians. Mr. Mears' office has challenged the
constitutionality of lethal injection in courts in Fulton and
Muscogee counties. "We do know the contract doctors have
participated in the executions," Mr. Mears said. "That's just plain
wrong for a doctor to do that."
Ethical guidelines from the American Medical
Association severely restrict what role a physician can play in a
state execution. According to those guidelines, it is acceptable for
a physician to certify death if someone else has declared the inmate
dead first. Dr. Rahn said he was satisfied the GCHC physician's role
fell within those guidelines.
Jackson -- Georgia executed its fifth man in
three months Thursday, but it was the last time a doctor from the
Medical College of Georgia would participate. Ronald Keith Spivey,
62, was pronounced dead at 7:34 p.m. at the Georgia Diagnostic and
Classification Prison in Jackson. Spivey, a condemned cop killer was
executed a few hours after the MCG president notified the Department
of Corrections that its doctors would no longer participate in
lethal injections. MCG doctors provide most of the medical care to
state prisoners and one of them was used to pronounce inmates dead
at executions.
Daniel Rahn said in a letter to corrections
Commissioner Jim Wetherington that the school believed "it
compromises the physicians' role as a treatment provider in the
institution to also be a participant in the execution process."
He said that conflict existed even though the prison doctors do not
administer any of the three drugs that lead to an inmate's death. "Even
his presence in the death chamber could compromise his provider
relationship with the inmate population," he said.
It took seven minutes to end Spivey's life. He
was sentenced to die for killing off-duty Columbus police Officer
Billy Watson, who had interrupted a robbery at a bar. Spivey
willingly walked to the gurney, where he was strapped down.
He chatted almost constantly with the warden and at one time, asked for
a drink of water. To the witnesses, Spivey apologized. "If I had a
million lives, I couldn't say I'm sorry enough," he said.. . . . And
what happened in that case changed me so much. I'm not the same
person I was 25 years ago." Spivey denounced capital punishment. "In
our society, we hear and say 'what would Jesus do.' You can believe
I don't believe Jesus would do this. . . . It allows no room for
redemption."
He said the death penalty "dragged the victim's family
and my family through living hell. It's incredibly sad that we live
in a society that feels it has to kill people." He also urged his
four friends who had come to "leave this thing without any
bitterness, any hatred, any anger."
Spivey had spent 25 years on Georgia's death row,
where 121 men and one woman remain. For much of the time, he was
isolated from other condemned inmates because he often gave prison
officials information against other prisoners.
Thursday was the
second death date for Spivey. He was scheduled to be electrocuted
last March, but the Georgia Supreme Court called off the execution
so it could review the use of the electric chair here. The court
ruled in October that electrocution violated the constitutional
protection from cruel and usual punishment, prompting the state to
begin using lethal injection.
Ronald Keith Spivey is scheduled to die tonight -
more than 25 years after committing a two-day crime spree that
started with the murder of a Macon man.
Spivey, who received a life
sentence for the Macon murder of Charles McCook Jr., is sentenced to
die for killing off-duty Columbus police officer Billy Watson Sr. If
the 7 p.m. execution occurs, Spivey, 62, will be the fifth inmate
put to death since lethal injection replaced the electric chair last
October as the state's method of execution.
Last year, Spivey came
within hours of being put to death in the electric chair when the
state Supreme Court halted the execution on a 4-3 vote, citing the
possibility the chair constituted cruel and unusual punishment.
Tonight's planned execution comes in the wake of
efforts by death penalty opponents to get the General Assembly to
pass a moratorium on executions. Opponents cite the six Georgia
cases and 93 cases from other states in which a death row inmate has
been exonerated, as well as statistics they say indicate capital
punishment is unfairly meted out based on a defendant's race and
ability to hire an attorney.
Wednesday night, a handful of death
penalty opponents held a candlelight vigil in front of City Hall.
Jay Shippen, vice president of Mercer University's chapter of
Amnesty International, said the group has held vigils for three
other inmates executed since last year and will continue to hold
them as long as executions occur. "I think we're hoping to send a
message that we are sympathetic to the friends and relatives of
Billy Watson, but we're opposing the execution of Ronald Spivey,"
Shippen said. "It's unnecessary to imitate his crime. We feel like
life without parole is real in Georgia, and there's no reason to
kill him." Additional vigils were scheduled tonight outside death
row in Jackson and at six other locations across the state.
Clyde McCook, the younger brother of Charles
McCook Jr., said he feels a death sentence is appropriate. "He
killed my brother," said McCook, who learned about his brother's
1976 murder on the news. "My feeling is he needs to be killed."
Spivey's attorneys did not seek a clemency hearing with the state
pardons and paroles board but instead sought to save his life
through the state and federal court systems. Pending a last-minute
reprieve, Spivey will be allowed to have visitors from 9 a.m. to 3
p.m. today. He then will be given a physical, as well as time to
shower, put on clean clothes and write a final statement. At 4:30
p.m., Spivey will be given his last meal - three cheeseburgers,
chili, french fries, a milk shake and pickles.
Spivey spent much of his life in Macon. It was
Dec. 27, 1976, when then 37-year-old Spivey shot and killed Charles
McCook Jr. in a brawl over $20 at the Brown House Hotel on Broadway.
A few hours later, Spivey was holding up the Final Approach Lounge
in Columbus when Watson, who was working security, interrupted the
robbery. Spivey shot the off-duty officer at point-blank range in
the head and chest. While fleeing the scene, Spivey wounded two
other people and took a waitress hostage. He was captured just
before daybreak in Alabama. Spivey was ultimately convicted of two
counts of murder, two counts of armed robbery, one count of
kidnapping and one count of aggravated assault.
JACKSON - After almost a quarter-century on death
row, Ronald Keith Spivey was executed by lethal injection Thursday
for the murder of an off-duty Columbus police officer.
Spivey, 62,
who got a life sentence for a slaying in Macon that launched his
bloody crime spree in December 1976, was Georgia's fifth execution
by injection. He was pronounced dead at 7:34 p.m. at the state
prison in Jackson, south of Atlanta. "My daddy doesn't have to deal
with this anymore," said Spivey's daughter, Ronnie Morgan.
Spivey was sentenced to death for killing
Columbus police officer Bill Watson on Dec. 28, 1976. Watson,
working as a security guard, interrupted a robbery at a Columbus bar
and was shot twice at close range. Hours before, Spivey had killed
Charles McCook at a Macon hotel bar because McCook refused to pay
Spivey $20 he won in a pool game.
Another man was wounded before
Spivey fled. In his final statement Thursday night, Spivey
apologized to the families of the victims and criticized the death
penalty, saying he had become a different man in prison. "If I had a
million lifetimes, I could never say I'm sorry enough," he said. "I've
tried to be a decent a useful human being these last 25 years."
Retired Macon police Lt. Charles Grant crossed
paths with Spivey about a week before the murders. He said he
believes it was time the execution took place. "I think it's long
past due," he said. "It's hard to believe it's taken this long to
put the cold-blooded killer to death."
Grant said he has never
forgotten a conversation he had with Spivey days before the killings.
Spivey was picked up for causing some kind of disturbance at a local
lounge and was briefly sent to the hospital. Grant was sent to pick
him up and had to use the last notch on his handcuffs to cuff the 6-foot-6-inch
Spivey for the ride back to the jail. "He was sitting in the back (of
the patrol car) and he said, 'I have nothing to live for,'" Grant
said. "That's something I have never forgotten." Grant, who attended
Watson's funeral, said Spivey received a just sentence for his
crimes.
Spivey was to die in the electric chair March 6,
2001. But the state Supreme Court halted the execution with four
hours to go, saying it needed time to review whether the chair was
cruel and unusual punishment. The court threw out the chair in
October, shifting all Georgia executions to injection and clearing
the way again for Spivey to be put to death.
The execution took 10 minutes. Even after guards
removed his microphone, Spivey continued talking, twice saying "I
love you" to witnesses he had selected. He tried to sit up, then
called out, "Deliver me. Deliver me to the love" before resting his
head. "I'm really sad," said Lauren Giles, who was among the dozen
protestors holding candles in a roped-off area for death penalty
opponents. "It's hard for me to believe that he's gone." Giles, 21,
an Emory University student, said she met Spivey while interning for
Amnesty International. Giles said she supported capital punishment
about two years ago, just before she began corresponding with Spivey.
"He was very, very, very remorseful for what he had done," she said.
Spivey's daughter also said she hopes to see the death penalty
abolished. "Hopefully, one day this will get better," Ronnie Morgan
said, noting that her father had faced seven previous execution
dates. Jackson resident Angela Hardy questioned the delay. "For 25
years, he's had to live with this," Hardy said. "If we're going to
do this, why is our justice so long?" At some recent Georgia
executions there also have been pro-death penalty demonstrators
present. But there were none Thursday night.
JACKSON, Ga. - With an IV stuck in each hand and
a peaceful smile on his face, Ronald Keith Spivey was executed
Thursday night, 25 years after a jury first sentenced him to die.
Spivey was pronounced dead at 7:34 p.m. at the Georgia Diagnostic &
Classification Prison. He offered a soft-spoken statement in which
he apologized to those he had harmed and said the death penalty is
not something that Jesus would do. "If I had a million lifetimes, I
could never say I'm sorry enough," he said. "I've tried to be a
decent and useful human being these last 25 years." He said the
death penalty "offers no room for redemption and it drags the
families -- my family and the victims' -- through hell."
The execution took 10 minutes. Even after guards
removed his microphone, Spivey continued talking, twice saying "I
love you" to witnesses he had selected. He tried to sit up, then
called out, "Deliver me. Deliver me to the love" before resting his
head. Spivey, 62, was the fifth Georgia inmate to die by lethal
injection since it replaced the electric chair. He had been on death
row since 1977, sent there by a Muscogee County jury that found him
guilty of the murder of Columbus police officer Billy Watson in
1976.
Watson's widow, Linda Mosely, was on the prison
grounds, wearing red that she had promised her late husband she
would wear at his funeral. She was not allowed to witness the
execution.
The slain officer's three sisters gathered at the home of
Billy Watson Jr. in Cataula awaiting word of Spivey's death. "Hate
is not in my vocabulary," the younger Watson said. "I couldn't hate
forever. I don't hate Spivey and I don't like the process." Spivey's
cousin, Pat Seaborn, of Martinez, Ga., said he told her if he gets
to heaven he hopes he sees the man he killed. "I want to say I'm
sorry," he told her hours before the execution. Spivey walked into
the sparse room shortly before 7 p.m. He chatted constantly with the
warden and climbed onto the gurney when asked. With a phalanx of
Columbus lawmen on the other side of the glass, Spivey said in his
statement that he hopes his life in the last 25 years has been
peaceful and useful.
Only one other inmate has been on Georgia's death
row longer than Spivey, a mountain of a man at 6-foot-7, 360 pounds.
A member of Mensa and a former professional basketball player, he
lived in Columbus as a youngster while his older brother Bill was
beginning his athletic career at Jordan High School. Bill Spivey, a
7-foot center, went on to star on the University of Kentucky's 1951
national championship team before being implicated in a point-shaving
scandal that led to his lifetime ban by the NBA.
Ronald Spivey was twice sentenced to death for
the Dec. 27, 1976, murder of Watson, a Columbus police officer
working security at Peachtree Mall. He was also convicted for the
murder of Charles McCook, shot and killed earlier that same night in
Macon, Ga. Late that night, Watson walked into the Final Approach
Lounge as Spivey was robbing the bar.
Spivey wheeled and shot the
officer and wounded two employees of an adjacent nightclub. Taking
the slain policeman's revolver, he kidnapped a bartender from the
Final Approach and took her with him to Wedowee, Ala., where he was
arrested the following morning. Six months later, a Muscogee County
jury sentenced him to the electric chair for the first time. Six
years later, the U.S. 11th Circuit Court of Appeals ordered a new
trial citing constitutional irregularities. In November of 1982, a
second panel of jurors again found him guilty and again sentenced
him to die.
In an effusive closing argument, prosecutor Bill
Smith paced back and forth in front of the hulking Spivey and wagged
a finger in his direction. He asked jurors to remember the real
Spivey and not the one portrayed in a defense that Smith said "should
have been across the street at the Springer Theater." "He has been
dressed for the part in his new business suit and tie, his new
dental work and his new glasses," said Smith, now a Superior Court
judge. "Are they to shield from you those hard, cruel eyes that
looked at Billy Watson before he killed him... that shed those
crocodile tears when he was asked tough questions? Were those tears
shed for Billy Watson -- who the defense didn't mention -- or are
they shed for Ron?"
Douglas Peters, Spivey's attorney at the time,
told the jury that his client was a diseased man. "Not so much now
but when this happened." He retold stories of Spivey's abused
childhood and pleaded for the jury to consider him "guilty but
mentally ill." Smith countered by saying that such a decision would
be like "compromising with the devil."
That jury deliberated about
four hours before reaching its decision. Judge Rufe McCombs, in her
first capital case, ordered Spivey to die on Dec. 29, 1983. Her
sentence was only another legal plateau in a case that has been in
and out of court since that night in 1976.
(The Associated Press contributed to this report)
Convicted cop killer Ronald Keith Spivey could
have his last meal, his last visit with friends and relatives, his
last day alive today as the state moves to make him the fifth man to
die in Georgia by lethal injection.
His attorneys scrambled to save
him from execution by challenging the qualifications of three of the
five members of the state Board of Pardons and Paroles, an effort
similar to ones that have failed in three of the four previous
executions.
Spivey's lawyers failed to convince U.S. District Judge
Beverly Martin, who turned them down late Wednesday. They said they
will take their appeal to the 11th U.S. Circuit Court of Appeals
today. Spivey is scheduled to die by lethal injection at 7 p.m. for
the 1976 murder of an off-duty Columbus police officer.
Spivey's lawyers wrote in court documents that
his rights to a fair hearing before the clemency panel had been
compromised. They want three members -- Chairman Walter Ray, Bobby
Whitworth and Gene Walker -- removed while investigations are
conducted into the various allegations against them. Walker is named
in a sexual harassment lawsuit, but the court filing focused
primarily on a criminal investigation of Whitworth and Ray.
The state attorney general's office is
investigating whether Ray and Whitworth lobbied on behalf of a
private security firm. They also have been singled out for helping a
state senator indicted two weeks ago for requesting that an inmate
be moved after he received campaign contributions from the
prisoner's family. Spivey's lawyers also say Ray cannot be objective
because he allegedly said the board would never grant clemency in a
death penalty case as long as he is chairman, a claim Ray denied in
court.
His lawyers wrote that Spivey "believes that he will be
denied these basic and minimal due process protections and equal
protection of the law because he will not have an opportunity to
present his case to a fair, neutral and detached decision-making
body, as three of the Board members are tainted by a conflict of
interest."
Spivey, 62, was sentenced to die for killing
police Officer Billy Watson, who had surprised Spivey as he was
holding up a bar in Columbus. Just five hours before he shot Watson,
Spivey murdered Charles McCook in Macon in a brawl over $20.
Spivey's 25 years on death row have not been quiet. Last March,
Spivey drew national attention when he agreed to have his then-scheduled
execution videotaped to be used in efforts to abolish the electric
chair, which the Georgia Supreme Court found to be unconstitutional
in October. Spivey also spent a good bit of time in isolation
because he provided authorities with information against fellow
inmates. He was admitted into Mensa, an organization of people who
test above average on IQ.
A convicted cop killer has been scheduled to be
the fifth man in Georgia to die by lethal injection since the method
was adopted here in late October. Muscogee County Chief Judge
Kenneth Followill signed the warrant Tuesday ordering the execution
of Ronald Keith Spivey, 62, between Jan. 24 and Jan. 31 and the
Department of Corrections set the specific time for Spivey's death
at 7 p.m. Jan. 24. Only five men have been on death row longer than
Spivey, imprisoned and condemned for 24 years.
His path to death row began late Dec. 27, 1976,
when he killed Charles McCook in a Macon pool hall brawl over $20.
Spivey then drove to Columbus and to the Final Approach Lounge at
Peachtree Mall. Spivey fatally shot Bill Watson in the head and
chest after the off-duty police officer came into the bar to
investigate why its door was open beyond the 2 a.m. closing time.
The gun shots drew Welton Emmit Allen, the 21-year-old manager of
the nearby Briar Rabbit restaurant, into the lounge. Spivey shot
Allen five times. Allen survived by playing dead. From the parking
lot, Spivey continued shooting and wounded another person.
Spivey
saw the wounded Allen duck into the Briar Rabbit and fired several
more times through a window, hitting an employee of that restaurant,
who also survived. Spivey then ordered college professor and part-time
bar waitress Mary Jane Davidson to drive him to Alabama. He was
captured two miles south of Wedowee, Ala., just before daybreak.
Spivey had $360 in cash believed to have come from the bar, along
with two guns --- a .38-caliber revolver and a .357 Smith & Wesson
that had Watson's name and badge number 197 engraved on the butt.
Spivey was sentenced to life in prison for
McCook's murder. He was tried twice for killing Watson. The first
conviction in 1977 was thrown out because he was "compelled to be a
witness against himself in a psychological exam," court records said.
In 1983, a second Muscogee jury convicted Spivey of murder, armed
robbery and kidnapping.
March 7, 2001
Summary: The use of the
electric chair in court-mandated criminal executions will be on
trial in Georgia, thanks to a Tuesday ruling from the state's
highest court.
The Georgia Supreme Court granted a stay of execution
to a convicted killer hours before his scheduled execution, saying
it wanted to address whether the use of the electric chair violated
the U.S. Constitution's ban on cruel and unusual punishment.
ATLANTA, Georgia - Georgia's high court wants to
address whether death in the electric chair violates the
Constitutional ban on cruel and unusual punishment. The action came
Tuesday as the court granted a stay of execution to a police
officer's killer just hours before he was scheduled to die in the
electric chair.
"Ronald Keith Spivey has been granted a stay of
execution by the Georgia Supreme Court pending a later decision on
the constitutionality of electrocution as a form of capital
punishment," Georgia's Department of Corrections said in a statement.
Spivey, 61, was scheduled to be electrocuted at 7 p.m. at a state
prison in Jackson, Georgia, about 50 miles south of Atlanta. He was
sentenced to die for the murder of police officer Billy Watson in
Columbus, Georgia, in 1976. Spivey is also serving a life term for
killing Charles McCook of Macon, Georgia.
The reprieve marked the second time in less than
a year that Georgia's Supreme Court has halted a scheduled
execution. Last August the court granted an indefinite stay to a
mentally ill prisoner who had been scheduled to die for the murder
of a teen-age girl. Georgia has not held an execution since 1998.
Death penalty opponents have argued that Spivey's electrocution
should be halted because it violated the U.S. Constitution's
prohibition of cruel and unusual punishment.
Georgia is one of the few states that still
relies on electrocution as its main method of execution. Last year
it abolished the use of the electric chair for capital crimes
committed after May 1, 2000, substituting lethal injections. Use of
the electric chair in the state has been challenged in lower courts
in Georgia and has been declared unconstitutional by two judges in
urban Fulton County. Writing in the high court's majority opinion,
Justice Leah J. Sears noted, "electrocution offends the evolving
standards of decency that characterize a mature, civilized society."
Thomas Dunn, Spivey's lawyer, said it would have
been wrong for the Georgia Supreme Court to allow the execution to
proceed without first considering these cases. In a motion filed
with the court, Dunn said Spivey's execution must be postponed so "this
significant moral, constitutional and legal issue can be resolved
without the distorting effects of an imminent execution." Before the
stay was granted, Spivey had agreed to have his execution videotaped
for use in legal challenges to electrocution.
The Associated Press & Reuters contributed to
this report.
Ronald Spivey is scheduled to be executed in
Georgia's electric chair on, or within seven days of 6 March 2001.
Sentenced to death in 1977 for the murder of Billy Watson, he has
been on death row for over 23 years.
Billy Watson, an off-duty police officer, was
shot during a robbery at a bar in Columbus, Muscogee County, in
1976. Ronald Spivey was also convicted in separate proceedings of
killing another man in a bar in Macon, Bibbs County, a few hours
earlier. The Bibb County conviction was later overturned by a
federal court because it relied on evidence acquired in violation of
Ronald Spivey's constitutional rights.
In 1982, a federal court granted Spivey a retrial
for the Watson murder, at which he was again sentenced to death. At
the 1983 retrial, the Muscogee County prosecutor urged the jury to
vote for a death sentence. Referring to the Bibb County conviction,
the prosecutor argued that a 'verdict of life imprisonment will not
add one day of punishment to this man. Bear that in mind. Bear that
in mind. And if that is not a slap on the wrist... then what is it?
What is it? It is literally two lives, two human lives for the price
of one because a person only has one life. If he is sentenced to
life imprisonment on the first murder and you give him life on the
second, is that appropriate punishment?... Why do we even go through
the effort of trying this case...?'
When the federal US Court of Appeals for the 11th
Circuit upheld Ronald Spivey's death sentence in 2000, one of the
three judges dissented, saying that he should receive a new
sentencing: 'Spivey was prejudiced here because the prosecutor
presented the jury with a false choice between imposing death and
imposing no punishment. Not only did the jury consider a conviction
that has since been vacated, but the prosecutor presented the
vacated life sentence not simply as a factor to consider, but as the
decisive factor in urging the jury to recommend a death sentence.'
Ronald Spivey suffered a childhood of emotional
and physical abuse and has a history of psychiatric problems. As a
child, he was allegedly abused by his father, who would beat him,
lock him in cupboards, and threaten to kill him. The boy fled home
on numerous occasions, only to be returned by the authorities. At
school, it was recognized that he had severe emotional problems, and
he began receiving mental health treatment at the age of 12. However,
his father frequently prevented him from receiving the psychiatric
care he needed, apparently believing that beating was a more
appropriate course of action.
Ronald Spivey has written: 'America is killing
the economically deprived, those of the lower socioeconomic strata,
killing the insane, killing the retarded, killing illiterates,
killing the emotionally crippled, killing the socially
disenfranchised and the politically powerless of our society,
killing those so criminally abused as children that they never had a
chance to develop normally to a well-balanced human being'.
BACKGROUND INFORMATION
The USA has executed 697 men and women since
resuming judicial killing in 1977, frequently violating
international standards of justice and decency in its pursuit of
death sentences (see Amnesty International News Release, USA:
Flouting world trends, violating international standards - 700th
execution imminent, AMR 51/031/2001, 1 March 2001).
Georgia accounts for 22 of these executions, the
most recent being in June 1998. The method of execution is
electrocution for those sentenced to death for murders committed
before 1 May 2000, and lethal injection for those convicted of
murders committed after that date. The constitutionality of
execution in Georgia's electric chair continues to be challenged in
appeal cases, on the grounds that it violates the constitutional
prohibition on cruel or unusual punishments. In Georgia, the power
to grant clemency to inmates facing execution rests solely with the
state Board of Pardons and Paroles. It has five members, appointed
for renewable seven-year terms by the Governor.
Amnesty International opposes the death penalty
in all cases. It is a symptom of a culture of violence, not a
solution to it. There is unprecedented national concern about the
reliability and fairness of the capital justice system in the USA,
particularly since the Governor of Illinois suspended executions in
his state last year because of its record of wrongful convictions in
capital cases.
March 12, 2001
The Georgia Supreme Court spared the life of cop-killer
Ronald Keith Spivey last week, at least for a little while, to give
justices time to decide whether electrocution is a cruel and unusual
punishment. But it was really a slick maneuver on the part of
Spivey's attorneys that won the killer a little more time.
Eventually, he'll have to sent on to his maker, whether by electric
chair or lethal injection.
Spivey's public defenders had gotten some judges
from around the state to order the videotaping of Spivey's execution,
which was planned for Tuesday. But the Supreme Court didn't want to
have any part of a videotape of an execution, which would become a
public document and be seen around the world. Instead, they delayed
the execution.
Here's the answer: Stick a needle in Spivey's arm
and put him to sleep - permanently. He killed two people, one of
them a Columbus police officer in 1976. His rap sheet before that
wasn't so innocuous either. The Supreme Court, if it's ambivalent
about electrocution, should order all electrocutions be converted to
death by injection. Get on with it.
In its June issue, Integra printed an outrageous
and deceitful attack on the NRA by Ronald Spivey, a confessed
psychotic multiple murderer on death row. The editor goes on at
length how this unfortunate victim of mental illness and an uncaring
world has taken responsibility for his crimes.
But in his article,
Spivey labors to off load his personal responsibility onto the
stress of his external life-style problems, his willful abuse of
alcohol and drugs, and the right of citizens to possess firearms.
Rather than a "reasoned" discussion of firearm ownership, Spivey's
article is a poorly disguised attempt to reinterpret the heinous
crimes he committed, and portray himself as the victim rather than
the perpetrator.
If any part of the misinformation in Spivey's
article were true, then Switzerland would have the highest crime
rates in the world. While Spivey falsely attempts to blame access to
firearms for his crimes, in Switzerland nearly all citizens possess
firearms. Somehow, the heavily armed Swiss manage to resist the
murderous impulses that are claimed to accompany firearm ownership,
and have almost no firearm involved crime.
Switzerland doesn't
maintain a standing army for defense, considering it the duty of all
citizens to rise to the defense of the country in an emergency. To
this end, all men between 21 and 45 are required to keep at least a
fully automatic assault weapon within easy access in their homes.
Citizens are encouraged to privately purchase additional firearms
for sport and home defense, and to supplement those available from
the government. Those with religious or moral objections to
possessing firearms are obliged to file for an exemption.
Private citizens who are so inclined can lawfully
possess any weapon up to antiaircraft guns. The only restriction on
the more potentially destructive weapons is that some critical part
of their firing mechanism be stored separately from the main weapon
when not in use. The Swiss government itself sells surplus or
obsolete military weapons to its citizens. Rather than licensing
guns and owners, the Swiss assume that all citizens possess multiple
firearms. And despite one of the highest per capita rates of firearm
ownership in the world, Switzerland has almost no firearm related
crime. The Swiss do, however, have a deep and abiding belief in
effective self defense at both the national and personal levels. The
long history of Swiss freedom and armed neutrality hasn't been
accidental good fortune.
The Swiss policy of practiced readiness to defend
themselves against any aggressor has succeeded in discouraging every
would be world conqueror of this century who brutally enslaved its
passively neutral neighbors. By being totally prepared to defend
their borders from any aggressors, the Swiss have avoided having to
pay the cost of proving themselves. And on a personal level,
criminals find the aggressive self defense of the Swiss less
attractive than the forced passivity of potential victims in America
and other countries that restrict and/or discourage their citizen's
right of self defense.
Spivey passionately advocates outlawing machine
guns and assault weapons, falsely implying that the NRA has been
promoting their possession and misuse. Contrary to the media and
government's abuse of the term, assault weapons, like machine guns,
are capable of fully automatic fire. The truth is that machine guns
and assault weapons have been illegal in America since the 1930's
under legislation sponsored by the NRA. Clinton's much publicized "assault
weapon ban" was actually targeted at semiautomatic firearms that
resemble military weapons - firearms which the FBI's own uniform
crime reports show are actually used in a statistically
insignificant less than 0.3% (that's less than 3/10ths of 1 percent)
of firearm related crimes.
Contrary to his assertions that "...they can't do
as much damage without a firearm as they can with one", none of the
most prolific murderers in history used firearms as their primary
method of killing. Even the Nazis found shooting people too slow and
expensive, and were forced to develop other methods to commit the
bulk of their mass murders. Recent events have repeatedly proven
that fertilizer, gasoline, and other common household chemicals are
far more lethal than gun powder. On the other hand, firearms, and in
particular handguns, are the tools of choice for those obliged to
defend themselves and their property from thieves and murderers.
Handguns are especially appropriate self defense weapons for older
women living alone.
Nor is Spivey's claim that his body count was
solely due to his access to a firearm credible. Murderers armed with
knives, clubs, fertilizer, chain saws, metal pipes, hammers,
scissors, screw drivers, automobiles, common garden implements - and
yes, rocks - have repeated proven that it is entirely possible to
kill multiple innocent and unsuspecting victims without the use of a
firearm. Psychotics have in the past shown exceptional creativity in
the use of common objects to cause bodily harm. Since Spivey
possesses an Intertel qualified brain, it is entirely reasonable to
assume he would have been able to find an alternative means of
killing his victims if he hadn't had access to a firearm.
Spivey states that his violence was caused by his
psychotic rage. He further claims that his psychotic rage was caused
by external life pressures and stress. His psychotic rage was not
caused by access to a firearm. Spivey wants to believe that the
cause of his multiple murders was his access to lethal capability.
The means by which any one of us could kill or maim those around us
are constantly at hand. Murders have been committed with every
conceivable artifact of human existence. It is not access but intent
that causes violence. The outcome would not have been materially
different for his victims or society if Spivey had been obliged to
act out his psychotic rage with a machete, his car, or gasoline
filled whiskey bottles instead of a firearm.
Clearing away all the double talk, Spivey tries
to make the case that because he failed in every way as a human
being, we as functional individuals shouldn't have rights and
liberty. More specifically, Spivey tries to make the point that
because a diagnosed psychotic who should never have been allowed to
interact with unsuspecting normal individuals couldn't handle real
life, functional individuals should no longer be "allowed" our basic
rights of self defense and individual freedom. My rights and
freedoms did not cause Spivey's mental illness, his life-style
problems, or his failures as a human being. Eliminating my rights
and freedoms would not in any way "cure" Spivey's mental illness or
protect him from the effects of his faulty life-style choices.
Eliminating my rights and freedoms would, however, have a
substantial negative effect on me.
Spivey is right in that there shouldn't have been
any way for him to gain access to a firearm. Nor should he have been
allowed access to an automobile, toxic chemicals, sharp objects,
blunt instruments, or anything else that he could use to harm others.
In short, he should have been removed from society until he no
longer posed a threat to those around him. Spivey repeatedly
demonstrated his inability to function in society. Judges and
doctors repeatedly returned Spivey to an unsuspecting general public
while actively conspiring to deny his future victims knowledge of
his true nature.
Spivey publicly proclaims he is a member of the
NRA. If Spivey is indeed a member of the NRA, he has to be fully
aware he is attempting to deceive the public, because the well
documented facts that disprove all of his claims have been
repeatedly printed in Government and NRA publications - even if the
main stream media chooses to ignore the truth. One of the facts
Spivey fails to mention is that over 1 million Americans each year
successfully defend themselves, their loved ones, and their property
through the lawful use of their privately owned firearms. Most of
the time, it is not even necessary to discharge the firearm. Studies
prove that in the real world the rest of us are obliged to live in,
firearms save far more lives than they "cost". Finding this aspect
inconvenient to his position, Spivey ignores these well documented
facts.
Spivey advocates people sue the NRA in order to
destroy the organization and eliminate its lawful efforts to protect
the rights of Americans as guaranteed by the Constitution and Bill
of Rights. With his advocacy of harm to the NRA and its members,
Spivey makes it personal. I'm a member of the NRA, and therefore one
of Spivey's intended victims. I haven't actually fired a gun for
over a decade (and then it was a replica of a Civil War era musket),
but I contribute to the NRA in support of their uncompromising
defense of liberty. Since my resource base has constricted I've
stopped contributing to the ACLU and send most of what little I can
spare to the NRA. History indicates that if we lose our right and
ability to physically resist the encroachments of an out of control
government, paper warriors like the ACLU will quickly become
irrelevant anyway.
I have been an NRA member off and on for decades,
and have found the NRA a consistent advocate of constitutional
democracy, rational and effective justice, the rights of victims,
and a supporter of basic law enforcement (the cop on the beat).
Contrary to the gross distortions by Spivey and the popular media,
the organization that I know well has never failed to maintain the
moral and ethical high ground. Take a close look at what the NRA
actually says and does, and you will find it is one of the very few
untarnished white knights in American politics.
Unfortunately, the press prefers to publicize
fabrications and distortions about the NRA spread by self serving
proven mental defectives like Spivey, instead of accurately
reporting the eminently respectable reality of a prestigious
organization of over 3 million Americans.
George Bush's highly publicized resignation from
the NRA is hardly a valid measure of the NRA. George Bush has a
history of betraying just causes at critical times. He first
supported women's rights, and then changed sides and worked hard to
eliminate the rights of women to control their own bodies. He
promised no new taxes, and then betrayed us all by raising taxes. He
started a war against Sadam Hussein, and then at the 100th hour
managed to snatch defeat from the jaws of victory. (Because of Bush,
we will have to fight Iraq again within the next 10 years, and next
time Sadam's followers will be far more motivated and numerous, and
our casualties will be far heavier. Ask the Kurds, Shiites, and
Iraqi moderates if George Bush is an honorable man. Oh, I'm sorry,
you can't - they're all dead because Bush helped keep Sadam in power,
and then refused to intervene while Sadam viciously butchered men,
women and children with impunity.) And now we are supposed to be
surprised that Bush has abandoned the defense of liberty. If
anything, Bush's politically motivated departure serves as further
confirmation of the validity of the cause he is currently attempting
to betray.
But back to Spivey. Even now, Spivey refuses to
recognize that he was solely and personally responsible for his
actions. No inanimate objects, no substances, no other people,
nothing but his own internal mental processes caused him to attempt
to murder 5 total strangers. In Oregon, divorces out number
marriages, and an estimated 80% of businesses fail in their first
year.
Alcohol and drugs are generally available to
anyone who seeks them out. These factors are a recurrent experience
for a significant percentage of the population and do not cause
normal individuals to "snap" and murder total strangers. The single
critical variable in the lethal equation is Spivey and his mental
defects.
Even after 18 years to think about it, Spivey
refuses to recognize that the lethal defects are in his basic makeup,
and his inability or unwillingness to control his behavior. Instead
he lashes out in self serving outrage at the lawful right of normal
citizens to possess firearms. He doesn't question that he was
repeatedly returned to the general population while he continued to
pose a threat to those around him. At no point does he even consider
that the public has a right to be protected from violent and
dangerous defectives like him. No where does Spivey consider that he
personally knew from when he was as young as 11 that he was prone to
psychotic rages, and posed a clear and present danger to those
around him. And yet he proceeded to willfully place himself in
situations that would trigger his psychotic rages.
From his own description of his lifetime of
frustrating society's ineffective efforts to alter or control his
behavior, it would seem obvious that Spivey would have snapped
eventually regardless of his access to a firearm. Because of
misplaced sympathy for Spivey, the system protected him from the
victims of his earlier crimes, and denied his later victims any
knowledge of the violent psychotic loose among them.
By his own account, the system had multiple
opportunities to protect the innocent, but instead chose to
repeatedly release Spivey back into the general public until he
finally committed atrocities that couldn't be ignored. A case could
be made that the real failure was in a system that allowed such a
manifestly defective specimen as Spivey to survive long enough to
deprive society of 2 far more valuable individuals. Perhaps the real
on going crime is that society continues to value and support at
great expense Spivey's continued life, while his victims who
contributed far more to society while living than Spivey ever will,
continue to be dead.
Far from accepting personal responsibility for
his reprehensible acts, Spivey implies that going berserk is somehow
a normal and reasonable reaction to divorce and business failure. In
Spivey's perverted logic, it was society's failure to restrain the
physical effects of his rage when he could not, that caused the
tragedy. In Spivey's self serving version of reality, if only
society had limited his world to rocks, he wouldn't have been able
to commit his murders.
Spivey has no concept of the true reality of his
actions. He is still trying to portray himself as the victim. Spivey
proposes instead that the whole world should have been turned into a
safe institution for him to harmlessly bounce off the padded walls.
In Spivey's mind, because he can't be trusted with sharp objects, we
must all be limited to dull plastic scissors. I resent the
implication that I and the rest of the functional world, are really
only here as therapy objects for the defective and broken minority.
I reject the concept that I must live inside his institution because
he is incapable of living in the real world.
Spivey's claims of a tortured life filled with
moral anguish offered up in a bid for sympathy must also be framed
in the proper context. I'd bet either one of his murdered victims
would gladly trade places with him. If you doubt that a life of
feeling guilty on "death row" is substantially preferable to the
grave, why hasn't Spivey willingly joined his victims in the cold
earth during the long years since he so violently ended their lives?
To spend 18 years on death row, Spivey has to have appealed his
death sentence - continuing his lifelong pattern of resisting
society's efforts to either fix him or cut its losses and rid itself
of him.
I would further wager that at least the 25% of
the world population currently facing eminent death from starvation,
disease, and/or war, struggling just to stay alive one more day,
would gladly trade places with Spivey. In our perverse "justice
system", Spivey's standard of living and life expectancy on "death
row" is substantially superior to the brutal reality experienced by
at least a billion non-murderers in the third world. Put another
way, the ongoing cost of maintaining Spivey alive in an expensive
high security prison would probably support several hundred third
world children who are now doomed to a painful lingering death.
And now, having been allowed to outlive his first
victims by 18+ years, Spivey has decided to murder freedom itself!
Unable to convince his jailers to set him free yet again, he seeks
to enclose the rest of us within the walls of his prison, and
thereby take from us the liberty we have taken from him. Spivey has
already committed sufficient atrocities to justify his execution.
There is no doubt as to his guilt. There isn't any possibility of "rehabilitation".
Why is this man still alive to wrongfully attack the NRA after being
sentenced to die 18 years ago? Are the multiple people he murdered
18+ years ago any less dead today? Is there no limit to the damage
this man will be allowed to cause before his accumulating victims
can rightfully demand NO MORE!
But no, justice will not triumph this day, and
Spivey will carve yet more notches in the iron bars that fail to
contain his malevolence. From the parasitic security of his publicly
supported cell, this admitted failure of a human being is reaching
out in an overt attempt to harm me and the other wholly innocent
members of the NRA. He has subverted society's failure to follow
through on his death sentence into license to rack up even more
victims. Having avoided any real measure of justice for his previous
multiple murders, Spivey is now aiming for a body count in the
millions by attacking the very foundations of our liberty.
GEORGIA----debate to videotape execution:
As Georgia prepared today for its 1st execution
in almost 3 years, legal wrangling continued over whether the
electrocution will be videotaped. That debate was part of a flurry
of court actions leading up to the final hours before condemned cop
killer Ronald Spivey was scheduled to die in the electric chair at 7
p.m.
As opponents of the death penalty continued their
efforts to videotape the final moments of Spivey's life, state
prison officials were seeking guidance after conflicting court
orders on taping the execution. Spivey's pending execution for the
1976 murder of a Columbus police officer is unique because he has
consented to having it videotaped as evidence in legal challenges to
use of the electric chair. It has attracted national media attention,
and various broadcast outlets have offered to do the taping.
A large man carrying 346 pounds on a 6-foot-5
frame, Spivey has signed an affidavit authorizing an autopsy by a
private pathologist. "I hope we'll finally get the Georgia Supreme
Court to say, 'It's cruel and unusual,'" said Michael Mears,
director of the state Multi-County Public Defender's Office, which
provides legal assistance in death penalty cases. "They keep saying
the evidence is not sufficient [to rule electrocution is
unconstitutional]. I don't know what we can do other than this. The
Supreme Court has pushed us into it."
If Spivey's execution is videotaped, it will be
the 1st known recording of an electrocution in the United States.
The only known execution to have been videotaped was in California
in 1992, shortly before the state replaced the gas chamber with
lethal injection as the means of execution. The California tape was
destroyed without ever having been made public.
Though Spivey was convicted of murdering 2 men,
he was sentenced to die for the death of police Officer Billy Watson.
Spivey was sentenced to life in prison for killing Charles McCook of
Macon 5 hours earlier. The 61-year-old murderer has exhausted
traditional appeals. He is now asking the state Board of Pardons and
Paroles, in a hearing today and in separate court filings, to
postpone his execution until the Georgia Supreme Court resolves the
videotaping dispute.
In a coordinated effort, trial court motions were
filed last week in pending death penalty cases and appeals of death
sentences all over the state. The hope of anti-death penalty forces
was that at least one judge would approve the taping, which could
eventually lead the state Supreme Court to decide the issue. The
state's highest court had ruled it did not have enough evidence to
determine whether electrocution is cruel and unusual punishment.
Attorneys argue the tapes would provide that evidence.
At least three judges have denied requests to
videotape the electrocution, despite affidavits from Spivey
approving the recording. The taping was approved, with varying
degrees of restrictions, by 4 other courts.
One judge simply approved the taping and 3 judges
ruled the execution could be recorded with restrictions, including
locking away the tape with no copies distributed and no one other
than Spivey being recorded. "While justice may be blind, it is not
deaf, especially to the loudly resonating footsteps of evolving
standards expressed by our appellate courts and legislature on this
issue," DeKalb County Judge John Allen wrote in his order
authorizing the videotaping. "The evidence sought has not been
reasonably available prior to now in that there was not a prior
approval of a death penalty defendant who had given permission to
have his electrocution videotaped. . . . It is with great
trepidation that this court treads in these uncharted waters."
As in the videotaped California execution, some
death penalty opponents contend recording an electrocution would
lead to an end to the practice in Georgia, 1 of 3 states that use
the electric chair. Attorneys in Spivey's case insist this is not an
attempt to keep him alive. "It's not a ploy that would do Spivey any
good," said Stephen Bright, director of the Southern Center for
Human Rights.
Videotaping the electrocution, Bright said, might
push the state to change its method of execution. "Electrocution is
a particularly grotesque way of putting people to death," he said.
Some people want the execution carried out
regardless of the method used. "Nothing's going to change my opinion
as to what needs to be done to him," said Clyde McCook, brother of
one of Spivey's victims. "They need to execute him. I'll be glad
when it's over."
Criminal History:
1961, Bibb County - 6 counts of forgery;
sentenced to 6 months in jail and 3 years of probation.
1963, Bibb County - robbery by force; sentenced
to 2 years in prison and 2 years of probation.
1965, Dougherty County - armed robbery, escape
and car theft; sentenced to 3 years.
1976, Bibb County - robbery, pointing a pistol at
another, driving under the influence, murder (Charles McCook);
sentenced to life in prison. Muscogee County - murder (police
officer Billy Watson), kidnapping (2 counts), armed robbery (2
counts), aggravated assault (2 counts); sentenced to death, life in
prison (2 counts), 20 years and 10 years (2 counts).