Man executed for killing mom, 3 others

By Kelly Prew - Huntsville Item

February 18, 2005

Dennis Bagwell spoke few last words from the death chamber Thursday night, saying only, "I love you all," to his few friends who witnessed his execution shortly after 6 p.m.

Bagwell, 41, was convicted of the slayings of his mother and three others in a bloody spree almost 10 years ago near San Antonio.

His goodbye was short, not acknowledging the family members of the victims with his eyes or his words. He gasped, snorted and gurgled as the lethal does was administered, and he was pronounced dead at 6:19 p.m. Bagwell died having never admitted guilt.

Bagwell denied involvement in the massacre of his mother, Leona McBee, 47; her niece, Libby Best, 24; Best's daughter, Reba, 4; and Tassy Boone, 14, the granddaughter of McBee's common-law husband, Ron Boone. All were slain at a mobile home in a rural area of Wilson County near Stockdale, about 35 miles southeast of San Antonio.

Prosecutors described Bagwell at his trial as a "natural-born killer." The former meat salesman was born in Denver and grew up in the Rio Grande Valley and the Dallas area.

He was on parole at the time of the quadruple slayings, serving 13 years of an 18-year sentence for attempted capital murder in Hidalgo County for slitting the throat of an illegal immigrant. Bagwell also was convicted of another slaying that occurred two weeks before the Wilson County killings. In that case, he received a life prison term for stomping to death a janitor at a Seguin bar.

The lethal injection was the third this year in Texas, the nation's most active capital punishment state. At least 10 other inmates have execution dates over the next three months.

A pathologist testified at Bagwell's trial it appeared the victims had been beaten with a claw hammer, the neck of a guitar, a spring from an exercise machine and a broken .22-caliber rifle. At least one victim had been stomped on. One was shot twice in the head, and two of the victims were strangled so violently their necks were broken.

The U.S. Supreme Court refused to grant a stay requested by lawyers, who argued Bagwell was improperly denied his right to testify at his capital murder trial.

In an interview Wednesday at death row, Bagwell said he was grateful for the 11th-hour efforts, but would welcome death. "I'm at peace with it," he said. "I'm ready to go. I'm tired of living in a cage like an animal and being treated like an animal. "What better way to go than being put to sleep, rather than suffering the rest of your life."

He said his earlier stint in prison made him a convenient target when Wilson County authorities were looking to find who was responsible for the four slayings. "When they found out I had a TDC record for attempted murder, they started piling up the evidence to back up their claim," Bagwell said. "I think the death penalty for someone like him is the only way," Wilson County Sheriff Joe Tackitt said this week. "He deserves what he gets."

Bagwell's collection of tattoos included one on his left arm that spelled out in big letters: "MOM." He said Wednesday he was nowhere near the murder scene and last saw his mother about three days before the Sept. 20, 1995, slayings.

Bagwell's girlfriend testified at his trial that she and Bagwell had smoked crack cocaine in San Antonio, then drove to his mother's place so he could borrow some money. The witness, Victoria Wolford, said Bagwell became enraged when his mother only gave him $20. She said she watched through a window from a travel trailer on the property as he hit McBee in the head, then heard screams and other loud sounds.

"I'm just glad it's all over with," Monica Boone, whose daughter, Tassy, was among the victims, said after watching Bagwell die. "Everybody that's been touched by this madman can rest in peace and I thank God it's finally over." "I'm hoping and praying this is the end of a chapter in my life," said Gregory Knowles, whose daughter, Libby, also was killed. "There's no joy in watching somebody die."

Bagwell v. State, 956 S.W.2d 709 (Tex.Cr.App. 1997). (Direct Appeal)

Defendant was convicted in the 25th Judicial District Court, Guadalupe County, Dwight E. Peschel , J., of capital murder committed during the course of a robbery, and defendant appealed. The Court of Appeals, Hardberger, C.J., held that presence of defendant's palm and finger prints in restricted area where murder victim was found was sufficient evidence to corroborate accomplice testimony. Affirmed.

HARDBERGER, Chief Justice.

Dennis Wayne Bagwell, appellant, was tried, convicted, and sentenced for capital murder in Guadalupe County. A jury found that Bagwell had killed George Barry during the course of a robbery, by stomping on his face and neck. The State waived the death penalty, and the jury sentenced Bagwell to life imprisonment. In one point of error, Bagwell asserts that there is no evidence to corroborate the accomplice testimony used against Bagwell at trial. We affirm the judgment.

On September 5, 1995, a delivery person found the body of George Barry in the supply room of a local bar, Jim's Place, in Seguin, where Barry worked as a night stocker. Police arrived on the scene shortly after the discovery, and they took photographs of the body and the supply store, and dusted for fingerprints.

At some point in the investigation, Bagwell became a suspect, and trial followed. By far the most incriminating evidence presented at trial was that of Bagwell's lover, Vicki Wolford, who testified after being promised immunity from prosecution by the State.

Wolford testified that on the evening of September 4, she and Bagwell met Donnie Halm, the owner of Jim's Place, at a rest stop on Highway 123. There, Bagwell sold Halm a television, stereo, and VCR, all of which belonged to a local rent-to-own store. Halm paid $200 for the equipment.

Bagwell and Wolford took the money from this sale and went to the home of Anthony Jackson, where they bought some rock cocaine for $150. The pair took the cocaine to the trailer they shared, where they smoked it, and Vicki prepared for bed.

At this point, Wolford testified, Bagwell wanted to return to Seguin for more drugs--this time, marijuana. Wolford dressed, and they drove to Jim's Place. Bagwell drove around the bar a couple of times, telling Wolford he was looking for an employee, Robin Whitman, who Bagwell thought would sell him some marijuana.

Bagwell had been to Jim's Place several times, had sold or tried to sell items to employees there, and knew all the employees by name. When Bagwell didn't see Whitman, he stopped the car and went into the bar.

He came back shortly and asked Wolford for a quarter. He had not found Robin and wanted to call his home. At that point, he told Wolford that he planned to rob and kill George Barry, who was in the restaurant, stocking beer for the next day. It was also Barry's job to make the night deposit for the bar. Bagwell returned to the restaurant. Wolford remained in the car.

She testified that, while Bagwell was in the bar, she could hear pounding and thumping noises. Bagwell returned twenty to twenty-five minutes later, with three money bags and an injured finger. The two drove out of Seguin, stopping to move the money from the bags to Bagwell's pockets.

They then headed for Jackson's, where they purchased more rock cocaine. On the drive from Jackson's to their trailer, Bagwell told Wolford that he had killed Barry by smashing his throat in with his foot. Wolford testified that Bagwell was wearing black, heavy boots the night of the murder. The next morning, the two left Seguin for San Antonio.

Very little other inculpatory evidence was presented at trial. An expert on fingerprints testified that one of Bagwell's fingerprints and one of his palm prints were found on the file cabinet near Barry's body, where the deposit money was kept. An expert on "pattern injuries" testified that he could not rule out the possibility that Bagwell's shoes had caused the injuries to Barry's face and neck.

A San Antonio police officer testified to finding one cloth bank bag, with the words "First Commercial" on it, in the room Wolford and Bagwell shared in San Antonio. Bar employees testified that this bag was "similar" to those used by Jim's Place.

Finally, several witnesses testified that Bagwell had given inconsistent stories about how he had hurt his hand, saying at times that he had hit a black man, that he had hit a black man and robbed him, or that he had smashed his hand down on the roof of an automobile. The defense presented no witnesses.

Bagwell v. Dretke, 372 F.3d 748 (5th Cir. 2004) (Federal Habeas)

Background: State prisoner petitioned for federal habeas relief. The United States District Court for the Western District of Texas, Orlando L. Garcia entered order denying petition for federal habeas corpus relief and declined to enter certificate of appealability (COA) on any of petitioner's claims, whereupon petitioner applied for COA from the appellate court.

Holdings: The Court of Appeals, Edith H. Jones, Circuit Judge, held that:
(1) petitioner failed to make substantial showing that use of leg restraints during trial violated his constitutional due process rights, and was not entitled to certificate of appealability (COA) on issue; and
(2) district court's procedural default ruling was not debatable, and no certificate of appealability (COA) would be issued on defaulted issue. Application denied.

EDITH H. JONES, Circuit Judge:

In 1996, a Texas jury convicted and sentenced to death Dennis Wayne Bagwell for the exceedingly brutal murders of his mother, half-sister, four-year-old niece, and another young woman. After direct appeal and petition for state habeas corpus were unsuccessful, Bagwell raised seventeen grounds for relief in a § 2254 petition before the federal district court. The district court rejected all of the claims, dismissed Bagwell's petition, and declined to grant a certificate of appealability ("COA") on any issue raised.

Bagwell seeks a COA from this court on two issues: (1) whether he was denied due process and the presumption of innocence as a result of being shackled in the courtroom throughout the trial, and (2) whether trial counsel coerced him into waiving his right to testify in violation of his Fifth, Sixth, and Fourteenth Amendment rights to a fair trial. For the reasons set forth below, we deny a COA on both claims.

I. BACKGROUND

On November 21, 1995, Bagwell was indicted for the capital murders of Leona McBee, Libby Best, Reba Best, and Tassy Boone. [FN1] Before trial, the prosecution moved to have Bagwell restrained while in the courtroom. At this hearing, Wilson County Deputy Sheriff Johnny Deagan testified that: (1) Bagwell had made numerous threats against law enforcement personnel during his pretrial detention; (2) unidentified members of the victims' families had threatened Bagwell; and (3) restraining Bagwell through the use of a leg brace would aid court security personnel in the event Bagwell needed to be removed from the courtroom and would reduce Bagwell's ability to retaliate against anyone who attacked him.

Calvin Pundt, an investigator for the Wilson County Sheriff's Department, testified Bagwell threatened several law enforcement personnel, vowing to "take one of you out before we hit the floor." While Bagwell had not physically assaulted anyone during his pretrial detention, the defense did not rebut the testimony concerning Bagwell's threats against law enforcement.

FN1. Ron Boone, Leona McBee's common-law husband, discovered the victims' bodies. Bagwell was related to three of the four victims. Leona McBee was Bagwell's mother, Libby Best was his half-sister, and Reba Best was Leona's four-year-old granddaughter. Tassy Boone was the teenage granddaughter of Ron Boone. Under Texas law, murdering more than one person during the same criminal transaction is a capital offense. See Tex. Pen.Code § 19.03(a)(7) (Vernon 2003).

The state trial court granted the motion and directed that (a) the leg restraints must be worn beneath Bagwell's clothing, *752 (b) Bagwell must not be shown to the jury or any prospective juror in any restraint, and (c) Bagwell's legs must be concealed while he was seated in the courtroom. Bagwell did not object to the leg restraints throughout the pendency of the trial or on direct appeal.

At trial, the state offered several witnesses, including Victoria Wolford, Bagwell's girlfriend, who testified that she was with Bagwell when he committed the gruesome murders, and she had led police to various locations along the getaway route where Bagwell had discarded incriminating evidence. Law enforcement officers and scientific experts linked significant physical evidence from the murders to Bagwell. [FN2] The defense countered with witnesses of their own. [FN3] However, Bagwell did not testify. According to Bagwell, trial counsel concluded that his testimony would unduly risk the introduction of Bagwell's extensive criminal history.

FN2. Specifically, law enforcement officers testified that they recovered, based on information Wolford provided, numerous items taken from the Boone residence, including a pair of tennis shoes and a pair of shorts. An expert witness testified that one of the tennis shoes matched a bloody shoe print found at the crime scene under the body of Tassy Boone. Other witnesses testified that the tennis shoes in question belonged to Bagwell. Furthermore, a firearms expert testified that the bullet fragments removed from Libby Best's cranium matched the shattered rifle the law enforcement officers recovered.

FN3. The defense's psychiatric expert testified that cocaine ingestion can raise a person's energy level, increase aggressiveness, lead to manic episodes involving hyperactivity and unclear thought, and cause psychotic, paranoid behavior. Other witnesses testified to Bagwell's depressed and upset demeanor in the days following the murders.

Further, in their effort to suggest that Monica Boone, Tassy Boone's mother, committed the crime, the defense offered evidence to show that Monica and Tassy had a difficult relationship, that Monica physically abused Tassy, and, on the night of the murders, a woman who bore a resemblance to Monica appeared at a bar near the crime scene intoxicated and mumbling about having lost her hammer.

On rebuttal, the state called Monica Boone to establish that she had been in California at the time of the murders. The state also presented testimony to establish that law enforcement officers had identified the woman at the bar, determined that she was not Monica Boone, and ruled the woman out as a suspect.

After deliberating for three hours, the jury returned a guilty verdict. The case then proceeded to the punishment phase. The state presented, inter alia, evidence and testimony concerning Bagwell's past convictions, his violence during pretrial detention, his bad disciplinary record during previous incarcerations, and his parole records.

The defense offered five witnesses, including Bagwell's ex-wife and former parole officer, who each testified that Bagwell should receive a sentence of life imprisonment rather than the death penalty. Bagwell did not testify during the penalty phase. After a four-hour deliberation, the jury sentenced Bagwell to death.

Bagwell appealed both his conviction and sentence of death to the Texas Court of Criminal Appeals. Bagwell v. State, No. 72,699 (Tex.Crim.App. March 31, 1999). The Court of Criminal Appeals affirmed Bagwell's conviction in all respects. Bagwell then filed a state habeas application in the trial court. Based on the trial court's findings of facts and conclusions of law, and its own review, the Court of Criminal Appeals denied habeas relief. Ex Parte Bagwell, No. 42,341-01 (Tex.Crim.App. September 29, 1999) (unpublished). Bagwell then filed a petition for writ of habeas corpus in the federal district court. The district court rejected Bagwell's seventeen assignments of error and declined to grant Bagwell's request for a COA. Bagwell v. Cockrell, No. SA-99-1133-OG, 2003 WL 22723006 (W.D.Tex. August 19, 2003). Thereafter, Bagwell appealed the denial of the COA on two of his habeas claims to this court.