David Loomis Cargill | Murderpedia, the encyclopedia of murderers

David Loomis CARGILL

Classification: Murderer

Characteristics: Service station robbery

Number of victims: 2

Date of murders: January 22,

1985

Date of arrest: February 13,

1985

Date of birth: 1959

Victims profile: Cheryl, 29, and Danny Williams, 41 (married couple)

Method of murder: Shooting

Location: Muscogee County, Georgia, USA

Status: Executed by electrocution in Georgia on June 9,

1998

David Loomis Cargill, 38, was sentenced to death in Muscogee County in July 1985 for the robbery and murder of a couple with four children under age 10.

Cheryl Williams, 29, and Danny Williams, 41, were at a service station when Mr. Cargill and his brother, Tommy, robbed it the night of Jan. 22, 1985.

The couple was forced to lie on the floor where David Cargill shot both twice in the head. Tommy Cargill received a life sentence.

David Loomis Cargill, 39, asked for forgiveness and said he hoped his execution would bring closure to those he hurt, said Scott Stallings, a spokesman for the state Department of Corrections.

Cargill and his brother, Thomas, both of Phenix City, Ala., were charged with the January 1985 shooting deaths of Cheryl and Danny Williams during a robbery at the service station where Mrs. Williams worked. The couple were the parents of 4 boys ages 2 to 10.

Although his brother was given a life sentence for the crime, Cargill was sentenced to death.

The couple were forced to lie face down on the floor of the service station. Each was shot twice in the head.

During the robbery, $482.79 was taken.

Sources: Associated Press, Rick Halperin

INFORMATION ON THE SCHEDULED EXECUTION OF DAVID LOOMIS CARGILL

Thursday, June 4, 1998

Georgia Attorney General Thurbert E. Baker offers the following information in the case against David Loomis Cargill, who is currently scheduled to be executed after 7:00 p.m., on Tuesday, June 9, 1998.

Scheduled Execution

On May 27, 1998, the Superior Court of Muscogee County filed an order, setting the seven-day window in which the execution of David Loomis Cargill may occur to begin at noon, June 9, 1998, and end seven days later at noon on June 16, 1998.

The Commissioner of the Department of Corrections has set the specific date and time for the execution as 7:00 p.m., June 9, 1998, pursuant to the discretion given the Commissioner under state law. Cargill has concluded his direct appeal from the criminal case as well as state and federal habeas corpus proceedings.

He is currently being represented by Phillip S. McKinney of the firm Rogers and Hardin of Atlanta, Georgia. The firm has represented Cargill in his state and federal habeas corpus proceedings.

Cargill's Crimes

On the evening of January 22, 1985, David Cargill and his brother, Tommy Cargill, robbed the Premium Oil Service Station on River Road in Bibb City, Muscogee County, Georgia. Cheryl Williams worked part time at the station, and her husband Danny came to the station that evening to help his wife after putting their four male children, under the age of ten years, to bed.

Later in the evening of January 22, the bodies of Danny and Cheryl Williams were found lying face down in the service station, and each had received two bullet wounds in the head. Gunpowder residue indicated that Cheryl Williams had been shot from a distance less than two feet.

Forensic evidence established that both victims had been lying on the floor when they were shot. Approximately $482.79 in cash was taken from the service station, and Danny Williams' knife, valued at $35, was also taken.

A light green, 1969 pickup truck had been stolen from John McCollom of Opelika, Alabama, on January 16, 1985. This truck was seen near the service station on the night of the murders and armed robberies. A cousin of Tommy Cargill's wife had seen both Tommy and David Cargill in possession of this truck in Phenix City, Alabama, on the day of the murders.

Brenda Cargill Mathis, who had married David Cargill in 1983 and divorced him shortly after he was arrested in this case, testified that she had heard David Cargill talk about the "big crime" or the "big one" and that he would not leave any witnesses because "dead men don't talk."

She also identified the stolen truck as having been in David Cargill's possession at the time of the murders. David Cargill had given her items which John McCollom identified as having been in the truck when it was stolen. Other items were found in their apartment.

On the morning of January 22, according to Brenda Mathis, Tommy Cargill came to their apartment and David Cargill told his brother to return when it got dark. Tommy left in the truck. When Tommy returned that evening, Tommy told David Cargill that "the girl" or "the girls are there alone" because he had just gone by there. David Cargill retrieved a gun he had given Brenda Mathis for safe keeping, having told her not to leave any fingerprints on it, put the gun in his pocket and told his brother for them to leave.

David Cargill returned to the apartment between 9 and 10 p.m. that evening and brought a large box of fried chicken and other food, including chocolate pudding, even though he had no money when he left the apartment. As they ate, Brenda Mathis saw what she thought might be blood on David Cargill's shirt sleeve, and then he rubbed chocolate pudding into the blood.

A report about the robbery appeared on television, and David Cargill responded that "they" must not have gotten anything. He later gave her between $150 and $175 dollars and to tell anyone that it was child support from her former husband. When another television news report about the crimes indicated there were witnesses, David Cargill laughed and said there were not any witnesses.

A friend had encountered David Cargill at a lounge that night and gave Cargill a ride home. The friend stopped at fast food restaurant where Cargill bought the fried chicken. The friend said that Cargill had a lot of money.

The murder weapon was found hidden under a dog house in someone's backyard in a plastic bag and had no fingerprints on it. The gun had been previously sold to David Cargill, however.

David Cargill's next door neighbor had previously had a conversation with him about "easy money" and David Cargill had told the neighbor he was scoping out a place on River Road to rob. David Cargill said he would have to kill any people who were present so they could not identify him.

On the Saturday night after the murders, Brenda Mathis and David Cargill went to a club. Cargill said he was tired of the man who had sold Cargill the gun "bad mouthing" Cargill so that, after leaving the club, Cargill set the man's apartment on fire. While at the club, David Cargill told an acquaintance to "get out of my face. I killed two. One more wouldn't matter."

On the following Monday, Brenda Mathis heard a television news report about a possible link between the murders and the apartment fire. David Cargill left, and that was the last time she saw him. She went to Tommy Cargill's to find him and threatened to call police when Tommy would not tell her where David Cargill was. Tommy told her not to go to police as it would make things worse for them and they had enough on them.

David Cargill was arrested in Columbus, Georgia, on February 13, 1985. In a subsequent interrogation, David Cargill admitted he shot both Cheryl and Danny Williams.

The Trial

At a trial on July 15-20, 1985, a Muscogee County jury found David Cargill guilty of two counts of murder and two counts of armed robbery. One armed robbery was based upon the cash taken from the service station while the second armed robbery was based upon taking the knife of Danny Williams.

The jury imposed a sentence of death for each murder, finding that the murder of Cheryl Williams occurred while Cargill was engaged in the commission of an armed robbery and that the murder of Danny Williams occurred while Cargill was engaged in the commission of the murder of Cheryl Williams. The trial court imposed a death sentence for each murder in accordance with the jury's sentencing verdict on July 20, 1985.

The Direct Appeal

The Supreme Court of Georgia affirmed Cargill's murder and armed robbery convictions and death sentences on March 11, 1986, and denied reconsideration April 1, 1986. Cargill v. State, 255 Ga. 616, 340 S.E.2d 891 (1986).

The United States Supreme Court denied Cargill's petition for a writ of certiorari on February 23, 1987, and denied his petition for rehearing on April 20, 1987. Cargill v. Georgia, 479 U.S. 1101, reh'g. denied, 481 U.S. 1024 (1987).

State Habeas Corpus

Cargill filed a petition for a writ of habeas corpus in the Superior Court of Butts County on May 22, 1987. An evidentiary hearing was held on July 13, 1988. On August 18, 1989, the state habeas corpus court denied relief in an unpublished order.

The Supreme Court of Georgia denied the application for a certificate of probable cause to appeal on October 25, 1989. The United States Supreme Court denied Cargill's petition for a writ of certiorari on May 29, 1990, and denied rehearing August 13, 1990. Cargill v. Zant, Warden, 495 U.S. 963, reh'g. denied, 497 U.S. 1046 (1990).

Federal Habeas Corpus

Cargill filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Georgia on January 31, 1991. On April 13, 1994, the district court denied relief.

On August 27, 1997, the United States Court of Appeals for the Eleventh Circuit affirmed the district court's denial of federal habeas corpus relief. Cargill v. Turpin, 120 F.3d 1366 (11th Cir. 1997). The circuit court denied rehearing on August 21, 1997. The United States Supreme Court denied Cargill's petition for a writ of certiorari on April 20, 1998, and denied his petition for rehearing on May 26, 1998.

David Loomis Cargill

Georgia - June 9, 1998

The victims, Danny and Cheryl Williams, were a young couple with four male children under the age of ten years.

Cheryl Williams worked part-time at the Premium Oil Service Station on River Road in Bibb City. On the evening of Tuesday, January 22, 1985, Danny Williams came to the station to assist his wife after putting their children to bed.

Later in the evening of January 22, the Williamses were found face down in the service station. They were both dead. They had each sustained two bullet wounds in the head. Gunpowder residue indicated that Cheryl Williams had been shot from a distance of less than two feet. Medical testimony further established that both victims had been lying on the floor at the time they were shot.

Approximately $ 482.79 in cash had been taken from the service station, as well as a knife belonging to Danny Williams and valued at $ 35. The cash formed the basis for one count of armed robbery of which the appellant was convicted, and the knife formed the basis for the other armed-robbery count.

Mr. John McCollum of Opelika, Alabama, testified that he owned a light green, 1969, half-ton pickup truck with a gray right-front fender, and a dog box in the back of the truck. Mr. McCollum testified that this truck had been stolen from him on the evening of Wednesday, January 16, 1985. This truck was seen near the Premium Oil Service Station on the night of the murders.

Katherine Sue Brown lives in Phenix City, Alabama, and she is a cousin of Thomas (also known as Tommy) Cargill's wife. She testified that on the weekend prior to January 22, 1985, she had seen Tommy and David Cargill in Phenix City, and they were in possession of a truck, which she identified as the truck belonging to John McCollum.

Mr. Hoyt Eugene Ledford is Tommy Cargill's wife's uncle, and Tommy was living at his house in Phenix City at the time of the murders. Mr. Ledford testified that on the day of the murders, David and Tommy Cargill were in possession of a truck fitting the description of John McCollum's truck.

Brenda Cargill Mathis and the appellant were married in 1983, and they divorced shortly after the appellant's arrest in this case. At the time of the murders, the appellant was living with her and a child of hers by a previous marriage.

She testified that several times she heard the appellant talk about the "big crime" or the "big one" and that he would not leave any witnesses, because, "[d]ead men don't talk." She identified a photograph of John McCollum's truck as being the truck of which the appellant was in possession at the time of the murders.

She testified that the appellant had given her various items, which were identified by John McCollum as being items which belonged to him and which were in the truck at the time it was stolen. Other similarly identified items were found in the appellant's apartment.

Brenda Mathis further testified that on the morning of January 22, Tommy Cargill came to her and the appellant's apartment. ] The appellant told him to come back when it got dark. Tommy left in the truck. Later that evening, Tommy came back.

As recounted by Brenda, Tommy then said to the appellant, "'The girl,' or either, 'the girls are there alone' that he had just went by there." There was a gun which the appellant had previously given to Brenda for safekeeping, telling her not to leave any fingerprints on it. The appellant took the gun, put it in his pocket, and said to Tommy, "'Good. Let's go.'"

Brenda testified that, to the best of her recollection, the appellant came back to the apartment between 9:00 and 10:00 o'clock that evening. Although he had not had any money when he left, when he returned he had a large box of Kentucky fried chicken, as well as other food including chocolate pudding.

While they were eating, she noticed what appeared to be blood on his shirt sleeve. He looked around the room to see if anyone was watching; he then took some chocolate pudding and rubbed it into the blood. A report concerning the armed robbery later appeared on television. "And David said, he laughed -- well, not laughed but 'Aha, they must not have got anything.'"

Later that evening, he gave her approximately $ 150 to $ 175, and he told her, if anybody asked, to tell them that it was child-support money she had received from her former husband.

Later in the week, the appellant and Brenda were watching a news report on television concerning the crimes. Brenda testified, "They said they had witnesses in the murders, and David stood and laughed and said, 'No, there wasn't any witnesses.'"

Patrick Tidwell testified that around 9:00 to 10:00 o'clock on the evening of January 22, he encountered the appellant at the Robert E. Lee Lounge, and he gave the appellant a ride home. En route, he stopped at a Kentucky Fried Chicken restaurant, and the appellant bought "a big family-sized thing of chicken" and some other food. Tidwell testified that the appellant had a lot of money at the time.

A pistol identified as the murder weapon was found hidden under a dog house in the back yard of Hoyt Ledford's house. It was in a plastic bag, and no fingerprints were found on it.

Clinton Layfield testified that he had purchased this gun from Andy Ferguson, and that he, Layfield, in turn sold it to the appellant. When the appellant accepted delivery of the pistol, he indicated that he intended to shoot someone with it.

Travis Allred, who had been the appellant's next-door neighbor, testified that he had had a conversation with the appellant concerning some "easy money." According to Allred, the appellant said, "'Well, I've been scoping out this place on River Road and I want to rob it and I know where the safe is and everything, but if the people there, you know, identify me that they would -- that he would have to kill the people. And I just said, 'O.K.,' you know and walked off from him.'"

Brenda Mathis testified that on the Saturday night after the crimes were committed, she and the appellant went with Richard Whitley to a club called Screamin' Willie's. They stayed until the club closed at 2:00 a.m. On the way back, the appellant said he was tired of Clinton Layfield's "bad mouthing" him. He said it was about his buying a gun from Layfield. They went to Layfield's apartment, and the appellant set it on fire.

On the following Monday, a news report came on television in which it was stated that there was believed to be some connection between the fires and the murders. Brenda informed the appellant of this. He said that he was going out to get a cup of coffee, and that was the last time she saw him.

She subsequently went to Tommy Cargill's to try to find out where the appellant was. When he would not tell her, she threatened to go to the police. Tommy said, "'Don't go to the police. It will just make things worse for us. We've got enough on us.'"

Walter Holler testified that he encountered the appellant at Screamin' Willie's on the Saturday night after the murders. He approached the appellant, propped his arm on the appellant's shoulder, and said, "How about it, David?" The appellant responded, "'Get out of my face. I killed two. One more wouldn't matter.'"

The appellant was subsequently arrested on February 13, 1985, at a motel in Columbus, Georgia. Numerous, heavily armed law-enforcement officers were used to effect the arrest. After being arrested, the appellant was read his Miranda rights both before and after being placed in the patrol car.

However, he was not interrogated until approximately 40 to 45 minutes after his arrest at police headquarters. The interrogation was conducted by Columbus Police Department Detectives Rudolph Lovell and Eugene Allmond. The appellant was again read his rights by Detective Allmond, and he indicated that he understood them.

Detective Allmond began the interrogation. He showed the appellant photographs of Danny and Cheryl Williams, both before and after they were murdered. Detective Allmond discussed the stolen Ford pickup truck, the murder weapon, and certain items of clothing which the appellant had been wearing on the night of the murders.

Detective Lovell brought Brenda Mathis into the room; he told the appellant what had been related to him; and he asked Brenda Mathis, "Is what I have just said true and do you intend to testify to that in court?" She looked at the appellant and said, "Yes, it's all true and I will testify to it in court."

Detective Allmond told the appellant what the appellant's brother Tommy had said. The appellant responded, "All of you son of a bitches are alike. The only time [he] would've said anything to you is if you beat hell out of him . . . I don't care what you say, I don't know what you're talking about and I'll admit it -- I mean I'll deny it to my dying day . . . f--- you." At this point, Detective Allmond left the room and Detective Lovell began interrogating the appellant.

Detective Lovell brought a tape recorder into the interrogation room, and he played a taped message from Tommy Cargill to the appellant, which reads as follows: Uh, David, this is Tommy. I wanted you to know I didn't want to tell them all this stuff, but I got to thinking about all of it and I've done some serious thinking. Right now, buddy, you're the only hope I got. They've got me charged with it. The only way they can clear me with it is for you to tell them that you done it. I don't know if you'll do that or not, but I'd appreciate it if you would. It's hard for me to ask you to do something like this after I done went and told on you and all, but right now you're the only hope I've got, buddy. "David, I want you to think about something. I know you don't have a family and all, but I've got a little girl and one day I want to get out and see her; but as it stands, unless you tell them, there ain't no way I'll ever be able to do that, buddy. I don't know if you love your old lady and that little boy or not, but I wouldn't take nothing in the world for mine."

Tommy Cargill was then brought into the interrogation room. He and the appellant talked. The appellant asked Tommy if he had been hurt. Tommy responded, "No, man, they've treated me real nice and no one's laid a hand on me."

Tommy apologized to David for what he had told the police. David asked him if they had told him that Richard was dead. n2 He responded that they had. David then asked him if he had told them before or after they told him about Richard. He responded, "After." Tommy then said, "David, I'm sorry, but I have a little girl and I want to get out of jail some day. If you don't tell them that you shot them, I'm going to the electric chair." At that time, David "teared up." Tommy left.

David Cargill was convicted of robbing and killing a Columbus couple in January 1985. Cargill and his brother, Thomas, both of Phenix City, Ala., were convicted of the execution-style shooting deaths of Cheryl and Danny Williams during a robbery at the service station where Mrs. Williams worked.

The Williams' were killed Jan. 22, 1985, during a robbery of the Premium Oil Co. service station. Each was shot twice in the back of the head. The brothers were accused of stealing $482.79 from the store's coffers and a $30 knife from Danny Williams, 41. Mrs. Williams was 29 years old when she was killed. The couple had 4 children, boys ages 2-10.

Cargill was sentenced to death in July 1985. His brother was given a life sentence for the crime.