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George Bernard
HARRIS
A.K.A.: "Baby"
Classification: Murderer
Characteristics: Revenge
Number of victims: 1
Date of murder:
March 11,
1989
Date of arrest:
4 days after
Date of birth:
February 9,
1959
Victim profile: Stanley "Hank" Willoughby
Method of murder:
Shooting (.41
caliber Rugar Blackhawk magnum
revolver)
Location: Kansas City, Missouri, USA
Status: Executed
by lethal injection in Missouri on September 13,
2000
United States Court of
Appeals For the Eighth Circuit
Harris won money playing craps and used it to buy 2 machine guns.
After giving them to a friend, Michael Taylor, for safekeeping, he
came back later demanding the firearms.
Stanley "Hank" Willoughby had assisted Taylor in hiding the firearms,
and Willoughby was aided by two children. When Willoughby told
Harris that he did not know where the firearms were, the argument
grew heated. Harris pulled a .41 revolver and shot Willoughby in the
face.
Harris was arrested 2 weeks later for an armed robbery in Columbia.
In 1982, Harris was convicted of Robbery in the First Degree and
sentenced to 8 years imprisonment.
State of Missouri v.
George B. Harris
870 S.W.2d 798 (Mo.banc 1994)
Case Facts:
George Bernard "Baby" Harris hit a lucky streak
on the morning of March 11, 1989. He won some money shooting craps.
In fact, he won enough money that people noticed it and figured he
had a little to spare.
A man who needed money asked Harris to let
him "pawn" two machine guns, an Uzi and a .45 caliber Thompson
automatic machine gun. Harris agreed, gave the man $500 in return
for the machine guns and took them to the trunk of his car.
Harris walked back toward the crap game, worried
that someone would steal the guns from his car. When he saw Michael
Taylor, he asked Taylor if he would keep the machine guns for him.
When Taylor agreed, Harris followed Taylor to Taylor’s house with
Rodney Butler, Ross Talliferro and Stanley "Hank" Willoughby.
When
Harris arrived, Taylor asked Willoughby to come down to Harris’ car.
Harris spoke to Willoughby, removed a box containing the machine
guns from the trunk and handed it to Willoughby. Willoughby walked
toward the house with the weapons. Rodney Butler, who was sitting on
the porch, asked Willoughby not to bring the guns in the house.
Willoughby handed the box containing the machine guns to Cortez and
Anthony Taylor, Michael Taylor’s younger brothers. Willoughby told
the boys to hide the guns somewhere near the house. Harris left.
Cortez and Anthony took the box from Willoughby and hid it under
some bushes in the backyard. The young Taylors left without telling
Willoughby where they hid the guns.
At about 8:00 p.m., Harris returned looking for
Michael Taylor. Butler answered the door and indicated that Taylor
was upstairs sleeping. Harris went upstairs and told Taylor he had
come to pick up the guns. When Taylor told him that he did not know
where the guns were, Harris insisted that he needed them right away.
At some point during the day Harris had suffered
the grave injustice of being called a "punk" and told Taylor that he
was going to do a "drive-by" shooting to show "them" that he was not
a punk. Taylor told Harris to ask Willoughby about the machine guns
when Willoughby returned from "picking up some girls." Harris went
downstairs.
Taylor stayed in bed. Some time later, Harris yelled for
Michael Taylor to come downstairs. When Taylor came down, he found
Harris and several other people downstairs including Willoughby,
Ross Tilliferro, Delmar Hatcher, Deonna Jacobs, and "Ingrid" and
Jarlath Potts.
Harris asked Taylor for his guns. Taylor again
told Harris to ask Willoughby. Willoughby explained that he did not
know where the guns were because Anthony and Cortez Taylor had
hidden them. Harris insisted that he wanted his guns and that he
wanted them now. Willoughby went outside to look for the guns.
Harris was heard to say, "I’m going to kill that nigger." Talliferro,
Hatcher, and the two girls went upstairs. Five minutes later,
Willoughby returned without the guns. Butler left to look for them.
At this point, there were only three people
remaining on the living room area: Michael Taylor, George Harris,
and Hank Willoughby. Willoughby told Harris that if he wanted his
guns, he would have to wait until Anthony and Cortex came back.
Harris insisted on getting his guns right away. Willoughby said, "Well,
I can’t help you."
Harris got up from the chair and pulled a .41
caliber Rugar Blackhawk magnum revolver from his waistband, and shot
the victim in the lower face and neck. The bullet passed through
Willoughby’s carotid artery. Willoughby staggered next door to
Michael Taylor’s house and collapsed on the steps.
A few minutes
later, the police and ambulance were called. Meanwhile, Butler
returned with the guns and placed them on the porch and ran inside.
Harris took the guns and drove away, ultimately
making his way to Sabrina Lowe’s apartment. From there, Harris and
Lowe went to the Champagne Lounge looking for a man named "Rudi".
Harris told Lowe he intended to kill Rudi and had bought the machine
guns for that purpose.
Willoughby died before he reached the
hospital. Law enforcement arrested Harris in Columbia, Missouri on
March 15, 1989, after Harris and others had committed on armed
robbery there.
George Harris was born on February 9, 1959 in
Newport, Arkansas.
Legal Chronology:
On February 26, 1976 Harris was arrested in
Kansas City, Missouri for Robbery First Degree.
In September, 1976, Harris was sentenced to eight years in the
Missouri Department of Corrections.
On March 19, 1982, Harris was arrested in Columbia, Missouri, for a
Murder First Degree charge from the incident that occurred on March
11, 1989 in Kansas City, Missouri.
On February 12, 1990, Harris was convicted of Murder First Degree
and sentenced to death.
On April 26, 1989, Harris was arrested in Columbia, Missouri, for
Robbery First Degree and Armed Criminal Action.
On October 2, 1989, Harris was sentenced to twelve and three year
concurrent sentences in the Missouri Department of Corrections.
1989
3/11--George Harris murders Stanly "Hank" Willoughby in Kansas City,
Missouri.
3/22--Harris was indicted on one count of Murder First Degree and
one count of Armed Criminal Action in the Jackson County Circuit
Court.
1990
2/5 --Harris' trial begins in the Jackson County Circuit Court
2/10--The jury finds Harris guilty of Murder First Degree
2/12--The jury returned a sentence of death for the murder of
Stanley Willoughby.
7/30--Harris is sentenced to death by the circuit court judge.
12/5--Harris files a motion for postconviction relief.
1992
1/15--The Jackson County Circuit Court denied Harris' motion for
postconviction relief.
2/22--The Missouri State Supreme Court affirmed Harris' motion for
postconviction relief.
1994
10/17--The United State Supreme Court affirmed Harris' judgement of
conviction and sentence and affirmed the denial of Harris'
postconviciton relief motion.
10/28--Harris filed a petition for writ of habeas corpus in the
United State District court for the Western District of Missouri.
1996
11/11--The United State District court denied Harris' petition for
federal habeas relief.
1999
7/13--The United States District Court denied Harris' petition for
federal habeas relief.
8/31--The United States Court of Appeals for the Eighth Circuit
denied Harris' motion for rehearing and suggestions for en banc
review.
2000
1/10--The United States Supreme Court declined to review Harris'
habeas petition.
2/14--The United States Court of Appeals for the Eighth Circuit
denies motion to recall the mandate.
3/23--The United States District Court denies Harris' motion for
relief from judgement.
5/9--The United States Court of Appeals for the Eighth Circuit
denies motion for rehearing or en banc.
8/14--The Missouri State Supreme Court issues order and warrant of
execution setting September 13, 2000, as Harris' execution date.
ProDeathPenalty.com
George Bernard "Baby" Harris won some money
shooting craps on the morning of March 11, 1989.
A man who needed money asked Harris to let him "pawn"
two machine guns, an Uzi and a .45 caliber Thompson automatic
machine gun. Harris agreed, gave the man $500 in return for the
machine guns and took them to the trunk of his car.
Harris walked back toward the crap game, worried
that someone would steal the guns from his car. He asked a friend,
Michael Taylor, if he would keep the machine guns for him. When
Taylor agreed, Harris followed Taylor to Taylor's house with several
other men, including Stanley "Hank" Willoughby.
When Harris arrived, Taylor asked Willoughby to
come down to Harris' car. Harris spoke to Willoughby, removed a box
containing the machine guns from the trunk and handed it to
Willoughby.
Willoughby walked toward the house with the
weapons. Another man, who was sitting on the porch, asked Willoughby
not to bring the guns in the house. Willoughby handed the box
containing the machine guns to Michael Taylor's younger brothers.
Willoughby told the boys to hide the guns somewhere near the house.
Harris left.
The boys took the box from Willoughby and hid it under
some bushes in the backyard. The young Taylors left without telling
Willoughby where they hid the guns.
At about 8:00 p.m., Harris returned looking for
Michael Taylor. Someone else answered the door and indicated that
Taylor was upstairs sleeping. Harris went upstairs and told Taylor
he had come to pick up the guns.
When Taylor told him that he did not know where
the guns were, Harris insisted that he needed them right away. At
some point during the day Harris had been called a "punk" and told
Taylor that he was going to do a "drive-by" shooting to show "them"
that he was not a punk.
Taylor told Harris to ask Willoughby about the
machine guns when Willoughby returned from "picking up some girls."
Harris went downstairs. Taylor stayed in bed.
Some time later, Harris yelled for Michael Taylor
to come downstairs. When Taylor came down, he found Harris,
Willoughby and several other people downstairs. Harris asked Taylor
for his guns.
Taylor again told Harris to ask Willoughby. Willoughby
explained that he did not know where the guns were because Taylor's
brothers had hidden them. Harris insisted that he wanted his guns
and that he wanted them now. Willoughby went outside to look for the
guns. Harris was heard to say, "I'm going to kill that nigger."
Four of the other people in the house went
upstairs. Five minutes later, Willoughby returned without the guns
and another man left to look for them.
At this point, Michael Taylor, Hank Willoughby
and another man were the only three people remaining on the living
room area. Willoughby told Harris that if he wanted his guns, he
would have to wait until the brothers came back.
Harris insisted on getting his guns right away.
Willoughby said, "Well, I can't help you." Harris got up from the
chair and pulled a .41 caliber Rugar Blackhawk magnum revolver from
his waistband, and shot the victim in the lower face and neck. The
bullet passed through Willoughby's carotid artery. Willoughby
staggered next door to Michael Taylor's house and collapsed on the
steps. A few minutes later, the police and ambulance were called.
Meanwhile, the other man who had gone out to look
for them returned with the guns and placed them on the porch and ran
inside. Harris took the guns and drove away, ultimately making his
way to a female friend's apartment.
From there, Harris and his friend went to the
Champagne Lounge looking for a man named "Rudi". Harris told her he
intended to kill Rudi and had bought the machine guns for that
purpose. Willoughby died before he reached the hospital.
Law enforcement arrested Harris in Columbia,
Missouri on March 15, 1989, after Harris and others had committed an
armed robbery there.
Death Penalty News
EXECUTION VIGIL ALERT - George B. Harris
WHEN: 9/13/2000, 12:01 am (protest events Tues.
9/12) After giving some guns to a friend, Michael Taylor, to hold on
March 11, 1989, Harris asked for them back to avenge an insult only
to learn that Taylor had given them to Stanley "Hank" Willoughby to
hide, who had given them to two children, who were away. As the
argument grew heated, Harris pulled out a revolver and shot
Willoughby, who died before reaching the hospital.
Issues: (1) Lack of premeditation, a requirement
for capital punishment. Harris had no record of violent crime
although he did have a record of property crimes. Although he had
expressed intent to kill the person who had insulted him, in fact he
didn't. Therefore the charge should have been less, without a death
penalty.
In fact Harris claims that he feared Willoughby was
threatening him. (2) Inadequate counsel: defense counsel should have
produced the witnesses who could have corroborated Harris' fear that
Willoughby was threatening him and that he fired only one shot. (3)
In an election year, clemency is less likely than in other years.
Petition for Executive Clemency
Harris's conviction arose from the shooting of
Stanley Willoughby in the living room of a drug house owned by
Michael Taylor in Kansas City. The shooting took place on the
evening of March 11, 1989, during an argument between Harris and
Willoughby regarding Willoughby's failure to return a pair of guns
owned by Harris.
Harris, testifying on his own behalf at trial,
explained that during the course of the argument Willoughby appeared
to reach for his gun. In reaction, Harris jumped up from his chair,
moved sideways, and fired one shot in an effort to stop Willoughby.
No other shots were fired.
Michael Taylor, who acknowledged that Willoughby
had been his best friend, was the only eyewitness besides Harris who
testified at Harris's trial.
Taylor, who was also a drug dealer,
told a different version of events, namely that the shooting was
unprovoked and sudden. Although the police report identified several
possible eyewitnesses to the shooting, only Harris and Taylor
appeared at trial.
Ben Brown, who was in the house that evening and
witnessed the shooting, was not contacted by Harris's trial counsel
and did not testify at his trial. Had he been called, Brown would
have stated that Willoughby was the aggressor in the dispute and
appeared to be reaching for a gun when Harris jumped up and shot him.
After hearing eyewitness testimony only from
George Harris and Michael Taylor, the jury found Harris guilty of
first degree murder and sentenced him to death. His appeals to the
Missouri Supreme Court and his habeas corpus petitions to the
federal courts with appropriate jurisdiction have been unavailing.
See State v. Harris, 870 S.W.2d 798 (Mo. 1994); Harris v. Bowersox,
184 F.3d 744 (8th Cir. 1999). Mr. Harris has exhausted all legal
remedies available to him. Therefore, for the following reasons,
executive clemency is warranted.
GEORGE HARRIS'S ACTIONS DO NOT WARRANT A FIRST
DEGREE MURDER CHARGE, AND LIKELY WARRANT NO MURDER CHARGE AT ALL
First degree murder, with the possibility of a
death sentence, is an unusual, statutorily created category of
homicide allowing the most severe punishment for extremely heinous
crimes. The essential element of first degree murder is cool,
unimpassioned premeditation, sometimes called "malice aforethought."
In Harris's case, even assuming all the state's evidence against him
to be true, Harris shot Willoughby suddenly during a quarrel. This
inescapable fact compels the conclusion that Harris was not acting
with cool premeditation.
Under Missouri law, a person commits first degree
murder when he "knowingly causes the death of another person after
deliberation upon the matter." Mo. Rev. Stat. § 565.020(1) (1994).
The Missouri Supreme Court describes the deliberation necessary for
a first degree murder charge as a "cool and deliberate state of mind."
State v. Simmons, 955 S.W.2d 729 (Mo. 1997).
The element of
deliberation is what separates first degree murder and second degree
murder; only first degree murder requires unimpassioned
premeditation that the law calls deliberation. See State v. Rousan,
961 S.W.2d 831 (Mo. 1998).
George Harris shot Stanley Willoughby in the
living room of a crack house during an argument. Willoughby was the
"doorman" at this crack house, and was well known as a tough,
violent character. Ex. A at 1. Kendra Remmer, Willoughby's
girlfriend and mother of three of his children, stated in an
affidavit that he almost always carried his 9mm Beretta with him and
that he was well known as a tough and violent fighter. Ex. B at 1.
The prosecution presented no evidence that Harris, prior to the
evening in question, had ever met Willoughby, much less that he had
any reason to want to kill him.
Harris had left two guns for safekeeping at the
home of Michael Taylor. When he went to Taylor's house that evening
to retrieve his property, Willoughby was at his post; when he could
not produce the property, an argument ensued. The argument
apparently lasted several minutes, and got quite heated, with raised
voices and threatening gestures. See State v. Harris, 870 S.W.2d
798, 804 (describing the facts of the case); Ex. A at 2.
The record
contains inconsistent statements about the exact number of witnesses,
but it is clear that several bystanders were present in the
downstairs area of Taylor's house. It was in the downstairs living
room of this drug house, and during the heated argument, that
Willoughby appeared to reach for his waist, where he was known to
keep his gun, and Harris fired a single shot that proved fatal. Ex.
A, Affidavit of Ben Brown, at 1-3; Ex. C, Trial Transcript at
873-76.
That Harris shot and killed Stanley Willoughby is
not in dispute; but his state of mind when he did so presents the
crucial distinction between a lawful first degree murder charge and
a mere second degree murder case. The evidence showed that Harris
shot Willoughby in the midst of an argument. This obviously fails
the test of a killing that follows cool, unimpassioned deliberation
upon the matter.
The death sentence imposed on Harris for his
actions that evening is grossly disproportionate to his crime, and
to carry it out would result in a miscarriage of justice.
Furthermore, there is substantial evidence that
Harris acted in self defense. The issue of self defense is normally
a question decided by the trier of fact. In this case, the jury
essentially had to choose between Michael Taylor's version of the
events and Harris's, since neither side presented corroborating
evidence or testimony.
The crucial evidence to corroborate Harris's
testimony was available through the disinterested witness Ben Brown.
Harris's trial counsel did not even contact Mr. Brown, however, and
as a result, the jury never heard his evidence that Harris acted in
self defense.
Upon being contacted by current counsel assigned to
the case after the trial, Brown stated that he saw the shooting and
that Willoughby appeared to be reaching for his gun when Mr. Harris
shot him. Thus, given this fresh information that has come to light,
granting executive clemency would not overrule any decisions made by
the jury, but would simply take into account compelling information
that the jury never heard.
Execution Date Set for KC Man Convicted in Murder
Case
Kansas City Star
August 16, 2000
The Missouri Supreme Court on Wednesday set a
Sept. 13 execution date for a Kansas City man convicted of murder.
George Bernard Harris, 41, was convicted for the 1989 slaying of
Stanley Willoughby. Willoughby was killed in Kansas City after he
failed to produce machine guns given to him by Harris for
safekeeping. Harris was arrested four days after the shooting,
following the armed robbery of a Columbia grocery store.
During his trial Harris admitted killing
Willoughby but said it was in self-defense during an argument in a
drug house. "I was afraid for my life," he testified.
At the time,
Harris had gained a reputation as one of the most prolific robbers
in recent Kansas City history. He had five felony convictions but
had beaten at least four armed-robbery charges. Authorities called
him the "top of his field." Defense attorneys said the previous
convictions influenced the jury to find him guilty.
Harris, who is scheduled to be executed at the
Potosi Correctional Center, was convicted in Jackson County on
charges of first-degree murder and armed criminal action.
Harris'
execution would be the first one involving a Jackson County case
since Roy Ramsey Jr. was put to death on April 14, 1999. Ramsey was
convicted of slaying Garrett and Betty Ledford in their Grandview
home.
