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J. C. LEVICE
 
 
 
 
 

 

 

 

  
 
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: January 8, 1942
Date of birth: August 26, 1920
Victim profile: Coy Collier Qualls (taxi driver)
Method of murder: Beating with a rock and a bottle
Location: Cochise County, Arizona, USA
Status: Executed by asphyxiation-gas in Arizona on January 8, 1943
 
 
 
 
 
 

J. C. Levice, Charles Sanders and Grady B. COLE

Regarding the above named defendants, please be advised of the following facts:

The Texas authorities discovered an automobile in Texas covered with blood near a bus station. A check was made and they discovered that the driver was from Fry, Arizona. They wired to Fry, Arizona, to determine if anyone was missing there.

It was then found that Coy Collier Qualls, the deceased, had been missing a few days, he being the owner of the automobile according to the tag on the steering post. The Fort Huachuca authorities found that the three individuals named hereinabove were AWOL, and also found their home addresses to be in Texas.

The Texas authorities immediately arrested the three defendants and secured a confession from each of the three of them, in effect as follows:

The three defendants secured the services of Coy Collier Qualls and his taxi on the night of January 7, 1942, to take them to Maco, Arizona, without their having secured permits to leave the Post.

They returned to Fort Huachuca early on the morning of January 8, 1942. They then determined to take the day off and go to Douglas, Arizona, to do some more drinking and dancing. Grady B. Cole had given Qualls his watch to hold as security for money to be paid later for the transportation to be furnished.

Qualls was waiting for them at the Post gate after they had secured a loan of further monies in the Fort from friends. Before they left the Post and got into the automobile it was stated by Charles Sanders that they discussed the matter of killing and robbing Coy C. Qualls. Grady B. Cole picked up a rock near the Post Exchange which fitted into his hand neatly for the purpose of using it as a club.

On the way into town Coy C. Qualls purchased some gin with the money of the defendants which the four of them, including Qualls, were drinking. According to their statements they told Qualls (according to their prearranged plan) on the road to Douglas that they had to answer a call to nature.

Immediately  upon his stopping the automobile, Grady B. Cole struck him with a rock and Charles Sanders struck him with a bottle. Coy Collier Qualls got out of the car and Grady D. Cole and Charles Sanders then began striking, beating and kicking him in the course of which he was knocked down. Grady B.Cole stated that A C. Levice kicked the driver, Qualls, when he was down. (Levice and Sanders denied striking deceased at any time).

The blow on the right side of the head of the deceased after examination by a physician was determined to have been made with a bottle which Sanders was to have been carrying at that time. The bottle neck in our possession is covered with blood which would indicate that the bottle was used to beat deceased with, and in view of the fact that Grady B. Cole used the rock, Sanders must have used the bottle, and according to the confessions, Levice kicked the deceased and struck him also.

The body of the deceased was then loaded into the automobile and the three defendants continued on the road, Grady B. Cole sitting in the back of the car with his feet on the deceased, and according to the statements, kicking the deceased's head in. Grady B, Cole also thinking that possibly Qualls was not dead, had pulled out his pocket knife and pushed it into the throat on the right side of deceased's body. He then threw the knife away.

The money of deceased was extracted from his body and turned over to J. C. Levice, who was apparently driving. All three of the defendants participated in the loading of the body into the automobile and the unloading of the body from the automobile.

The body was taken about nine miles on the other side of Douglas and dragged off into the bushes where it remained for about four days; that is to say, until after the apprehension of the defendants and their confessions as to the above stated facts, at which time they told where the body was.

The County Attorney’s Office entered a complaint in the Superior Court on the 17th day of January, 1942, and defendants being represented by counsel, J. D. Taylor of Tombstone, Arizona, waived preliminary hearing in the Superior Court and were bound over for trial in the Superior Court by Judge John Wilson Ross.

It was then indicated by the defendants and their attorney that they wished to enter a plea of guilty and throw themselves on the mercy of the Court. An information was then filed by the County Attorney's Office on January 17, 1942, at which time defendants and their attorney, J. D. Taylor in their behalf, entered a plea of guilty to the charge of murder.

On January 21, 1942, the Court held a hearing on the matter of the culpability of the three defendants in order to determine if there were any mitigating circumstances to be considered on their behalf. The County Attorney's Office presented certain facts to the Court and a statement was made to the Court by John Pintek, County Attorney, Each one of the defendants was then permitted to state whatever he wished to the Court and also their attorney was permitted to make a representation on their behalf.

The Court after having examined the facts and heard the statements then passed sentence of death on the three named defendants on the 21st day of January, 1942, with the sentence of death to be executed on the 3rd day of April, 1942, at the state prison.
 

 
 
 
 
 
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