He reads the dictionary and drops big words
into conversation like cacophony, copious and
manifest, but Leo Gordon Little III's most striking statement
is a simple one.
"I like life — even in here," says death row
inmate No. 999302, once a wannabe Crip from San Antonio who shot a
young ministerial worker in 1998.
Now 24, Little talks about studying language,
math, history and religion — discovering the world from inside a
5-foot-wide cell even as the nation debates whether it's
acceptable to execute him and 71 other killers condemned as
juveniles.
The U.S. Supreme Court could decide as soon as
Tuesday whether capital punishment should apply to criminals who
were so young when they lashed out that their brains may not have
been fully developed.
The case of the Missouri convict Christopher
Simmons is the oldest on the court's docket — a sign that the
justices, who are often split when it comes to the death penalty,
may again be sharply divided.
Always a polarizing topic, the death penalty
debate only intensifies when it comes to kids who kill. It pits
parental instincts against the demands of justice and in the
process raises tough questions in the murky middle ground between
science and ethics.
Texas has conducted most of the country's
juvenile executions — nearly two-thirds — in the past 30 years.
And it has joined Missouri and six other states in defending the
practice at the Supreme Court.
The ruling could spare two juvenile offenders
from Bexar County. One is Randy Arroyo, who at 17 carjacked an Air
Force captain and, according to testimony, told his friend to
shoot when the officer tried to escape.
Leo Little is the other.
Whether Little should live or die seemed a
relatively simple question when it was posed to Bexar County
jurors on March 5, 1999.
Little's crime eclipsed his age, said one of
the defense lawyers, Jeff Scott.
"He stalked this guy and led him around town,
made him use his credit card to buy gas, then took him out and
shot him in the middle of nowhere and then drug him off the side
of the road so nobody would find him.
"And when someone did find him the next morning,
the poor kid was still alive and, all night long, had been trying
to get up," Scott said.
Adolescent brains
The Supreme Court reinvigorated the debate over
the juvenile death penalty two years ago when a narrow majority of
justices decided it was cruel and unusual to execute mentally
retarded murderers.
Convinced that the nation had come to view
mentally retarded convicts as less culpable than the average
criminal, the justices opened the door to similar arguments about
juveniles.
For one, research has shown that the parts of
the brain in charge of impulse control, judgment and mature
reasoning aren't fully developed in late adolescence — perhaps why
drivers between 16 and 19 are most at risk of accidents.
Secondly, opponents cited several figures to
argue that national support for executing juveniles had eroded in
recent years. For example:
The 19 states with capital punishment for
juveniles have applied it less often. Only two adolescents were
sent to death row in 2003 — a decline considered significant even
after taking into account the falling murder rate.
Just three states — Texas, Virginia and
Oklahoma — have actually executed a juvenile offender in the last
11 years.
The cause of the decline is unclear. One study
found small but statistically significant evidence that, when
wrongful convictions came to light, death sentences for juveniles
decreased.
Whatever the reasons behind the decline, its
message is clear, according to some opponents of capital
punishment for juveniles.
"It goes to show people don't want to do it
anymore," says Stephen Harper, an expert on the juvenile justice
system who teaches at the University of Miami School of Law.
Skeptics say death-penalty opponents overstate
the trends and scientific findings.
The research also shows that brains are
generally almost 95 percent complete by age 17.
While parts of the brain that control impulses
and measure risks versus rewards may still be developing in
adolescents, 17-year-olds are advanced enough to understand morals
— basic right and wrong.
"A moral sense is one of the first things to
develop," said Jerome Kagan, a Harvard University psychology
professor. "Five-year-olds know killing is wrong."
The science is also inexact. Some brains
develop faster than others.
Accordingly, juveniles should be evaluated
individually, said Robert Blecker, a New York University law
professor who supports capital punishment for only the worst
slayings.
Take for example, he said, Mark Anthony Duke of
Alabama.
According to Alabama prosecutors, Duke was 16
and tired of being bossed around when he arranged the quadruple
murder of his dad, his dad's girlfriend and her daughters, ages 6
and 7.
Duke's crime "shows careful planning,
callousness, a depravity that unquestionably marks him as one of
the worst," Blecker said.
Bexar County case
There are those who might say the same of Leo
Gordon Little. But at first, he just seemed to be a troubled kid.
Sometime after his dad left when he was 10, the
boy known as Gordy became the angry, depressed and explosive loner
described at 13 in an evaluation by school psychologists.
Though his IQ was average at 91, he was labeled
"emotionally disturbed" and put in special education classes at
Sul Ross Middle School.
Years later, after the murder, his anguished
mother would rack her brain trying to understand the violence in
her son: Was he furious at his father's withdrawal?
Was he angry that her work as an insurance
clerk left little time for attending to three children? Or was he
damaged by blows to the head — once when a baby sitter dropped him
as a baby and once when his sister hurled a sugar jar at him?
As a teenager, he gouged holes in walls at home
and, according to court documents, punched a sister in the head
and threatened his mom with a knife.
"I have a big temper," he was quoted as saying.
"When somebody gets me mad I go wild ..."
He exemplified findings of a recent study of
juveniles on Texas' death row: 13 of 18 evaluated were identified
as having had emotional problems by sixth grade.
While the study, led by Yale psychiatrist Dr.
Dorothy Otnow Lewis, found that 15 of 18 showed signs of serious
mental illnesses while in prison, only four of 18 had undergone
psychiatric examinations before trial.
Back in 1993, Northside School District's
report recommended Little be put in therapy — he never was — and
predicted gang involvement, drug use and trouble with the law.
Arrests for shoplifting and trespassing soon
followed. As did experimentation with drugs. First marijuana and
later cocaine, heroin, acid and at least one toke of crack.
When the dope ran out, Little inhaled whatever
he could find — kerosene, gasoline, spray paint, lighter fluid,
felt markers, air freshener, White Out, Freon and nitrous oxide.
Inhalants are known to cause at least mild
brain damage.
In Little's case, what's certain is this: Drugs
kept him from following his father's footsteps into the Marine
Corps. He tried to enlist but failed the drug test.
Rejected by the military, Little joined a gang
of sorts. He was given the name Li'l Crazy. He painted his room
blue, the gang's color, and began filling a notebook with rap
lyrics:
I may be small but I'm (expletive) crazy
Been smoking herb and my mind is kind of hazy
With all that (expletive) filling up my head,
as a Crip,
I'm always ready to kill mother (expletive)
dead.
Looking back, Little's mom, who asked that her
name not be published to avoid embarrassment at work, says, "I
would've been more alert. I would've brought myself out of the
dark ages and educated myself more on things to look for. I
would've paid more attention to him."
Little's father shares some of the same regret.
Leo Gordon Little Jr. says his job as a bus
driver too often took him away from his children. And, even when
he was home, he would let long stretches pass without seeing his
son.
When they did spend time together, the father
found the adolescent surly and beyond reach; he seemed to have a
warped concept of life too common among teenagers.
"They think life is a Nintendo game where if
someone gets killed, you press restart and they pop up again," he
said.
Juries and death sentences
Perhaps no one can articulate the terror
wreaked by Leo Little better than Malachi Wurpts.
A week before Little became a killer, Wurpts
woke up around 2 a.m. to find the teenager standing at the foot of
his bed and pointing a gun at him.
The 25-year-old computer programmer had
returned from the airport a few hours earlier and, exhausted from
traveling, forgot to lock his door.
Little forced Wurpts to drive from his gated
Medical Center-area apartment complex to two ATMs and withdraw
$400.
Then, with a small silver .25-caliber automatic
pistol stuck into Wurpts' side, Little guided him to a rural area
and left him there, ditching his burglarized car more than a mile
away and fleeing with an accomplice.
To Wurpts, Little didn't seem high on drugs.
Wearing a baseball cap pulled low, the gunman seemed forceful and
intent.
Wurpts prayed silently and obeyed as Little
barked orders: Get up. Get dressed. Don't look at me.
"If I get caught, I'm not going down for
robbery," Wurpts remembered Little warning him. "I'm going down
for murder."
Prosecutors and jurors were willing to oblige
that wish when Little was charged with the January 1998 kidnapping
and slaying of Antonio Christopher Chavez, a 22-year-old
ministerial servant for a Jehovah's Witnesses congregation.
The trial featured testimony from friends
Little visited after the slaying, videotape of Little with Chavez
in a convenience store and Little's own confession.
An acquittal seemed out of the question. The
defense lawyers hoped only to spare Little the death penalty and,
during the trial's punishment phase, he took the stand to
apologize.
"I didn't want to hurt him," Little told
Chavez's family. "Something took over me that night."
The jurors were not impressed. Not by Little's
remorseful words. Or by his baby face.
What stuck most in their minds, several jurors
recalled, was how the videotape showed a dark blotch on Chavez's
gray slacks. The victim was so scared he had lost control of his
bladder.
Chavez's mother said the family couldn't bear
to discuss the tragedy yet again. Six months ago, Antonio Chavez
Sr. spoke with a reporter about his grief.
"The pain and agony never leaves," Chavez said.
"Time only helps you adjust and cope with that pain. It never
eliminates it."
Age was not mentioned during the deliberations.
No juror believed Little would change, said one of the jurors,
Daniel Mere.
"It felt like Mr. Little had no remorse
whatsoever," he said. "The whole case he sat there and basically
he had that kind of thug-punk attitude."
It was different at Randy Arroyo's trial.
Several jurors were crying when they returned with death sentences
for the skinny and bookish Arroyo and his accomplice, Vincent
"Flaco" Gutierrez, who was the shooter.
Gutierrez was 18 when they carjacked Air Force
Capt. José Renato Cobo in March 1997 and left the officer dying in
the rain and morning rush-hour traffic on Loop 410.
During deliberations, two jurors argued that
Arroyo deserved a life sentence because he was young. One, Leticia
Puente, reluctantly changed her mind because of sentencing
guidelines:
If someone's found to be a continuing threat to
society and there aren't mitigating circumstances, Texas law
demands the death penalty.
"That trial was the hardest thing I've ever
done," said Puente, 48, then a Wal-Mart sales clerk who suffered
stress-related nosebleeds throughout the trial.
Other jurors ganged up on the lone holdout, a
schoolteacher, until she relented, Puente said.
Arroyo's mother died of AIDS when he was 12 and,
according to his brother and sister, his father was an alcoholic.
"I really didn't have no teenage years for the
simple fact that my mother passed away, so I was growing up by
myself," Arroyo said in a death row interview last week. "When I
first moved into my neighborhood, our clothes were stolen off the
clothesline. So the mentality is, 'Well, I'm going to steal it
right back.' There's no, 'Well, I'll feel sorry for him,' when I'm
doing so bad already, I'm down on my knees."
'The right factors'
Six years after Leo Little arrived on death row,
there is no sign of the thug who chose a stranger at random and
killed him — at least not when a reporter and photographer come to
visit.
The thick plastic window of the visiting booth
reveals only a thin young man in a worn white shirt who unlike
many other inmates readily admits his guilt.
Without visible emotion, he acknowledges that
he killed Chavez but says he's a different person today and is
still discovering himself.
"I have a lot more worth now that I've had a
change in mindset — now that I've been given the opportunity over
these past six years to reflect on my behavior, to reflect on the
rights and wrongs of a man in society," he says.
Sounding at times like a philosophy major
puzzling out new ideas, he tries explaining why he squeezed the
trigger.
He had few influences as a child, he says. Had
anyone encouraged him, he might have tried to become a chef.
Instead, he latched onto gangster rap and pals who wanted to live
the lyrics.
Soon, he was one more white suburban kid aping
the bravado of rappers with flashy jewelry and long limousines.
"I didn't have the money, the copious amounts
of money they brag about," he said. "So the next best thing was a
gun."
Once the weapon was in his hand, it was the
final ingredient, mixing with the music and drugs like an
intoxicating cocktail.
After that, it didn't take much.
"You don't need any reasonable reason to flick
your finger, you know, it's real simple. It doesn't need a
philosophy behind it. It doesn't need a why. It happens if the
right factors are present," he said.
The factors fell in place on Jan. 22, 1998,
seven days after he and a friend had left Wurpts, alive but
stranded, on the side of a country road.
Rap songs were ringing in his ears. Cocaine,
marijuana and mescal were flowing through his arteries. Little and
his pal José Zavala began the search for a new victim.
They had stopped to use the restroom at
Maggie's Restaurant on San Pedro Avenue when Little saw a well-dressed
young man go to his car, deposit a bag and return to the
restaurant.
Little scrawled a note to Zavala — follow the
blue car behind us — and crawled into the back seat of the man's
car.
About 10 minutes later, Christopher Chavez
finished dinner with other members of his congregation and
returned to his car without noticing the passenger.
The car had barely left the parking lot when
Little emerged from the shadowy back seat with a gun. They went
first to Chavez's apartment, then to get gas. They drove southeast
for about an hour.
Chavez did as Little commanded until they came
to a stop on an empty stretch of Old Sutherland Springs Road, not
far from where Little had briefly lived with his father.
There, Li'l Crazy marched Chavez in front of
the headlights and told him to kneel so that he faced away from
the gun.
Aiming at the back of Chavez's head, Little
pulled the trigger three times. Fear and excitement mixed with the
stimulants in his system.
With Zavala's help, he dragged Chavez away from
the road, over rocks and weeds to a spot near a barbed-wire fence.
Leaving Chavez to die slowly — he would survive
another two days — the teenagers took the car and headed to a
nearby friend's house.
There, Little would strip the car of its stereo
and, the next day, he would spend Chavez's money on a new set of
tires.
But first, upon arriving at his friend's house,
he played Nintendo. |