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Raymond Dayle
ROWSEY
Classification: Murderer
Characteristics:
Robbery
Number of victims: 1
Date of murder:
March 24,
1992
Date
of arrest:
April
1992
Date of birth:
April 11,
1971
Victim profile: Howard Rue Sikorski,
20 (convenience store clerk)
Method of murder:
Shooting (handgun)
Location: Alamance County, North Carolina, USA
Status:
Executed
by lethal injection in North carolina on January 9,
2004
Summary:
The body of Howard Rue Sikorski was discovered at approximately 2:00
a.m., on the floor of the Circle K convenience store.
An autopsy revealed six gunshot wounds: one to the face, one to the
back of the neck, one to the right side of the head, and three to
the back.
The autopsy also revealed several blunt-force injuries to
the victim’s head and neck area. $57.54 in cash and several adult
entertainment magazines were missing from the store.
Among the missing cash was a two-dollar bill. The store had a record
of the serial number of that bill which allowed police to track it.
Raymond steele, the half-brother of Raymond Rowsey, was apprehended
when he tried to pass the bill. After initially denying any
involvement, Steele eventually revealed that he was with Rowsey at
the Circle K and witnessed him shoot the clerk.
Steele pled guilty to second-degree murder in exchange for his
testimony at trial. A shoeprint found near the victim’s head was
matched to Mr. Rowsey, and he was in possession of the murder weapon
both before and after the crime.
Two inmates at the county jail testified for Rowsey, claiming that
they heard Steele admit that Rowsey was not the shooter.
Citations:
Rowsey v. Lee, 124 S.Ct. 484 (2003) (Cert. Denied). Rowsey v. Lee, 123 S.Ct. 276 (2002) (Cert. Denied). Rowsey v. Lee, 327 F.3d 335 (4th Cir. 2003) (Habeas). Rowsey v. Lee, 117 S.Ct. 1087 (1997) (Cert. Denied). State v. Rowsey, 472 S.E.2d 903 (N.C. 1996) (Direct Appeal).
Final Meal:
Pizza, chicken wings, two packages of peanut M&M candy and a Pepsi.
Final Words:
None.
ClarkProsecutor.org
North Carolina Department of
Correction
Raymond Dayle Rowsey
DOC Number: 0353653
DOB: 04/11/1971
RACE: WHITE
SEX: MALE
DATE OF CONVICTION: 10/01/93
COUNTY OF CONVICTION: ALAMANCE COUNTY
Chronology of Events
1/9/2003 - Raymond Dayle Rowsey executed at 2:00
a.m.
1/8/2003 - Governor Mike Easley denies clemency
1/8/2003 - U.S. Supreme Court votes 5-4 to lift
stay, allowing execution to proceed.
1/8/2003 - U.S. Fourth Circuit Court of Appeals
panel splits 2-1, upholding Judge Boyle's stay.
1/7/2004 - U.S. District Court judge Terrence
Boyle stays Rowsey's execution.
1/7/2004 - Witnesses named for Rowsey execution.
12/1/2003 - Correction Secretary Theodis Beck
sets execution date for Jan. 9, 2004.
11/3/2003 - U.S. Supreme Court denies Rowsey's
petition for a writ of certiorari
7/31/1996 - NC Supreme Court affirms Rowsey's
conviction and sentence of death.
10/1/1993 - Rowsey sentenced to death in Alamance
County Superior Court for the murder of Howard Sikorski.
Date: January 8, 2004, 11:25 p.m.
GOV. EASLEY DENIES CLEMENCY IN ROWSEY CASE
RALEIGH - Gov. Mike Easley today denied the
clemency request of Raymond Dayle Rowsey, a convicted murderer
scheduled for execution at 2:00 a.m. on Friday, January 9, 2004.
Rowsey is on death row for the March 24, 1992,
shooting death of 20-year-old Howard Rue Sikorski in Alamance County.
Rowsey was also convicted of Robbery with a dangerous weapon and
sentenced to 40 years in prison.
"Given the facts and circumstances of this case,
I find no compelling reason to invalidate the sentence recommended
by the jury and affirmed by the courts," said Easley.
U.S. SUPREME COURT - THURSDAY, JANUARY 8, 2004 -
ORDER IN PENDING CASE
03A576 BECK, SEC., NC DOC, ET AL. V. ROWSEY,
RAYMOND D., ET AL.
The application to vacate the stay of execution
of sentence of death entered by the United States District Court for
the Eastern District of North Carolina on January 7, 2004, presented
to the Chief Justice and by him referred to the Court, is granted.
Justice Stevens, Justice Souter, Justice Ginsburg, and Justice
Breyer would deny the application to vacate the stay of execution.
Date: January 7, 2004
Witnesses Selected for Raymond Dayle Rowsey
execution
RALEIGH- Witnesses have been named for the
execution of Raymond Dayle Rowsey, who is scheduled to die by lethal
injection Jan. 9 at 2 a.m. at Central Prison in Raleigh.
Official Witnesses
Robert F. Johnson – District Attorney, Alamance County
Chief Michael Gauldin – Burlington Police Department
Kevin Crowder – deputy chief, Burlington Police Department
Capt. David Hedgecock – Alamance County Sheriff’s Department (former
SBI agent)
Jerry Webster – State Bureau of Investigation (Retired)
Note: Family members of murder victim Howard Rue
Sikorski have indicated they do not wish to witness the execution.
Media Witnesses
John Harbin – The Alamance News, Graham
Sharon Hodge – The Times-News, Burlington
Debra Morgan – WRAL-TV
Estes Thompson – Associated Press
Date: December 2, 2003 - Execution date set for
Raymond Dayle Rowsey
RALEIGH - Correction Secretary Theodis Beck has
set Jan. 9, 2004 as the execution date for inmate Raymond Dayle
Rowsey. The execution is scheduled for 2:00 a.m. at Central Prison
in Raleigh.
On Oct. 1, 1993, Rowsey was sentenced to death in
Alamance County Superior Court for the March 1992 murder of Howard
Rue Sikorski.
Rowsey also received a 40-year concurrent sentence for
robbery with a dangerous weapon. Central Prison Warden Marvin Polk
will explain the execution procedures during a media tour scheduled
for Monday, Jan. 5 at 10:00 a.m.
Interested media representatives
should arrive at Central Prison’s visitor center promptly at 10:00
a.m. on the tour date. The session will last approximately one hour.
The media tour will be the only opportunity to photograph the
execution chamber and deathwatch area before the execution.
Journalists who plan to attend the tour should contact the
Department of Correction Public Affairs Office at (919) 716-3700 by
5:00 p.m. on Friday, Jan. 2.
ProDeathPenalty.com
On the evening of March 23, 1992, Raymond Rowsey
and his half brother, Raymond Lee Steele, were hanging out at
Steele’s house, playing cards and listening to the radio.
Shortly
after midnight, the two men decided to walk to a local Circle K
convenience store. They arrived at the store around 1:00 a.m. Once
at the store, the men obtained some change from the store clerk,
Howard Rue Sikorski, and played several dollars worth of video games.
Next, they went to the back of the store to look at the movie
display. Rowsey then decided he wanted to buy a snack. Steele gave
Rowsey two dollars and Rowsey picked up two bags of M&M’s and paid
for them at the counter.
Rowsey then pulled a gun out of his coat,
pointed it at Sikorski, and clicked the gun without firing it. He
turned and smiled at Steele, telling Steele that he had scared the
store clerk with a water gun. The gun, however, was not a water gun.
Rowsey turned back towards the victim and shot him in the face.
After the victim fell to the floor, Rowsey leaned over the counter
and shot him again. Rowsey then ran around the counter, fired at
least two more shots, and kicked the victim three or four times in
the back of the head.
Steele ran out of the store and Rowsey ran out
after him, still carrying the gun in one hand and something else
underneath his arm.
During the walk home, Steele asked Rowsey why he
shot the victim. Rowsey said he was initially just playing, but he
thought that he saw the victim reaching underneath the counter for a
gun. Rowsey later told Steele that he kicked the victim to ensure
that the victim died.
He also told Steele, however, that the victim
was still alive and gasping for air when Rowsey ran out of the
store. Back at Steele’s house, Rowsey counted the cash that he had
taken from the Circle K cash register. He told Steele that he had
grabbed the money to make the shooting look like a robbery and to
make the shooting worthwhile.
In total, Rowsey took $54 in cash and
several adult magazines from the store. Steele would not accept half
of the money, but did accept a two-dollar bill that had been taken
from the register. He also cleaned the murder weapon for Rowsey and
provided Rowsey with bullets to reload the gun.
The victim’s body was discovered at approximately
2:00 a.m. on March 24. An autopsy revealed six gunshot wounds: one
to the face, one to the back of the neck, one to the right side of
the head, and three to the back.
The autopsy also revealed several
blunt-force injuries to the victim’s head and neck area. Store
managers determined that $57.54 in cash and several adult
entertainment magazines were missing from the store. Among the
missing cash was a two-dollar bill. The store had a record of the
serial number of that bill which allowed police to track it.
On the afternoon of March 24, Steele attempted to
make a purchase with the marked two-dollar bill and was arrested
shortly thereafter. Steele initially made several false statements
denying any involvement in the murder, but he eventually admitted
that he was present during the murder.
Rowsey was arrested later
that day and subsequently charged with first-degree murder and armed
robbery. Steele pled guilty to second-degree murder and robbery with
a dangerous weapon in exchange for his testimony at trial.
At trial, Rowsey tried to finger Steele as the
shooter. Rowsey questioned Steele regarding a letter that Steele had
written to Rowsey that allegedly concluded with the phrase "even
though you didn’t do it." Steele admitted to writing the letter, but
denied writing the concluding line.
Rowsey also introduced testimony
from two jail inmates who testified that they overheard
conversations between Rowsey and Steele during which Steele
acknowledged that he, not Rowsey, had killed the victim. The State
countered this testimony, however, with substantial evidence
indicating that Rowsey was the shooter.
The State introduced
evidence of Rowsey’s shoe prints in the blood around the victim’s
head, and evidence that Rowsey possessed the murder weapon both
before and after the murder. Furthermore, Steele provided extensive
testimony recounting the events of the murder and bolstering the
State’s claim that Rowsey was the shooter.
Given the weight of the evidence, the jury
concluded that Rowsey was indeed the shooter and convicted him of
both first- degree murder and armed robbery. At sentencing, Rowsey
introduced evidence indicating that he had come from a broken home
and suffered a difficult childhood.
The State introduced evidence
that Rowsey had broken into a church and stolen $900 worth of items
only weeks before the murder. The State also introduced evidence of
Rowsey’s prior criminal record, which included fifteen counts of
injury to personal property in 1990, one count of possession of a
malt beverage by a minor in 1990, and two counts of misdemeanor
larceny in 1991. The jury returned a recommendation of death. On
October 1, 1993, the trial judge entered judgment and sentenced
Rowsey to death.
Rowsey is put to death; Easley denies clemency
after high court lifts stay
By Matthew Eisley and Catherine Clabby -
Raleigh News & Observer
Friday, January 9, 2004
Convicted murderer Raymond Dayle Rowsey was put to death early today,
hours after the U.S. Supreme Court lifted a judge's stay of his
execution. The ruling ended a week of litigation over the legality
of North Carolina's method of lethal injection.
Gov. Mike Easley denied Rowsey's clemency request
late Thursday, clearing the way for his execution minutes after 2
a.m. at Central Prison in Raleigh. Rowsey, 32, was sentenced to die
for the 1992 shooting death of Burlington convenience store clerk
Howard Sikorski. The Supreme Court's order, issued about 7:50 p.m.
Thursday by a 5-4 vote, did not address the substance of a federal
lawsuit that Rowsey and three other death row inmates filed Jan. 2.
The lawsuit argued that North Carolina's method
of lethal injection risks killing people while they're awake, so
it's cruel and unusual punishment, which is unconstitutional.
In
1998, the state made lethal injection its only form of execution --
eliminating lethal gas as an option -- because it was considered
more humane than the gas chamber, the electric chair and other
methods. Rowsey's lawsuit was part of a national surge in scrutiny
of how states execute convicted murderers.
It involves medical
science and legal ethics and, ultimately, the question of whether
any form of capital punishment is adequately humane. No court has
ruled on the merits of the criticism of North Carolina's
lethal-injection method. Inmates are likely to continue raising the
same objection to the execution drugs. Similar lawsuits are under
way in Virginia, Texas, Tennessee and Ohio.
U.S. District Judge Terrence Boyle ordered the
state Wednesday not to execute Rowsey while federal courts decided
whether they could consider the lawsuit. The 4th U.S. Circuit Court
of Appeals in Richmond, Va., which has jurisdiction over North
Carolina, left the stay in place Thursday afternoon. It also put
Rowsey's case on hold, pending the outcome of another case like it
from Alabama that awaits action in the Supreme Court.
But the state appealed immediately to the Supreme
Court, which overruled Boyle and the 4th Circuit. Voting to lift the
stay were Chief Justice William Rehnquist and Justices Sandra Day
O'Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas.
Voting to leave the stay intact were Justices John Paul Stevens,
David Souter, Ruth Bader Ginsburg and Stephen Breyer.
The legal
issue was whether lawsuits like Rowsey's constitute a repetitive
appeal of the death sentence, which federal law prohibits; or a
different kind of legal challenge, alleging a government violation
of a constitutional right, that can go forward. The state's lawyers
argued to the Supreme Court that a stay for Rowsey "would have the
predictable effect of causing every death row inmate in a
lethal-injection state to file similar frivolous lawsuits in an
attempt to bring about a de facto moratorium on the death penalty."
Execution method
During the day Thursday, Rowsey visited with his
lawyers and relatives, The Associated Press reported. He was able to
hold his 11-year-old daughter for the first time since he entered
prison. On previous visits, prison bars and glass separated them.
Pamela Walker, a Correction Department spokeswoman, said Rowsey ate
a last meal of pizza, chicken wings, two packages of peanut M&M
candy and a Pepsi.
North Carolina, like most states with the death
penalty, uses a combination of three drugs to execute convicted
murderers. One puts the inmate to sleep, the second stops the heart,
and the third stops the inmate's breathing by paralyzing his
muscles. Executioners administer double doses of the anesthetic and
the heart-stopper, for a total of five injections, one after the
other, in IV lines of saline in each arm. The inmate, who has been
strapped to a gurney in the execution chamber, is checked for vital
signs and declared dead five minutes after his heart stops.
But the inmates' lawyers say the anesthetic could
wear off before the drugs that stop the heart and lungs cause death.
The dying inmate could wake up in intense pain but paralyzed and
unable to communicate his distress or even open his eyes, they say.
Lawyers for the state said that is baseless speculation. "There is
no credible argument that lethal injection is cruel or unusual
punishment," Steven Arbogast, a special deputy attorney general,
wrote in the state's filing with the Supreme Court. The "massive
dosage" of the drugs involved, including enough of each of the
heart-stopper and the lung-stopper to kill someone, ensures that the
method works as intended, the filing said.
A deadly cocktail
The drugs used in executions were developed for
medical use. The American Society of Anesthesiologists and the
American Medical Association oppose doctors participating in
executions. The executioners at Central Prison are not doctors.
Critics question whether they have adequate expertise to prepare or
administer correct doses.
The muscle relaxer pancuronium bromide,
critics charge, might mask intense pain experienced by inmates who
are conscious. Too little research into the effects of the drug
combinations has been pursued, they say.
In an affidavit in a similar lawsuit in Ohio, Dr.
Mark Heath, a Columbia University assistant professor of
anesthesiology, spelled it out more dramatically. "If the inmate is
not first successfully anesthetized, then it is my opinion ... that
the pancuronium will paralyze all voluntary muscles and mask
external, physical indications of excruciating pain" caused partly
by the heart-stopper, he said.
The trouble is, no one knows.
Rowsey's lawyers argued that inmates' pain could go undetected,
while also arguing that several inmates in recent years have
appeared to struggle as they died. John Booth, a Duke University
assistant professor of anesthesiology, said that given the high
doses that North Carolina prison officials say they use, it is quite
unlikely that death row inmates feel pain during executions. "It's
extremely likely that they would die before feeling anything," Booth
said.
Death-penalty debate
The issue of the state's method of lethal
injection has arisen as state lawmakers are considering a two-year
moratorium on executions while they study alleged flaws in the
state's death penalty system. The state Senate approved the
moratorium last year. The House of Representatives could vote on it
this year. Easley, a former prosecutor and former attorney general
and a supporter of the death penalty, has refused to say whether he
would veto a moratorium bill.
Rowsey had asked Easley to convert his
sentence to life in prison without parole, on the grounds that he
suffered abuse during childhood and that one of his trial jurors
voted for the death penalty under pressure and meant to vote against
it. Easley would not meet with the juror.
Alamance County District Attorney Rob Johnson had
urged Easley to let Rowsey's execution go forward. Sikorski's murder
-- with three shots to the head, and three while he was on the floor
-- was particularly brutal, he said. "I don't think that we ought to
forget about the victim," he said. Easley denied Rowsey clemency
shortly before midnight, and Rowsey prepared to die.
Rowsey executed for 1992 slaying of store clerk
By Estes Thompson - Fayetteville Online
AP - January 9, 2004
RALEIGH (AP) - A North Carolina man was executed
early Friday for the 1992 killing of a store clerk after failed
appeals that focused on whether lethal injection amounts to cruel
and unusual punishment.
Raymond Dayle Rowsey was pronounced dead at 2:23
a.m. following a lethal injection at Central Prison in Raleigh,
according to Department of Correction spokeswoman Pam Walker. Rowsey
was the first prisoner to be executed this year in North Carolina.
Seven prisoners were executed in 2003. Rowsey was sentenced to death
for the March 24, 1992, slaying of Alamance County convenience store
clerk Howard R. Sikorski.
The U.S. Supreme Court ruled 5-4 Thursday night
that Rowsey's execution could proceed. The state of North Carolina
had asked the high court to overturn rulings of lower courts.
Earlier the same day, a 4th U.S. Circuit of Appeals panel rule 2-1
to uphold a stay issued Wednesday night by a lower court judge.
Rowsey lost his final legal challenge late Thursday when Gov. Mike
Easley denied clemency. "Given the facts and circumstances of this
case, I find no compelling reason to invalidate the sentence
recommended by the jury and affirmed by the courts," Easley said in
a statement. Defense lawyers had asked Easley to block Rowsey's
execution by using clemency power to change the death sentence to
life in prison without parole. They contend one juror did not intend
to vote for the death sentence and that Rowsey didn't get state help
he needed to compensate for a childhood that centered on alcohol and
drugs.
During the day Thursday, Rowsey visited with
family and attorneys. Rowsey's mother, Barbara Thompson, said the
family had been hopeful that courts would spare her 32-year-old
son's life. During the visitation Rowsey was able to hold his 11-year-old
daughter for the first time since he entered prison. On previous
visits, he had been separated by prison bars and glass. "He has
never touched her," Thompson said. "This is a major event. He lit up
like a Christmas tree." Rowsey ordered a last meal of pizza, chicken
wings, two packages of peanut M&M candy and a Pepsi, said Department
of Correction spokeswoman Pamela Walker.
The case went to the high court after U.S.
District Court Judge Terrence Boyle of Elizabeth City granted a stay
Wednesday. Boyle said attorneys who argued that lethal injection
amounts to cruel and unusual punishment should have a hearing.
Lawyers for Rowsey and three others on North Carolina death row
sought to delay their clients' executions at least until the U.S.
Supreme Court rules this year in a separate case involving a
condemned Alabama prisoner.
In the Alabama case, lethal injection was called
unconstitutionally cruel because an inmate's arm would have to be
cut open to reach a vein to accommodate the needle. Veins near the
surface of the inmate's arm were damaged and unsuitable for
injection. The wait for a high court decision also put on hold a
Virginia execution originally scheduled for last month, in which the
condemned inmate also has damaged blood vessels.
In Rowsey's case, attorneys argued that North
Carolina's use of thiopental sodium, pancuronium bromide, and
potassium chloride would cause him and other condemned prisoners to
"suffer excruciatingly painful and protracted deaths." "The way they
are administrated may actually disable the defendant from being able
to express the pain" they are feeling, said Jim Exum Jr. of
Greensboro, one of Rowsey's lawyers and a former state Supreme Court
chief justice.
The appeal included affidavits from two defense
lawyers who had watched their clients die and said they appeared to
suffer during the procedures. "I certainly wouldn't characterize it
as apparent peacefulness," said Ken Rose, director of the Center for
Death Penalty Litigation in Durham, whose office also filed for
Rowsey and other death row inmates. "In other words, they're being
tortured."
The state told the Supreme Court that the
argument against lethal injection was incorrect. The state also
contended the lower court judge lacked jurisdiction to issue the
stay because Rowsey already had a round of federal appeals and
didn't have a new legal issue. "Arguments regarding possible
problems with therapeutic dosages ignore the massive dosage actually
administered in the lethal injection process," the state said.
North Carolina first uses 1,500 mg of thiopental
sodium to put the inmate in a deep sleep. That drug is followed with
potassium chloride to stop the heart and Pavulon to paralyze muscles
and another potassium chloride injection. Those chemicals are
followed with another huge dose of thiopental sodium, the state said.
In an affidavit, Central Prison Warden Marvin Polk said he had
observed 18 executions and didn't see any signs that inmates
suffered.
National Coalition to Abolish
the Death Penalty
Raymond Rowsey, NC - Jan. 9, 2:00 AM EST
The state of North Carolina is scheduled to
execute Raymond Rowsey, a white man, Jan. 9 for the 1992 murder of
Howard Sikorski at a Circle K in Alamance County. The execution is
scheduled for 2:00 AM. There were two people involved in Mr.
Sikorski’s murder, Mr. Rowsey and his half-brother Raymond Steele,
who received a charge of second degree murder in exchange for his
testimony.
The cash register was emptied after Mr. Sikorski
was killed, and a planted $2 bill was stolen. The serial number on
the bill was noted and Mr. Steele was eventually apprehended after
he spent it. He told police that he was not involved in the murder;
his brother, Mr. Rowsey, had shot Mr. Sikorski and then taken the
money to make it look like a robbery. Mr. Steele said that he had
refused Mr. Rowsey’s offer to split the money, but had accepted the
$2 bill.
The defense presented two witnesses, Robert
Eastwood, an inmate who testified that he had overheard a
conversation between Mr. Rowsey and Mr. Steele where Mr. Steele had
acknowledged killing the vicim; and Gerald Wayne Flynn II, who
testified that he had overheard a prison conversation between Mr.
Steele and Mr. Rowsey where Mr. Steele had promised to take the
blame because Mr. Rowsey was innocent.
A shoeprint found near the victim’s head was
matched to Mr. Rowsey, and he was in possession of the murder weapon
both before and after the crime.
However, this case is essentially one man’s word
against another’s. Mr. Steele certainly had a motive to implicate Mr.
Rowsey. North Carolina Department of Corrections data indicates that
Mr. Steele is no longer incarcerated. Because of Steele’s plea-bargain
and based almost solely on his testimony, Mr. Rowsey was arbitrarily
convicted of capital murder.
Mr. Rowsey is North Carolina’s first execution
scheduled for 2004. North Carolina executed seven men in the last
five months of 2003, including several who were severely mentally
ill. Please contact Gov. Mike Easley and urge him to declare a
moratorium and commute the death sentence of Raymond Rowsey.
Supreme Court Allows Rowsey Execution in North
Carolina
TheDeathHouse.com
January 9, 2004
RALEIGH, N.C. - A man who killed a convenience
store clerk during a robbery was executed by lethal injection at the
state prison early Friday after the U.S. Supreme Court rejected
claims that the drugs used to kill him would cause pain and
suffering. Raymond Rowsey, 32, whose execution had earlier been
stopped by lower courts, was brought into the death house at Central
Prison after 2 a.m., administered the lethal injection of chemicals
and declared dead at 2:23 a.m. Friday.
The March 23, 1992 murder that sent Rowsey to the
death house was a senseless act. After killing the store clerk,
Rowsey stole about $54 and two pornographic magazines, court
documents stated. Governor Mike Easley refused to grant Rowsey
clemency.
Does It Hurt?
The overriding issue in the Rowsey case came to
be whether lethal injection constitutes cruel and unusual punishment.
Lawyers for Rowsey managed to get a U.S. District Court judge
Wednesday to stay the execution and a federal court of appeals to
uphold the ruling. However, the state Attorney General appealed to
the U.S. Supreme Court, which voted 5-4 to allow the Rowsey
execution to proceed. If the ruling was allowed to stand, all
executions would have stopped in North Carolina until the issue was
resolve. Rowsey was the first condemned killer executed in North
Carolina in 2004. Last year, seven condemned murderers were executed.
'Bama Case Spurs Appeals
The U.S. Supreme Court last year stopped the
execution in Alabama of David Nelson .
Nelson's lawyers argue that lethal injection would be cruel and
unusual punishment because Nelson's veins had collapsed and
incisions would have to be made to insert the lethal needle into
him.
Lawyers for Rowsey, and others trying to stave-off executions
around the U.S., claim that the lethal mix of drugs used in the
execution process is cruel. Generally, states use three drugs during
executions: one puts the condemned person to sleep; another stops
his heart; the third paralyzes muscles so the man can't breathe. The
lawyers in North Carolina contend that the drug that puts the
condemned prisoner to sleep could wear off before the others take
affect.
From Video Games To Murder
In the murder of the store clerk, the key
testimony that sent Rowsey to the execution chamber was given by his
half brother, who was in the store with Rowsey when the slaying
occurred. The victim, Howard Rue Sikorski, was shot six times and
had been kicked in the head, an autopsy revealed. Rowsey and his
half-brother, Raymond Lee Steele, went to the convenience store at
about 1 a.m. After playing video games, Steele gave Rowsey money to
buy a snack.
Just 'Playing'
While at the register, Rowsey pulled a gun and
pointed it at the victim, pretending to fire it, court documents
stated. Rowsey then turned and smiled at Steele, saying that he had
scared the clerk with a water gun, according to Steele's testimony.
It was a real gun. But, Rowsey then turned toward the victim and
shot him in the face. Sikorski fell to the floor.
More shots were
fired and Rowsey then kicked the victim in the head several times,
Steele testified. Later, Steele asked Rowsey why he shot the victim.
Rowsey said that initially, he was just "playing" but then thought
he saw the clerk reach for a gun, court documents stated. Rowsey
later said he kicked the victim to make sure he was dead. Steele
later cleaned the murder weapon for Rowsey and provided more bullets
to reload the gun.
Tries To Blame Step-Brother
Steele was first arrested for the murder. He was
linked to the case by a marked two dollar bill that had been taken
during the robbery. Steele initially lied about being involved,
court documents stated, but quickly admitted he was present and
fingered Rowsey as the killer. Steele later plead guilty to second-degree
murder and robbery with a dangerous weapon in exchange for his
testimony at trial.
During the trial, Rowsey tried to finger Steele
as the killer. A letter from Steele to Rowsey, introduced as
evidence, ended with the words, "even though you didn't do it."
Steele admitted writing the letter, but denied writing the
concluding sentence.
Also, two inmates testified that they overheard
a conversation between Rowsey and Steele, during which Steele said
that he, not Rowsey, killed the victim. But there was physical
evidence against Rowsey. His bloody shoeprints were found near the
victim's head. There was evidence that he possessed the murder
weapon before and after Sikorski was killed.
N.C. Man Executed for 1992 Slaying of Store
Clerk
WTVD-TV
RALEIGH, N.C. -- Raymond Dayle Rowsey was
executed early Friday for the 1992 pistol slaying of a convenience
store clerk that prosecutors said was carried out for the thrill of
killing. It was the first execution of 2004 in North Carolina,
following a year in which seven inmates were put to death.
Rowsey, 32, was pronounced dead at 2:23 a.m.
after a series of appeals that brought a stay which was overturned
hours before the execution. At issue in those appeals was whether
the state's lethal injection execution method was constitutionally
banned cruel and unusual punishment.
The inmate also lost a bid for
clemency when Gov. Mike Easley refused to commute the death sentence
to life in prison without parole. Lawyers told the governor that a
juror hadn't meant to vote for the death penalty, but prosecutors
said the issue already had been rejected by the courts. Rowsey was
sentenced to death for the March 24, 1992, slaying of Alamance
County convenience store clerk Howard R. Sikorski, 20.
Rowsey made no last statement, but his family
told reporters afterward that he was innocent, a fact disputed by
the district attorney who said evidence pointed only at Rowsey.
Rowsey's wife Christie, whom he married while in prison, and his
mother, Barbara Thompson, sobbed as they watched the execution.
His
father, Larry Steele, had tears running down his cheeks as the women
put their heads on his broad shoulders. Thompson said several times
"I love you" and once touched the window that separated witnesses
from the execution chamber. "When they injected my son they injected
me," Thompson told reporters after the execution. "It's not right.
It is not right." She also said she was a decent mother who didn't
abuse her son, despite statements by lawyers during the appeals that
Rowsey was exposed to drugs, alcohol and casual sex at an early age.
Rowsey defense lawyer James Payne said his client
"asked us to tell you that he died in peace with no hatred in his
heart, and nothing but love for his brother, Lee Steele." Steele
accompanied Rowsey to the store the night of the killing and
testified against his brother at Rowsey's trial in a plea bargain.
District Attorney Robert Johnson said evidence included Rowsey's
footprints in the victim's blood and his shoe marks where Sikorski
had been stomped as he died. Johnson had said Rowsey killed to see
what it was like.
When Rowsey had his last meal about 5 p.m. of
pizza, chicken wings, peanut M&M candy and a Pepsi, he didn't know
what the appeals process would bring. The U.S. Supreme Court ruled
5-4 Thursday night that Rowsey's execution could proceed. Easley
issued his clemency ruling about 11:30 p.m.
The case climbed quickly from a lower court judge
who granted a stay Wednesday evening so defense lawyers could have a
hearing on their contention to the 4th U.S. Circuit Court of Appeals,
which upheld the stay Thursday afternoon. The U.S. Supreme Court
overturned the stay with a 5-4 vote about 8 p.m. Thursday. Lawyers
for Rowsey and three others on North Carolina death row wanted to
delay executions at least until the U.S. Supreme Court rules this
year in a separate case involving a condemned Alabama prisoner.
In the Alabama case, lethal injection was called
unconstitutionally cruel because an inmate's arm would have to be
cut open to reach a vein to accommodate the needle. Veins near the
surface of the inmate's arm were damaged and unsuitable for
injection. In Rowsey's case, attorneys argued that drugs used in
North Carolina's executions could result in an inmate waking up but
being unable to move and suffering pain. The appeal included
affidavits from two defense lawyers who had watched their clients
die and said they appeared to suffer.
During Rowsey's death, his jaw quivered and he
appeared to gulp several times. His chest and stomach tensed and
relaxed before becoming still. Prison officials said the movements
were normal reactions. State attorneys told the Supreme Court that
the argument against lethal injection ignored the amount of deadly
drugs used.
Officials said the dose of the thiopental sodium
that puts an inmate to sleep was three to four times that used for
surgical patients. An inmate also receives a drug to stop the heart,
another that paralyzes muscles and another massive dose of the
thiopental sodium that keeps the inmate unconscious. In 1998, the
state adopted lethal injection as its sole form of execution and
eliminated the gas chamber as an option.
Prosecutor shows governor bloody footprint from
murder scene
By Estes Thompson
Sarasota Herald Tribune
RALEIGH, N.C. -- Gov. Mike Easley viewed a floor
tile stained with a bloody footprint on Tuesday, as the Alamance
County district attorney lobbied the governor to proceed with the
scheduled execution of Raymond Dayle Rowsey. The prosecutor's
display came during a clemency meeting with Easley, who has been
asked by Rowsey's lawyers to change Rowsey's death sentence to life
in prison without parole.
Defense lawyers contend one juror did not intend
to vote for the death sentence and that Rowsey didn't get state help
he needed to compensate for a childhood that centered around alcohol
and drugs. Rowsey, 32, is scheduled to be executed by injection at 2
a.m. Friday for the March 24, 1992, shooting death of Howard R.
Sikorski.
District Attorney Robert Johnson came to the
hearing carrying in his briefcase a bloodstained tile from the
Circle K store where the killing occurred. The tile showed the
footprint of Rowsey's shoes where he stood over Sikorski's body and
fired three of the six shots, then kicked Sikorski's body several
times. "He signed his name in blood with his feet," Johnson said
after meeting with the governor, adding that Rowsey still had the
murder weapon, a stolen .25-caliber semiautomatic pistol, with him
the day after the killing and had been seen with the gun before the
shooting.
Burlington Police Chief Mike Gauldin, who also
met with the governor, said the evidence in the case pointed to
Rowsey. "You can't ignore all the violence suffered behind the
(store) counter," Gauldin said. "It was a horrible crime." The
prosecutor also gave Easley a letter from the victim's father, who
said the case deserved the death penalty. Johnson said a defense
argument that one juror didn't agree with the death sentence had
been disregarded by state and federal courts during Rowsey's
appeals.
Defense lawyer James Payne said the juror
argument was critical and that the juror has never been given a
hearing at which she could explain her actions. Though the woman
answered "yes" when the trial judge asked her if she agreed with the
verdict, Payne said she thought the judge was asking if she
understood a question. Johnson said state law prohibits a juror from
trying to change a verdict after it has been rendered.
Easley also met with Rowsey's mother, sister and
wife, whom he married while in prison. Afterward, the women said
they couldn't comment until the governor issued his clemency
decision. Easley typically issues clemency decisions on the eve of
an execution after all court cases have been resolved.
The only pending court matter affecting Rowsey is
a federal court petition filed by other lawyers asking that Rowsey's
execution be stopped on the grounds that lethal injection is cruel
and unusual punishment. The state attorney general's office said in
documents filed Tuesday that the petition should be dismissed.
Rowsey waited on death row, but is to be moved
this week to the death watch cell block across the hall from the
death chamber at Central Prison in Raleigh. Rowsey's brother, Wayne
Spell, said he was looking forward to a contact visit with Rowsey,
but hoped he wouldn't be executed. Spell said Rowsey was innocent
and was set up to take responsibility for the killing. "He's at
peace," Spell said of his brother.
State v. Rowsey,
472 S.E.2d 903 (N.C. 1996) (Direct Appeal).
Defendant was convicted in the Superior Court,
Alamance County, Brannon, J., of first-degree murder, and was
sentenced to death. Defendant appealed as of right. The Supreme
Court, Parker, J., held that: (1) prospective juror was properly
excused for cause; (2) codefendant's testimony was not inconsistent
with his guilty plea to second-degree murder and did not amount to
perjured testimony; (3) trial court did not err during sentencing
proceeding by submitting, over defendant's objection, statutory
mitigating circumstance that defendant had no significant history of
prior criminal activity; (4) jury was required to unanimously answer
either "yes" or "no" to issue asking whether jury unanimously found
that aggravating circumstances were sufficiently substantial to call
for death penalty; (5) juror's response during jury poll as to
whether she assented to death verdict was not ambiguous; (6) even
assuming that instructing jury that evidence was "what came forth
from that witness stand" precluded jury from considering defendant's
demeanor in courtroom, instruction was not plain error; and (7)
death penalty was not disproportionate. No error. Frye, J., filed
opinion concurring in part and dissenting in part.
Defendant was tried capitally on an indictment
charging him with the first- degree murder of Howard Rue Sikorski ("victim").
The jury returned a verdict finding defendant guilty as charged on
the bases of both premeditation and deliberation and felony murder.
The jury also found defendant guilty of robbery with a firearm.
Following a capital sentencing proceeding, the jury recommended that
defendant be sentenced to death for the murder; and the trial court
entered judgment accordingly.
The trial court sentenced defendant to
a consecutive term of forty years in prison for robbery with a
dangerous weapon. For the reasons discussed herein, we conclude that
the jury selection, guilt-innocence phase, and capital sentencing
proceeding of defendant's trial were free from prejudicial error and
that the death sentence is not disproportionate.
The State's
evidence tended to show that on the evening of 23 March 1992,
defendant and his half brother, Raymond Lee Steele, wrestled, played
cards, and listened to the radio at Steele's house. The two men got
bored, and they decided to walk to the Circle K convenience store on
the corner of Chapel Hill Road and Mebane Street in Burlington,
North Carolina, where the victim worked as a clerk.
Defendant and Steele left Steele's house at 12:30
a.m. on 24 March and arrived at the Circle K approximately thirty to
forty minutes later. At the store defendant and Steele obtained
change and played several dollars worth of video games. Defendant
and Steele then went to the back of the store to examine the store's
rental movie display.
Defendant asked Steele to give him some money so
that he could buy a snack, and Steele gave defendant two dollars.
Defendant selected one bag of M & M's and went to the checkout
counter. Upon learning the price, defendant returned to the candy
aisle and obtained a second bag of M & M's. Defendant then went back
to the checkout counter and paid for the candy. At this point
defendant pulled a gun out of his coat pocket and pointed it at the
victim. The gun clicked, but it did not fire. When the gun clicked
defendant turned towards Steele and smiled. Defendant told Steele
that he had scared the victim with a water gun.
Defendant then turned back towards the victim,
jerked the gun up, and shot the victim in the face. As the victim
fell to the floor and turned his back to defendant, defendant leaned
over the counter and shot the victim again. Defendant then ran
around the counter and fired at least two more shots. As the victim
lay face down on the floor, defendant stood over him and kicked him
three or four times in the back of the head.
After seeing defendant kick the victim in the
back of the head, Steele ran out one of the store's two doors,
around the building, and into the parking lot. Moments later,
defendant ran out the other door with something underneath his arm
and the gun in his hand. Together, defendant and Steele ran and
walked back to Steele's house. As they walked home, Steele asked
defendant why he shot the victim. Defendant told Steele that he was
just playing around, that he saw the victim reaching underneath the
counter as if reaching for a gun, and that he thought the victim was
going to shoot him so he shot the victim instead.
At Steele's house defendant counted $54.00 in
cash and told Steele that he had taken the money from the Circle K
cash register. Upon Steele's inquiry, defendant told Steele that he
took the money in order to make it look like a robbery and in order
to make it worth the while. Steele also saw four or five adult
entertainment magazines, including Penthouse, Playboy, and Oui, in
defendant's possession. Defendant offered Steele half the money, but
Steele declined. Defendant then offered and Steele accepted a
two-dollar bill which had been taken from the Circle K cash
register.
Steele asked defendant if the victim was alive,
and defendant told Steele that he did not know whether the victim
remained alive or not. Defendant told Steele that he kicked the
victim in an effort to ensure the victim's death and that the victim
was alive and gasping for breath when he left the scene.
Defendant examined the murder weapon, a .25-caliber
automatic handgun which defendant had taken from a locked trunk in
the home of his girlfriend's mother, and indicated that it was dirty.
Defendant told Steele that he did not want to return the gun in this
condition, and Steele cleaned the gun for defendant. Defendant
explained that the gun was loaded when he took the gun, so Steele
provided defendant with .25-caliber bullets so that defendant could
return the gun loaded.
The victim's body was discovered, lying behind
the checkout counter, at approximately 2:00 a.m. on 24 March. There
was a large quantity of blood on the floor running from the victim's
head to his right foot. Dr. Karen Elizabeth Chancellor performed the
autopsy on the victim's body; and her examination revealed six
gunshot wounds: one to the face, one to the back of the neck, one to
the right side of the head, and three to the back. Additionally, the
victim suffered a number of blunt-force injuries to the head and
neck area. One of the gunshot wounds pierced the victim's left lung
and resulted in massive bleeding; this wound alone would have caused
the victim's death.
Mildred Holder, who helped manage the Chapel Hill
Road and Mebane Street Circle K, arrived at the store early that
morning and identified the victim's body. Ms. Holder subsequently
closed out the cash register and determined that $57.54 was missing.
The Circle K's manager, Brenda Bowes, noticed that several magazines
were missing from the adult entertainment magazine rack.
Ms. Holder
informed the police that the Circle K store had a two-dollar bill "bait
money" policy pursuant to which the store kept a two- dollar bill in
the cash register and a record of the bill's serial number. Ms.
Holder told the police that the two-dollar bill was missing and
provided the police with the bill's serial number.
At approximately 2:30 p.m. on 24 March, Steele
and his girlfriend made a purchase at a Burlington store with the
missing two-dollar bill. Steele was arrested shortly thereafter.
Steele initially made several false statements in which he denied
any involvement in the Circle K murder, but he subsequently admitted
that he had been present at the Circle K when defendant shot and
killed the victim. Defendant was arrested later that evening.
Steele was permitted to plead guilty to second-degree
murder and robbery with a dangerous weapon in exchange for his
truthful testimony at trial. At trial Steele acknowledged that he
was testifying pursuant to a plea bargain and that he was in fact
guilty of the crimes to which he pled based upon a theory of acting
in concert. Steele also indicated that he did not plan or
participate in the robbery or the murder and that he was shocked
when the shooting began.
During defendant's cross-examination of Steele,
defendant questioned Steele with respect to a four-page letter which
Steele wrote to defendant while they were in prison and which
concluded with the phrase, "even though you didn't do it." Steele
acknowledged writing the letter, but denied writing "even though you
didn't do it."
Two of defendant's witnesses claimed that they
overheard Steele admit that he killed the victim. Robert Eastwood,
an inmate at the Alamance County jail, testified that he overheard a
conversation between Steele and defendant and that during that
conversation Steele acknowledged that he killed the victim.
Another
inmate, Gerald Wayne Flynn, II, testified that he overheard a
jailhouse conversation between Steele and defendant in which Steele
stated that he would take the blame for the victim's murder because
he did not want defendant to take the blame for something defendant
did not do.
At sentencing the State initially declined to
present evidence. Defendant presented evidence that he came from a
broken home, that he was neglected by his mother, that he was
exposed to the promiscuous sexual activity of his mother and sister,
that he was illegitimate and had little contact with his biological
father, and that his mother had a drug- and alcohol-abuse problem.
The State's rebuttal evidence at sentencing showed that defendant
was responsible for breaking into a church and stealing a number of
items valued at approximately $900.00 just weeks prior to the Circle
K murder. The State's evidence further showed that defendant had
been convicted of fifteen counts of injury to personal property in
1990, one count of possession of a malt beverage by a minor in 1990,
and two counts of misdemeanor larceny in 1991.
* * *
In light of the above, we find that this case
rises to the level of cases in which this Court has approved the
death penalty. Based on the experienced judgment of the members of
this Court, we conclude that defendant's death sentence is not
excessive or disproportionate.
We hold that defendant received a fair trial and
capital sentencing proceeding free from prejudicial error. In
comparing defendant's case to similar cases in which the death
penalty was imposed and in consideration of both the crime and the
defendant, we cannot hold as a matter of law that the death penalty
was disproportionate or excessive. NO ERROR.
Rowsey v. Lee,
327 F.3d 335 (4th Cir. 2003) (Habeas).
State prisoner whose conviction of capital murder
was affirmed on appeal, 472 S.E.2d 903, petitioned for writ of
habeas corpus. The United States District Court for the Middle
District of North Carolina, James A. Beaty, Jr., J., denied the
petition, and petitioner appealed. The Court of Appeals, Wilkinson,
Chief Judge, held that: (1) certificate of appealability (COA) would
be granted on issue whether trial judge's alleged bias denied
petitioner a fair trial; (2) trial judge's alleged bias did not deny
petitioner a fair trial; and (3) COA was not warranted on issues
whether prosecutor used unarticulated criteria to seek the death
penalty in violation of petitioner's equal protection rights,
whether trial counsel was ineffective for failing to object to the
poll of juror who did not initially answer trial court's question
whether death sentence was her verdict and who became emotional
before answering "yes," and whether jury did not return a unanimous
death verdict, as required under state law, because the one juror
did not intend to assent to such a verdict. Affirmed in part and
dismissed in part.
Appellant Raymond Dayle Rowsey was convicted by a
North Carolina jury of first-*338 degree murder on the bases of
premeditation and deliberation and felony murder, as well as robbery
with a firearm. He was sentenced to death for the murder. After
exhausting state remedies, Rowsey petitioned the United States
District Court for the Middle District of North Carolina for a writ
of habeas corpus under 28 U.S.C. § 2254. The district court denied
his petition, and Rowsey now appeals. We affirm in part and dismiss
in part.
On the evening of March 23, 1992, Rowsey and his
half brother, Raymond Lee Steele, were hanging out at Steele's
house, playing cards and listening to the radio. Shortly after
midnight, the two men decided to walk to a local Circle K
convenience store. They arrived at the store around 1:00 a.m.
Once at the store, the men obtained some change
from the store clerk, Howard Rue Sikorski, and played several
dollars worth of video games. Next, they went to the back of the
store to look at the movie display. Rowsey then decided he wanted to
buy a snack. Steele gave Rowsey two dollars and Rowsey picked up two
bags of M&M's and paid for them at the counter. Rowsey then pulled a
gun out of his coat, pointed it at Sikorski, and clicked the gun
without firing it. He turned and smiled at Steele, telling Steele
that he had scared the store clerk with a water gun.
The gun, however, was not a water gun. Rowsey
turned back towards the victim and shot him in the face. After the
victim fell to the floor, Rowsey leaned over the counter and shot
him again. Rowsey then ran around the counter, fired at least two
more shots, and kicked the victim three or four times in the back of
the head.
Steele ran out of the store and Rowsey ran out
after him, still carrying the gun in one hand and something else
underneath his arm. During the walk home, Steele asked Rowsey why he
shot the victim. Rowsey said he was initially just playing, but he
thought that he saw the victim reaching underneath the counter for a
gun. Rowsey later told Steele that he kicked the victim to ensure
that the victim died. He also told Steele, however, that the victim
was still alive and gasping for air when Rowsey ran out of the
store.
Back at Steele's house, Rowsey counted the cash
that he had taken from the Circle K cash register. He told Steele
that he had grabbed the money to make the shooting look like a
robbery and to make the shooting worthwhile. In total, Rowsey took
$54.00 in cash and several adult magazines from the store. Steele
would not accept half of the money, but did accept a two-dollar bill
that had been taken from the register. He also cleaned the murder
weapon for Rowsey and provided Rowsey with bullets to reload the gun.
The victim's body was discovered at approximately
2:00 a.m. on March 24. An autopsy revealed six gunshot wounds: one
to the face, one to the back of the neck, one to the right side of
the head, and three to the back. The autopsy also revealed several
blunt-force injuries to the victim's head and neck area.
Store managers determined that $57.54 in cash and
several adult entertainment magazines were missing from the store.
Among the missing cash was a two-dollar bill. The store had a record
of the serial number of that bill which allowed police to track it.
On the afternoon of March 24, Steele attempted to make a purchase
with the marked two-dollar bill and was arrested shortly thereafter.
Steele initially made several false statements
denying any involvement in the murder, but he eventually admitted
that he was present during the murder. Rowsey was arrested later
that day and subsequently charged with first- degree murder and
armed robbery. Steele pled guilty to second-degree murder and
robbery with a dangerous weapon in exchange for his testimony at
trial.
At trial, Rowsey tried to finger Steele as the
shooter. Rowsey questioned Steele regarding a letter that Steele had
written to Rowsey that allegedly concluded with the phrase "even
though you didn't do it." Steele admitted to writing the letter, but
denied writing the concluding line. Rowsey also introduced testimony
from two jail inmates who testified that they overheard
conversations between Rowsey and Steele during which Steele
acknowledged that he, not Rowsey, had killed the victim.
The State
countered this testimony, however, with substantial evidence
indicating that Rowsey was the shooter. The State introduced
evidence of Rowsey's shoe prints in the blood around the victim's
head, and evidence that Rowsey possessed the murder weapon both
before and after the murder. Furthermore, Steele provided extensive
testimony recounting the events of the murder and bolstering the
State's claim that Rowsey was the shooter.
Given the weight of the evidence, the jury
concluded that Rowsey was indeed the shooter and convicted him of
both first-degree murder and armed robbery. At sentencing, Rowsey
introduced evidence indicating that he had come from a broken home
and suffered a difficult childhood. The State introduced evidence
that Rowsey had broken into a church and stolen $900.00 worth of
items only weeks before the murder. The State also introduced
evidence of Rowsey's prior criminal record, which included fifteen
counts of injury to personal property in 1990, one count of
possession of a malt beverage by a minor in 1990, and two counts of
misdemeanor larceny in 1991.
The jury returned a recommendation of death. On
October 1, 1993, the trial judge entered judgment and sentenced
Rowsey to death. The Supreme Court of North Carolina affirmed the
conviction and sentence, State v. Rowsey, 343 N.C. 603, 472 S.E.2d
903 (1996), and the United States Supreme Court denied certiorari,
Rowsey v. North Carolina, 519 U.S. 1151, 117 S.Ct. 1087, 137 L.Ed.2d
221 (1997).