Ernest Basden

Case overview

Ernest Basden was executed by lethal injection in North Carolina on December 6, 2002.

Timeline

• January 20, 1992 — Billy White was shot and killed in a murder-for-hire scheme.
• February 12, 1992 — Taylor and Sylvia White were arrested for murder.
• 1993 — The North Carolina Supreme Court affirmed Basden’s death sentence.
• April 9, 1993 — Ernest Basden was sentenced to death in Duplin Superior Court for the murder of Billy Carlyle White.
• December 30, 1994 — The North Carolina Supreme Court affirmed Basden’s death sentence.
• 10/21/2002 — The Supreme Court of the United States denied Basden’s petition for a writ of certiorari to review the decision of the U.S. Fourth Circuit Court of Appeals which affirmed Basden’s conviction and sentence of death.
• December 4, 2002 — Lawyers and prosecutors made arguments to Governor Mike Easley regarding changing Basden’s sentence to life without parole.
• December 6, 2002 — Governor Mike Easley denied clemency; Basden was executed by injection early Friday and was pronounced dead at 2:19 a.m.
• Thursday night — Basden did not request anything special for his last meal and ate what others at Central Prison ate; his last statement was made before execution.

The offence

Basden shot Billy White twice in a murder-for-hire scheme devised by co-conspirators James Lynwood Taylor, his nephew, and Sylvia Ipock White, the victim’s wife.

Taylor pretended to be a wealthy businessman wanting to buy insurance and lured White to a wooded rural area. Taylor and Basden drove to the designated spot and waited. When White arrived, Taylor introduced himself to Billy. Basden then picked up a twelve-gauge shotgun he had placed on the ground beside the driver’s side of the car. Basden pointed the gun at Billy and pulled the trigger; the shotgun did not fire because Basden had not cocked the hammer back. Basden cocked the hammer and fired. Billy was knocked to the ground.

Basden removed the spent shell casing and loaded another shell into the shotgun. Basden then approached Billy, who was lying face up on the ground, and while standing over him, shot him again.

At the agreed arrangement, Taylor gave his cash-strapped uncle $300 for the killing. Investigators were aided by Basden after he confessed, including by telling them where to find the gun, which had been cut into pieces, buried in concrete, and thrown into the Trent River. Forensic evidence indicated the shotgun shells retrieved in Taylor’s backyard fire could have been fired from the same weapon.

Pathologist testimony described that Billy bled to death from massive shotgun wounds to the right upper chest and left lower abdomen. It was also stated that although his aorta was nearly severed from his heart, Billy did not die instantly, and he would have remained conscious for some period of time and would have felt pain.

After the shooting, Taylor and Basden drove back to Taylor’s house. Taylor said he thought he left a map at the crime scene, so they returned and went through Billy’s pockets, taking a blank check, wallet, and gold ring. They then returned to Taylor’s house and burned their clothing in the backyard. They also sawed the shotgun into three or four pieces with a hacksaw, put the pieces into a bucket of cement, and threw it over a bridge into the Neuse River.

Investigation and evidence

Prior to Basden’s arrest, police officers retrieved two metal base portions of spent shotgun shells found in ashes from the fire in Taylor’s backyard. Forensic examination indicated they were consistent with twelve-gauge shotgun shells and could have been fired from the same weapon.

Officers also went to Basden’s repair shop in Kinston and retrieved a man’s gold-tone ring with three diamond settings from Basden, who had it in his pocket.

Basden went to the Jones County Sheriff’s Department after Taylor told him that he had confessed. Taylor advised Basden to turn himself in and talk to SBI Agent Eric Smith. Basden was interviewed by Agent Smith and Detective Simms of the Lenoir County Sheriff’s Department. After giving some preliminary background information, Basden told the officers that he shot White.

Arrest

Taylor and Sylvia White were arrested for murder on February 12, 1992.

Trial

Basden was convicted in Duplin County in 1993 of first-degree murder and of conspiracy to commit murder, and he was sentenced to die.

Basden later confessed to his role in the killing. Both Taylor and Basden later confessed to their roles in the killing.

Jurors imposed a death sentence on Basden. Prosecutors said Basden’s conviction came largely because he confessed.

Defense lawyers argued that Basden was under the influence of Taylor, who gave Basden drugs and alcohol, and that Basden was depressed and that his sentence was harsher than those of his accomplices.

During clemency-related discussions, prosecutors argued that juries are reluctant to impose the death penalty except for the one who does the act, and that juries convicted Basden because “Only one person pulled the trigger; that was Mr. Basden.”

Quotations reflecting clemency and trial-related discussions included:

• District Attorney Dewey Hudson said: "Jurors are very reluctant to give the death penalty except for the one who does the act."
• District Attorney Bill Andrews said: "Only one person pulled the trigger; that was Mr. Basden," and "He was approached about killing Mr. White, thought about it for a while and then did it," and "That's pretty cold-blooded," and "I think it takes a more evil person to actually do a killing than it does talking about doing a killing."

Basden’s sister and supporters described Basden’s depression and drug and alcohol use during the period leading to the killing.

Sentencing

At trial, jurors sought a life sentence without parole option. Such a sentence was later described as having been approved by the Legislature in first-degree murder cases.

It was also stated that six jurors signed statements that they would have opted for life without parole if that sentence had been available.

Appeals

The Supreme Court of the United States denied Basden’s petition for a writ of certiorari on 10/21/2002 to review the decision of the U.S.

Clemency and last days

Governor Mike Easley denied Basden’s request for clemency. Basden attorney John Loftin said clemency was Basden’s client’s only hope to avoid death by injection at 2 a.m. Friday.

During clemency meetings, prosecutors told Easley the case was properly tried and Basden was convicted primarily because he confessed to the crime.

Defense lawyers gave the governor petitions and a videotape in which six jurors said they voted for a death sentence, but would have opted for life without parole if that sentence had been available.

Death row and execution

Basden did not request anything special for his last meal Thursday night. He chose to eat what all others at Central Prison ate. The menu included breaded veal, brown gravy, mashed potatoes, three-bean salad, mixed vegetables, slices of loaf bread, an orange and fruit punch.

Basden’s last statement included the following verbatim words:

"I killed Billy White. I'm sorry for it. And I pray that his family will come to forgive me and let time heal their wounds. And that's all we can do." "There's got to be forgiveness for the healing to start and the only way to do that is through Jesus Christ."

Before execution, Basden did not make eye contact with witnesses while the lethal chemicals were administered intravenously. He was pronounced dead at 2:19 a.m. at Central Prison.

Other co-defendants and related cases

Sylvia Ipock White was serving two consecutive life sentences. It was stated that she was convicted of murdering her four-year-old stepson and also that she pleaded guilty to second-degree murder in Billy White’s case, for which she received a life sentence.

James Lynwood Taylor was serving a life sentence.

Additional details

• Basden was described as 49 years old in the information provided around the execution.
• It was stated that Basden became a Christian after being locked up and led services on death row.
• Basden’s family described the killing as related to Basden being depressed and using drugs and alcohol, described as a “darker side of life.”
• ClarkProsecutor.org and other materials also described an execution chronology, including Correction Secretary Theodis Beck setting Basden’s execution date for December 6, 2002.