Michael Francis Beuke

Background

Michael Francis Beuke was known as the “mad hitchhiker” in publicity surrounding the case.

The offence

Beuke committed a three-week string of shootings in 1983 involving Gregory Wahoff, Robert Craig, and Bruce Graham.

Beuke produced a .38 caliber revolver and demanded that Wahoff drive to a rural area in Hamilton County, Ohio. Beuke forced Wahoff to drive to a rural area and then shot him in the back, lodging a bullet in his spine and paralyzing Wahoff. Beuke fired a second shot at Wahoff’s face. Wahoff survived the attack and was later paralyzed for life and died four years before the May 13, 2010 execution.

Two days after Wahoff’s attack, police found Robert Craig’s body in a roadside ditch in Clermont County, Ohio. Craig had been shot twice in the head and once in the chest with a .38-caliber revolver. Craig’s abandoned car was found in a parking lot in the Tri-County Mall in Hamilton County, Ohio, and police found fresh fish in storage containers in the car’s trunk.

Later, Bruce Graham saw Beuke walking with a gas can and gave him a ride. Beuke forced Graham to drive to a rural area in Indiana. Beuke shot at Graham, grazing Graham’s forehead and striking Graham’s shoulder. Graham reached a nearby farmhouse and survived.

In July 1983, an Ohio grand jury returned a ten-count indictment against Beuke charging him with aggravated murder, attempted aggravated murder, aggravated robbery, kidnapping, and carrying a concealed weapon. The indictment included aggravated murder with two specifications: (1) committing aggravated murder as part of a course of conduct involving the purposeful attempt to kill two or more persons, and (2) committing aggravated murder in the course of an aggravated robbery.

Investigation

Authorities were tipped to Beuke’s identity by a co-worker who said Beuke told him he was the man wanted in the hitchhiker shootings.

Police discovered a cup from Wahoff’s car and other evidence in Beuke’s vehicle. Beuke was carrying the gun when he was arrested. Police obtained a warrant and searched a car Beuke had been driving, which he had borrowed from Michael J. Cahill. The police found evidence including a large green plastic cup removed from Wahoff’s car, a red gas can, and a blood-stained football jersey.

At 11:52 a.m. on June 29, 1983, a Hamilton County sheriff’s detective recognized Beuke from a composite that had been circulated. Beuke first responded to questioning with a false name, and then admitted his identity, telling the detective, “You have got me.”

A search of the green Thunderbird pursuant to a warrant occurred on June 29, 1983, and police found the green cup taken from Wahoff’s automobile, the gas can used in the Graham assault, and a blood-stained blue and white football jersey in the trunk.

Thorold Todd, a Clermont County Prosecutor's office investigator, provided opinion testimony about the manner and sequence in which Craig was shot.

Arrest

Beuke was arrested in possession of a .38 caliber revolver wrapped inside a windbreaker that he was carrying. At the time of his arrest, police had recovered physical evidence linking him to the shootings, including fingerprints on the vehicles and the gun.

Trial

Beuke did not testify or present direct evidence in his defense.

Beuke’s jury trial began on September 19, 1983. The prosecution presented evidence implicating Beuke, including testimony from Wahoff and Graham, evidence linking bullets extracted from Wahoff and Craig to Beuke’s gun, Beuke’s fingerprints on Wahoff’s and Craig’s automobiles, and Cahill’s testimony about Beuke’s confession.

On October 5, 1983, the jury returned guilty verdicts on all ten counts and the two specifications, making Beuke eligible for the death penalty. The trial court granted only a short, one-day continuance for the penalty hearing and set the hearing for October 7, 1983.

At the penalty hearing, Beuke introduced a presentence report and mitigation testimony from his parents. Defense counsel moved for a continuance of the penalty hearing, which was granted for one day. The jury found beyond a reasonable doubt that aggravating factors outweighed mitigating evidence and recommended that Beuke be sentenced to death. The trial court adopted the jury’s recommendation and imposed the death penalty and additional consecutive prison terms for the other crimes.

The trial court considered the nature and circumstances of the crimes and found statutory aggravating factors outweighed mitigating factors.

Sentencing

Beuke was sentenced to death for aggravated murder and received consecutive terms of imprisonment for other crimes.

Aggravating circumstances found included:

• the offense being committed as part of a course of conduct involving the purposeful killing of Robert S. Craig and the attempt to kill Gregory Wahoff and Bruce Graham, and that Beuke was the principal offender in the aggravated murder alleged in Count VII and the principal offender in the attempted aggravated murders alleged in Count I and Count IV, as specified in Section 2929.04(A)(5) of the Ohio Revised Code; and
• the offense being committed while Beuke was committing or attempting to commit aggravated robbery and that Beuke was the principal offender in the aggravated murder alleged in Count VII, as specified in Section 2929.04(A)(7) of the Ohio Revised Code.

Mitigating factors were considered under R.C. 2929.04(B). The trial court found that factors (1), (2), (3), and (6) did not apply upon the evidence presented, and it treated factor (4) (youth) as mitigating but not sufficient to excuse the course of conduct without evidence that it should weigh heavily. The trial court found factor (5) (lack of significant prior criminal convictions and delinquency adjudications) did not weigh heavily given Beuke’s prior criminal record consisting of four criminal convictions since May 1980. The court found no additional mitigating factors that outweighed the aggravating factors.

The independent weighing process upheld the sentence of death, and the court also reviewed proportionality by comparing with other capital cases in which the death penalty had been upheld.

Appeals

Direct appeal (Ohio Supreme Court)

The Supreme Court of Ohio affirmed the convictions and sentence of death. The Court addressed claims about prosecutorial closing argument at the penalty phase, the jury’s role described as a recommendation, and other penalty-phase and guilt-phase claims including venue and evidentiary rulings.

The Supreme Court overruled Beuke’s propositions of law and affirmed the judgment and sentence of death. Wright, J. dissented in part and concurred in part.

Postconviction relief (Ohio)

After affirmance and sentencing, Beuke petitioned for postconviction relief. The Court of Common Pleas denied the petition and the Court of Appeals, Hamilton County, affirmed. Beuke filed a second petition for postconviction relief; the Court of Common Pleas declined to hear it and the Court of Appeals affirmed, holding that newly discovered evidence from an FBI file was insufficient to invoke jurisdiction for a second postconviction petition, that medical evidence could not have been discovered earlier, and that newly discovered documents that failed to mention an inculpatory statement likewise did not invoke jurisdiction.

Federal habeas corpus

Beuke sought federal habeas corpus relief after his state-court conviction and death sentence were upheld on direct appeal and after state postconviction relief was denied. The United States District Court for the Southern District of Ohio denied the petition.

The United States Court of Appeals for the Sixth Circuit affirmed dismissal. The appellate court held that:

• Beuke procedurally defaulted a claim of ineffective assistance of appellate counsel;
• suppressed evidence was not material under Brady;
• denial of requests related to dismissing jurors did not violate the right to an impartial jury;
• Beuke did not establish ineffective assistance of counsel at the penalty phase; and
• the prosecutor’s improper statements during closing argument at the penalty phase did not violate due process;
• the trial court’s instruction not to be influenced by sympathy did not violate the Eighth Amendment; and
• the district court was not required to hold an evidentiary hearing before denying relief.

A separate dissenting opinion was filed by Judge Boyce F. Martin, Jr.

Outcome

Beuke was executed by lethal injection in Ohio on May 13, 2010.

No complications arose during the execution.

Beuke pronounced dead at 10:53 a.m.

Beuke recited the Rosary for 17 minutes before death and also recited an early Christian creed and the Lord’s Prayer. Witnesses were shaking their heads before his repetitive statement was over, clearly impatient that it went on so long. Final words included: “Before the chemicals flowed into his bloodstream, he spent 17 minutes reciting the Rosary. He also recited an early Christian creed and the Lord's Prayer as tears rolled down his left cheek.”

The witnesses for the execution included Susan Craig, the widow of Robert Craig, and Dawn and Paul Wahoff, the children of Gregory Wahoff. Gregory Wahoff’s wife, Joann, gave up her witness chair to her children. Robert Craig Jr. accompanied his mother to Lucasville but did not witness the execution.

Beuke had been scheduled to die by lethal injection for the 1983 aggravated murder of Robert Craig, and he had been convicted for attempting to kill another Ohio motorist (Gregory Wahoff) and one from Indiana (Bruce Graham).

Beuke had expressed remorse and had said he committed the crimes because he needed $2,500 to hire an attorney to defend him on a drug trafficking charge and needed a stolen car to rob a bank for the money.

Other details

People and victims

• Gregory Wahoff (28), of Cincinnati, gave Beuke a ride on May 14, 1983, and was shot in the back and face. He was paralyzed for life and died four years before the execution.
• Robert Craig (27), of Cincinnati, was found dead June 1, 1983, in a roadside ditch in Clermont County, Ohio. His body was shot twice in the head and once in the chest with a .38-caliber revolver.
• Bruce Graham (34), of West Harrison, Indiana, gave Beuke a ride on June 3, 1983, and was shot but did not die. The bullet grazed Graham’s forehead and another struck Graham’s shoulder.
• Susan Craig was Robert Craig’s widow.
• Joann Wahoff was Gregory Wahoff’s wife.
• Dawn and Paul Wahoff were Gregory Wahoff’s children.
• Robert Craig Jr. was named after Robert Craig.

Additional individuals

• Michael J. Cahill was Beuke’s co-worker and provided testimony about Beuke’s involvement and confession.
• Kim E. Wilson was a high school student who lived on Romohr Road in rural Clermont County, Ohio, and later identified Beuke at trial.
• Peter Voss was identified at trial by Kim and was involved in measuring rooms for carpeting ordered from Beuke’s employer, Harry’s Corner.
• Arthur M. Ney Jr. was the prosecuting attorney.
• Norbert A. Nadel was the presiding judge.
• Julie Walburn was described as a Southern Ohio Correctional Facility representative.
• Dale Baich was identified as Beuke’s attorney, a federal public defender.
• Gov. Ted Strickland was mentioned in connection with clemency requests.
• Stephen Maher was described as an assistant attorney general for Ohio.
• ClarkProsecutor.org Ohio Department of Rehabilitation and Correction inmate details included:
  • Inmate: Michael Francis Beuke
  • DOB: February 14, 1962
  • County of Conviction: Hamilton County
  • Date of Offense: Between May 14, 1983 and June 3, 1983
  • Case Number: B832526
  • Date of Sentencing: October 25, 1983
  • Presiding Judge: Norbert A. Nadel
  • Institution: Ohio State Penetentiary
  • Inmate#: OSP #A176-128

Trial and sentencing information

Beuke was convicted of:

• Aggravated Murder (Death)
• Attempted Aggravated Murder (7-25 years)
• Kidnapping (7-25 years)
• Aggravated Robbery (7-25 years)
• Count 4 Carrying Concealed Weapon (3-10 years)

Special meal and prison details

Beuke opted against a special meal and planned to eat a normal prison dinner of chicken a la king, mashed potatoes and lima beans.

Quotes

Beuke’s lawyer, Dale Baich, stated: “The man who was executed today was not the same person who committed those crimes 27 years ago. His time in prison was a story of remorse and redemption,”

Beuke’s clemency request said he accepted responsibility and prayed: “that God will ease the pain I have caused my victims.”

Beuke apologized to the widows of his victims as quoted: “Mrs. Wahoff, I am sorry. Mrs. Craig, I am sorry. Mr. Graham, I am sorry,”

Beuke’s final reported words included the recitation of the Rosary, an early Christian creed, and the Lord’s Prayer.