Gregg Francis Braun

Case overview

Gregg Francis Braun was executed by lethal injection in Oklahoma on July 20, 2000.

Victims and offences

Braun was convicted in connection with the July 21, 1989, robbery of Dodson Floral shop in Ardmore, Oklahoma. During the robbery, he forced three women in the shop to lie down in the back of the shop and shot each woman in the head with a .25 caliber pistol. Gwendolyn Miller died as a result; Jo Ann Beane and Mary Manning survived. Authorities said shell casings were found in the flower shop and a firearms expert determined the casings were fired from the same pistol Braun had when he was apprehended in New Mexico. A fingerprint was also found on a receipt from Mary Manning’s purse.

Braun’s conduct was described as part of a multi-state crime spree in which he killed five people in Kansas, Texas, Oklahoma and New Mexico. The victims described in connection with that spree were:

• Barbara Kochendorfer, 27, from Garden City, Kansas
• Mary Rains, 28, from Garden City, Kansas
• E.P. “Pete” Spurrier, murdered in his Pampa, Texas, photo processing shop
• Gwendolyn Sue Miller, 31, working at Dodson’s Flower Shop in Ardmore, Oklahoma
• Geraldine Valdez, 48, a convenience store clerk in Springer, New Mexico

Timeline

• July 19, 1989 — Barbara Kochendorfer, 27, and Mary Rains, 28, were murdered after they were abducted from convenience stores in Garden City, Kansas; both were shot in the head and their bodies were dumped in ditches three miles apart outside of town.
• July 20, 1989 — E.P. “Pete” Spurrier was murdered in Pampa, Texas, after being shot in the head during an incident involving a one-hour photo store.
• July 23, 1989 — Gwendolyn Sue Miller, 31, was shot to death in Ardmore, Oklahoma, after she and two other women were forced to lie face down on the floor and then were shot in the back of the head; JoAnn Beane and Mary Mannings were reported as surviving.
• July 23, 1989 — Michael Frank Greene, 37, was arrested in a Lawton, Oklahoma, hospital for the murder of Gwen Miller.
• July 23, 1989 — Gregg Francis Braun, 28, was arrested in New Mexico for the murder of Valdez after Greene had been arrested.
• August 3, 1990 — Braun was sentenced in New Mexico to life in prison for the capital murder of Valdez after he pled guilty but mentally ill.
• August 3, 1990 — Braun received additional sentences in Kansas for the murders/robberies after jurors could not reach a consensus on sentencing.
• August 18, 1993 — Braun was charged with first-degree murder for the shooting death of Miller.
• August 17, 1993 — Braun pled nolo contendere to murder in the first degree (Count I), shooting with intent to kill (Counts II-III), and robbery with firearms (Counts IV-V).
• August 19, 1993 — Sentencing hearings were conducted.
• August 20, 1993 — Sentencing hearings were conducted.
• August 23, 1993 — Judge Thomas Walker sentenced Braun to death for the murder of Miller.
• August 27, 1993 — Braun’s attorneys filed a motion to withdraw the plea; the motion was refused by Walker.
• September 21, 1993 — A hearing on the motion to withdraw the nolo contendere plea occurred, and Braun represented himself.
• May 2, 2000 — It was reported that Braun was pronounced dead at 12:17 a.m. after receiving lethal drugs, with an execution described as occurring early Thursday; his last statement and apologies were described in that report.
• June 27 — A clemency hearing occurred before the Oklahoma Pardon and Parole Board, with a vote of 4-0 denying a recommendation of clemency to Governor Keating.
• July 20, 2000 — Braun was put to death by lethal injection in Oklahoma State Penitentiary in McAlester; he was pronounced dead at 12:17 a.m.

Investigation and arrest

Greene was identified from a photo lineup by one of the survivors of the Ardmore shooting and was arrested on July 23, 1989, in a Lawton, Oklahoma, hospital for the murder of Gwendolyn Sue Miller.

Within hours of Greene’s arrest, Braun was arrested in New Mexico for the murder of Valdez. At the time of his arrest, Braun was alleged to have implicated himself in the murder of Miller. Braun was described as having been caught 40 minutes after Valdez’s murder with the gun still in his car.

When apprehended in New Mexico, Braun told authorities of the Ardmore homicide and homicides in Kansas and Texas. In connection with the Ardmore case, when asked how he could shoot someone in the back of the head, he chuckled and said, “It wasn’t as good as shooting craps in Vegas, but it was all right.” He was later described as having told police about his own feelings after the first murder, including that just after the first murder he felt he had to kill again.

Trial

Oklahoma plea and sentencing

Braun pled nolo contendere in Carter County Case No. CRF-89-332 to:

• Count I, Murder in the First Degree (21 O.S. Supp. 1989 701.7 [21-701.7](A or B))
• Count II, Shooting with Intent to Kill (21 O.S. Supp. 1987 652 [21-652])
• Count III, Shooting with Intent to Kill (21 O.S. Supp. 1987 652 [21-652])
• Count IV, Robbery with Firearms (21 O.S. Supp. 1982 801 [21-801])
• Count V, Robbery with Firearms (21 O.S. Supp. 1982 801 [21-801])

The Oklahoma Court of Criminal Appeals material described the sentencing as follows:

• The trial court sentenced Braun to twenty-five (25) years on each robbery count and life on each shooting count.
• After finding the presence of three aggravating circumstances, the trial court sentenced Braun to death for the murder.
• The trial court ordered each sentence to be served consecutively.

Aggravating circumstances and statutory findings

The court found three aggravating circumstances:

• that Petitioner knowingly created great risk of death to more than one person (21 O.S. 1981 701.12 21-701.12)
• that the murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution (21 O.S. 1981 701.12 21-701.12)
• the existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society (21 O.S. 1981 701.12 21-701.12)

The court did not find a fourth aggravating circumstance alleged: that Petitioner was previously convicted of felony involving use of threat or violence to person (21 O.S. 1981 701.12 21-701.12).

Motion to withdraw plea; self-representation

Braun filed a motion to withdraw the plea and asked for new counsel. Counsel arrangements were described as having been affected by a conflict of interest in which OIDS arranged for another lawyer, Mr. Payne, to represent Braun at the hearing, but Payne did not show up. James Rowan was present but not in a representative capacity. Braun then elected to proceed pro se.

Quotations

• Braun said: “You guys must be proud. You don’t know what kind of famous criminal you caught.”
• Braun chuckled and said: “It wasn’t as good as shooting craps in Vegas, but it was all right.”
• Braun said in connection with his apologies: “I’m sorry I murdered you. I’m sorry I took your lives. I pray for our Lord Jesus Christ to bless your lives and to save you. I’m so sorry I killed you,”
• Braun said: “What I did was unforgivable, but I ask you to forgive me”
• Braun said: “Save me Mother Mary from the eternal damnation I deserve.”
• Braun said: “I’m not an animal. I’m so sorry.”
• Braun said: “I’m so sorry,”
• Dusty Miller said: “I took an oath to love, honor and protect my wife. I wasn’t allowed to do it. Gregg Braun took that away from me. Making sure he pays for what he did -- it’s the last thing I can do to honor those vows,”
• Dusty Miller said: “We were afraid we would jinx it. But the attorney general's office has encouraged me to talk about it. Those who are trying to prevent it are talking,”
• Dusty Miller said: “I don’t understand how he could meet somebody like Gwen and still make a decision that the world didn't need her anymore,”
• Bill Spurrier said: “The execution brought everything back like it was yesterday, and it's not only for me, but for my wife and my mother,”
• Bill Spurrier said: “I know he'll never be able to commit another murder,”
• Bill Spurrier said: “I'm glad to get this over with,”
• Bill Spurrier said: “I feel sorry for Braun's family, but they did get the opportunity to say goodbye, which I never got that opportunity. I had to say goodbye to my dad at the grave.”
• Lelyn Braun said: “He's found peace with God,”
• Sister Jolene Geier, O.P., helped organize a prayer vigil; a prayer read: “We are gathered here in the presence of God who is full of compassion and mercy to pray for Gregg Braun who is scheduled to be executed before the night is over. We are here, also, to pray for his family and his victims and their families. We especially need to pray for those who cannot forgive Gregg, who has asked for forgiveness for his crimes.”
• Sister Jolene Geier, O.P., said: “We Sisters not only walked with the Hessmans but we walked with Gregg's family. We want the greater diocese to know that we Sisters encourage people to take a stand against the death penalty, and really let it be known that it is not a way to respond to evil.”
• Brother Jeremiah was quoted: “His letters were filled with so much pain,” and “He would vacillate. One letter would be full of self-hatred. He didn’t think God’s mercy could surpass the wrong that he’d done.”
• Brother Jeremiah was quoted: “He had a great devotion to Mary,” and “He knew that Jesus listened to his mother and that was a source of hope for him. In that way, God was approachable.”
• Brother Jeremiah was quoted: “He talked briefly about his upcoming execution,” and “He was torn between whether he should hold out hope for his appeals or begin preparing for his death.”
• Brother Jeremiah was quoted: “I can’t describe the look of sadness the likes of which I’d never seen before.”
• Sister Renee Dreiling was described as having corresponded with Braun since his arrest.
• The vigil read: “We are here tonight to remember the stories that have been told over and over during these 10 years since those horrible events took place. It is through telling our stories that reconciliation can happen within ourselves first of all and then with others who are involved. Reconciliation is the work of God, who initiates and completes in us reconciliation through Jesus. Reconciliation is not a human achievement, but the work of God within us.”

Sentencing

New Mexico and Kansas

Braun pled guilty but mentally ill to the New Mexico charge of the capital murder of Valdez and was sentenced to life in prison. He also received life sentences in Kansas for the murders after jurors could not reach a consensus on the sentencing.

Oklahoma death sentence

On August 23, Judge Thomas Walker sentenced Braun to death for the 1989 murder of Miller after finding three aggravating circumstances and ordering the sentences to be served consecutively.

Appeals

Braun received review in Oklahoma involving:

• Case No. C-93-993 with decisions described as filed on August 7, 1995, and rehearing denied on September 12, 1995.
• The Oklahoma Court of Criminal Appeals affirmance stated:
  • The judgments and sentences for Murder in the First Degree, two counts of Shooting with Intent to Kill, and two counts of Robbery with Firearms in Carter County Cause No. CRF-89-332 were affirmed.
  • Petitioner's motion to reconsider the denial of a supplemental brief was denied.
• A U.S. Court of Appeals for the Tenth Circuit decision described habeas review of Braun’s waiver of assistance of counsel and his claim that his blind plea of nolo contendere was involuntary due to ineffective assistance of counsel. The federal court affirmed the district court’s denial of habeas relief.

Clemency

The Oklahoma Pardon and Parole Board held a clemency hearing for Gregg Braun on Tuesday, June 27, in Oklahoma City. Braun was represented by Benjamin McCullar and Jim Rowan. The Board voted 4-0 to deny a recommendation of clemency to Governor Keating.

Execution

Braun was executed by lethal injection at Oklahoma State Penitentiary in McAlester on July 20, 2000. He was pronounced dead at 12:17 a.m. The execution was witnessed by 39 family members of the five persons killed in 1989, with 12 watching from a viewing room in the death chamber and 27 watching through close-circuit television.

Braun requested only one witness, Rev Chi Peter Phung, a Catholic priest. Braun asked his family members not to witness his execution.

Braun’s last statement was described as sometimes slurred and lasting for about three minutes, during which he apologized to his victims’ families and named them one by one.

Other details

• Braun was described as the son of a prominent Garden City lawyer at the time of the crimes and as having a college degree in criminal justice.
• Lelyn Braun described that drugs and alcohol contributed to the murder spree; he also was quoted about seeking the defendant’s return to New Mexico to serve a life sentence there.
• Dusty Miller and their children planned to watch the execution on the eve of the anniversary of Gwendolyn Sue Miller’s death, with plans to travel to Oklahoma State Penitentiary in McAlester and to meet members of the attorney general’s staff and tour the prison.
• Mary Rains left behind three young children; Barbara Kochendorfer left behind five, including that the youngest was 2.