Richard Lewis Brimage

Offender

Richard Lewis Brimage, Jr.

Victim

Mary Beth Kunkel, 19-year-old Texas A&M University business major.

Status / disposition

Richard Brimage, Jr. was executed by lethal injection in Texas on February 10, 1997.

Timeline

• October 5, 1987 — Brimage telephoned Mary Beth Kunkel to come to his residence at 1135 West Richard Street to retrieve some engineering tools for her boyfriend.
• October 8, 1987 — Brimage was arrested at a Corpus Christi motel.
• October 9, 1987 — Brimage was arrested at a Corpus Christi motel and charged with murder and attempted kidnapping.
• February 10, 1988 — Brimage was convicted of capital murder and sentenced to death.
• September 21, 1994 — The Texas Court of Criminal Appeals determined the evidence was obtained illegally and overturned the capital murder conviction; the delivered date for the en banc opinion was September 21, 1994.
• January 10, 1996 — The Texas Court of Criminal Appeals overturned the previous September 21, 1994 decision and upheld the initial conviction.
• November 7, 1996 — A District Judge determined Brimage to be competent enough to forego his appeal rights and set an execution date.
• February 10, 1997 — Brimage was executed, age 40.

The offence

Richard Brimage, Jr. murdered Mary Beth Kunkel in his parents’ home after attempting to rape her.

On October 5, 1987, Brimage injected Kunkel with cocaine, strangled her, and stuffed a sock down her throat to prevent her from screaming. He bound Kunkel with nylon stockings, cut off her clothes, and stuffed her body inside the trunk of his parent’s Cadillac.

The police later found Kunkel’s body in the trunk of a car in the garage. The body was unclothed from the waist down and bound at the wrists and elbows. The feet were bound to the elbows behind the body, causing an arching exposure of Kunkel’s genital area. A ligature was tightly tied around her neck, and a sock had been forced down her throat.

The autopsy results were consistent with homicide, and Kunkel could have died from any of three causes: manual strangulation, asphyxiation by the sock obstructing her airway, or ligature strangulation. The medical examiner testified he could not determine when, during the assault by Brimage, Kunkel had died.

The medical examiner stated that the struggle that precipitated Kunkel’s death probably was brief, lasting no more than a few minutes. He found no physical evidence of sexual assault, but opined that "the sexual nature of the crime [was] obvious because of the positioning of the body and the way the body [was] tied up with the legs spread and the -- the -- the feet tied back underneath the body with the body arched to expose the genital area."

During the trial, the jury was given statutory definitions of attempt, kidnap, restrain and abduct, and was charged, inter alia:

"Now, if you find from the evidence beyond a reasonable doubt that on or about October 5, 1987, in Kleberg County, Texas, that the defendant, Richard Brimage, Jr., did then and there intentionally cause the death of an individual, Mary Beth Kunkel, by strangling her with his hands or by strangling her with a ligature, or by suffocating her with a sock, in the course of committing or attempting to commit the kidnapping of Mary Beth Kunkel, then you will find the defendant guilty of capital murder as charged in the indictment."

The jury found Brimage guilty of capital murder.

Investigation

A missing persons investigation began after Kunkel was reported missing. Kunkel was last seen leaving for Brimage’s residence; she was later seen by a friend turning onto West Richard Street shortly before 8 a.m. Her boyfriend, Michael Beagly, became alarmed when he found her car parked on the Texas A&M campus in a place not frequented by Kunkel; her purse was in the car.

By Wednesday, October 7, 1987, the investigation focused on Brimage. Police knew Brimage was acquainted with Kunkel through his employment at a Lockheed plant where her boyfriend was his supervisor. Police knew Brimage had quit his job without notice and knew Kunkel’s car had been found near Brimage’s residence. Police also were told that the month before Brimage had attempted to sexually assault another woman.

Search and seizure at Brimage’s residence

Police attempted to locate someone at Brimage’s home at 1135 West Richard Street. When no one answered the knocks at the front door, officers explored the outside of the house, peering through windows and checking for unlocked doors. All doors and windows were locked, the garage door was down, and the lights out. Officers left satisfied that no one was home.

Captain George Gomez, Jr. assumed supervision of the investigation. Gomez contacted Roy C. Turcotte, a local attorney and a relative of Brimage. Gomez asked Turcotte for permission to search the residence, and Turcotte said he would find out how to contact Brimage’s parents and expressly told Gomez that he did not have authority to consent to a search of the Brimage residence.

Bennett broke into the house with Turcotte after being contacted by Turcotte.

Police later entered the house without securing a warrant. The police search was suspended at approximately 2:00 o’clock that morning, and the house was secured. The police returned the following day to collect more evidence without a warrant.

During the search, officers found the master bedroom in a state of disarray with clothing and other items littered on the floor and bed. A jewelry box had been knocked over. A heavy blanket had been placed over a window screened by venetian blinds and drapes. Some clothing was cut up and blood had been splattered in several places.

Within an hour, officers found Kunkel’s body in the trunk of a car in the garage. The search continued for several hours gathering evidence.

Arrest

Brimage was arrested at a Corpus Christi motel and charged with murder and attempted kidnapping.

Confession

While in the Corpus Christi jail awaiting transfer back to Kingsville, Brimage was interviewed by an investigator from the district attorney’s office. Brimage’s written confession was admitted into evidence.

The confession stated:

"My name is Richard Lewis Brimage, Jr. I am 31 years old and I live at 1135 W. Richard, Kingsville, Texas. Last Thursday, October 1, 1987, I started trying to pick up some girls and party with. This went on through the weekend. On Monday, October 5, 1987 early at about 6 am or 7 am I called Mary Beth Kunkel at home. Her mother ansewered (sic) and I asked for Mary Beth. She came to the telephone and I told her I had some engineering tools for a gift for her boyfriend Mike. I knew if I told her they were for Mike she would come over to my house. She agreed to come over. She came over and I took her to the back bedroom where the tools were. As she looked at tools I grabbed her and she said, What Richard, what. I was standing behind her and grabbed her by the shoulders. She struggled and started screaming and I forced her into the master bedroom. She continued screaming and I kept hitting her and started chocking her. I wanted her sexually real bad and that is why I lured her to my house. We wrestled for a while and when she would not stop screaming, I finally choked her with my hands. I wasn't sure she was dead, so I started to tie her up up (sic) so she would not struggle anymore. I got some nylons and pulled her feet behind her back. I tied her hands to her feet where she was bent out of shape. I remember seeing blood on her face and blood on my pants. I want to say that during this time another guy was with me. His name is Leo Molina. Leo had been with me for the past three or four days. I woke him up to tell him Mary Beth was coming over. I told him to wait in the back bedroom where all the struggle took place. While she was screaming we decided to inject her with some cocaine to stop her from screaming. We managed to do so. She kept going wild, trying to escape. I kept telling her to stop screaming. Leo, I remember was trying to feel up her shorts and touch her between her legs. After I was certain she was dead, tied up, I took off her shorts, so I could admire her body. Before this I told Leo to take her car from in front of my house and park it at the college campus somewhere. While Leo was gone I picked up Mary Beth and put her in the trunk of my parents' car."

Co-defendant / accomplice testimony

Leo Molina accepted a plea bargain and offered a significantly different, self-serving account. He testified that Brimage sent him to a back room because someone was coming over to engage in sex with Brimage. Molina testified he heard Brimage conversing at the front door, heard struggling, and saw Brimage "dragging a female into the back bedroom[;]" Molina testified he heard the female scream:

"Please don't hit me. Don't hurt me. I'll do anything[;]"

Molina testified he went to the master bedroom while the struggle was still going on, saw Brimage striking the female, saw Brimage inject her with cocaine, and fled the back bedroom while the struggle was still going on.

Autopsy and medical evidence

Dr. Joseph Rupp, Medical Examiner for Nueces County, performed the autopsy. He testified the results were consistent with homicide and that Brimage could have died from manual strangulation, asphyxiation by the sock obstructing her airway, or ligature strangulation. Rupp based analysis on autopsy results and Brimage’s confession.

Rupp stated:

"Q: Would you tell us if you choke somebody with your hands, how long it takes until they -- they become unconscious and dead? A: Well, if you get a good hold and they don't get away momentarily . . . and you compress those major (blood) vessels, you have about 15 seconds of consciousness. Q: How long until death? A: If you compress and you lose consciousness in 15 seconds, you will die in a couple of minutes at least. Q: Now, if I were choking someone, is it possible for me to after they reach unconsciousness become uncertain as to whether I have successfully killed them or not? A: Absolutely . . . . Q: Based on reading (appellant's) confession and doing your autopsy and all of the evidence in the case . . . you believe that the strangulation rendered her unconscious and then the sock was applied and then the ligature was applied? A: Yes. Q: Okay. Could you actually pinpoint a time of death, Dr. Rupp? A: No . . . ."

The medical examiner stated the struggle was brief, lasting no more than a few minutes, and found no physical evidence of sexual assault, but opined on the sexual nature of the crime based on positioning and bindings.

Trial

The trial was transferred from Kleberg County to Comal County due to pervasive publicity.

The Court of Criminal Appeals described the conviction as follows: Brimage was convicted of the offense of murder in the course of committing or attempting to commit kidnapping, a capital offense under V.T.C.A. Penal Code, 19.03(a)(2). The trial involved change of venue to Comal County. The jury answered the special issues affirmatively and punishment was assessed at death in accordance with former Article 37.071, V.A.C.C.P.

Punishment phase

During the punishment phase, the State re-offered evidence from the guilt/innocence phase. The State called two women to testify about encounters with Brimage.

1. A topless dancer at a club in Kingsville:

• On October 8, 1987, three days after the murder, Brimage offered dancers money to come "party" with him; none accepted.
• Brimage asked for a particular woman and asked again if she would come to his motel room; she declined and never heard from him again.

2. An acquaintance and school mate and one of his sisters:

• On September 21, 1987, Brimage invited the witness to his house on the pretense of surprising his sister returning from a trip.
• Once inside, Brimage told her his sister was in another room; when she turned, Brimage hit her over the head with an object, knocked her to the ground, and jumped on top of her.
• The witness testified:

"something snapped."

• Brimage apologized, let her up, and allowed her to leave.
• The witness reported the incident to police despite Brimage’s requests that she not tell the police.
• No formal charges were filed.

Apart from that testimony, the State presented evidence of Brimage’s prior criminal record and proved he had twice been placed on probation for offenses in Washington State and Texas:

• September 30, 1977: Brimage entered a plea of guilty to possessing stolen property and was placed on deferred adjudication probation for two years. The offense arose from a purse snatching incident involving an 85-year-old woman in Island County, Washington. Brimage did not commit the actual purse snatching but was found in possession of jewelry and more than $250 taken from the elderly woman. He successfully completed probation and was released from disabilities of that crime.
• May 5, 1983: Brimage entered a plea of guilty to forgery by passing checks. He was sentenced to five years confinement, but the trial court suspended the sentence and placed him on probation for five years.
• Within two and one-half years, probation was revoked for failure to report and failure to pay a supervisory fee required after release from Cenikor, a drug rehabilitation center in Houston.
• After revocation, he was sentenced to two years in the penitentiary and was released in January 1987.

Appellant called relatives and friends who testified he would not be dangerous in the future.

The two special issues of former Article 37.071(b) were submitted to the jury, which answered both affirmatively. Brimage was sentenced to death in accordance with former Article 37.071(e).

Appeals

An automatic appeal was filed.

The Texas Court of Criminal Appeals delivered an en banc opinion on September 21, 1994. It described that Brimage challenged the sufficiency of the evidence supporting conviction and sentence and the legality of a warrantless search of his home. The Court stated: "We will reverse."

The opinion addressed:

• The evidence was sufficient to support a verdict of guilty to the charge of capital murder.
• The jury’s future dangerousness finding was minimally sufficient.
• The warrantless search violated Article 38.23 because evidence obtained from the unlawful search was admitted; the error was not harmless beyond a reasonable doubt. The Court concluded:

"Having found that the search of appellant's home was illegal, and that evidence obtained in that search was admitted against him at trial in violation of Article 38.23, supra, and that the error in admitting the evidence was not harmless beyond a reasonable doubt, we reverse appellant's conviction and remand the cause to the trial court."

The Court’s en banc opinion was delivered by Clinton, Judge, on September 21, 1994. The opinion included a concurring and dissenting opinion and an opinion in dissent.

• A motion for rehearing was filed by the State.
• On January 10, 1996, the Appeals Court overturned the previous September 21, 1994 decision and upheld the initial conviction.

Matthew W. Paul, assistant state attorney, stated:

"It is rare for the Appeals Court to reverse it’s own decision."

Brimage refused habeas corpus and stopped all appeals.

On November 7, 1996, a District Judge determined Brimage competent to forego his appeal rights and set an execution date.

Execution

Brimage was executed on February 10, 1997. He was 40 years old.

His last statement was:

"Not from me but I have a message to you from God. Save the children. Find one who needs help and make a small sacrifice of your own wealth and save the innocent ones. They are the key for making the world a better place."

Kunkel’s family members witnessed the execution. Richard Kunkel said his family was relieved that the incident was finished.

Other details

Brimage lived with his parents at the West Richard Street residence since January 1987, had his own room, and had keys to both the house and his parents’ cars. His parents had left a week earlier on an extended vacation, leaving Brimage in charge of the house.

Kunkel’s friend saw her turning onto West Richard Street shortly before 8 a.m.

Brimage had been acquainted with Kunkel through his employment at the nearby Lockheed plant; her supervisor there was Kunkel’s boyfriend.

Brimage’s uncle, District Judge Max Bennett, was mentioned as maternal uncle of Brimage.

Roy C. Turcotte was described as Brimage’s relative and a Kingsville attorney.

Captain George Gomez, Jr. was the detective with the Kingsville Police Department who assumed supervision of the investigation.

Fugate provided comments quoted in the summary:

"That was a tough place to try a capital murder case 10 years ago," Fugate said. "I think it took them about 45 minutes to find him guilty and an hour to kill him."

Fugate also said:

"He was a good person with an extremely bad drug habit. “When he was on drugs he was a very different person,” Fugate said. “He had been shooting and snorting cocaine for about three or four days straight. I don’t even think he meant to kill that girl.”"