James Allridge

Case overview

James Vernon Allridge (also written as James Vernon Allridge III) was convicted of capital murder and sentenced to death for the February 3, 1985 murder and robbery of convenience store clerk Brian Clendennen in Fort Worth. He was executed by lethal injection in Texas on August 26, 2004.

Timeline

• February 3, 1985 — James Vernon Allridge and his older brother, Ronald Allridge, left their apartment to rob a Circle K convenience store in East Fort Worth.
• March 25, 1985 — Ronald and James Allridge were arrested at their apartment after a robbery-murder at a Whataburger restaurant on Sycamore School Road; Ronald was identified as the shooter in that robbery-murder, and James was also arraigned for the Whataburger offense.
• March 1987 — Allridge was found guilty of capital murder and sentenced to death.
• November 13, 1991 — The Texas Court of Criminal Appeals affirmed Allridge’s judgment and sentence on direct appeal.
• July 15, 2003 — The U.S. Court of Appeals for the Fifth Circuit affirmed the federal district court’s denial of habeas corpus relief.
• November 20, 2003 — Allridge filed a petition for a writ of certiorari with the U.S. Supreme Court.
• March 22, 2004 — The U.S. Supreme Court denied Allridge’s petition for certiorari review.
• August 19, 2004 — The Texas Attorney General Media Advisory announced Allridge was scheduled for execution after 6 p.m. on August 26, 2004.
• August 26, 2004 — Allridge was executed by lethal injection in Texas. He was pronounced dead at 6:22 p.m. CDT, after the lethal injection was started at 6:13 p.m.

Background

James Vernon Allridge III was described as a 41-year-old man at the time of execution. He was executed by lethal injection on August 26, 2004, in Huntsville, Texas, and was housed at the Allan B. Polunsky Unit (Building 12 BA 08), with an address listed as 12002 E.M. 350 South City, Livingston, Texas 77351-9630. The record also listed his hobbies as puzzles and word games, and his interests as art, writing, and reading, and it listed religious or spiritual preference as “No organized religions.” It listed vocational or trade information as mill and cabinet making and custom furniture building.

Allridge’s later life included prison art work and writing. While on death row, he made art prints and greeting cards, and he sold items on an internet web site set up and operated by sympathizers. His art and the associated sales drew attention from death penalty opponents and criminal justice advocates, including discussion of a Texas law intended to restrict “murderabilia,” and the question of whether proceeds from his prison-made items should be confiscated. A parole board rejected his clemency petition.

The offence

Circle K robbery and killing of Brian Clendennen

On Sunday night, February 3, 1985, Allridge and his older brother, Ronald Allridge, left their apartment to rob a Circle K convenience store on Sycamore School Road in Fort Worth. Allridge carried a chrome Raven .25 calibre semi-automatic pistol. Ronald Allridge drove the car.

Allridge and Ronald selected the Circle K store because Allridge was familiar with the store’s procedures from his past experience as an employee, and Allridge knew where the combination to the safe was kept. Ronald dropped Allridge off and went around the corner to wait. The attendant, Brian Clendennen, had already closed the store for the evening; Clendennen had been working that night as a substitute for another clerk. Allridge and Clendennen knew each other from the period when Allridge had worked for Circle K from December 1984 through January 1985.

Allridge asked for change for a dollar to use the phone. Clendennen unlocked the door and made change. Allridge pretended to use the phone and left to rejoin Ronald. Ronald accused Allridge of “chickening out,” dropped him off at the store a second time, and Allridge knocked at the door. Clendennen opened the door, and Allridge pulled his gun and forced Clendennen into the store.

Allridge took Clendennen to the back storeroom and tied Clendennen’s hands behind his back. He emptied the register and safe, placing money in a sack. After some of the change fell to the floor, Allridge heard movement in the storeroom, returned, and found that Clendennen had moved. Allridge made Clendennen get back on his knees and shot him twice in the back of the head. Allridge left with bills and some of the change.

Allridge rejoined Ronald, and Allridge discovered his pistol had jammed on the second shot. He decided to return to make sure Clendennen was dead. When Allridge got to the front of the store, he saw a woman waiting in a car in the parking lot and ran from the scene back to Ronald without entering the store again. The woman was identified as Brian Clendennen’s mother.

After Allridge fled, Mrs. Clendennen opened the door and looked in. She saw change laying on the floor but did not see her son. She ran back to her car and went to the Whataburger on Sycamore School Road to get help, and someone called the police. Other people ran down to the Circle K to try to help.

When police arrived, they found Brian Clendennen in the back storeroom with his hands still tied behind his back and barely breathing. Clendennen died the next day. An autopsy confirmed that he died from the gunshot wound to the head received during the course of the robbery. The police retrieved an intact slug from the victim’s head. The police said they had no leads in the robbery-murder for six weeks.

Victim details and the robbery amount

The records stated that Clendennen was robbed of money from the Circle K store, and that after Allridge and Ronald returned to their apartment and counted the money, they got $336 in the robbery. Other parts of the narrative stated that the store was robbed of $300.

Subsequent actions and additional robberies

During the punishment hearing, the state introduced evidence that after murdering Clendennen, Allridge committed or participated in seven other aggravated robberies of stores or restaurants in Fort Worth. In four of the offenses, Allridge entered the store or restaurant armed and alone to carry out the robberies. In two of the robberies, he was one of several robbers in the restaurant.

The Court of Criminal Appeals also summarized evidence that Allridge was involved in the robbery-murder at a Whataburger in Fort Worth, where his older brother Ronald received the death penalty.

Investigation and arrest

On March 25, 1985, three men pulled a robbery-murder at the Whataburger Restaurant on Sycamore School Road. A witness positively identified Allridge’s brother, Ronald, as the shooter in the robbery-murder. The police arrested Allridge and his brother at their apartment on March 25, 1985.

After the arrest, Allridge was taken outside the apartment to the parking lot. Police testified that Allridge was not threatened, promised, or physically abused. Allridge signed a consent to search his room in the apartment. During the search, police recovered the Raven .25 calibre pistol used in the Circle K offense.

Allridge was arraigned by Municipal Court Judge Bernal for the Whataburger offense. At trial, Bernal testified she did not recall whether Allridge requested an attorney to be appointed to represent him. Her bailiff, A.D. Marshall, testified that Allridge did not request an attorney at his arraignment.

At 10:00 a.m. on March 26, 1985, Allridge gave police a written confession admitting that he killed Brian Clendennen in the course of robbing him at the Circle K store. The detective who took the confession testified that Allridge did not invoke any rights or request assistance of counsel during the interrogation.

Testimony at trial revealed that Allridge purchased the Raven .25 calibre pistol at a pawn shop on September 11, 1984. A ballistics expert testified that the bullet retrieved from the victim’s head was fired from the Raven .25 calibre pistol.

Trial

Allridge was convicted of capital murder. The case proceeded to a punishment hearing in which special issues were submitted under Art. 37.071(b)(1) and (2) of V.A.C.C.P. After the jury made affirmative findings on both special issues, the trial court imposed the penalty of death.

The Texas Court of Criminal Appeals noted that Allridge raised a total of twenty-one points of error on direct appeal. The Court of Criminal Appeals affirmed the judgment, stating there was evidence supported the jury’s affirmative answer to the second special issue, including a finding of probability that Allridge would commit criminal acts of violence that would constitute a continuing threat to society.

Sentencing

The Texas Court of Criminal Appeals affirmed the death sentence. The procedural timeline reflected that in March 1987 Allridge was sentenced to death, and the direct appeal was affirmed on November 13, 1991.

Appeals and habeas corpus

Allridge sought federal habeas corpus relief after state proceedings.

• The U.S. District Court for the Northern District of Texas denied Allridge’s petition.
• The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of habeas corpus relief on July 15, 2003.
• After the Fifth Circuit denied Allridge’s motion for rehearing, Allridge filed a petition for certiorari on November 20, 2003.
• The U.S. Supreme Court denied certiorari review on March 22, 2004.

Outcome

Allridge was executed by lethal injection in Texas on August 26, 2004. The lethal injection was started at 6:13 p.m., and he was pronounced dead at 6:22 p.m. CDT.

Final meal

Allridge requested a double-meat bacon cheeseburger with lettuce, tomato, and salad dressing. He also asked for shoestring or crinkle-cut French fries with ketchup, and banana pudding or banana pudding ice cream, and watermelon or white seedless grapes.

Final words and statements

Allridge made a final statement, which included the following quotation:

“I am sorry. I really am. You, Brian's sister, thanks for your love. It meant a lot. Shane, I hope he finds peace. I am sorry I destroyed you all's life. Thank you for forgiving me. To the moon and back. I love you all. I leave you all as I came - in love.”

In a version of his final statement attributed to a reporter, Allridge also said:

“I am sorry, I really am.”
“I am sorry I destroyed y'all's life,”
“Thank you for forgiving me. To the moon and back, I love you all.”
“I leave you all as I came - in love,”

Aftermath and related persons

Ronald Allridge

Ronald Allridge was described as Allridge’s older brother. He was executed in 1995 for his role in a killing during a robbery spree described in the record. In one account, Ronald was described as receiving the death penalty in connection with the Whataburger robbery-murder and was executed on June 8, 1995.

Victim’s family and witnesses

Shane Clendennen was described as the victim’s brother in commentary about Sarandon’s visit and family reactions to the execution timeline. Doris Clendennen was described as the victim’s mother in commentary about Allridge’s execution and related remarks. Donna Ryals was described as the murder victim’s sister in commentary.

The record included quotations from Shane Clendennen, including:

“How would she feel if someone tied up her child and shot him in the back of the head, then she had to watch him on life support for three days until he died?” and “If (Allridge) was born again, I could maybe forgive him. But I still think he should die for what he did,” and, in another passage about the execution, the record included: “My brother didn't even have a chance at life,” “People who say the death penalty is wrong haven't gone through this... All I have is a picture and a grave site.”

The record included quotations from Doris Clendennen and Donna Ryals:

“Nineteen-and-a-half years,” and “It took too long.” and “I wouldn't forgive him for nothing,” “He got what he deserved... At least he gets to meet his brother now.”

Susan Sarandon and David Atwood

Actress Susan Sarandon visited Allridge on death row. A quote attributed to Sarandon stated:

“I'm trying to be as low-profile as possible. It fits the strategy at this time,”

A quote attributed to David Atwood stated:

“She just told him to stay strong, that she would pray for him and was thinking of him.”

A quote attributed to Atwood stated that Sarandon discussed the possibility of doing something on Allridge’s behalf but that it would be:

“left up to the attorneys.”

Sarandon was also described as a death penalty opponent and as having won an Academy Award in 1996 for portraying Helen Prejean in “Dead Man Walking.” The record described Prejean as a spiritual adviser to death row inmates.

Clemency petition and parole rejection

Allridge sent a clemency petition to the Texas Board of Pardons and Paroles. The record stated that the parole board rejected his petition. Allridge requested that his sentence be commuted to life on the basis that he had become completely rehabilitated on death row and was no longer a danger to society. The clemency narrative also included that Allridge accepted full responsibility and expressed remorse.

Quotes from the clemency-related petition text

The record included extended text attributed to Allridge, including the following passages (verbatim):

“I read a story...”

and:

“To kill him now would make everything I've done and gone through meaningless.”

and:

“Yeah”.
and: “Okay, now you have to go and sit on your bunk.”

and:

“Instead of getting my sack, I was told, 'Okay, now you have to go and sit on your bunk.'”

and:

“When you lock men up and treat them like animals it is only inevitable that some will begin to act like animals.”

and:

“Please, continue to fight for us all.”

Additional written statements and correspondence included in the record

The record included additional letters attributed to Allridge, including a letter labeled “Letter From Death Row By James V. Allridge” and a letter addressed to “Jordan Smith Investigative Reporter” that included the statement:

“First and foremost, let me say that I have never tried to escape punishment and have always, always felt deep sorrow for my actions.”

The record also included a letter in which Allridge wrote:

“The only words I uttered during my entire trial were to the victim's mother when I said I was sorry.”

and:

“I am not demanding anything. I am asking that I be given the opportunity to continue contributing to society, even if it means from a prison cell.”

Other details

Charges and procedural details

A caption in the record stated: “Defendant was convicted in the Criminal District Court, No. 4, Tarrant County, Joe Drago, III, J., of capital murder. Death penalty was imposed.” It also stated that the Court of Criminal Appeals affirmed.

The record included a narrative that on March 25, 1985, Allridge and Ronald were arrested and charged stemming from multiple robberies and robberies with killings, including a March 25 slaying of Carla McMillen, and also included charges of aggravated robbery and capital murder in connection with the Circle K killing of Brian Clendennen. It also stated that the Allridge brothers were charged with two counts of aggravated robbery.

Confession details

The record stated that at 10:00 a.m.

Weapon details

The record repeatedly stated that Allridge used a chrome Raven .25 calibre semi-automatic pistol and that police recovered that pistol during a consent search of his room.

Counts of other robberies

The record stated that Allridge committed or participated in seven other aggravated robberies after robbing and killing the Circle K clerk.

Execution timing

The lethal injection was started at 6:13 p.m. and Allridge was pronounced dead at 6:22 p.m. CDT.