Grady Cole

Case overview

Grady Cole was one of three defendants named as C. Levice, Charles Sanders, and Grady B. Cole. Coy Collier Qualls, the deceased, was a taxi owner whose automobile was found in Texas covered with blood near a bus station. The matter involved the defendants being AWOL from Fort Huachuca, Texas, and later being arrested in Texas after Texas authorities were wired to about who was missing in Fry, Arizona.

Timeline

• January 7, 1942 — The three defendants secured the services of Coy Collier Qualls and his taxi to take them to Maco, Arizona, without having secured permits to leave the Post.
• January 8, 1942 — The defendants returned to Fort Huachuca early on the morning; they then went to Douglas, Arizona, to do more drinking and dancing; Coy Collier Qualls was struck with a rock and a bottle, after which he was also kicked and had a knife pushed into the throat on the right side of his body; the body was loaded into the automobile and taken away, dragged into bushes, and remained there for about four days.
• January 17, 1942 — The County Attorney’s Office entered a complaint in the Superior Court; defendants waived preliminary hearing in the Superior Court and were bound over for trial in the Superior Court by Judge John Wilson Ross; an information was filed by the County Attorney’s Office; defendants and their attorney entered a plea of guilty to the charge of murder.
• January 21, 1942 — The Court held a hearing on the culpability of the three defendants to determine if there were mitigating circumstances; John Pintek, County Attorney, made a statement; each defendant was permitted to state whatever he wished; their attorney made a representation on their behalf; the Court passed sentence of death on the three defendants, with execution set for the 3rd day of April, 1942, at the state prison.
• January 8, 1943 — Grady Cole was executed by asphyxiation-gas in Arizona.

Background

Texas authorities discovered an automobile in Texas covered with blood near a bus station. A check was made and they discovered that the driver was from Fry, Arizona. Texas authorities wired to Fry, Arizona, to determine if anyone was missing, and it was then found that Coy Collier Qualls, the deceased, had been missing a few days. The Fort Huachuca authorities found that the three individuals named hereinabove were AWOL and also found their home addresses to be in Texas. The Texas authorities immediately arrested the three defendants and secured a confession from each.

The offence

The confessions described a prearranged plan involving killing and robbing Coy C. Qualls. The three defendants secured the services of Coy Collier Qualls and his taxi on the night of January 7, 1942 to take them to Maco, Arizona, without their having secured permits to leave the Post. They returned to Fort Huachuca early on the morning of January 8, 1942. They then determined to take the day off and go to Douglas, Arizona, to do some more drinking and dancing.

Grady B. Cole had given Qualls his watch to hold as security for money to be paid later for the transportation to be furnished. Qualls was waiting for the defendants at the Post gate after they had secured a loan of further monies in the Fort from friends. Charles Sanders stated that, before they left the Post and got into the automobile, they discussed the matter of killing and robbing Coy C. Qualls.

According to the confessions, on the way into town Grady B. Cole picked up a rock near the Post Exchange which fitted into his hand neatly for the purpose of using it as a club. On the road to Douglas, they told Qualls they had to answer a call to nature. Immediately upon his stopping the automobile, Grady B. Cole struck him with a rock and Charles Sanders struck him with a bottle. Coy Collier Qualls got out of the car and Grady D. Cole and Charles Sanders then began striking, beating and kicking him, knocking him down.

Grady B. Cole stated that A C. Levice kicked the driver, Qualls, when he was down. Levice and Sanders denied striking the deceased at any time. After examination by a physician, the blow on the right side of the head of the deceased was determined to have been made with a bottle which Sanders was to have been carrying at that time. The bottle neck in possession was covered with blood, indicating it was used to beat the deceased, and because Grady B. Cole used the rock, it was inferred Sanders must have used the bottle. According to the confessions, Levice kicked the deceased and struck him also.

The body of the deceased was then loaded into the automobile. The confessions stated the three defendants continued on the road with Grady B. Cole sitting in the back of the car with his feet on the deceased and kicking the deceased’s head in. Grady B. Cole also pulled out his pocket knife and pushed it into the throat on the right side of deceased’s body, then threw the knife away.

The money of the deceased was extracted from his body and turned over to J. C. Levice, who was apparently driving. All three of the defendants participated in the loading of the body into the automobile and the unloading of the body from the automobile. The body was taken about nine miles on the other side of Douglas and dragged off into the bushes where it remained for about four days. The body was located after the apprehension of the defendants and their confessions, when they told where the body was.

Investigation and arrest

Texas authorities discovered the blood-covered automobile near a bus station and identified the driver as being from Fry, Arizona. Texas authorities wired to Fry, Arizona, to determine if anyone was missing. Coy Collier Qualls was found to have been missing a few days. The Fort Huachuca authorities found that the three individuals were AWOL and located their home addresses to be in Texas. Texas authorities arrested the three defendants and secured confessions from each.

Trial

The County Attorney’s Office entered a complaint in the Superior Court on the 17th day of January, 1942. Defendants were represented by counsel, J. D. Taylor of Tombstone, Arizona. The defendants waived preliminary hearing in the Superior Court and were bound over for trial in the Superior Court by Judge John Wilson Ross.

The defendants and their attorney indicated they wished to enter a plea of guilty and throw themselves on the mercy of the Court. An information was filed by the County Attorney’s Office on January 17, 1942. Defendants and their attorney, J. D. Taylor, entered a plea of guilty to the charge of murder.

On January 21, 1942, the Court held a hearing on the matter of the culpability of the three defendants to determine if there were any mitigating circumstances to be considered on their behalf. The County Attorney’s Office presented certain facts to the Court and a statement was made to the Court by John Pintek, County Attorney. Each defendant was permitted to state whatever he wished to the Court. Their attorney was permitted to make a representation on their behalf.

Sentencing

After the Court examined the facts and heard the statements and representation, the Court passed sentence of death on the three named defendants on January 21, 1942. The sentence of death was to be executed on the 3rd day of April, 1942, at the state prison.

Outcome

Grady Cole was executed by asphyxiation-gas in Arizona on January 8, 1943 J.