Roger Collins

Case information

Name: Roger Collins Age: 38 Status/outcome: Sentenced to death on February 17, 1978

The offence

Roger Collins was sentenced to death in Houston County for the rape and murder of Deloris Luster, 17.

During the night of August 6, 1977, Roger Collins, William Durham, and Johnny Styles were drinking and carousing. While the three companions were sitting around drinking and talking, Durham jumped up and said three times that he loved to kill. Later the same night, they saw Deloris Luster getting out of an automobile. Collins called her over to the car in which they were riding and asked her to engage in sexual intercourse. She declined but accepted an invitation to drive her home.

Instead of taking her home, Durham drove them around for awhile, engaging in various acts of reckless driving which finally resulted in the automobile's muffler being knocked off. Durham stopped the automobile to check the damage, and he and Collins conversed for a few moments out of Styles' hearing. Upon their return, Styles asked Durham what he and Collins had been talking about. Durham replied that they were going to have sexual relations with Deloris Luster.

After they got back in the car with Durham driving, they drove to a pecan orchard and stopped at the gate. Deloris Luster asked why they had stopped, but they did not answer. Durham opened the gate, drove in, and closed the gate. She told Durham that she was two months pregnant and had a venereal disease. Collins told her that if he caught the disease, he was going to do something to her.

After Durham turned the car around, he got out and grabbed her, snatching her out of the car. Durham started to remove her clothes, but she proceeded to remove them while Collins removed the back seats from the car. While Durham, who was brandishing a knife, and Styles waited nearby, Collins had sexual intercourse with her. She was screaming and saying, "Why me!" When Collins finished with her, Durham ordered Styles to have intercourse with her. Styles pretended intercourse for about two minutes.

Durham told her that if she didn't stop screaming, he was going to use the knife to "rip her damn heart out." Durham stuck the knife beside her head, slapped her in the face and proceeded to have intercourse with her. Durham then forced Styles to have intercourse with her again.

Styles heard Durham ask Collins, "Is there anything else that you want to do to her because won't nobody else, won't nobody else see her no more, won't nobody else get no more of this . . ." Durham took her hand and led her up the dirt road into the pecan orchard with Collins following. She said, "Y'all going to kill me, ain't you?"

Collins stopped, went back to the car, opened the trunk and removed the jack. Armed with the jack, Collins followed Durham and Deloris Luster. Moments later, Styles heard "about three licks." Collins returned to the car, followed by Durham, "joking each other." Durham was carrying the jack which was bloody all over. Collins had blood on his feet and instructed the others that if anyone asked how the blood got on them, they should say that he had cut his feet earlier that day.

Styles gathered Deloris Luster's clothes and the three left. Styles heard Collins say to Durham, "Hey, man, you didn't think l was going to hit her up' side the head too." As they were leaving, Collins told Styles that he had killed so many people he could not remember how many. The jack was thrown alongside the road in two pieces.

When recovered, it was covered with blood and hair. A latent fingerprint left on the jack was positively identified as the right thumbprint of Collins. At daybreak, Styles reported these matters to the police. The body was located, and later in the day, Collins and Durham were arrested and given Miranda warnings. That afternoon Collins again was advised of his rights but did not make a statement. Later that evening, after once more being advised of his rights, he made a statement in which he admitted that he had picked up the victim under the pretext of carrying her home, and that he had instead carried her to a pecan orchard, accompanied by Durham and Styles, where he and the others had raped her. He admitted also that afterward he hit her in the head with a jack and then gave the jack to Durham. Death resulted from massive head injuries caused by multiple blows of great force. Sperm was found in the victim's vagina and rectum.

Investigation and arrest

Deloris Luster's body was located, and later in the day Collins and Durham were arrested and given Miranda warnings. Collins again was advised of his rights that afternoon but did not make a statement. Later that evening, after once more being advised of his rights, he made a statement admitting that he had picked up the victim under the pretext of carrying her home, that he carried her to a pecan orchard accompanied by Durham and Styles where he and the others had raped her, and that he afterward hit her in the head with a jack and then gave the jack to Durham.

The jack was recovered covered with blood and hair.

Trial

Roger Collins was tried by a jury in Houston County for the rape and murder of Deloris Luster.

The jury found Collins guilty of both offenses. He was sentenced to death for the murder and fifteen years imprisonment for the rape.

The trial took place in the Houston Superior Court before Judge Hunt.

The case reached direct appeal and mandatory review of the death sentence imposed upon him.

Evidence presented

Evidence was admitted that would authorize the jury to find the events described in the offence section, including:

• The drinking and carousing by Collins, Durham, and Styles during the night of August 6, 1977.
• The events leading to the rape in the pecan orchard.
• The statements Collins and others made, including quoted statements such as "Why me!", "rip her damn heart out," "Is there anything else that you want to do to her because won't nobody else, won't nobody else see her no more, won't nobody else get no more of this . . .", and "Y'all going to kill me, ain't you?"
• The death caused by massive head injuries resulting from multiple blows of great force.
• The presence of sperm in the victim's vagina and rectum.
• The latent fingerprint on the jack positively identified as Collins's right thumbprint.
• Collins's statement after being advised of his rights.

Sentence

Roger Collins was sentenced to death for the murder and fifteen years imprisonment for the rape.

In the death sentence review, the court concluded that the sentence of death imposed on Roger Collins was not imposed under the improper influence of passion, prejudice or any other arbitrary factor.

Statutory aggravating circumstances found by the jury

The jury found as statutory aggravating circumstances:

1. The offense of murder was committed while the defendant was engaged in the commission of rape (Code Ann. 27-2534.1 (b) (2)).
2. The offense of murder was outrageously or wantonly vile, horrible or inhumane in that it involved torture or depravity of mind (Code Ann. 27-2534.1 (b) (7)).

The sentence review stated that the evidence supported the statutory aggravating circumstances found and that the verdict was factually substantiated.

Appeals

Roger Collins appealed his conviction and the death sentence, including mandatory review.

The appellate decision addressed multiple enumerations of error. Each enumeration identified in the appellate decision was stated to be without merit, including challenges to:

• Voir dire questioning regarding conscientious opposition to capital punishment (Code Ann. 59-806 (4)).
• The constitutionality of the death penalty Act, including aggravating circumstance vagueness.
• Excusing for cause juror Jannette C. Gurr, based on opposition to the death penalty under any and all circumstances.
• Admission of testimony about other alleged crimes and comments made by Johnny Styles, treated as part of the res gestae under Code Ann. 38-305.
• Admission of testimony during trial concerning statements made to Johnny Styles by William Durham.
• Denial of a motion for a commitment hearing.
• Denial of a directed verdict of acquittal on the rape charge.
• Allowing the jury to consider a statutory aggravating circumstance regarding murder committed while engaged in commission of another capital felony (rape).
• Instructions regarding mitigating circumstances.
• Statutory instructions given to the jury for its deliberation.
• A charge about whether the jury’s recommended sentences would run concurrently or consecutively.
• Prosecutor closing argument remarks, including the remark that Collins killed the victim "like an animal," where the appellate discussion noted that the trial court cautioned the jury that the prosecutor's remarks were not evidence and that no motion for a mistrial was made.
• Sentence review and proportionality/disproportionate claims.

Co-defendant sentencing

The appellate decision addressed Collins's argument that Durham received only a life sentence. The court stated that it had not followed a simplistic rule barring a death sentence for other co-defendants and found that the evidence did not establish Durham as the prime mover or sole perpetrator. The court found Collins to be an active participant, stating that:

• Collins's car was used.
• Collins propositioned the victim and offered to take her home.
• After the victim stated she had a venereal disease to avoid the rape, Collins told her that if he caught the disease he would harm her.
• Collins removed the seats from the car used in the rape and raped the victim first.
• Collins took the jack from the trunk and followed Durham and the victim into the orchard.
• Collins had blood on his feet and admitted that he had hit the victim first and then had given the jack to Durham.
• Collins's fingerprint was on the jack.

Case identifiers and procedural dates

The appellate discussion included case identifiers and judges and counsel:

• "C OLLINS v. THE STATE. 33879. ( 243 Ga. 291 ) ( 253 SE2d 729 ) (1979) NICHOLS, Chief Justice. Murder; rape. Houston Superior Court. Before Judge Hunt."
• "ARGUED SEPTEMBER 12, 1978 -- DECIDED MARCH 6, 1979 -- REHEARING DENIED MARCH 27, 1979."
• "Stephen Pace, Jr., District Attorney, Miriam D. Wansley, Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, Assistant Attorney General, for appellee."
• "Aultman, Moore & Daly, James J. Daly, Jr., for appellant."

Outcome

The appellate decision upheld the death sentence and discussed the statutory aggravating circumstances, the supporting evidence, and the sentence review conclusion that it was not imposed under improper influence.

The decision also stated that similar cases set forth in an appendix supported affirmance of the death penalty.

Other details

William Durham was sentenced to life in prison.

In discussions of international pressure on the U.S. to abolish the death penalty, Collins's case was cited. Much of that debate centered on Collins' age (18) at the time the crime was committed. An Irish group participated in marathons while wearing T-shirts bearing his image to draw attention to his case.

A written statement on the Web site rogercollins.com included Collins admitting to being part of a “situation that left a young lady murdered” and adding: “Although I didn’t directly kill anyone, I still very much deserve every single day I have served in prison.”