Timothy Don Carr

Case overview

Timothy Don Carr, a white male, was executed by lethal injection in Georgia on January 25, 2005. He was sentenced to death for the murder of 17-year-old Keith Patrick Young in Monroe County for crimes committed on 10/08/1992.

Timeline

• 10/08/1992 — Carr, his girlfriend Melissa Burgeson, and Keith Patrick Young attended a party; Carr and Burgeson discussed robbing Young. In the early hours of the following day, Burgeson drove Young, Carr, and two juveniles to a remote area of south Monroe County, where Carr showed a knife to one of the juveniles and whispered that he intended to kill Young. Burgeson stopped the car on a dirt road, motioned Carr to kill Young, and Carr slit Young’s throat, stabbed him repeatedly, and beat him in the head with a baseball bat. After Burgeson took Young’s money, Carr and one juvenile dragged Young’s body to the roadside, leaving him to die from his injuries. Carr and Burgeson fled to Tennessee in Young’s car and were arrested following a high speed chase.
• 11/16/1992 — Carr was indicted by the Monroe County Grand Jury for malice murder, felony murder, armed robbery, and theft of a motor vehicle on November 16, 1992.
• 12/03/1992 — The State filed a notice of intent to seek the death penalty.
• 04/18/1994–04/27/1994 — Carr was tried on April 18 through April 27, 1994.
• 04/27/1994 — Carr was found guilty in the Superior Court of Monroe County, Georgia on April 27, 1994; the jury found Carr guilty on all counts; the following day the jury returned its recommendation of the death sentence and the trial court imposed that sentence, plus twenty years imprisonment for theft of a motor vehicle.
• 04/28/1994 — Carr was sentenced to death for the murder.
• 05/13/1994 — Carr’s motion for new trial was filed.
• 08/29/1994 — Carr’s motion for new trial was amended.
• 09/27/1995 — Carr’s motion for new trial was amended.
• 10/24/1995 — Carr’s motion for new trial was denied October 24, 1995.
• 11/22/1995 — Carr filed a notice of appeal to this Court on November 22, 1995.
• 02/16/1996 — The case was remanded on motion of the Attorney General to determine whether the record required supplementation.
• 04/17/1996 — The remand hearing was held April 17, 1996.
• 05/16/1996 — The trial court entered an order stating that the record was complete.
• 07/30/1996 — The case was redocketed July 30, 1996.
• 08/13/1996 — Carr filed a second motion to remand.
• 09/20/1996 — The second motion to remand was denied September 20, 1996.
• 10/15/1996 — The case was orally argued on October 15, 1996.
• 02/03/1997 — The Supreme Court of Georgia unanimously affirmed Carr’s conviction and sentence in Carr v. State, 267 Ga. 547, 480 S.E.2d 583 (1997).
• 10/14/1997 — Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 14, 1997. Carr v. Georgia, 522 U.S. 921 (1997).
• 02/13/1998 — Carr filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia.
• 09/23–09/24/1999 — An evidentiary hearing was held on September 23–24, 1999.
• 06/23/2000 — The state habeas corpus court granted Carr state habeas corpus relief on the claims of ineffective assistance of counsel in the preparation and presentation of Carr’s case, but denied all other claims, and vacated Carr’s death sentence.
• 03/19/2001 — The Georgia Supreme Court reversed the habeas corpus court’s order and reinstated Carr’s sentence. Head v. Carr, 273 Ga. 613, 544 S.E.2d 409 (2001).
• 10/01/2001 — Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 1, 2001. Carr v. Head, 534 U.S. 905 (2001).
• 07/02/2001 — Carr filed a federal habeas corpus petition in the United States District Court.
• 01/31/2002 — The federal habeas corpus petition was denied by the United States District Court on January 31, 2002.
• 07/18/2002 — The Eleventh Circuit Court of Appeals vacated its June 27, 2002 denial of a certificate of appealability and granted a certificate of appealability.
• 03/11/2003 — Oral argument was held on March 11, 2003.
• 03/31/2004 — The Eleventh Circuit issued an opinion which denied relief. Carr v. Schofield, 364 F.3d 1246 (2004).
• 04/21/2004 — Carr filed a petition for panel rehearing.
• 06/03/2004 — The petition for panel rehearing was denied on June 3, 2004.
• 11/01/2004 — Carr filed a petition for writ of certiorari in the United States Supreme Court.
• 12/13/2004 — The United States Supreme Court denied certiorari on December 13, 2004.
• 01/06/2005 — The Superior Court of Monroe County filed an order setting the seven-day window for execution.
• 01/25/2005 — Carr’s execution occurred on January 25, 2005. He was pronounced dead at 8:37 p.m.

The offence

Carr’s jury trial evidence described the crimes as occurring in the early hours of 8 October 1992 after a party where the participants consumed alcohol and used drugs, including the “juice from boiled hallucinogenic mushrooms” and some marijuana. Burgeson obtained Young’s car keys and, after discussing robbing the victim at the party, Burgeson talked him into letting her drive him home. Burgeson drove Young, Carr, and two juveniles to a remote area of south Monroe County in Young’s car.

During the ride, Carr showed one of the juveniles a large knife and whispered that he intended to kill the victim. Burgeson stopped the car on a dirt road under the pretense that they were going to look for mushrooms and everyone exited except for the female juvenile. When Young opened the trunk, Burgeson motioned Carr to kill him; Carr grabbed Young’s hair, pulled his head back, and slashed his throat. At Burgeson’s urging, Carr stabbed the victim repeatedly and then beat him in the head with a baseball bat, fracturing his skull.

Carr rolled Young over on his stomach and stabbed him several times in the lower back, and after Young was beaten, Burgeson took cash from Young’s pockets and they returned to Macon, where they dropped off the male juvenile and drove to Tennessee. In Tennessee, police chased the victim’s car and arrested Carr, Burgeson, and the female juvenile after they crashed.

Carr and Burgeson fled with Young’s car and Young’s money. Carr was also charged with theft of Young’s vehicle and was sentenced to twenty years imprisonment on the motor vehicle charge.

Investigation and arrest

After receiving medical treatment at a local hospital, Carr and Burgeson were placed in the back of a police car in which police had activated a hidden tape recorder. Their recorded conversation, in which Carr admitted killing the victim, was introduced into evidence at Carr’s trial. The jury was authorized to find that the knife used to stab Young was discovered in Burgeson’s purse.

Trial

Charges and verdict

The Monroe County Grand Jury indicted Carr for the murder of Keith Patrick Young during the November Term, 1992. Carr was tried in the Superior Court of Monroe County, Georgia. Carr was convicted of the malice murder of Keith Patrick Young and the theft of his motor vehicle.

The jury was authorized to find aggravating circumstances, including:

• the murder was committed in the commission of an armed robbery and aggravated battery,
• the murder was committed for receiving things of monetary value, and
• the murder was outrageously and wantonly vile, horrible and inhuman in that it involved torture, depravity of mind and aggravated battery to the victim.

Death sentence

The jury recommended the death penalty for the murder, and the trial court sentenced Carr to death. The trial court also imposed twenty years imprisonment for theft of a motor vehicle. Carr’s motion for new trial was denied October 24, 1995.

People involved

District Attorney Tommy Floyd tried the case prior to the splitting of the Flint Circuit.

Carr was represented by Harold E. Martin and Michael A. Dillon at trial.

The record also reflected that Burgeson was charged and convicted of malice murder and sentenced to life in prison; the Supreme Court affirmed Burgeson’s conviction in Burgeson v. State, 267 Ga. 102, 475 S.E.2d 580 (1996). The two juveniles were tried in juvenile court.

Appeals

Direct appeal (Georgia Supreme Court)

Carr’s conviction and sentence were affirmed by the Supreme Court of Georgia unanimously on February 3, 1997 in Carr v. State, 267 Ga. 547, 480 S.E.2d 583 (1997). Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 14, 1997. Carr v. Georgia, 522 U.S. 921 (1997).

State habeas (Georgia)

Carr filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia, on February 13, 1998. An evidentiary hearing was held on September 23–24, 1999. On June 23, 2000, the state habeas corpus court granted Carr state habeas corpus relief on claims of ineffective assistance of counsel in the preparation and presentation of Carr’s case, vacating Carr’s death sentence, but denied all other claims.

The Georgia Supreme Court reversed and reinstated Carr’s death sentence on March 19, 2001 in Head v. Carr, 273 Ga. 613, 533 S.E.2d 409 (2001) (unanimous reversal). Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 1, 2001 in Carr v. Head, 534 U.S. 905 (2001).

Federal habeas (United States Court of Appeals for the Eleventh Circuit)

Carr filed a federal habeas corpus petition in the United States District Court on July 2, 2001, and it was denied on January 31, 2002. The Eleventh Circuit denied review on two separate occasions and later vacated its June 27, 2002 denial of a certificate of appealability and granted a certificate of appealability on July 18, 2002.

Oral argument was held on March 11, 2003. On March 31, 2004, the Eleventh Circuit issued an opinion denying relief in Carr v. Schofield, 364 F.3d 1246 (2004). Carr’s petition for panel rehearing was denied on June 3, 2004.

Carr filed a petition for writ of certiorari in the United States Supreme Court on November 1, 2004. The United States Supreme Court denied certiorari on December 13, 2004.

Sentencing

The jury recommended the death penalty for the murder of Keith Patrick Young, and the trial court sentenced Carr to death. Carr also received twenty years imprisonment for theft of Young’s motor vehicle. The death sentence was later vacated by the state habeas corpus court on June 23, 2000, and then reinstated by the Georgia Supreme Court on March 19, 2001. The Georgia Supreme Court reinstated the death sentence after determining that Carr did not show ineffective assistance of counsel prejudiced the outcome.

Outcome

Carr remained convicted and sentenced to death throughout post-conviction proceedings and was executed by lethal injection in Georgia on January 25, 2005.

Last meal consisted of two Mushroom and Swiss Hamburgers, a Vanilla Milkshake, a Chocolate Milkshake, and two soft drinks.

Carr made final statements including:

• "Peace,"
• and earlier, while still in a holding cell, he apologized for his crime and said it was time for justice to be done.

Carr was pronounced dead at 8:37 p.m.

Other details

Victim

Keith Patrick Young was 17 years old and was murdered in Monroe County.

Young’s body was found the next day as described in the case background narrative.

Co-defendant

Melissa Burgeson was Carr’s girlfriend and was convicted and sentenced to life in prison with the possibility of parole.

Juvenile co-defendants

Two juveniles were involved. One was sentenced to 18 months in juvenile detention, and the other was convicted on the theft charge only and was ordered to receive counselling; later accounts also described that one was not jailed.

Inmate information

Timothy Don Carr’s Georgia Department of Corrections details included:

• GDC ID: 0000694729
• DOB: 05/30/1970
• Age: 34
• RACE: WHITE
• Gender: MALE
• Height: 5'07"
• Weight: 134
• Eye color: Blue
• Hair color: Brown
• County: Monroe County
• Case #: 328074
• Date Crime Committed: 10/08/1992

Execution procedure and quotations

Carr’s final words were: "Peace," Carr said before a sedative, lung-paralyzing drug and the poison potassium chloride were injected into his arms.

Earlier, while still in a holding cell, he apologized for his crime and said it was time for justice to be done.