Marco Chapman

Case summary

Marco Allen Chapman was executed by lethal injection in Kentucky on November 21, 2008, following a death sentence.

Chapman committed a knife attack in which he murdered two children and attacked the children’s mother and older sister. During the course of robbing Carolyn Marksberry, Chapman raped and stabbed her before stabbing her three children. Cody Sharon, 6, and Chelbi Sharon, 7, were stabbed and slashed several times and had their throats cut; they died almost immediately. Their 10-year-old sister Courtney Sharon survived by playing dead after being stabbed several times and fled to a neighbor’s house, where the neighbor called 911.

Carolyn Marksberry’s hands were bound with duct tape and she was tied to a bed frame. Chapman raped her and stabbed her in the chest with a knife that broke off in her chest. He later stabbed her with a larger knife and left her for dead. After the attacks, Chapman burglarized the home and fled.

Chapman was arrested later the same day by state police in West Virginia. He received a change of venue from Gallatin Circuit Court to Boone Circuit Court.

Chapman pled guilty to the crimes and waived all appeals. His conviction and sentence were upheld on appeal in Chapman v. Commonwealth, 265 S.W.3d 156 (2007) (Direct Appeal). The Kentucky Supreme Court rejected requests to halt the execution, and Governor Steve Beshear denied clemency.

Timeline

• August 23, 2002 — Chapman broke into Carolyn Marksberry’s home in Warsaw, Kentucky (Gallatin County), bound her with duct tape to a bed frame, raped her, stabbed her (including a knife that broke off in her chest), stabbed three children, and killed 7-year-old Chelbi Sharon and 6-year-old Cody Sharon while 10-year-old Courtney Sharon survived by playing dead and fleeing to a neighbor’s house where 911 was called. Chapman burglarized the home and fled.
• August 23, 2002 — Chapman was arrested later the same day by state police in West Virginia.
• December 14, 2004 — Chapman was formally sentenced to death.
• October 29, 2008 — The Kentucky Supreme Court upheld Chapman’s sentence and entered an order not to accept the Attorney General’s motion; Attorney General motions to dismiss included a pleading dated 10-29-08.
• November 17, 2008 — Governor Steve Beshear issued a statement regarding the capital punishment case of Marco Allen Chapman.
• November 21, 2008 — The Kentucky Supreme Court rejected what was described as possibly the last appeal that could have halted the execution; Chapman was executed by lethal injection in Kentucky.
• 7:34 p.m. — A prison doctor pronounced Chapman dead at the Kentucky State Penitentiary.

The offence

During the course of robbing Carolyn Marksberry, Chapman raped and stabbed her. He also stabbed all three of her children.

Victims and injuries

• Carolyn Marksberry — Her hands were bound with duct tape and she was tied to a bed frame. She survived the attack and was left for dead after being stabbed with a larger knife.
• Chelbi Sharon (7-year-old) — Chapman stabbed and slashed her several times and cut her throat; she died almost immediately.
• Cody Sharon (6-year-old) — Chapman stabbed and slashed him several times and cut his throat; he died almost immediately.
• Courtney Sharon (10-year-old) — She was stabbed several times, played dead, and fled out the back door, racing through the dark to a neighbor’s house that called 911. She later was described as being 16-year-old at the time of the execution coverage.

Circumstances

Chapman attacked in the family home in Warsaw, Kentucky (Gallatin County). After stabbing the victims, Chapman burglarized the home and left the scene.

Investigation and arrest

After the knife attack and murders, Chapman fled to West Virginia. Authorities arrested Chapman later the same day by state police in West Virginia.

Chapman told the West Virginia authorities that he intended to go get “party materials and park out in the woods somewhere and die.” He also asked: “[H]ow about doing me a favor and put a bullet in my forehead [?]” He told the authorities he hoped he would not live three weeks to turn thirty-one and that “[a] bullet is the only help I can get.”

Trial

Charges

Chapman was indicted for:

• two counts of capital murder,
• two counts of attempted murder,
• one count of rape in the first degree,
• one count of burglary in the first degree,
• one count of robbery in the first degree,
• one count of being a persistent felony offender in the second degree.

On appeal, the Kentucky Supreme Court described his plea agreement as involving his agreement to plead guilty and volunteer for the death penalty.

Guilty plea and sentencing request

Chapman wrote to the trial court seeking to discharge his attorneys, waive a jury trial and sentencing, plead guilty to all the charges, and be sentenced to death. The trial court ordered him to undergo competency evaluations at the Kentucky Correctional Psychiatric Center (KCPC) and held hearings to determine competency.

During the sentencing hearing:

• the Commonwealth presented brief testimony to establish essential underlying facts, including testimony by Marksberry,
• the trial court reiterated its view that Chapman was making a mistake in firing his attorneys and waiving jury sentencing,
• the trial court stated it had considered a psychological report for determining competency but did not consider its contents for mitigation because Chapman did not want to present mitigation evidence.

The trial court sentenced Chapman to death for the murder of Cody and Chelbi, twenty years’ imprisonment on each attempted murder conviction, life imprisonment for his rape conviction, twenty years’ imprisonment for his robbery conviction, and twenty years’ imprisonment for his burglary conviction. The attempted murder convictions, burglary conviction, and robbery convictions were enhanced to life imprisonment due to Chapman’s status as a persistent felony offender in the second degree.

Competency evaluations

At a competency hearing, Dr. Steven Free, a psychologist from KCPC, testified Chapman had a history of mental health-related issues. Dr. Free concluded Chapman was competent to stand trial. After Chapman sought to plead guilty and volunteer for death, the trial court ordered him back to KCPC for further evaluation and treatment.

Dr. Free later testified Chapman was competent and that Chapman could change his mind if he received mental health treatment. After a further evaluation period, including antidepressant medication (Zoloft), Dr. Free again opined Chapman was not incompetent. The trial court found Chapman competent to fire his attorneys, plead guilty, and seek death.

At the time of competency findings described in the direct appeal decision, the trial court found, among other items:

• no evidence of a mental condition impairing his ability or showing lack of capacity to appreciate his legal situation,
• no evidence of a medical condition impairing his ability or showing a lack of capacity to understand the nature and consequences of the proceedings,
• no evidence of a mental condition impairing his ability or showing a lack of ability to participate rationally in his own defense,
• Chapman was competent to represent himself and to choose to fire his attorneys,
• Chapman’s waiver of counsel was knowingly and voluntarily made,
• Chapman’s self-representation was knowing and voluntarily made.

Mitigation evidence

Standby counsel delivered a document under seal hours before sentencing and asked the trial court to consider it as mitigation. The trial court said it had read and considered the document for competency but had not considered it for mitigation purposes because Chapman did not want to present mitigation evidence. On direct appeal, the Kentucky Supreme Court held that the trial court properly refused to consider the improperly tendered mitigation report because Chapman did not authorize it.

Sentencing

Chapman was formally sentenced on December 14, 2004 to death.

His “final/special meal” was described as “a medium rare 32 ounce steak, shrimp, salad and banana creme pie.”

Chapman wrote final words in a statement he gave to Warden Tom Simpson to read:

“I don't know why I did the thing that I did, and I know the hate of me over that night must be overwhelming, but Carolyn and Courtney you have to know that wasn't who I was or am,” Chapman wrote in a statement he gave to Warden Tom Simpson to read. “I am not a monster even though I did a monstrously evil thing. That is why I give my life willing as well as quickly in hopes that you know how truly sorry I am. I hurt and ache daily for the loss I've created in the Marksberrys' family, but I hurt as well. I don't know if I deserve heaven after what I did, but I pray with all my heart that I find some sort of peace and happiness after my last breath.”

A longer letter of apology was also described as being released before execution, with the following verbatim text:

I Marco Chapman only have a few things to say as my last words on Earth. First and foremost I have to say I'm truelly sorry to Carolyn and Kourtney Marksbury for the crimes and sins Ive committed to them and with all my heart and soul Im sorry with ending the life of two beautiful children Cody and Shelby Marksbury. I know the ending of my life will never bring them back and let them have the life they deserve but hopefully with my death it will give some sort of peace to Carolyn and Kourtney Marksbury. I dont know why I did the things I did and I know the hate of me over that night must be overwhelming but Carolyn and Kourtney you have to know that wasn't who I was or am. I am not a moster even though I did a mosterous, evil thing. That is why I give my life willingly as well as quickly in hopes that you know how truelly sory I am. I hurt and ache daily for the loss Ive created in the Marksbury's family, but I hurt as well. After all before that dreadful night I thought Carolyn as a friend and Kourtney, Cody and Shelby like neices and nephews cause I did and still care for them very deeply. Im sure to Carolyn and Kourtney what happen that night was your worst nightmare imagineable but it is also mine and for that I have to say Im sorry again. I have no right to ask for forgiveness and dont intend to but I want you to know that I believe whole heartedly that Cody and Shelby are safe in Heaven. I dont know if I deserve Heaven after what I did but I pray with all my heart that I find some sort of peace and happiness after my last breath. I pray daily but not just for me but for Carolyn and Kourtney that even though they have the right to hate me I just hope they don't live with hate in their hearts. With that said I close my eyes in prayer that Carolyn and Kourtney find a type of peace they can live with and can find love and happiness in their lives. As for my family and loved ones just know I will miss and love each and every one but I know its right to give my life for the lives Ive shattered and ended. I hope and pray with all that I am that you remember who I was and not what I did. Dont be sad over my death but relieved that I have found peace. Just know Im with you all each and everyday in my heart and I will see you all again someday. Bye for not but never forever. With all my love and sorry Marco Chapman I'm sorry to everyone

Appeals

Direct appeal

In Chapman v. Commonwealth, 265 S.W.3d 156 (2007) (Direct Appeal), the Kentucky Supreme Court affirmed Chapman’s convictions and death sentence.

The Kentucky Supreme Court held, among other points, that:

• the death sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor, and was not excessive or disproportionate,
• Chapman’s constitutional right to proceed pro se was not violated when the trial court exercised discretion to appoint as standby counsel the attorneys Chapman had fired,
• the trial court properly refused to consider mitigation evidence tendered by standby counsel during sentencing because it was not properly submitted mitigation evidence,
• a competent criminal defendant is entitled to plead guilty to a capital offense and seek to receive the death penalty,
• the trial court sentenced Chapman to death because it believed death was an appropriate punishment rather than because the judge believed it was mechanically required by the plea,
• Chapman was mentally competent to plead guilty, seek the death penalty, waive jury sentencing, and forgo presentation of mitigating evidence in the penalty phase,
• failure to require Chapman to recite at length his involvement in the offenses to establish a factual basis for plea did not constitute reversible error.

The decision also addressed Chapman’s claims relating to lethal injection and electrocution and upheld the constitutionality of Kentucky’s death penalty statute and method of proportionality review.

Requests to halt execution and clemency

Kentucky Supreme Court orders and filings included actions described around October 29, 2008, including motions to dismiss and an order not to accept the Attorney General’s motion.

Governor Steve Beshear denied clemency. In a statement on November 17, 2008, Governor Steve Beshear said:

“This morning, I met with several church leaders and mental health representatives regarding the capital punishment case of Marco Allen Chapman. I had previously met with the Catholic bishops, who have corresponded with me on this issue. I greatly appreciate their perspective on the issue of clemency and their sincere opposition to capital punishment. However, I believe that capital punishment is appropriate in the case of particularly heinous crimes, absent some strong extenuating circumstances. I have reviewed the facts of this case in detail and have given much prayerful thought to it. I do not find any such strong extenuating circumstances in this case. Mr. Chapman has been found guilty of a vicious and almost indescribable crime. There is absolutely no dispute about his guilt and Mr. Chapman has been found competent in four different proceedings. Therefore, absent any further legal impediments which might arise, the state will proceed with carrying out the sentence of the court.”

The Kentucky Supreme Court rejected possibly the last appeal that could have halted the execution on November 21, 2008.

Outcome

Execution details

Chapman was executed by lethal injection in Kentucky on November 21, 2008. He was executed shortly after 7 p.m. Central Standard Time, with an announcement that he was dead at 7:34 p.m. at the Kentucky State Penitentiary.

The execution used a three-drug method:

• sodium thiopental to render Chapman unconscious,
• pancuronium bromide to stop his breathing by paralyzing his muscles,
• potassium chloride to stop his heart.

Chapman was strapped to a gurney, and needles were inserted into both forearms. It was stated that Chapman asked that none of his family be present for his execution and resisted attempts to delay the execution, saying he could not live with what he had done.

Final statement and apologies

The execution narrative included Chapman looking toward the room where Marksberry and family members were scheduled to view the execution, apologizing again, and having tears in his eyes.

Statements from officials and family witnesses

Governor Steve Beshear issued a statement shortly after the execution:

“the state carried out the mandate of the court in a professional and solemn manner. Let there be no question: Mr. Chapman committed a horrible crime, he pled guilty and was repeatedly found competent to make decisions. The state responded by doing its duty. My hope is that the Marksberry family, whose lives were torn apart by Mr. Chapman’s horrifying acts, can find some level of peace and the ability to move forward. I pray for them, and I pray for Mr. Chapman and his family on this difficult day.”

A statement attributed to Carolyn Marksberry after the execution said:

“This event brings only one measure of closure — justice may have been served, but any personal satisfaction will likely be fleeting for nothing can truly bring my children back to me except for our memories and the heart-filled bond that only a mother can know,” Marksberry said. “Perhaps now though, not only can our family and community start to heal but Cody and Chelbi can truly rest in peace.”

Other details

People mentioned

• Marco Allen Chapman — defendant; born 9-4-71; age described as 37 at execution coverage.
• Carolyn Marksberry — victim; mother of Chelbi, Cody, and Courtney.
• Chelbi Sharon — victim, 7-year-old.
• Cody Sharon — victim, 6-year-old.
• Courtney Sharon — victim, 10-year-old at time of attack; survived.
• Chuck Marksberry — husband of Carolyn Marksberry; described as watching behind a window.
• Garry Sharon — former father-in-law to Chuck Marksberry; described as watching.
• Warden Tom Simpson — read Chapman’s statement.
• Philip Longmeyer — attorney associated with an order denying a request to stop the execution.
• John Minton — chief justice signing an order denying the request to stop the execution.
• Jay Blanton and Jill Midkiff — listed in Governor communications contact information.
• Todd Harwood — Kentucky State Police detective described as lead investigator who would witness the execution.
• Chip Perry — KSP trooper mentioned in connection with execution coverage.
• Linda Tally Smith — Commonwealth’s Attorney described as prosecuting Chapman.
• Rev. Patrick Delahanty — chairman of the Kentucky Coalition Against the Death Penalty, mentioned in execution coverage.
• Rev. Nancy Jo Kemper — executive director of the council mentioned opposing capital punishment.
• Judge Tony Frohlich — judge mentioned in context of Chapman requesting to plead guilty and be sentenced to death.
• Dr. Sandra Miller — University Hospital trauma surgeon mentioned in medical care description.
• Dr. Steven Free — KCPC psychologist who testified in competency evaluations.
• Michael Mello — law professor mentioned in discussion of Chapman's request to die.
• Michael Hoffheimer — criminal law professor mentioned in discussion of legal safeguards.
• Justice Minton and Justice MINTON — referenced in direct appeal descriptions.
• Chief Justice LAMBERT; Justices CUNNINGHAM, MINTON, NOBLE, SCHRODER, and SCOTT — listed as concurring in the direct appeal decision.
• Warden Tom Simpson — referenced again as the recipient of Chapman’s statement to be read.

Method of execution timing and pronouncement

It was stated that the prison doctor pronounced Chapman dead at 7:34 p.m. and that the drugs were started at 7:20 p.m. according to an execution report narrative.

Background about relationship and motive assertions in coverage

In the direct appeal decision and execution coverage narratives, Chapman’s conduct was linked to robbing and sexual assault of Carolyn Marksberry and to an asserted reason described as revenge in prosecutors’ statements, as well as references to Chapman’s mental health history and substance use concerns in competency-related discussion.

Record of competency and treatment

The direct appeal decision described that Chapman underwent three KCPC competency evaluations and treatment, including that he was prescribed Zoloft (described as affecting his depressed mood).