William Scott DAY

Case summary

William Scott Day was serving a seven-year term for attempted rape and prison escape. He was transferred from Jackson to Ypsilanti's Center for Forensic Psychiatry in November, where he befriended Thomas Fortunato, a prison guard with fourteen years of service and a perfect record on the job.

A short time later, Day asked Fortunato to assist him in escaping from the penitentiary; Fortunato agreed. On December 3, 1986, Fortunato smuggled Day out of prison in a laundry cart, withdrawing $5,000 from his personal bank account and driving the fugitive to Louisville, Kentucky, for a night of touring singles bars and porno shops.

The pair checked into a Louisville motel on the night of December 5, and Fortunato woke the next morning to find Day missing, along with all but fifty dollars of his money. Fortunato turned himself in on December 12. Five months later, he pled guilty to aiding escape and received a sentence of two to seven years in prison.

Day was living on the highway, stopping only long enough to rob and kill.

The offence

On December 9, elderly Mary Strobel, matriarch of a prominent Nashville, Tennessee family, was found dead in the trunk of her car outside the local bus depot. She had been strangled, and her throat was slit.

Day continued across the country, leaving bodies behind him. On December 23, Robert Arzabalo-Alcoser, a Mexican national, was beaten to death near the bus station in Tucson, Arizona. Ten days later, in Marianna, Florida, 55-year-old Evans Johnson was killed in his jewelry store, and his throat was cut from ear to ear.

On January 6, Fort Stockton, Texas, was the scene of mayhem. Tavern owner Billie Taylor was murdered north of town; she was stabbed in the back, one side of her skull was crushed by heavy blows.

Investigation

On January 12, 1987, Day was stopped for speeding near Van Horn, Texas. Driving a pickup truck registered to Stanley Robertson of nearby Valentine, the fugitive carried Robertson's I.D. but gave his name as "Thomas Wilkins," of Portland, Oregon.

Day was jailed on suspicion of auto theft. After officers visited Robertson's home and discovered Robertson's corpse—his throat slashed and his skull crushed with a claw hammer found at the scene—the charges were revised. Confronted with the evidence, Day confessed his true identity, recounting his crimes and adding a murder in New Orleans, for a total of six dead in as many weeks.

On January 14, Day was formally charged with Robertson's murder and held in lieu of $200,000 bond. Eight days later, he was formally indicted in the Taylor case. Nashville officers reported that a speeding ticket written on December 9 linked Day with victim Mary Strobel. Physical evidence and eyewitness testimony also confirmed Day's connection with the murders in Arizona and Florida, while investigation continued in New Orleans.

Arrest

On January 12, 1987, Day was stopped for speeding near Van Horn, Texas, under the name "Thomas Wilkins," after being found driving a pickup truck registered to Stanley Robertson.

Trial

Formally charged with Robertson's murder on January 14 and held in lieu of $200,000 bond, Day was later indicted in the Taylor case eight days after January 14.

Appeals

STATE TENNESSEE v. WILLIAM SCOTT DAY COURT OF CRIMINAL APPEALS OF TENNESSEE, AT NASHVILLE March 29, 1994 STATE OF TENNESSEE, APPELLEE, v. WILLIAM SCOTT DAY, APPELLANT.

Davidson County. Ann Lacy Johns, Judge. (Interstate Compact on Detainers) Jones, Wade, Cornelius, Jr.

The opinion of the court was delivered by: Jones.

This was an appeal as of right from a judgment of the trial court authorizing the transfer of appellant William Scott Day to the State of Arizona pursuant to the Interstate Compact on Detainers. Day contended that the trial court should not have authorized his transfer, arguing that the documents furnished by the State of Arizona did not contain sufficient identifying information to establish that he was the same "William Scott Day" charged with first degree murder and robbery in Pima County, Arizona, on February 3, 1987. The judgment of the trial court was affirmed.

In February 1993, the State of Arizona sought temporary custody of Day, an inmate confined in the Department of Correction, to try him for first degree murder and robbery. The Pima County Attorney's Office forwarded the requisite documents required by the Interstate Compact on Detainers. On March 3, 1993, the warden of the institution where Day was confined notified him of the request pursuant to the Compact.

Day filed suit in the Davidson County Criminal Court challenging Arizona's request. The pleading filed stated in part: "That the Request for Temporary Custody contained no determine whether Petitioner was person the Arizona charging document and therefore the subject of the Request for Temporary Custody." Day's only challenge to the Arizona documents was stated as that issue.

The sole question presented was whether a request for temporary custody must contain sufficient information and data to permit the Department of Correction to positively identify the person requested as the same person that was in its custody. The trial court gave Day an opportunity to present evidence in support of his claim, and Day voluntarily opted to forego an evidentiary hearing, relying exclusively upon the documents furnished by the State of Arizona.

The Interstate Compact on Detainers does not require that a request for temporary custody contain information giving a physical description of the individual sought, a photograph of the individual, fingerprints, or other identifying information permitting the institution where the inmate was confined to positively identify the inmate as the person sought. The only identifying information the Compact requires is the name of the person requested. Consequently, the documents presented by the State of Arizona conformed to the requirements of the Compact, and the trial court correctly ruled that the Department of Correction was authorized to provide Arizona with the temporary custody of Day so he could be tried for the offenses alleged in the charging instrument.

JOE B. JONES, JUDGE CONCUR: GARY R. WADE, JUDGE ALLEN R. CORNELIUS, JR., SPECIAL JUDGE

Timeline

• November (year not specified) — William Scott Day was transferred from Jackson to Ypsilanti's Center for Forensic Psychiatry and befriended Thomas Fortunato.
• December 3, 1986 — Fortunato smuggled Day out of prison in a laundry cart, withdrawing $5,000 from his personal bank account, and drove Day to Louisville, Kentucky.
• December 5, 1986 — Day and Fortunato checked into a Louisville motel.
• December 9, 1986 — Mary Strobel was found dead in the trunk of her car outside the local bus depot in Nashville, Tennessee.
• December 12, 1986 — Fortunato turned himself in.
• December 23, 1986 — Robert Arzabalo-Alcoser was beaten to death near the bus station in Tucson, Arizona.
• Ten days after December 23, 1986 — Evans Johnson was killed in his jewelry store in Marianna, Florida.
• January 6, 1987 — Billie Taylor was murdered north of Fort Stockton, Texas.
• January 12, 1987 — Day was stopped for speeding near Van Horn, Texas, driving a pickup truck registered to Stanley Robertson and giving his name as "Thomas Wilkins."
• January 14, 1987 — Day was formally charged with Robertson's murder and held in lieu of $200,000 bond.
• Eight days after January 14, 1987 — Day was formally indicted in the Taylor case.
• February 1993 — The State of Arizona sought temporary custody of Day pursuant to the Interstate Compact on Detainers.
• March 3, 1993 — The warden notified Day of the Compact request.
• March 29, 1994 — The Court of Criminal Appeals of Tennessee affirmed the judgment authorizing Day's transfer to Arizona.

Other details

Day confessed his true identity after being confronted with evidence related to Stanley Robertson, and he recounted his crimes while adding a murder in New Orleans, for a final score of six dead in as many weeks.

Fort Stockton and Van Horn were locations where killings and investigation events occurred in the course of Day's crimes while he was a fugitive.

People

• William Scott Day — appellant; fugitive; inmate; defendant in Robertson murder charging and Taylor case indictment; seeking to prevent transfer to Arizona.
• Thomas Fortunato — prison guard; withdrew $5,000 from his personal bank account; aided escape; pled guilty to aiding escape and received a sentence of two to seven years in prison.
• Mary Strobel — victim; found dead in the trunk of her car in Nashville, Tennessee.
• Robert Arzabalo-Alcoser — victim; beaten to death near the bus station in Tucson, Arizona.
• Evans Johnson — victim; killed in his jewelry store in Marianna, Florida.
• Billie Taylor — victim; tavern owner murdered north of Fort Stockton, Texas.
• Stanley Robertson — victim; corpse discovered with throat slashed and skull crushed with a claw hammer found at the scene.
• Michael Newton — associated name appearing with "An Encyclopedia of Modern Serial Killers."
• Ann Lacy Johns — judge in Davidson County.
• Joe B. Jones — judge who delivered the opinion.
• Gary R. Wade — judge who concurred.
• Allen R. Cornelius, Jr. — special judge who concurred.
• Wade Cornelius, Jr. — included in the names list (as presented).