Wayne DuMond

Case details

Wayne Eugene DuMond (September 10, 1949 - August 31, 2005) was an American criminal convicted of murder and rape. He was born in De Witt, Arkansas, and was buried in the Mt. Pleasant Cemetery of Ethel, Arkansas. DuMond had six children and three wives.

Background

DuMond told reporters that he "helped slaughter a village of Cambodians."

DuMond had two sexual assault-related cases described in the record: one involving a teenaged girl in Tacoma, Washington, and another involving a rape conviction in Arkansas.

The offence

Murder in Oklahoma

On August 8, 1972, DuMond was charged with murder in Lawton, Oklahoma. He committed the crime with help from two other men. DuMond used the 17-year-old daughter of one of his accomplices to entice the victim to an isolated location, where DuMond and his accomplices beat him to death with a claw hammer.

Molestation in Washington

On October 19, 1973, DuMond was charged with molesting a teenaged girl in the parking lot of a shopping center in Tacoma, Washington. The second-degree assault charge resulted in a five-year deferred sentence and mandatory drug counseling during the five-year probation.

Rape in Arkansas

On September 28, 1976, DuMond was charged with raping a woman in DeWitt, Arkansas. The charges were dropped before trial with the condition he undergo counseling.

Rape conviction in Arkansas (Ashley Stevens)

DuMond received his second sexual assault conviction from a rape perpetrated in Arkansas in 1984. The victim, Ashley Stevens, was a 17-year-old cheerleader and a third cousin of then-Governor Bill Clinton.

In March 1985, after his arrest but before his trial, DuMond claimed he was attacked in his home by two men and castrated. No arrests were made in the incident.

The record described disputes around whether the castration could have been self-inflicted and around evidentiary issues at trial, including the interpretation of semen evidence.

Ashley Stevens testified that DuMond raped her vaginally, forced her to perform oral sex during which time he ejaculated, then brief vaginal rape again. She testified that she spat the ejaculate from her mouth onto the ground, and that her jeans were underneath her body, not near her face.

An excerpt from DuMond vs. Lockhart described the victim’s identification process during lineups and later identification in relation to a Forrest City street encounter.

"During a photographic show-up, the victim indicated that Ricky White resembled the assailant. However, White was working in another part of the state on the day of the rape, and she did not identify him as the rapist at a one-person lineup. Later, Walter Stevenson, who matched the assailant's description and worked near a restaurant which the victim frequented, was placed in a lineup. She did not identify Stevenson as her assailant. Woodcutters working near the area of her home on the date of the rape were also brought in for lineups but none were recognized by the victim. On approximately October 29, 1984, the victim observed Dumond driving a pick-up truck on a Forrest City street and immediately identified him as the perpetrator of the crime. Dumond was taken into custody, placed in a lineup, and identified by her as the man who kidnapped and raped her."

The record also included an excerpt from DuMond vs. Lockhart describing the probability estimate and its underlying assumption in relation to semen and vaginal fluids mixing.

"Dr. Schanfield had genetic allotyping performed on the semen found on the victim's pant leg. Schanfield concluded that based on the test, there was a ninety-nine plus percent probability that DuMond was not the rapist because the semen lacked a genetic marker which DuMond possessed. However, Dr. Schanfield's conclusion was based on the assumption that vaginal fluids were not mixed with the semen used for the test. If the semen was intermixed with vaginal secretions, Dr. Schanfield reported that the results would be inconclusive."

Missouri murder and later allegations

After parole in 1999, DuMond moved to Missouri.

On June 22, 2001, DuMond was arrested and charged with the September 20, 2000 rape and murder of Carol Sue Shields. He was convicted in the summer of 2003.

The record stated that DuMond was found dead in his cell at the Crossroads Correctional Center in Cameron, Missouri on September 1, 2005. It stated that at the time of his death, charges were being prepared, but had not yet been filed, for the June 21, 2001 rape and murder of Sara Andrasek, who was in the early stages of pregnancy. The record stated that Andrasek was murdered the day before DuMond’s arrest for the murder of Carol Sue Shields.

The record described that Carol Sue Shields was murdered in Parkville, Missouri and that DuMond had been suffering from cancer of the vocal cords at the time of his death.

Investigation

Castration incident after arrest (Arkansas)

Phil Ostermann, the Arkansas State Police investigator who handled the castration case, noted in his report that Dr. Jeff Whitfield of the Elvis Presley Trauma Center in Memphis examined Dumond after the incident. Ostermann reported that he was asked by Dumond's wife whether it was possible the castration was self-inflicted.

The report included the response:

Whitfield responded that it was possible, and he had noted similar cases of self-mutilation in the past.

Forensic evidence and testimony in Arkansas rape case

The record described that at the time of the trial, only ABO blood typing evidence was presented, indicating that DuMond, along with 28 percent of the population, could have produced the semen.

It also described that in 1987 the victim’s jeans were given to an expert, Dr. Moses Schanfield. Using protein-based immunoglobulin allotyping, Schanfield examined a semen spot on the jeans. The record described a claim attributed to Dunleavy that Schanfield told him:

"No way, zip, nada. No way DuMond was the donor of that sperm. Not in a million years."

The record then included the excerpt from DuMond vs. Lockhart addressing the assumption about mixing of vaginal fluids with semen used for the test.

Arrest

Murder arrest and subsequent involvement

On August 8, 1972, DuMond was charged with murder in Lawton, Oklahoma, with help from two other men.

Washington molestation charge

On October 19, 1973, DuMond was charged with molesting a teenaged girl in Tacoma, Washington.

Arkansas rape charge

On September 28, 1976, DuMond was charged with raping a woman in DeWitt, Arkansas, and the charges were dropped before trial with counseling.

Arkansas arrest before rape trial

In March 1985, after his arrest but before his trial for the Arkansas rape conviction, DuMond claimed he was attacked in his home by two men and castrated.

Missouri arrest

Trial

Arkansas rape conviction

DuMond was sentenced following the rape perpetrated in Arkansas in 1984 involving Ashley Stevens.

The record described disagreement over whether Dumond’s castration account was credible and over evidentiary issues in relation to semen identification.

Missouri conviction

DuMond was convicted in the summer of 2003 in relation to the rape and murder of Carol Sue Shields.

Sentencing

DuMond was sentenced to life plus 20 years in prison for rape in Arkansas in 1985.

Appeals

The record did not describe an appeal outcome from the Arkansas rape conviction or Missouri conviction in terms of being overturned or affirmed. It described court decision material from DuMond vs. Lockhart.

Outcome

Parole and release

DuMond’s parole became an issue during the 2008 presidential election campaign involving Republican candidate Mike Huckabee, who supported the release of DuMond while governor of Arkansas.

The record described the following parole and release events:

• The Arkansas parole board voted 4-1 to deny parole on Aug. 29, 1996.
• The parole board voted 5-0 not to not recommend commutation or pardon on Sept. 10, 1996.
• Gov. Mike Huckabee announced his intent to commute Wayne Dumond’s sentence to time served on Sept. 20, 1996.
• On Jan. 16, 1997, the parole board voted 4-1 in favor of probation with the requirement that DuMond leave Arkansas.
• On Oct. 31, 1996, Huckabee entered executive session with the parole board.
• Nov. 29, 1996: DuMond submitted a request for reconsideration.
• Dec. 2, 1996: The parole board received his request for reconsideration.
• Dec. 19, 1996: DuMond was transferred from the Varner prison facility to the Tucker facility.
• Jan. 9, 1997: DuMond was interviewed at the Tucker facility.
• Jan. 20, 1997: The comment period for commutation would have expired, had DuMond not already been paroled.
• Oct. 1999: DuMond was released.

The record stated that Dumond was released in October 1999 and moved to Missouri, where he married Terry Sue after his parole.

Death in custody

DuMond was found dead in his cell at the Crossroads Correctional Center in Cameron, Missouri on September 1, 2005. The record stated he had been suffering from cancer of the vocal cords.

The status section stated that he died in prison on August 31, 2005.

Aftermath

Marriages and family

DuMond’s second wife, Dusty, supported him during imprisonment in Arkansas. Dusty died in a car crash January 8, 1999, after the approval of his parole but prior to the approval of his release plan.

DuMond’s final wife, Terry Sue, met him while he was in prison in Arkansas, visiting him as part of a church group that supported his release from prison. During his parole, after he was widowed, they married and lived together in Missouri.

Arkansas parole controversy and campaign attention

The record stated that nationwide attention developed in late 2007 when DuMond’s parole became an issue for presidential candidate Mike Huckabee during the 2008 presidential campaign.

The record described a video in which Lois Davidson, mother of the young woman killed by Dumond after his release, appeared. It included a quotation from Lois Davidson:

"If not for Mike Huckabee, Wayne DuMond would've been in prison, and Carol Sue would've been with us this year for Christmas."

The record stated that Lois Davidson appeared in a similar one-minute video entitled “Lois Davidson tells her story” which was posted on YouTube.

The record also stated that Ashley Stevens met with Governor Mike Huckabee, her family, and the prosecuting attorney in the case and that she pleaded with him to reverse his decision to release Dumond. It included a quoted statement from Ashley Stevens to Huckabee:

"This is how close I was to Wayne Dumond. I will never forget his face. And now I don’t want you ever to forget my face.”

Assertions by DuMond supporters and responses

The record described that DuMond’s case received intense nationwide attention and included statements and claims attributed to supporters and critics, including that Dunleavy argued:

• DuMond was a "Vietnam veteran with no record" despite arrests for violent crime and previous rape charges going back to 1972.
• The rape victim "failed to identify Dumond in two lineups," though the record stated she identified him in the only lineup where he was present.
• DNA evidence had exonerated DuMond, although the record stated no such definitive evidence existed.
• Bill Clinton had personally intervened to keep DuMond in prison, despite the then-Governor's recusing himself due to distant blood-ties to the 17-year-old victim.

The record described Dunleavy’s references to the victim and asserted:

"so-called victim"

and included:

"That rape never happened."

The record described that at the time of trial only ABO blood typing evidence was presented, and later additional testing involved Dr. Moses Schanfield.

Timeline

• August 8, 1972 — Wayne DuMond was charged with murder in Lawton, Oklahoma.
• October 19, 1973 — Wayne DuMond was charged with molesting a teenaged girl in Tacoma, Washington.
• September 28, 1976 — Wayne DuMond was charged with raping a woman in DeWitt, Arkansas.
• March 1985 — After his arrest but before trial, Wayne DuMond claimed he was attacked in his home by two men and castrated.
• 1985 — Wayne DuMond was sentenced to life plus 20 years in prison for rape in Arkansas.
• January 8, 1999 — Dusty, DuMond’s second wife, died in a car crash.
• Aug. 29, 1996 — The Arkansas parole board voted 4-1 to deny parole.
• Sept. 10, 1996 — The board voted 5-0 not to recommend executive clemency or pardon.
• Sept. 20, 1996 — Gov. Mike Huckabee announced his intent to commute Wayne Dumond’s sentence to time served.
• Oct. 31, 1996 — Huckabee entered executive session with the parole board.
• Nov. 29, 1996 — DuMond submitted a request for reconsideration.
• Dec. 2, 1996 — The parole board received DuMond’s request for reconsideration.
• Dec. 19, 1996 — DuMond was transferred from the Varner prison facility to the Tucker facility.
• Jan. 9, 1997 — DuMond was interviewed at the Tucker facility.
• Jan. 16, 1997 — The parole board voted 4-1 in favor of probation with the requirement that DuMond leave Arkansas.
• Oct. 1999 — DuMond was released.
• August 2000 — DuMond moved to Missouri and married Terry Sue after his parole.
• September 20, 2000 — Carol Sue Shields was the victim in a rape and murder described in relation to DuMond’s arrest and charge.
• June 22, 2001 — DuMond was arrested and charged with the September 20, 2000 rape and murder of Carol Sue Shields.
• June 21, 2001 — Sara Andrasek was murdered in a rape and murder described in relation to charges being prepared at DuMond’s death.
• Summer of 2003 — DuMond was convicted in the case described as the rape and murder of Carol Sue Shields.
• September 1, 2005 — DuMond was found dead in his cell at the Crossroads Correctional Center in Cameron, Missouri.
• August 31, 2005 — DuMond died in prison.
• December 13, 2007 — The record described the release of the video spreading quickly on the Internet after appearing on YouTube and on HuckabeeFacts.com.

Other details

Named individuals and quoted material

• Ermer Pondexter (ex-member of the board of pardons and paroles) said:

"I signed the [parole] papers because the governor wanted Dumond paroled. I was thinking the governor was working for the best interests of the state."

• The record quoted a state official describing Huckabee’s influence:

"The problem with the governor is that he listens to Jay Cole and reads Steve Dunleavy and believes them ... without doing other substantative work."

• The record included quoted statements attributed to Gov. Mike Huckabee in a letter to DuMond:

"My desire is that you be released from prison."

• Mike Huckabee in letters denying clemency applications:

"Dear Wayne,"
"I have reviewed your applications for executive clemency, specifically a commutation and/or pardon. ... My desire is that you be released from prison. I feel now that parole is the best way for your reintegration into society. ... Therefore, after careful consideration ... I have denied your applications."

• Keith Emis said:

"I saw Mrs. Davidson on CBS News last week talking about how Wayne DuMond murdered her daughter Carol Sue Shields. Shields was murdered because Mike Huckabee began pushing for DuMond's freedom when he became governor. DuMond was eventually released. There is no doubt Mrs. Davidson has a powerful story to tell, but I wasn't sure she had an outlet to share it. I agreed with her that Mike Huckabee has no business being president. – Keith Emis, December, 2007"

• Keith Emis also said he made the video with:

"no expenses, save gas and video tapes, and used friends as volunteer help, including one with video production experience. His uncle Donn Emis, a Fayetteville DJ, did the voiceover."

Other described people

The record named and described individuals including Phil Ostermann, Dr. Jeff Whitfield, Fletcher Long, Bill Clinton, Jim Guy Tucker, Jay Cole, Steve Dunleavy, Guy Reel, Rex Nelson, Leroy Brownlee, Deborah Springer Suttlar, Charles Chastain, Ermer Pondexter, Butch Reeves, Sharon Hansberry, Dina Tyler, George Brewer, Rick Toney, Bobby Hogue, Walter “Stevie” Stevens, Ashley Stevens, Carol Sue Shields, Lois Davidson, Sara Andrasek, and Keith Emis.

Burial and location

DuMond was buried in the Mt.