Richard Charles Duncan

Case record: Richard Charles Duncan

Background

Richard Charles Duncan was the longtime homosexual partner and business partner of Gary High. Duncan and Gary High were business partners in a computer software business named Hitech Microsystems.

John Abner High and his wife, Ruth Brown High, were Duncan’s lover’s parents. Gary High had been in a homosexual relationship with Duncan for over twenty years.

At some point, a third man, Robert Alexander, became involved with both Duncan and Gary High. Duncan, Gary High, and Robert Alexander lived together. Robert Alexander also shared in a computer business with them.

The offence

On October 7, 1987, Ken High, one of the Highs’ two adult sons, found his parents dead in their home.

Ruth High was found in bed. John High was lying in a pool of blood on the kitchen floor. Ken High also observed a gas odor in the house.

A gas cooker was found connected to an open gas jet behind a washing machine, with the open gas jet filling the room with a gas odor. There was a large candle on the table in the den. Both Ruth’s and John’s wills were open on John’s desk. All the doors and windows in the house were closed and locked.

Although the deaths initially appeared accidental, autopsies revealed that Ruth High had been smothered. Autopsies also revealed that John High had been struck in the head with an unknown object, resulting in six lacerations. John High also had several abrasions described by the medical examiner as defensive wounds, and several broken ribs.

A book was next to Ruth High on the bed, suggesting she had fallen asleep while reading, but her reading glasses were across the room. The autopsy report stated that John High died three hours after Ruth High. Prosecutors said Ruth High was killed and Duncan waited in the house for three hours for John High to come home from work, which they said proved premeditation.

Authorities initially believed John and Ruth High had been asphyxiated by gas, based on the gas cooker connected to an open gas jet. Autopsy results later confirmed they had been murdered.

Duncan told police that the plan had involved using a yard worker named Oscar Rodriguez for $5,000. Business records for the company which allegedly employed Rodriguez showed no employee by that name in 1987. Investigators could not confirm whether Oscar Rodriguez was a real person or a fictitious one.

Duncan also described the killings as “mercy killings” because of the victims’ failing health. Duncan stated that Ruth High had complained to him about John High’s deteriorating health and had asked Duncan to arrange for Ruth and John to be killed.

Investigation

The murder case remained unsolved for almost six years because of a lack of direct physical evidence against Duncan.

The case remained dormant until August 1993, when Robert Alexander made an anonymous call to the Houston Police Department indicating Duncan was the killer. Police ascertained the identity of the caller as Alexander and Alexander was granted immunity.

Police arranged for Alexander to tape telephone conversations with Duncan, who was living in Seattle. In the taped telephone conversations, Duncan made incriminating statements. A warrant was issued for Duncan’s arrest.

After his arrest in Seattle, Duncan made a taped statement in which he characterized the killings as “mercy killings” and admitted his involvement. In a later account connected to the investigation, Duncan stated that he paid a yard worker named Oscar Rodriguez $5,000 to kill the Highs.

The state relied on testimony from Robert Alexander and Duncan’s own admissions during taped phone calls and a later confession to police. The state also relied on testimony from the Highs’ then-neighbor, Kyle Christoffel, who testified about what Duncan told him on the morning after the murders.

Kyle Christoffel testified that Duncan explained that John High had purchased a gas shrimp cooker, hooked it to a gas jet in the utility room, attempted to light it, became tangled in the hose, and then tripped and fell.

Arrest

After his arrest in Seattle, Duncan made a taped statement to police and was returned to Houston. A prosecutor described how Duncan had tried to explain the deaths as mercy killings because of the victims’ failing health.

Duncan had no previous criminal record.

Trial

In May 1995, a Harris County, Texas jury convicted Richard Charles Duncan of capital murder and assessed a punishment of death.

Sentencing

In May 1995, the jury sentenced Duncan to death for the capital murders of John Abner High and Ruth Brown High.

Appeals

On direct appeal, the Texas Court of Criminal Appeals denied relief on sixteen points of error and affirmed Duncan’s conviction and sentence in 1997.

On October 5, 1998, the United States Supreme Court denied certiorari review.

In state habeas proceedings, Duncan filed an application for writ of habeas corpus raising thirteen grounds for relief while his direct appeal was pending. On October 11, 2000, the Court of Criminal Appeals independently reviewed the record, adopted the trial judge’s findings and conclusions, and denied relief.

In federal habeas proceedings, Duncan filed a federal writ of habeas corpus petition raising sixteen claims on October 11, 2001. On August 1, 2002, the United States District Court for the Southern District of Texas, Houston Division, denied habeas relief and denied the subsequent application for a certificate of appealability.

On October 15, 2002, Duncan applied for a certificate of appealability from the Fifth Circuit Court of Appeals. On July 3, 2003, the Fifth Circuit denied the request in an unpublished opinion.

Duncan did not seek rehearing.

In appeals, Duncan argued that Robert Alexander offered false testimony and that the State had knowledge the testimony was untrue. Duncan also argued that an affidavit submitted by Gary High would have nullified Alexander’s testimony, and the state court rejected Gary High’s affidavit.

Outcome

Duncan was scheduled to be executed in Texas. The 230th Judicial District Court of Harris County set Duncan’s execution for Wednesday, December 3, 2003.

The U.S. Supreme Court refused to review his case.

Aftermath

Duncan was executed by lethal injection on December 3, 2003.

At 6:13 p.m., the lethal injection began, and he was pronounced dead at 6:21 p.m.

Final meal

Duncan requested a last meal that included fried chicken, french fries, berry cobbler and a Coke.

Final words

"I did have, but now I see my family here and everything - all I want to say is I love you all so much. I am innocent. I love you all so much. You are beautiful. Okay Warden, I am through."

Earlier, in the death chamber and moments before the lethal injection began, Duncan proclaimed his innocence and said: "I'm innocent - Y'all know that," Duncan said. "I love you all so much. Your beautiful."

After receiving the injection, he continued to look toward the five friends he referred to as family, and said: "They're so beautiful. Aren't they?"

He also told his friends: "I am innocent, and you know that," Duncan told his friends at his execution. "I love you all so much. You are beautiful."

Other details

Gary High was never charged and was never called to testify in the case.

Duncan declined to speak with reporters in the weeks leading up to his scheduled punishment.