Derrick Wayne Frazier

Case details

Derrick Wayne Frazier was executed in Texas by lethal injection on August 31, 2006.

Frazier was condemned for the capital murders of Betsy Nutt and her son Cody Nutt. He was also convicted and sentenced to death following a jury verdict for capital murder.

Frazier was also known by his Muslim name Hasan al-Shakur / Hasan Shakur.

Timeline

• In summer of 1997 — Jerry Nutt arrived home from work and found the bodies of his wife, Betsy Nutt, and his son Cody in the family’s mobile home on the Dos Amigos Ranch about ten miles north of Refugio.
• June 26, 1997 — Jerry Nutt found the bodies of Betsy Nutt and Cody Nutt; a timeline reference later stated that Frazier was condemned for the murders that occurred on this date.
• June 25, 1997 — Frazier and Jermaine Herron were described as visiting the Lucich home and later returning the next day.
• Oct. 8, 1997 — A Refugio County grand jury indicted Frazier for the capital murders of Betsy and Cody Nutt.
• Oct. 7, 1998 — Judgment was entered after a jury found Frazier guilty of capital murder and sentenced him to death.
• Dec. 27, 2000 — Concurrent with his direct appeal proceedings, Frazier filed a state writ application in the trial court.
• Mar. 28, 2001 — Frazier’s conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals.
• May 9, 2001 — The Texas Court of Criminal Appeals denied rehearing.
• Jun. 27, 2001 — The Court of Criminal Appeals denied Frazier’s application for state habeas relief and adopted the findings of the trial court.
• Oct. 29, 2001 — The Texas Supreme Court denied certiorari off direct appeal.
• Oct. 29, 2002 — Frazier filed a petition for writ of habeas corpus in a federal district court.
• Feb. 14, 2003 — Frazier filed his amended federal petition.
• Sep. 29, 2004 — The federal district court denied habeas relief.
• Aug 10, 2005 — The 5th U.S. Circuit Court of Appeals denied Frazier a certificate of appealability.
• Nov. 3, 2005 — The 5th Circuit Court denied Frazier’s motion for rehearing.
• Jan. 31, 2006 — Frazier petitioned the U.S. Supreme Court for certiorari review and a stay of execution.
• April 17, 2006 — The U.S. Supreme Court denied the petition.
• April 18, 2006 — Frazier filed a successive application for state habeas relief in the Texas Court of Criminal Appeals.
• April 24, 2006 — The Texas Court of Criminal Appeals granted Frazier’s motion to stay his execution.
• June 28, 2006 — The court found Frazier not to meet the criteria for filing a successive habeas; it was dismissed as abuse of the writ.
• July 6, 2006 — The trial court entered an order setting Frazier’s execution date for August 31, 2006.
• August 4, 2006 — Frazier filed a motion to vacate the execution order in the trial court.
• August 15, 2006 — The trial court denied Frazier’s motion to vacate.
• August 17, 2006 — Frazier filed a request for leave to file a successive federal habeas petition in the 5th U.S. Circuit Court of Appeals.
• August 31, 2006 — Frazier was executed by lethal injection in Texas; he was pronounced dead at 6:18 p.m., seven minutes later.

The offence

Betsy Nutt and Cody Nutt were killed in their rural mobile home on the Dos Amigos Ranch. The mobile home was located about ten miles north of Refugio.

When Jerry Nutt arrived home after work in the summer of 1997, he found the bodies of Betsy Nutt and Cody Nutt in the family’s mobile home. Jerry Nutt found his wife’s body in the kitchen and his son’s body in the next room.

Betsy Nutt was shot twice in the head. Cody Nutt was shot four times, including two shots to the head. The medical examiner testified that Cody was shot four times and that three of the shots, including one to the chest and two to the head, would have been fatal shots. The medical examiner also testified about the likely order of shots based on point of entry and trajectory.

Victims

• Betsy Nutt — age 41; shot twice in the head.
• Cody Nutt — age 15; shot four times, including two shots to the head.

Investigation

Police quickly focused on Frazier and another man, Jermaine Herron.

When police arrested Frazier, he was wearing a pair of white tennis shots that had been taken in a burglary at the ranch owner’s home on the same day as the murders. Police recovered additional property taken in the burglary from Frazier’s girlfriend and from the apartment where Frazier was hiding.

Forensic experts matched Frazier’s fingerprints to fingerprints recovered from inside the Nutts’ pickup, which was stolen the day of the murders.

When police searched the apartment of the other suspect’s girlfriend, investigators recovered Betsy Nutt’s cell phone and a 9-millimeter handgun that had been stolen from the ranch owners’ home. Firearms experts determined the gun was the murder weapon.

Frazier provided a videotaped statement admitting to murdering Betsy Nutt, stealing her pickup, and burglarizing the ranch owners’ home.

Investigators also recovered a sawed-off 22-caliber rifle from underneath the Luciches’ mobile home, where authorities believed the two men waited for the Luciches to leave for the day. Investigators found that someone had written “Killa,” allegedly a nickname Herron used, on a concrete block supporting the Lucich family’s mobile home.

After the shooting, Frazier and Herron used Betsy Nutt’s truck to carry loot from the neighbor’s house, including some clothing Frazier was wearing when he was arrested in Victoria, about 30 miles to the north. The truck was found parked outside Frazier’s apartment and items taken from the burglary were recovered from his girlfriend. Frazier’s fingerprints were inside the truck.

Other persons and roles

• Jermaine Herron — accomplice/partner; was executed three months before Frazier.
• Michael Brown — described as present with Frazier and Herron during the night before the killings at the Lucich home.
• Ron Lucich — ranch owner where the killings took place near the Dos Amigos Ranch; testified about vulnerability and the intended plan to kill his family.
• Donna Lucich — ranch owner.
• Jerry Nutt — husband of Betsy Nutt and father of Cody Nutt; testified at trial.
• Michael Sheppard — Refugio County district attorney who prosecuted both men.
• Jim Hodges — Refugio County Sheriff.
• Tom Tiller — Betsy Nutt’s brother; gave statements about delay in the appeals process and missing victims.
• Michael Graczyk — named in connection with reporting about Frazier’s execution.
• Michael Sheppard — also gave statements about videotapes and confessions.
• Jerry Nutt also gave statements after executions and during trial testimony as described in the reporting.
• Detective (Texas Ranger) — a Texas Ranger testified about Jerry Nutt’s statement at the crime scene.

The offence narrative (burglary and killings)

Frazier and Jermaine Herron showed up at a home near the Nutt residence and inquired about work. During a visit, they spotted guns in the house and decided to return to steal them. Evidence showed they came back the next day when the people who lived there were gone.

Evidence described them breaking in, sitting around drinking in the house, and watching as Betsy Nutt drove up. They then told Betsy Nutt about a car breakdown and walked over to her after the break-in and prior to the shooting.

Betsy Nutt greeted the two men, claimed they had car trouble, and offered to drive them back to town after she told them she needed a phone call. She served iced tea and offered a ride in her pickup truck. Cody Nutt was shot four times.

After the shooting, the pair used her truck to carry loot from the neighbor’s house and other burglary-related items were recovered from Frazier’s girlfriend and from the apartment where Frazier was hiding. A truck was also reported spotted at a Victoria apartment complex about two hours after it was reported missing.

Statements

Frazier insisted he was innocent. In statements made shortly before and during execution, he said:

“I am innocent. An innocent man is being put to death. I've professed my innocence for nine years and I will continue to profess my innocence for another nine years,”

He also said:

“Tell my people we must continue on. Do not give up the fight. Do not give up hope. We can make it happen,”

He further told the woman he married by proxy that he loved her and said:

“Stay strong, Baby. I love you forever.”

Michael Sheppard said:

“cool as a cucumber”

Michael Sheppard also said:

“There are videotapes”

Sheppard said:

“In his confession he talked about details only someone in the house would know, where the bodies were, how many bullets were in them, where they were shot. They both said Herron shot Cody, handed the gun to Frazier and Frazier shot Betsy Nutt. And bear in mind, they're giving these statements separately.”

At trial, in testimony attributed to Jermaine Herron in a video-taped confession, Herron said:

“I was in the trailer, and I did shoot at the boy, and I put the gun on the table and left.”

Herron was asked why he and Frazier decided to kill Betsy Nutt and Cody Nutt; Herron answered:

“He (Frazier) said, 'To be able to get away with it,'”

A video-taped confession also included statements about the gun being left on the table and that Frazier picked it up and shot Betsy Nutt, and that Betsy Nutt was shot twice in the head.

Jerry Nutt asked a Texas Ranger for help finding who did this, and the Ranger’s testimony included the statement:

“Mr. Ranger, please find who did this to my family.”

Procedural history

• **Aug.
• Oct. 7, 1998 — Judgment was entered after a jury found Frazier guilty of capital murder and sentenced to death.
• **Dec.
• **Mar.
• **Jun.
• **Oct.
• **Oct.
• **Feb.
• **Sep.
• Aug 10, 2005 — The 5th U.S.
• **Nov.
• **Jan.
• April 17, 2006 — The Supreme Court denied the petition.
• April 24, 2006 — The appeals court granted Frazier’s motion to stay his execution.
• June 28, 2006 — Frazier was found not to meet the criteria for filing a successive habeas; the application was dismissed as abuse of the writ.
• Circuit Court of Appeals.

Sentencing

A jury found Frazier guilty of capital murder and sentenced him to death.

Appeals

Frazier’s conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals on Mar. 28, 2001. The Texas Supreme Court denied certiorari off direct appeal on Oct. 29, 2001.

His state habeas relief application was denied by the Texas Court of Criminal Appeals on Jun. 27, 2001, adopting the trial court’s findings.

In federal proceedings, the federal district court denied habeas relief on Sep. 29, 2004. The 5th U.S. Circuit Court of Appeals denied a certificate of appealability on Aug 10, 2005, and denied Frazier’s motion for rehearing on Nov. 3, 2005.

The U.S. Supreme Court denied certiorari review and a stay petition on April 17, 2006.

The Texas Court of Criminal Appeals granted a motion to stay execution on April 24, 2006. On June 28, 2006, the court dismissed Frazier’s successive habeas as abuse of the writ.

Less than an hour before the scheduled execution time, the justices rejected three petitions and requests for reprieves.

Arrest

After the Nutts’ pickup truck was reported missing, it was spotted at a Victoria apartment complex about two hours after it was reported missing. Frazier was arrested at that complex where he was trying to give rifles stolen from the Lucich house to a man to whom he owed money.

When police arrested Frazier, he was wearing white tennis shots taken in a burglary at the ranch owner’s home on the same day as the murders.

Prior criminal history

Frazier had a prior conviction for aggravated assault for shooting a man and a juvenile conviction for robbery.

At the time he was arrested for the murders, he had pending assault charges.

Execution

Frazier was executed by lethal injection in Texas on August 31, 2006 and was pronounced dead at 6:18 p.m., seven minutes later.

On the night and day of execution he reiterated his innocence, saying:

“I am innocent,” “I am being punished for a crime I did not commit. I have professed my innocence for nine years, and I continue to say I am innocent.”

Frazier did not request a last meal.

Aftermath and related events

Jermaine Herron was executed three months before Frazier.

Frazier was described as the second convicted murderer to die for the shooting deaths of Betsy Nutt and her son, Cody, and as the 20th Texas prisoner executed that year.

A statement about a friend of the victims and witnesses said the executions were awaited after nine years. Jerry Nutt watched Jermaine Herron’s execution on May 17 and said after watching Herron die:

“I can't wait for Frazier's execution,” “We'll be here with bells on. It's what we've been waiting for, for nine years.”

Jerry Nutt also said after Frazier’s execution:

“He deserved just what he got, only a lot worse,” and: “I just wish I could have done it myself,” “I'd kind of liked to have been the one to push the button.” He also said: “I know that sounds pretty cold, but when you lose someone like I've lost, my wife and son, and you hear animals like that, playing the system, getting a stay, cruel and unusual punishment is us waiting on justice.”

Tom Tiller, Betsy Nutt’s brother, said:

“Justice grinds along so slowly,” “I try not to dwell on it or think about it too often, put it out of my mind sort of thing.” He also said: “Justice is going to be served.”

Ron Lucich said:

“Derrick Frazier, of course, he's never shown any remorse, or anything about the murders.” He also said: “When he made a statement like they were like road kill, to me it was just like he killed them again,” and: “When you can sit there and make a statement that they're no different than a raccoon that's been run over by a truck on the side of the road - they're human beings. That's a sad time, and I and Jerry both feel he had a second opportunity to go on TV and kill them again.”

Frazier’s brother-in-law and other references noted that Frazier blamed a coerced confession, while the district attorney said videotapes showed details consistent with the crime.

Other details

Frazier was 29 at execution; reporting also described him as 20 at the time of the 1997 murders.

Reporting described him as being born in Dallas and growing up in Galveston.

Frazier’s advocates stated that he had a prior conviction history and described allegations about trial issues including “forced confession,” “all-white jury,” “incompetent trial attorney(s),” and “lack of physical evidence,” and they stated his claims concerning juror misconduct were dismissed by the court on June 28, 2006. The execution date was described as set for August 31, 2006.

Frazier’s statements included a description attributed to him about the victims:

“Driving down the highway, you see a raccoon on the side of the road. It just got run over by a truck. Do you have any remorse? You didn't even know that raccoon, did you?”

A request for actions related to Frazier included references to contacting Gov. Rick Perry, and included names tied to an inmate website and support committee, including Knut Erik Paulli Morkved, Debbie Harris, and associated email addresses and locations as provided in the material.