Howard Milton Belcher

Case record: Howard Milton Belcher

Background

Howard Milton Belcher was 26 years old when he was formally charged in the death of Mark Schaller. Belcher described himself as an HIV-positive prostitute during interviews with the Atlanta Police Department, and he frequented Bulldogs and the area around the bar to meet tricks.

In November, Fulton County prosecutors decided against seeking the death penalty for Belcher in the Fulton County case involving Mark Schaller, and instead sought a life sentence without the possibility of parole.

The offence

Belcher was charged with murder in the October 5, 2002 death of Mark Schaller, a 40-year-old gay man who lived in an upscale Midtown condominium on Dutch Valley Road off Monroe Drive.

Authorities also alleged that Belcher went on a killing spree in October 2002, meeting victims at or near Bulldogs, a Peachtree Street gay bar popular among African-American men.

In the Paulding County murder case, Belcher was sentenced for the October 10, 2002 murder of Matthew Abney, 45, a gay assistant manager for Wal-Mart. Prosecutors said robbery apparently motivated Belcher during the alleged spree. In that case, Belcher and Abney had sex before Belcher strangled him and took jewelry and his car. Abney’s hands were bound with a necktie; he was partially dressed; and a gas oven was left on.

Belcher also faced charges in other homicides. Fulton prosecutors said Belcher was charged with murder in the death of Leroy Tyler, a 27-year-old gay man found in his Clarkston apartment on October 5, 2002. Police said Tyler was strangled with his hands tied. Authorities said Belcher was also a suspect in the October 28, 2002 death of Artilles McKinney, a 35-year-old gay Duluth man. Police discovered McKinney’s body in his townhouse after stopping Belcher while he was driving a 1994 Lexus.

Police reported methods were similar across cases. In Mark Schaller’s case, Schaller was found partially nude with his hands bound by a necktie and died of blunt force injury to the neck. A gas oven in his condo was also turned on, and his cell phone and wallet were reported missing.

Investigation

Erik Friedly, public affairs director for the Fulton County District Attorney, characterized Belcher as a serial killer and said he was suspected in a number of murders.

Det. Vincent Velazquez said Belcher and Schaller apparently met near Bulldogs. Forensic evidence later proved inconclusive in the McKinney case and kept authorities from charging Belcher in McKinney’s death at the time prosecutors discussed the case expansion.

In the Paulding County case involving Abney, Tom Melanson, an assistant district attorney in Paulding, said Belcher turned the burners on so that it would blow the place up and destroy evidence, describing it as a signature “like his calling card.” Melanson also reported that in a letter to investigators, Belcher said Abney died while the two men had sex; during trial, Belcher said a third man was in the home and killed Abney.

In the Schaller case, prosecutors planned to try to introduce evidence at trial showing that Belcher used the same methods to allegedly kill other gay men in metro Atlanta.

Arrest

Belcher was arrested October 30, 2002, after police in College Park stopped him while he was driving a 1994 Lexus. Police discovered the car’s owner, McKinney, dead in his townhouse a day earlier.

Authorities said Belcher and McKinney met October 28 a few blocks from Bulldogs and later traveled to McKinney’s home.

Trial

A trial involving Belcher in Paulding County occurred in June. Prosecutors attempted to introduce “similar transactions” evidence, suggesting Belcher killed three other gay men. A judge rebuffed the move to introduce evidence linking Belcher to the slayings of Tyler in DeKalb and McKinney in Gwinnett, but allowed links to Schaller’s homicide in Atlanta. Tom Melanson said the allowed links strengthened the case that ended with Belcher receiving a sentence of life in prison plus 20 years for murdering Abney.

During hearings connected to the Schaller case, Superior Court Judge Thelma Wyatt Cummings Moore asked Belcher if he accepted his two court-appointed attorneys. Belcher thanked the judge for giving him the death penalty and asked to die.

“I’d like to thank the court for giving me the death penalty,” Belcher said.

Moore interrupted Belcher, stating that he had yet to face trial on charges in the death of Schaller, including felony murder, murder, aggravated assault and theft by taking.

Belcher continued:

“I want the death penalty,” Belcher continued. “I don’t have anything to talk about. I want the death penalty. I really don’t want anyone to represent me.”

Sentencing

In June 2004, a Paulding County judge sentenced Belcher to life in prison plus 20 years for the October 10, 2002 murder of Matthew Abney.

Appeals

No appeal information was provided in the material.

Outcome

Fulton prosecutors served notice during a brief hearing that they intended to pursue the death penalty in the Schaller case. Assistant District Attorney Anna Green served the notice and called Belcher’s alleged role in Schaller’s death “outrageously or wantonly vile.”

“outrageously or wantonly vile.”

The hearing on the Schaller charges marked Belcher’s first appearance in Fulton County court since he was formally charged November 9.

David Cooke, an assistant district attorney, said Fulton prosecutors were hoping for similar success when the case reached trial, which could take up to a year.

Aftermath

Belcher’s November formal charging process in Fulton County proceeded after earlier decisions not to seek the death penalty, and prosecutors later indicated they would pursue it in the Schaller case.

Belcher also remained charged in connection with the deaths of other gay men named in the material: Leroy Tyler and Artilles McKinney, along with the death of Mark Schaller.