Johnson Greybuffalo

Case record: Johnson Wade Greybuffalo

Background

Johnson Wade Greybuffalo was born April 21, 1974. He was a full-blooded Ojibwa.

Tou Thao and Xee Thao, parents of Nancy Thao, were immigrants from Laos.

The offence

On the night of July 22, 1994, Greybuffalo broke into an apartment in Green Bay, Wisconsin. He resided on the second floor of the same building where the burglary occurred. The break-in was into an apartment on the first floor.

A folding chair in the yard was involved. Greybuffalo placed the chair under a window that was slightly open, climbed on the chair, and let himself in. He cut the screen with a straight razor he was carrying. He reached through the opening created in the screen to push the storm window up.

He entered a bedroom that was unoccupied, exited that room, and entered the living room. He looked for items to steal and found a large purse. When the large purse was opened, it revealed the presence of two smaller purses inside. Inside one of these smaller purses, some food stamps were found and Greybuffalo took them.

He proceeded from the living room through a kitchen area. He opened a door at the far end of the apartment and discovered that it led to another bedroom where several people were sleeping inside. He hastily closed this door trying to make as little noise as possible, and then went back to look for more items he could take.

At some point thereafter, Nancy Thao, age five, came out of the bedroom and happened upon Greybuffalo. Greybuffalo produced a knife and stabbed her several times, causing her death.

At trial, the injuries were described as 19 cutting wounds to Nancy Thao’s head, neck, chest and abdomen, and other injuries inflicted with a blunt object.

Evidence described in connection with fingerprints indicated Greybuffalo’s fingerprints were found on a storm window and on a fan in Nancy Thao’s room.

Grebuffalo removed two sets of keys from the purses he had discovered earlier. One set of keys enabled him to start one of two vans owned by the victim’s family and parked outside.

After carrying Nancy Thao’s body out of the building and dumping it in a garbage can next to the apartment building’s garage, Greybuffalo drove off in the van he could start using the keys he had taken and fled to Madison, Wisconsin.

Investigation

Using sophisticated genetic testing, medical experts linked blood and tissue from Nancy Thao to samples taken from Greybuffalo and his clothes.

Arrest

Within hours after Nancy Thao’s body was found, Greybuffalo was arrested in Madison with the Thao family’s van and food stamps. He had been released from the Brown County Jail on July 6 to look for work after serving time for failure to pay a fine for underage drinking.

Trial

In 1995, Greybuffalo was found guilty following a jury trial of first-degree intentional homicide. The charge was first-degree intentional homicide for stabbing Nancy Thao after breaking into her Green Bay home through a bedroom window on July 22.

A jury deliberated less than two hours on January 14 before convicting Greybuffalo.

Jurors were described as sequestered during the six-day trial, and they said evidence was so overwhelming they had no problem convicting Greybuffalo.

During the trial, Greybuffalo testified that a friend of his stabbed Nancy to death. Greybuffalo also testified that he took the girl from the friend, wrapped her body in blankets, carried her outside, and left her on the driveway. Another trial account stated that Greybuffalo testified Friday that a friend of his killed Nancy, and separately that Greybuffalo testified he did not stab Nancy and did not participate in the robbery.

A juror was quoted: juror Wendy Sutter said: "They didn't even really need the DNA evidence. That print right on the fan, it gave it away that he was there, and he had blood on him."

A DNA expert testified that the girl’s blood was on Greybuffalo’s clothing.

Grebuffalo’s conviction included other convictions: he was convicted of armed burglary, felony car theft, and misdemeanor escape. A sentencing later described those convictions and that he was scheduled to be sentenced Friday.

The Brown County District Attorney John Zakowski was quoted saying: "This is a person who cannot be on the street at all," and also called Greybuffalo "a good excuse for the death penalty."

A defence attorney was mentioned as Eric Stearn, appointed to represent Greybuffalo through the state public defender’s office.

Sentencing

Brown County Circuit Judge Donald Hanaway sentenced Greybuffalo, 20, of Green Bay, to the mandatory life prison term. The sentencing included a life prison term and extended his parole eligibility to his birthday in 2070. Greybuffalo gave no statement before the sentencing.

Hanaway also sentenced Greybuffalo to 20 years in prison for armed burglary of the Thao home and ordered that he serve the sentence after the term for murder was completed.

Grebuffalo was sentenced to life in prison on April 30, 1996. A Court of Appeals decision affirmed his conviction in a ruling handed down by the state Court of Appeals on April 30, 1996.

A sentencing report also said Greybuffalo was ordered to spend 75 years in prison before being eligible for parole.

Appeals

Grebuffalo appealed the conviction, but it was affirmed in a ruling handed down by the state Court of Appeals on April 30, 1996.

Outcome

The conviction for first-degree intentional homicide was affirmed on April 30, 1996. Greybuffalo remained sentenced to life in prison.

Nancy Thao’s father, Tou Thao, was quoted saying: "We are looking for brighter futures and hoping for the better," and also said: "Nancy can rest in peace now that her murderer has been convicted."

Other details

Civil proceedings

Nancy Thao’s parents, Tou and Xee Thao, filed a civil suit against Greybuffalo and received a judgment in their favor in excess of $1 million. This action was described as largely symbolic because Greybuffalo, sentenced to life behind bars, was unlikely to be able to pay even a fraction of the amount awarded.

Federal religious rights litigation

Grebuffalo was sent to the Green Bay Correctional Institution to serve his sentence.

He heavily immersed himself in the rituals of his Ojibwa nation, which led to his filing a federal lawsuit against the Wisconsin Department of Corrections on October 8, 2003. He accused prison officials of infringing upon his right under the Religious Land Use and Institutionalized Persons Act and also the First Amendment to the United States Constitution to practice his tribal religion.

On November 4, 2003, Chief Judge Barbara Crabb of the United States District Court for the Western District of Wisconsin issued a ruling dismissing some of the charges contained in Greybuffalo’s suit. The ruling also set a tentative trial date in early 2005 to hear arguments on the remaining allegations.

The case was officially known as Greybuffalo v. Frank.

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