Billy John Galloway

Case details

Defendant: Billy John Galloway (male) Gender: Male Race: White Age / date-of-offense age details: Education: 6 years; occupation: Laborer; height: 5' 11"; weight: 175; hair color: Brown; eye color: Blue. Place of last known origin: Onondaga, New York.

Timeline

• 09/08/1998 — Billy Galloway and three co-defendants met David Logie at his motel room in Greenville; the group left in the victim’s rented vehicle; Galloway struck the victim several times with a hammer and a co-defendant struck him several times with a log; the group moved the body behind a building, took the victim’s wallet, and fled in the victim’s rented vehicle; they were later arrested after a routine traffic stop in San Antonio.
• Late summer of 1998 — Billy Galloway, his girlfriend Deannee Bayless, his friend Kevin Varga, and Varga’s girlfriend Venus Joy Anderson were all on probation or parole with the South Dakota Department of Corrections.
• 09/01/1998 — The four gathered money and belongings, loaded up Galloway’s automobile, and left South Dakota.
• A few days later (after 09/01/1998) — The group arrived in Wichita, Kansas, and checked into a hotel; after discussing a plan to lure someone back to the hotel to blackmail or rob him, Galloway, Anderson, and Bayless went to a bar and met David McCoy; Bayless talked McCoy into returning to the hotel with them; the men killed McCoy, wrapped his body in a blanket, and loaded it into Galloway’s car; driving both cars, the group left Wichita; after Galloway’s car broke down, they abandoned it in a parking lot with McCoy’s body still inside.
• 09/07/1998 — The group arrived in Greenville, Texas.
• 03/21/2000 — After a trial in the 354th District Court of Hunt County, the jury found Billy Galloway guilty of capital murder.
• 03/24/2000 — After a hearing, the court sentenced Galloway to death.
• 11/19/1999 — A Hunt County grand jury indicted Galloway for capital murder.
• 01/29/2003 — On appeal, the Texas Court of Criminal Appeals affirmed the conviction and sentence.
• 10/06/2003 — The U.S. Supreme Court denied certiorari review.
• 01/21/2004 — The Texas Court of Criminal Appeals denied Galloway’s application for state habeas corpus relief.
• 12/03/2008 — A Dallas U.S. district court denied federal habeas corpus relief.
• 01/05/2009 — The federal district court denied Galloway’s request for permission to appeal.
• 09/18/2009 — The United States Court of Appeals for the Fifth Circuit denied Galloway’s request for permission to appeal.
• 04/05/2010 — The Supreme Court denied Galloway’s petition for writ of certiorari.
• 05/13/2010 — Billy Galloway was executed by lethal injection in Texas.

Background

Billy Galloway was a White male from Onondaga, New York. He had education of 6 years and worked as a laborer. He was described as having brown hair, blue eyes, a height of 5' 11", and a weight of 175.

Prior prison record

Galloway had a prior prison record in South Dakota Department of Corrections:

• #26628 — 12/13/90, an 8 year split sentence for 1 count of Grand Theft (4 years to serve, 4 years suspended). He was paroled on 2/12/93; on 4/14/93 he returned as a parole violator; he was paroled in 1995.
• #32021 — a 5 year sentence for 1 count of Attempted Robbery First Degree on 10/16/96; he was paroled on 6/6/98.

Criminal-matter history and custodial events referenced at sentencing

At sentencing in the capital case, the State introduced evidence that while awaiting trial Galloway had assaulted a guard and had escaped from Hunt County Jail. The State also offered testimony from victims’ relatives. The State introduced evidence that in Sioux Falls, South Dakota, in 1996 Galloway had been involved in a car chase with police that led to a crash. He was charged with driving while intoxicated and drug possession, and he had been arrested in South Dakota for resisting arrest, causing disturbances, possession of a concealed weapon, and repeatedly threatening police officers, and had spent time in the South Dakota Prison system.

The offences

Robbery and killing of David Logie (capital murder)

In Greenville, Texas, the group met David Logie at his motel room. The incident involved a robbery and beating that led to Logie’s death.

Victim: David Logie, 37 Place: Greenville, Hunt County, Texas The group left Logie’s motel room in Logie’s rented vehicle and traveled 3 blocks from the motel and turned into a parking lot. As the victim left the vehicle, Galloway hit him several times with a hammer. A co-defendant hit him several times with a log. Two other co-defendants moved the body behind a building and took the victim’s wallet. The assailants fled in the victim’s rented vehicle.

Another account described the sequence around the Holiday Inn parking lot in Greenville, when Bayless met Logie at a Holiday Inn bar and convinced him to go eat with her; with Bayless driving Logie’s rental car, Bayless, Logie, and Anderson left the Holiday Inn parking lot; Galloway and Varga followed in McCoy’s car; Bayless pulled off the road near a building; Bayless got out with Logie; Galloway appeared and began cursing and hitting Logie with his fist, knocking him down; Varga repeatedly struck Logie with a log, killing him; Bayless took Logie’s wallet and credit cards; the group burned McCoy’s vehicle and left Greenville in Logie’s rental car.

After leaving Greenville, the group traveled to San Antonio, where Bayless and Anderson used Logie’s stolen credit cards at a shopping mall. As they were leaving the mall parking lot, the women saw a police car behind them and pulled into a nearby Wal-Mart parking lot. An officer approached and separated the two women. After Anderson confessed to the murders, officers arrested Bayless and Anderson. Galloway and Varga were arrested later that night. Based on Anderson’s confession, authorities located Logie’s body near Greenville and notified Kansas authorities about McCoy’s murder.

Killing of David McCoy (described as part of the same scheme or course of conduct)

The events included a Kansas murder before the Texas murder.

Victim: David McCoy, 48 Place: Wichita, Kansas After the group arrived in Wichita and checked into a hotel, Galloway, Anderson, and Bayless discussed a plan to lure someone back to the hotel to blackmail or rob him. They went to a bar and met David McCoy. Bayless talked McCoy into returning to the hotel with them. Once there, the men killed McCoy, wrapped his body in a blanket, and put it into Galloway’s car. Driving both Galloway’s and McCoy’s cars, the group left Wichita. After Galloway’s car broke down, they abandoned it in a parking lot with McCoy’s body still inside. A separate description said McCoy’s body was found wrapped in sheets in Galloway’s SUV abandoned a few blocks from where he was beaten to death. The group wasn’t tried for his slaying.

Scheme and recruitment plan described through testimony

Galloway, Anderson, Bayless, and Varga were described as attempting to generate money by robbery or extortion. Anderson testified that Varga proposed financing a road trip using a scam in which the women offered sex to men along the way, followed by ambushing and robbing the victims.

At the bar in Wichita, after Anderson asked what “rolling” meant, her cohorts explained that it entailed enticing an older man with money back to a hotel room and then blackmailing him after the others caught him in a compromising position.

Investigation and arrest

Galloway and Varga were arrested later that night in San Antonio after officers used a routine traffic or license check that showed their car was stolen. In the account involving Logie’s stolen credit cards, police pulled into a Wal-Mart parking lot after a police car approached; an officer separated the two women, and Anderson confessed to the murders, leading to the arrest of Bayless and Anderson; Galloway and Varga were arrested later that night.

Authorities located Logie’s body near Greenville based on Anderson’s confession and notified Kansas authorities about McCoy’s murder.

Trial

Charges and verdict

Galloway was indicted for capital murder.

• 03/21/2000 — After a trial in the 354th District Court of Hunt County, the jury found Galloway guilty of capital murder.
• Legal basis stated in the appellate opinion: capital murder under Tex. Penal Code Ann. § 19.03(a), with reference to the jury’s answers to special issues under Texas Code of Criminal Procedure Article 37.071.

Sentencing

Victim-impact evidence and other trial rulings referenced on appeal

On direct appeal, the court addressed issues raised by Galloway, including sufficiency of the evidence under the accomplice-witness corroboration rule, validity of the indictment and jurisdictional arguments, equal protection arguments, and issues involving victim-impact testimony and prosecutorial use of a videotape during closing argument at punishment.

Key quoted material from Galloway on appeal included the trial court and appellate discussions; however, no additional verbatim trial quotes were provided beyond the direct quotes connected to execution-day statements.

Appeals

Direct appeal and state habeas

Federal review

• 12/03/2008 — A Dallas U.S.

Outcome

Execution details

Galloway was executed in Texas by lethal injection on May 13, 2010.

He spoke from the gurney addressing David Logie’s father and widow with the following statements:

“If I can go back and change the past I would,” Galloway said, looking at Logie’s father and widow, who were among people watching through a window. “There's nothing I can do. I'm sorry.”

He then turned his attention toward his family, including father William Galloway, step mother Mary Galloway, friend Adonya Buzinis, and spiritual advisor Kathryn Cox:

“I love you, Adonya,” he said.
“That's it.”

His execution began with lethal injection, and he was pronounced dead at 6:19 p.m. CDT.

Aftermath and related statements

Apology and family responses described

Logie’s widow, Diann, stated:

“If our beloved David had to die, we are glad it was in Texas where justice is their main goal,”
“His death left a void in our lives and hearts that can never be filled. Our lives will never be the same for as long as we live.”

Logie’s father, Jack Logie, dismissed Galloway’s apology and Kevin Varga’s comments, saying:

“I cannot forgive,” he said.

Another quotation attributed to Jack Logie said:

“I cannot forgive them.”

Logie’s mother, Norma Logie, was described as mouthing:

“I can.”

Another statement attributed to Diane Logie said:

“The fate of these individuals was determined by them,”
“They are solely responsible for the reason we are all gathered here.”

Diann Logie was also quoted:

“(Galloway and Varga experienced) a much more humane death than they inflicted on their victims,” she said.
“They (were) able to say good-bye to their families and express their love, which is more than what was granted for us.”

Co-defendant execution context

Kevin Scott Varga was also described as having been executed by lethal injection on May 12, 2010, with Galloway executed the next day. Galloway was described as meeting Varga in prison in South Dakota. Anderson’s reduced seven-year prison term was described as being in exchange for testimony. Bayless was described as serving 40 years for murder and not eligible for parole until 2018.