Donald Gilson

Case details

Name: Donald Gilson (Donald Lee Gilson) Victim: Shane Coffman (8-year-old)

Timeline

• August 17, 1995 — Investigators believed Shane Coffman died sometime around this date; the children described Shane being beaten and placed in a bathtub as punishment.
• February 9, 1996 — Shane Coffman’s skeletal remains were found in an abandoned freezer behind a mobile home formerly rented by his mother, Bertha Jean Coffman.
• February 11, 1996 — Authorities from the Cleveland County Sheriff’s Office met with Gilson at his mobile home; the children were removed and taken to Children’s Hospital in Oklahoma City; Gilson and Bertha Jean Coffman were detained.
• August 17, 1995 — In police statements, Gilson described putting Shane in the bathtub as punishment and later placing Shane’s body in a freezer.
• August 20, 1997 — Approximately 8 months prior to Gilson’s trial, Bertha Jean Coffman entered Alford pleas to all counts.
• April 3, 1998 — Trial information included testimony and opening statements at Gilson’s trial.
• April 8, 1998 — Shane’s siblings testified about abuse after they were told they were bound, beaten, and kicked.
• April 9, 1998 — Additional testimony at trial, including Tranny and Isaac Coffman’s testimony.
• April 16, 1998 — A jury found Gilson guilty of first-degree murder in the beating death of Shane Coffman and found Gilson guilty of abusing two of Shane’s siblings; the jury found Gilson innocent on the other three child abuse charges.
• May 21, 1998 — Gilson was formally sentenced to death.
• May 28, 1998 — Coffman’s sentencing hearing postponed until the outcome of Gilson’s trial included Coffman’s background statements.
• May 29, 1998 — Shane Coffman’s mother, Bertha Jean Coffman, was sentenced to life without parole.
• April 14, 2009 — The Oklahoma Pardon and Parole Board voted to recommend commutation of Gilson’s death sentence.
• May 14, 2009 — Gilson was executed by lethal injection in Oklahoma.

Background

Shane Coffman was an 8-year-old child whose body was found in an abandoned freezer outside the mobile home of his mother, Bertha Jean Coffman, and her boyfriend, Donald L. Gilson. At the time of discovery, four other children, aged 12, 11, 10, and 7, lived with Coffman and Gilson in the trailer and showed various signs of abuse.

The offence

Shane Coffman’s autopsy and medical examiner testimony identified injuries including two fractures to the boy’s skull, a missing tooth from his right jaw, and fractures to his collarbone, shoulder blades, ribs, legs, and spine. The children described Shane being beaten with a board and then placed in a bathtub as punishment for going to the bathroom on the living room rug. They said they heard Shane screaming while in the bathroom with Gilson and Bertha Jean Coffman, who later told the children that Shane had run away.

Investigators believed Shane died sometime around August 17, 1995.

At trial, testimony described house rules and discipline methods including standing at a wall for hours, beatings with bamboo stick, belt, boards, wooden rulers, metal ruler, and bullwhip, and being made to sit in the bathtub often for hours at a time. Food was withheld, particularly from Isaac and Tia, as punishment.

Investigation

Shane’s body was found in a freezer behind a Newalla trailer home. The freezer was described as filled with dirt and unplugged. Investigators estimated Shane’s body had been in the freezer for approximately six months after his death.

A medical examiner, Dr. Balding, testified that the medical evidence could not determine the cause of death due to decomposition, but injuries included fractures to bones. The injuries included a fracture to the right jawbone determined to be “acute” and probably less than a week old at the time of death, and another fracture on the left side of the skull. Dr. Balding testified the two fractures resulted from two different blunt force blows. Dr. Balding also testified that a tooth was missing from the right jaw and that fractures were found in the collarbone, shoulder blades, numerous ribs, both legs, and several vertebrae in the spine, and that the fractures were acute and not due to normal childhood play.

Investigators stated that the children showed malnourishment and physical abuse; two children were emaciated and had trouble walking. Tia had gangrenous tissue on her right foot and a large open ulcer on her right buttocks. Isaac was in the worst condition, malnourished and needing assistance to walk, with injuries and scars in various stages of healing.

Cliff Winkler, a former Cleveland County Sheriff’s Office investigator who worked the case, stated he remained confident Gilson was responsible for Shane’s death and cited statements from other children that Gilson was the main abuser.

Luminol testing indicated blood spatters on the walls at one time inside the residence.

Arrest

On February 11, 1996, authorities met with Gilson at his mobile home. Living in the mobile home with Gilson were Bertha Jean Coffman and her children: 12-year-old Isaac, 10-year-old Tia, 11-year-old Tranny, and 7-year-old Crystal. The children were removed and taken to Children’s Hospital in Oklahoma City, and Gilson and Bertha Jean Coffman were detained by deputies.

In their initial interviews with police, Gilson and Coffman denied any knowledge of the manner in which Shane died, stating Shane had run away from home during the early part of November and that they found him dead in the weeds near Coffman’s trailer. In subsequent interviews, both recanted and admitted knowing more about the circumstances surrounding Shane’s death, including that Gilson had put Shane in the bathtub as punishment and that Shane’s body was later placed in a freezer.

Trial

Charges

Gilson and Bertha Jean Coffman were jointly charged with first degree murder by child abuse in the death of Shane Coffman. They were jointly charged with one count of injury to a minor child for the abuse suffered by each of the remaining children.

They were also jointly charged with conspiracy to unlawfully remove a dead body and unlawful removal of a dead body.

Pleas

On August 20, 1997, Coffman entered Alford pleas to all counts.

Jury verdict

A jury found Gilson guilty of first-degree murder in the beating death of Shane Coffman. The jury also found Gilson guilty of abusing two of Shane’s five siblings and sentenced him to life in prison on each count. Gilson was found innocent on the other three child abuse charges.

The jury also convicted Gilson on a conspiracy count, sentencing him to 10 years and a $5,000 fine, and on a charge of unlawful removal of a body, for which he received a five-year sentence and another $5,000 fine.

Evidence and testimony

Tranny testified he last saw Shane sitting in the bathtub after Shane had gotten in trouble for going to the bathroom on the living room carpet. Tranny testified that before Shane was put in the bathtub, Gilson beat him with a board and that Shane received several beatings with the board. Tranny testified that Gilson and Coffman took Shane outside the trailer, after which Shane was brought back inside while Tranny could hear Shane screaming. Tranny said Shane’s arms were swollen, he was breathing “weird,” and he had a soft spot on his head. Tranny testified that Gilson then carried Shane to the bathroom and placed him in the bathtub, and that after hearing more screams and banging noises, the children heard Gilson and Coffman tell them Shane had run away.

Isaac testified that Gilson sent Shane to stand at the wall for wetting the bed, then hit him with a board. Isaac testified that Gilson and Coffman later took Shane to the bathroom and put him in the bathtub, and that Gilson made the other children go to the bathroom and tell Shane what a bad boy he was. Isaac testified they could hear Shane crying and that later Gilson and Coffman told them Shane had run away.

In a statement made to police shortly after his arrest, Gilson stated that on August 17, 1995, he put Shane in the bathtub as punishment. Gilson stated he was trying to teach Shane a lesson, spanked him, and put him in the bathtub where he was to remain until he stopped the disruptive behavior. Gilson said the water in the bathtub was initially warm and then changed to a cold bath. Gilson stated that later Coffman came into the living room in tears and told him to come to the bathroom, where Coffman had taken Shane out of the bathtub and laid him on the floor. Gilson said Shane’s lips were blue and he was not breathing. Gilson stated he performed CPR for approximately an hour to an hour and half. Gilson said that after he could not revive Shane, he wrapped Shane up and placed him back in the bathtub. Gilson stated that he and Coffman discussed what to do next, including that Coffman was worried DHS would take her kids away if the authorities found out Shane had died. Gilson stated they carried Shane outside and placed him in the back of a truck, discussed “just dumping him somewhere” or “bury[ing] him out in the middle of the boonies,” and then decided instead to put Shane in the freezer next to Coffman’s trailer and “concrett[ing] it over” and “making a flower bed out of it.” Gilson stated that Gilson and Coffman told the other children Shane had run away.

Bertha Jean Coffman testified about disciplining her children by making them stand at the time-out wall and spanking them only on their bottoms with a cloth belt or wooden paddle. She testified that Gilson disciplined her children by spanking them with a wooden paddle at various places on their bodies, and that Gilson had a quick temper and did not want the children tearing up his trailer.

Coffman’s police statement on August 17, 1995 described her finding Shane sexually assaulting his younger brother and described discipline using the time-out wall and paddling. Coffman stated that when Shane refused to stand at the wall, she spanked him again, screamed at him, and that Shane fainted. Coffman stated she put a piece of ice on his chest, then took him to the bathroom and placed him in a tub of cool water. Coffman stated Shane slipped and hit his head on the faucet, and that during struggles the shower doors were knocked off their railing. Coffman stated she called for Gilson to fix the doors and that she later found Shane quiet but not breathing, after which she and Gilson pulled Shane from the bathtub and gave him CPR. Coffman stated that they waited until the other children were asleep before taking the body to the freezer.

The medical examiner, Dr. Balding, testified about Shane’s remains and injuries, including fractures to the jaw, cheekbone, top incisor, collar bone, ribs, vertebrae, and ankle socket, stating the fractures were acute.

Sentencing

During the second-stage proceedings, the jury found the existence of both aggravating factors alleged by the State and recommended a death sentence. Gilson was formally sentenced at a later hearing.

Gilson was sentenced to death. The record also described that he received life terms on two counts of child abuse for injuries to Shane’s sister Tia and brother Isaac, and that he was acquitted on three other abuse charges. The sentencing also included an additional 10 years for conspiring to and unlawfully removing Shane’s body and burying it in the freezer, and a further five-year sentence for unlawful removal of a dead body, along with $5,000 fines referenced for non-capital counts.

In the sentencing hearing, the trial judge stated the case stricken at the heart of the community and referred to unspeakable abuse and neglect of children. The judge sentenced Gilson to death and also imposed sentences and fines on the other counts.

Appeals

Direct appeal and related rulings

Gilson v. State, 8 P.3d 883 (Okla.Crim. App. 2000) was referenced as his direct appeal.

The record described that when Gilson’s case reached the Oklahoma Court of Criminal Appeals, the conviction and death sentence were affirmed.

A later federal habeas appeal was referenced as Gilson v. Sirmons, 520 F.3d 1196 (10th Cir. 2008) (Habeas), which affirmed denial of habeas relief.

A Supreme Court petition was referenced as denied, after which Gilson had further proceedings including denial of rehearing by the OCCA.

Clemency

In April 2009, the Oklahoma Pardon and Parole Board met and recommended clemency by a 3-2 vote. Governor Brad Henry granted a short execution stay to review the recommendation and other information. Henry then decided to deny clemency. The board later voted three to two on April 14, 2009 that Governor Henry should commute Gilson’s death sentence.

Outcome

Donald Gilson was executed by lethal injection in Oklahoma on May 14, 2009.

Aftermath

Gilson’s final meal included a cheeseburger, chili-cheese French fries, and a chocolate shake from Chili’s restaurant.

Gilson’s final statement included: "I'm an innocent man, but I get to go to heaven, and I'll see Shane tonight. It's God's will that this take place."