Mack Oran Hill

Case record

Mack Oran Hill was executed by lethal injection in Texas on August 8, 2001.

Hill was convicted of capital murder of Donald Johnson during a robbery. The murder took place in Bowie, Texas, involving Hill’s former business partner. Donald Johnson was shot in the head once with a .25-caliber pistol. Johnson’s body was found in a 55-gallon drum, wrapped in plastic, then covered with concrete, and dumped in a lake. The barrel was discovered by a game warden several months later. Hill was later found in possession of Johnson’s car and other property.

Hill had previously been paroled in 1985 after serving 4 years of a 12 year sentence for aggravated robbery with a deadly weapon. The accomplice, Herbert Wayne Elliot, testified at trial and received a 20 year sentence for robbery.

Hill’s wife, Nancy, testified at trial in some detail about the murder of her stepfather in 1978. Nancy testified that she was present when Hill shot her stepfather multiple times, resulting in his death. Nancy testified that Hill wrapped his body in blankets and transported the body to a family farm where he disposed of the body by dropping it into a dry well.

Herbert Elliot testified that Hill had admitted to him that he had murdered his wife’s stepfather. Elliot further testified that Hill made threats on his life and had implied that the lives of Elliot’s family members were also in danger due to Elliot’s cooperation with the police in the instant case. Elliot also testified that Hill used drugs including marijuana, amphetamines and cocaine. Evidence was presented that Hill had been in possession of illegal weapons, including a switchblade knife and brass knuckles, and that Hill regularly carried a gun.

During the murder of Donald Johnson, Hill and Elliot went to the residence and auto shop of Donald Johnson. Hill and Johnson had been partners in several business ventures in Lubbock. Elliot testified that he fell asleep while Hill and Johnson were conversing, then awakened to Hill telling him it was time to leave. Elliot testified that Hill pulled a gun from his coat pocket and shot Johnson in the face, killing him. Elliot testified that Hill dragged Johnson’s body to the bathroom, retrieved a knife and a hammer-like tool from the kitchen, and returned to the bathroom in order to “bleed” the body. Hill placed a bag over the top half of the body, wrapped it in a carpet and blankets, and secured the bundle with neckties. Elliot testified that Hill unwrapped the body to search Johnson’s pants pockets for the keys to Johnson’s truck and then re-wrapped the body. Hill told Elliot that he took $500 from the body. At Hill’s direction, Elliot backed his car to the door and Hill put the body in the trunk. Hill and Elliot left the scene with Elliot driving his car and Hill driving Johnson’s truck, and went to a restaurant where Hill laid out plans to dispose of the body and remove Johnson’s belongings from his residence.

The next day, Hill put Johnson’s body into a 50-gallon barrel, partially filled it with water, added cement, and secured the barrel with a lock. Elliot and Hill loaded the barrel onto Johnson’s truck and drove to Amon Carter Lake near Bowie, Texas. They backed the truck up to the water and rolled the barrel into the lake. Hill returned to Lubbock and hired four other people to assist in the removal of Johnson’s belongings from his residence and shop. After moving the belongings to a storage unit, Elliot and Hill left Lubbock, traveled to New Mexico, and then went to Hill’s brother’s house in Bowie, towing Johnson’s travel trailer. Hill and Elliot lived in the trailer for the next month before returning to Lubbock, where the two separated.

Ronny Anderson testified that in August 1987 Hill stayed for several days in Bowie. Anderson testified that Hill took him to a secluded part of Amon Carter Lake, showed him a barrel with the top out of the water due to the summertime drop in the lake level, and told Anderson that it contained the body of a man who had been shot in the head. Anderson testified that Hill attempted to push the barrel further into the lake and under the water. The barrel was discovered by a fisherman later that month, retrieved from the lake, and opened. The body inside was identified as Johnson’s.

Timeline

• Nov. 5, 1987 — Hill was indicted for the capital murder of Johnson in the course of committing or attempting to commit robbery.
• July 7, 1989 — Hill was convicted of capital murder.
• Aug. 3, 1989 — Hill was sentenced to death.
• May 5, 1993 — The Texas Court of Criminal Appeals affirmed Hill’s conviction and sentence.
• June 13, 1994 — A writ of certiorari was denied by the U.S. Supreme Court.
• Dec. 17, 1997 — Hill filed a state habeas petition.
• Aug. 5, 1998 — The state habeas court (also Hill’s trial court) held an evidentiary hearing.
• Nov. 12, 1998 — The state court recommended that relief be denied.
• Feb. 24, 1999 — The Texas Court of Criminal Appeals denied relief with written order.
• March 30, 1999 — Hill filed a petition seeking federal habeas relief.
• July 1, 1999 — The district court entered a judgment denying relief.
• July 30, 1999 — Hill sought a certificate of appealability from the district court.
• April 24, 2000 — The district court denied certificate of appealability.
• Aug. 28, 2000 — Hill filed a petition for writ of certiorari in the U.S. Supreme Court.
• May 18, 2001 — Hill filed an application for a stay of execution in the U.S. Supreme Court.
• May 21, 2001 — The petition for writ of certiorari was denied.
• May 21, 2001 — The application for a stay of execution was denied by Justice Scalia.
• August 8, 2001 — Hill was executed by lethal injection in Texas.

Arrest

On August 21, 1987, Hill was arrested by the Texas Rangers in Flower Mound, Texas.

Trial

A jury trial resulted in Hill’s conviction of capital murder on July 7, 1989, and his death sentence on Aug. 3, 1989.

Elliot, Hill’s accomplice, testified at trial and received a 20 year sentence for robbery.

Sentencing

Hill was sentenced to death on Aug. 3, 1989.

Appeals

The Texas Court of Criminal Appeals affirmed Hill’s conviction and sentence on May 5, 1993.

Hill’s writ of certiorari was denied on June 13, 1994.

Hill filed a state habeas petition on Dec. 17, 1997. The state habeas court held an evidentiary hearing on Aug. 5, 1998 and recommended denial on Nov. 12, 1998. The Texas Court of Criminal Appeals denied relief with written order on Feb. 24, 1999.

Hill filed a petition seeking federal habeas relief on March 30, 1999. The district court denied relief on July 1, 1999. Hill sought a certificate of appealability from the district court on July 30, 1999, and the district court denied it on April 24, 2000. Hill also filed motions in the U.S. Fifth Circuit Court of Appeals and the Fifth Circuit denied his motion for certificate of appealability and his motion for rehearing on dates described in the procedural history.

Hill filed a petition for writ of certiorari in the U.S. Supreme Court on Aug. 28, 2000. Hill filed an application for a stay of execution in the U.S. Supreme Court on May 18, 2001. On May 21, 2001, the petition was denied and the application for a stay of execution was denied by Justice Scalia.

Other details

Hill had previously been convicted in aggravated robbery with a deadly weapon and served about 3½ years before being paroled in June 1985. At punishment, the State introduced evidence of Hill’s prior sale of hash, involvement in two aggravated robberies, conviction for credit card fraud, and violation of parole.

A game warden found the barrel several months after it was dumped.

At Hill’s execution, he proclaimed his innocence and repeated claims that he was not at the murder scene and that he heard about the crime from Herbert Elliot. He said: “I was across town in bed -- sick,” and “I wasn't even there.” He also mentioned the Lubbock County District Attorney by name. He said: “I'm innocent. Lubbock County officials obviously believe I'm guilty, but I'm not. Travis Ware ... needs to be stopped or he is going to do it time and time again. The power is invested in you as a public official to do your job.” He also expressed love to his family before the lethal dose was administered.

Hill was pronounced dead at 6:22 p.m.

Herbert Wayne Elliot was convicted of robbery and sentenced to twenty years in prison, and was described as being on parole until 2009.