Bruce Kilgore

Case record: Bruce Kilgore

Background

Bruce Kilgore was executed on June 16, 1999.

Bruce Kilgore was convicted of first-degree murder and sentenced to death. The Missouri Supreme Court affirmed his conviction and sentence and approved his sentence after a proportionality review.

The offence

On August 25, 1986, Willie Luckett, an employee at the Cristos restaurant in St. Louis, was fired after co-worker Marilyn Wilkins had advised management that he was stealing food.

On August 27, 1986, Luckett, his girlfriend Renee Dickerson and Bruce Kilgore developed a scheme to rob Ms. Wilkins. That evening Kilgore and Luckett drove to the restaurant in a borrowed car and waited for Ms. Wilkins to leave. Between 10:00 p.m. and 10:30 p.m. Ms. Wilkins left the restaurant. Before Ms. Wilkins could get to her automobile, Kilgore and Luckett pulled beside her and Luckett forced her into their car. Kilgore drove the car to Kinloch, Missouri, a town in north St. Louis County.

During the drive Luckett held Ms. Wilkins' face down in the back seat of the car and ordered her to remove her rings. Luckett removed a stocking mask he was wearing when Ms. Wilkins recognized his voice. Luckett told Ms. Wilkins she would be killed because she recognized him.

On August 28, 1986, Kilgore, Luckett and Luckett's cousin, Lessie Vance, drove to a pawn shop where they sold two of five rings taken from Ms. Wilkins on the night of the murder. Kilgore and Luckett split the money received for the rings.

Later that evening, Luckett and Kilgore decided to move Ms. Wilkins' body because they felt it was too close to Luckett's residence in Kinloch. The body was later found on August 29, 1986 in Forest Park in St. Louis.

Ms. Wilkins died as a result of a laceration to the throat, five and one-half inches wide by three and one-half inches deep. The wound was triangular in shape and severed the jugular veins on both sides of her neck and caused severe damage to the trachea. Ms. Wilkins also suffered several other stab wounds to the neck and back, and lacerations to her right hand which appeared to occur while she was defending herself.

The facts surrounding her kidnapping and murder were described as follows: Bruce Kilgore and Willie Luckett together kidnapped Marilyn Wilkins as she left her job working at a restaurant where Luckett formerly worked. Luckett's belief that Wilkins was responsible for his firing led to the plan to kidnap her. Because she recognized Luckett, Luckett told her she would have to be killed. She was then stabbed several times, and died after her throat was cut.

Investigation

Renee Dickerson testified that Kilgore told her that he had slit Ms. Wilkins' throat.

Lessie Vance accompanied the two men on the day following the murder on trips to pawn shops, where they sold Wilkins's jewelry.

Kilgore was eventually arrested and made statements to the police about the murder and where evidence could be found.

Arrest

On September 3, 1986, Kilgore and Luckett were arrested for the murder of Marilyn Wilkins.

Trial

Trial began in St. Louis City Circuit Court on August 17, 1987.

On August 23, 1987, Kilgore was convicted of Murder First Degree, Robbery First Degree and Kidnapping.

The jury recommended the death penalty for the murder conviction on August 25, 1987.

During the penalty phase, Renee Dickerson testified that Kilgore admitted to her that he killed Wilkins.

During the trial, Kilgore had challenged whether the jury was required to find deliberation, and he later pursued ineffective-assistance arguments related to that claim.

Sentencing

On October 23, 1987, the court sentenced Kilgore to death. The jury also sentenced Kilgore to two consecutive life sentences for first-degree robbery and kidnapping.

The jury found four statutory aggravating circumstances, plus two others based on prior convictions, when it sentenced Kilgore.

One statutory aggravating circumstance found by the jury was that the killing involved torture or depravity of mind and as a result thereof was outrageously or wantonly vile, horrible, or inhuman.

Another statutory aggravating circumstance found by the jury was that the killing was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest.

The jury also found that the killing was committed for the purpose of receiving money or some other thing of monetary value, and that the crime was committed during the perpetration of a robbery and kidnapping.

Appeals

On October 27, 1987, Kilgore filed an appeal with the Missouri State Supreme Court.

On September 13, 1988, Kilgore filed a motion with the Missouri State Supreme Court for post conviction relief.

On May 17, 1989, the Missouri State Supreme Court affirmed the conviction and sentence.

On July 14, 1989, the Circuit Court denied Kilgore's motion for post conviction relief.

On October 2, 1989, the United States Supreme Court denied discretionary review of Kilgore's state court appeal.

On October 6, 1989, Kilgore filed a petition for writ of habeas corpus in the United States District Court for the Eastern District of Missouri.

On June 19, 1990, the Missouri State Supreme Court affirmed the denial of post conviction relief.

On July 21, 1995, the United States District Court for Eastern Missouri denied Kilgore's habeas corpus petition.

On September 8, 1997, the United States Court of Appeals for the Eighth Circuit affirmed the district court's decision denying federal habeas corpus relief.

On December 31, 1997, Kilgore filed a second post conviction relief petition in the St. Louis City Circuit Court.

On March 9, 1998, the United States Supreme Court declined to review Kilgore's habeas case.

On April 3, 1998, the St. Louis City Circuit Court dismissed the second post conviction relief petition.

On December 22, 1998, the Missouri State Supreme Court affirmed the denial of the second post conviction motion.

On April 26, 1999, the United States Supreme Court declined to review the Missouri Supreme Court's decision.

Outcome

Kilgore was convicted of first-degree murder for the death of Marilyn Wilkins and was sentenced to death and two consecutive life sentences for first-degree robbery and kidnapping.

The judgment was affirmed in federal court, and Kilgore's federal habeas corpus petition was denied.

Aftermath

On May 13, 1999, the Missouri Supreme Court issued an order and warrant setting Kilgore's execution for June 16, 1999.

Bruce Kilgore took part in the abduction and murder of a north St. Louis restaurant worker in 1986.

Marilyn Wilkins was 54 years old. She was abducted on August 27, 1986, from the parking lot of Cristo's Restaurant on Riverview Drive. Two days later, her body was found near the St. Louis Art Museum in Forest Park. Prosecutors alleged that Kilgore held Wilkins while another man, Willie Luckett, stabbed her. Luckett was angry with Wilkins because she caused him to be fired from Cristo's.

Luckett was sentenced to life in prison without parole.

Kilgore claimed in his clemency application that his accomplice, Willie Luckett, killed Marilyn Wilkins in 1986, and that he sat in the car while Luckett pulled Wilkins into the alley in suburban St. Louis and slashed her throat. Missouri Attorney General Jay Nixon said he was convinced that Kilgore was the stabber, stating: "That's what the testimony was in the case,'' Nixon said. "The jury had the opportunity to look at the evidence and they made a very reasoned decision here.'' Nixon said there are many reasons why Luckett got life in prison and Kilgore got the death sentence, stating: "Luckett testified, Kilgore didn't,'' Nixon said. "Luckett had no prior convictions, Kilgore did. Luckett spoke on his own behalf in the penalty phase, saying he was impaired by drugs and alcohol. Kilgore didn't. This was a brutal murder in which the jury saw the evidence and made the hard call."

Prosecution and defense issues raised on appeal (federal habeas)

Kilgore raised allegations of prosecutorial misconduct centered on Renee Dickerson and Lessie Vance, including claims that the prosecution failed to depose Dickerson before trial after stating she would not be called as a witness and that it endorsed her as a witness shortly before she testified in the penalty phase. He also argued that the prosecution failed to disclose that Dickerson's testimony was part of a plea bargain, and that the prosecution changed its theory at the penalty phase after Dickerson testified that Kilgore admitted killing Wilkins.

Kilgore also challenged jury instructions, including an asserted instructional error regarding deliberation, and he argued that the mitigating and aggravating circumstances instructions violated constitutional requirements.

Kilgore asserted claims related to voir dire and alleged a Batson v. Kentucky violation, alleging that potential African-American jurors were struck from the venire. The Missouri Supreme Court and the District Court held that the prosecution struck African-Americans for race-neutral reasons.

Kilgore also alleged errors including coerced confession evidence admitted at trial, lack of jurisdiction in the City of St. Louis, constitutional challenges to a trial judge report under Mo. Rev. Stat. 565.035, and trial court dismissal of a claim related to the victim's good character.

Kilgore alleged ineffective assistance of counsel, including allegations involving hearsay, failure to request a continuance when Dickerson was endorsed, failure to investigate coerced statements, failure to request individual voir dire, and a failure to request a lesser-included-offense instruction.

He also asserted that the proportionality review of his death sentence violated due process.

Timeline

• 1979-06-29 — Kilgore was sentenced to three concurrent seven year sentences from St. Louis City for three counts of Robbery Second Degree.
• 1986-08-25 — Willie Luckett was fired from the Cristos restaurant in St. Louis after Marilyn Wilkins advised management that he was stealing food.
• 1986-08-27 — Luckett, Renee Dickerson and Kilgore developed a scheme to rob Ms. Wilkins; Kilgore and Luckett kidnapped Marilyn Wilkins after she left the restaurant, drove to Kinloch, Missouri, and Luckett ordered her to remove her rings and told her she would be killed because she recognized him.
• 1986-08-28 — Kilgore, Luckett and Lessie Vance sold two of five rings taken from Ms. Wilkins at a pawn shop; Kilgore and Luckett split the money; later that evening they decided to move Ms. Wilkins' body.
• 1986-08-29 — Ms. Wilkins' body was found in Forest Park in St. Louis.
• 1986-09-03 — Kilgore and Luckett were arrested for the murder of Marilyn Wilkins.
• 1987-08-17 — Trial began in St. Louis City Circuit Court.
• 1987-08-23 — Kilgore was convicted of Murder First Degree, Robbery First Degree and Kidnapping.
• 1987-08-25 — The jury recommended the death penalty for the murder conviction.
• 1987-10-23 — The court sentenced Kilgore to death.
• 1987-10-27 — Kilgore filed an appeal with the Missouri State Supreme Court.
• 1988-09-13 — Kilgore filed a motion with the Missouri State Supreme Court for post conviction relief.
• 1989-05-17 — The Missouri State Supreme Court affirmed the conviction and sentence.
• 1989-07-14 — The Circuit Court denied Kilgore's motion for post conviction relief.
• 1989-10-02 — The United States Supreme Court denied discretionary review of Kilgore's state court appeal.
• 1989-10-06 — Kilgore filed a petition for writ of habeas corpus in the United States District Court for the Eastern District of Missouri.
• 1990-06-19 — The Missouri State Supreme Court affirmed the denial of post conviction relief.
• 1995-07-21 — The United States District Court for Eastern Missouri denied Kilgore's habeas corpus petition.
• 1997-09-08 — The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision denying federal habeas corpus relief.
• 1997-12-31 — Kilgore filed a second post conviction relief petition in the St. Louis City Circuit Court.
• 1998-03-09 — The United States Supreme Court declined to review Kilgore's habeas case.
• 1998-04-03 — The St.
• 1998-12-22 — The Missouri State Supreme Court affirmed the denial of the second post conviction motion.
• 1999-04-26 — The United States Supreme Court declined to review the Missouri Supreme Court's decision.
• 1999-05-13 — The Missouri State Supreme Court issued an order and warrant setting Kilgore's execution for June 16, 1999.
• 1999-06-16 — Bruce Kilgore was executed by lethal injection in Missouri.