Joseph Lave

Overview

Joseph Lave was convicted in connection with the murder of Justin Marquart during a robbery at Herman's Sporting Goods. He was sentenced to death on October 7, 1994.

The offence

During the robbery, assailants brutally killed two of the store’s employees, Frederick Banzhaf and Justin Marquart. A third employee at Herman's Sporting Goods, Angela, was also attacked but managed to survive, call 911, and identify Langston as one of the perpetrators.

All three victims were beaten with a hammer and their throats were slit.

Investigation

Angela’s identification led the police to seek to apprehend Langston. During the attempted arrest, Langston tried to run over the police officers. The police responded by shooting Langston, who died soon after.

Inside Langston’s shoe, the police found a card with Bates’ name and phone number. Using that information, the police arrested Bates, who identified Lave as the third robber.

The police executed a warrant and searched Lave’s apartment and automobile, where they seized merchandise from the sporting goods store and other evidence. When police searched Lave’s car and apartment, they found some loot from the robbery. Authorities said $2,950 in cash, 21 rifles and shotguns and athletic clothing were taken.

Arrest

Lave surrendered to police 2 days later after he rented a Cadillac and drove to New Orleans, where he was told by a friend that he was a suspect in the Richardson slayings.

Trial

Lave was tried for the murder of Marquart.

At Lave's trial, a police sergeant took the stand and testified that Bates told him that, on the night of the crime, he and Langston went to the sporting goods store and met with Lave. Langston gave Lave a gun and the two of them went to the front and broke in. Bates waited in the back until his accomplices allowed him to enter.

The sergeant testified that Bates told him that while waiting in the hallway he saw Lave in a room with Langston and that Langston was striking one of the victims with a hammer. When Bates saw this, he went outside to the back of the store and waited for his accomplices. Eventually, Lave, with Langston, emerged from the back carrying the knife and drove off with the money.

Lave did not testify.

At the end of the trial, the jury convicted Lave for the murder of Marquart under Texas’ law of the parties and sentenced him to death.

Sentencing

Lave was sentenced to death on October 7, 1994.

Other details

Langston was the person Angela identified as one of the perpetrators. Bates was arrested after police found a card bearing Bates’ name and phone number inside Langston’s shoe.