Thomas Wayne Mason

Case name

Thomas Wayne Mason

Status

Thomas Wayne Mason was executed by lethal injection in Texas on June 12, 2000.

Timeline

• June 12, 2000 — Thomas Wayne Mason was executed by lethal injection in Texas.
• Feb. 2, 2000 — The United States Court of Appeals for the Fifth Circuit denied Mason's motion for rehearing.
• Dec. 3, 1999 — The United States Court of Appeals for the Fifth Circuit denied Mason permission to appeal.
• Feb. 16, 1999 — The United States District Court for the Eastern District of Texas, Texarkana Division denied relief, and later denied Mason permission to appeal.
• April 1998 — Mason filed a federal petition for writ of habeas corpus in the United States District Court for the Eastern District of Texas, Texarkana Division.
• July 24, 1997 — Mason filed an application for a state writ of habeas corpus with the convicting court.
• Feb. 21, 1998 — The Court of Criminal Appeals adopted the trial court's findings and denied relief.
• Nov. 13, 1995 — The United States Supreme Court denied Mason's petition for writ of certiorari.
• June 14, 1995 — The Texas Court of Criminal Appeals affirmed Mason's conviction and sentence.
• June 26, 1992 — The jury found Mason guilty; following a separate punishment hearing the jury sentenced Mason to death.
• Oct. 2, 1991 — Mason traveled from his home in Tennessee, bought a twelve-gauge shotgun and ammunition at an East Texas pawn shop, went to the Whitehouse, Texas residence of Marsha Brock and Sybil Mares Dennis, and shot both women.
• Aug. 14, 1991 — A “Check-in-Passing” (CIP) order was issued on the Robinwood Street residence after Brock reported that Mason threatened to burn down the house.
• Sept. 16, 1991 — Mason held Melinda Mason at an athletic club in an armed hostage situation; police officers and a SWAT team were involved in a standoff.
• Oct. 3, 1991 — Mason returned to Tennessee, called his daughter Tabitha, and later spoke to a cousin, Buck Mason, and to Steve Bartlett.
• 1973 — Billie Jones took the couple's daughter, Tabitha, and moved in with her parents; Mason later pulled a gun and took Tabitha.
• Ages referenced — Marsha Brock was 55; Sybil Mares Dennis was 80; Mason was 47 at sentencing Thursday and 48 at execution.

Background

Thomas Wayne Mason had an estranged wife, Melinda Mason, and Marsha Brock and Sybil Mares Dennis were the mother and grandmother, respectively, of Melinda's family.

At his execution, Mason was presented as a death-row inmate and he had previously been sentenced to death for the murders of Brock and Dennis.

The offence

Mason was convicted of murdering more than one individual during the same criminal transaction. Evidence at trial showed that on Oct. 2, 1991, Mason traveled from his home in Tennessee, stopped at an East Texas pawn shop, and bought a twelve-gauge shotgun and three boxes of buckshot ammunition. On the federal firearms form he listed “113 Robinwood Street, Whitehouse, Texas” as his address, which was the residence where Marsha Brock and Sybil Mares Dennis resided.

Mason entered the house shortly after Brock returned from work and shot Brock once in the head at close range. Evidence showed Brock's skull was blown apart and skull fragments and brain matter were recovered from several parts of the house. Mason then shot Dennis. Dennis was attempting to call for help when Mason began shooting her; his first shot into Dennis blew through her right forearm and entered her chest, knocking her to the ground, and he then closed in on her and fired another round into her side.

A dispatcher with the Whitehouse Police Department testified that at 4:22 p.m. she received a 911 hang-up and called the number back, hearing an elderly woman scream, “Help me. Help me. Help me.” She stated that she then heard a loud bang or crash and a man say, “Hang up the phone!” She then heard the phone being dropped and a woman moaning and whimpering, and the line went dead.

Police discovered the bodies of Brock and Dennis after officer Jim Gill was dispatched. Gill testified that a “Check-in-Passing” (CIP) had been issued on the residence instructing officers on patrol to routinely drive by and check the house; the CIP had been issued on Aug. 14, 1991, after Brock reported that Mason had threatened to burn the house down.

The convictions were based on evidence including ballistics and blood evidence. Ballistics tests run on spent shotgun casings found near the victims (two near Dennis' body and one near Brock's body) showed that the casings were fired from the shotgun purchased at the East Texas pawn shop on Oct. 2, 1991. Blood scrapings subsequently taken from the shotgun matched the blood types of both Marsha Brock and Sybil Mares Dennis.

Mason shot the victims with the twelve-gauge shotgun he bought on Oct. 2, 1991, and the evidence described that Brock called 911 and screamed “Help me!” three times.

Mason called relatives shortly after the murders and admitted that he had committed the murders.

Mason made a statement after his arrest: “I don't know what the big deal is, over just getting rid of a mother-in-law.”

Later, while in jail, Mason said, “I'm glad they're gone.”

In a conversation with his daughter Tabitha on Oct. 3, 1991, Mason admitted killing Brock and Dennis and explained that he had used a twelve-gauge shotgun to murder her step-grandmother and step-great-grandmother. He also told Tabitha that he wanted to kill Gary Brock, Susan Brock, and Mares Dennis, relatives of Melinda's with whom she had lived for a short time after her separation from Mason.

In a prior conversation described by Tabitha, five days prior to the murders Mason told her, “No, I really don't want to kill her. I just want to cripple her, because I want her to remember me for the rest of her life--the rest of my life.”

Investigation

Evidence presented at trial included testimony and physical evidence.

Rebecca Foshee, who was working at “Chicken and Burgers” on the day of the shootings, testified that she saw Mason leave hurriedly, drive over a grassy area, run a stop sign, and drive down Robinwood Street.

Officer David Johnson testified about a scene involving 20 police units, a SWAT team, and media personnel during the earlier hostage incident. Johnson also testified that evidence seized from Mason included a Colt .380 semi-automatic handgun, 55 rounds of ammunition, three loaded clips, and other loose ammunition.

Mason’s estranged wife, Melinda Mason, testified that Mason held a gun to her face and told her he was going to kill her and himself, but wanted to make love to her first. Over about five-and-a-half hours, Mason forced her into sex acts and repeatedly told her he would kill her. Melinda Mason eventually convinced him to let her go by promising to reconcile with him.

Eleanor Leggett, an instructor at the Mansfield Business School where Melinda Mason attended classes, testified that on Sept. 16 she observed police officers and a SWAT team in the parking lot in front of the Lake June Athletic Club, next to the business school, from about 8:00 a.m. to about 2:00 p.m. She stated that she saw police officers escort Thomas Wayne Mason out of the building and that she saw Melinda crying, very upset, and incoherent.

Kathy Gravely, a student at the Mansfield Business School, testified that she was sitting with Melinda Mason on the steps “to the spa, which is right next door to the school.” She testified that she heard Melinda scream, turned, and saw Thomas Wayne Mason beside them with a gun. Gravely testified that after Mason confronted Melinda with a gun, Melinda fled into the spa with Mason in pursuit.

Todd Stewart, a police officer dispatched to the athletic club, testified that Mason held Melinda in a room in the athletic club and would not release her. Stewart testified that reports were that Mason was armed and that when he spoke with Mason at the door Mason said, “everybody had to leave or someone was going to get hurt.” Stewart testified that he heard female screams from inside the room where Mason held Melinda.

At trial, the prosecution presented evidence that police placed Brock's home under surveillance after she reported Mason threatened to burn it down.

Arrest

After the murders, Mason returned to Tennessee on Oct. 3, 1991. According to testimony, Mason called his nephew, Eddie Mason, and admitted killing Melinda's mother and grandmother, and he later called his daughter Tabitha and admitted killing Brock and Dennis. Mason also called Buck Mason and explained he wanted to turn himself in to police for the murders.

Steve Bartlett, a Memphis, Tennessee police officer, testified that Buck Mason instructed him to come immediately and come alone and that Bartlett was directed to meet Mason in the pasture behind Buck’s house. Bartlett testified that as he approached Buck’s property it was very dark, so he drove toward the pasture with his brights on, made a U-turn, and saw Buck emerge from the pasture. Bartlett testified that he was nervous about meeting Buck and walking through the darkness toward the house.

As Buck and Bartlett approached the front door of the house, Thomas Wayne Mason came outside with Eric Mason. Bartlett testified that Mason had admitted the murders to Eric Mason, Buck's oldest son, and Bartlett took Thomas Wayne Mason back to Memphis. During paperwork being completed on his arrest, Mason commented, “I don't know what the big deal is, over just getting rid of a mother-in-law” and laughed.

The shotgun was retrieved from the pasture along with a bag of clothing belonging to Mason.

Trial

Mason was charged by indictment in Smith County, Texas with the capital murder of murdering more than one individual during the same criminal transaction. Mason was tried before a jury upon a plea of not guilty.

The jury found him guilty on June 26, 1992. Following a separate punishment hearing, the jury sentenced Mason to death.

The jury verdict and death sentence were affirmed by the Texas Court of Criminal Appeals on June 14, 1995.

Sentencing

After a separate punishment hearing, the jury sentenced Mason to death.

At sentencing Thursday, Mason refused to stand for the judge and shouted an objection during the hearing. Joseph Bailey, Mason’s appeals attorney, said District Judge Cynthia Kent denied a request for a psychologist to examine Mason, and she believed Mason was competent. The judge had Mason examined several times.

Appeals

Mason appealed his conviction and sentence to the Texas Court of Criminal Appeals of Texas, which affirmed on June 14, 1995.

The United States Supreme Court denied Mason's petition for writ of certiorari on Nov.13, 1995.

Mason filed an application for a state writ of habeas corpus with the convicting court on July 24, 1997. After an evidentiary hearing, the convicting court recommended that relief be denied. On Feb. 21, 1998, the Court of Criminal Appeals adopted the trial court's findings and denied relief.

In April 1998, Mason filed a federal petition for writ of habeas corpus in the United States District Court for the Eastern District of Texas, Texarkana Division. The district court denied relief on Feb. 16, 1999, and later denied Mason permission to appeal.

The United States Court of Appeals for the Fifth Circuit denied Mason permission to appeal on Dec. 3, 1999, and denied Mason's motion for rehearing on Feb. 2, 2000.

Mason then filed a petition for writ of certiorari to the United States Supreme Court, but it was rejected by the court clerk because it was missing an attachment. Mason's attorney was directed to re-file the petition with the attachment but had not done so yet.

At the U.S. Supreme Court, final appeal was turned down Monday afternoon in connection with the execution.

Outcome

Mason was executed by lethal injection in Texas on June 12, 2000, in Huntsville, Texas. He was pronounced dead at 6:24 p.m. CDT and slipped into unconsciousness as lethal drugs took effect.

Aftermath

Witnesses at the execution included Mason’s estranged wife, Melinda Mason, and Jack Skeen, among those who watched through a window.

Mason met with friends and relatives earlier Monday but made no last meal request.

District attorney Jack Skeen later characterized Mason as a “cold-blooded, vicious, premeditated killer” who bought a shotgun at a pawn shop, sat at “a little restaurant,” and waited for his ex-wife's mother to drive by, then followed her home.

Mason in a recent death row interview denied any role in the slayings and denied telling anyone about his involvement, saying, “It didn't happen. I never shot at nobody,” and “The government is conspiring to murder me.”

Mason’s estranged wife Melinda Mason said, “He's getting off so easy,” and “He shot 2 people in cold blood.” She said the killings were in revenge for their breakup.

Other details

Victims

• Marsha Brock — mother of Mason's estranged wife Melinda Mason; age 55; shot once in the head at close range; Brock's skull was blown apart; skull fragments and brain matter were recovered from several parts of the house.
• Sybil Mares Dennis — grandmother of Mason's estranged wife Melinda Mason; age 80; shot after attempting to call for help; first shot blew through her right forearm and entered her chest, and Mason later fired another round into her side.

Hostage and sexual violence evidence used at punishment

Melinda Mason testified that Mason held her hostage with a gun, told her he would kill her then himself, and forced her into sex acts with him. Over five-and-a-half hours, he repeatedly told her he would kill her; she convinced him to let her go by promising to reconcile.

Prior relationship and prior firearm episode described by witnesses

Billie Jones, Mason’s first wife, testified that Mason beat her throughout their marriage, including when she was pregnant, and prevented her from seeing her family.

Jones testified that in 1973 she took Tabitha and moved in with her parents. Mason attempted to reconcile; when she refused, Mason pulled a gun and took Tabitha. Jones testified that Mason returned with Tabitha about two weeks later, and later Mason left and returned without Tabitha after Jones would not go out to see him. Jones testified that Mason kicked in the back door to the home and pulled a phone out of the wall. Jones testified that Mason opened fire in the house but was shot by Jones' uncle. Jones testified that she saw Mason and Tabitha a few months later and refused to return to the marriage, and she did not see her daughter again for 14 years.

Statement about a “gun to give to police” and altered records

In his last statement at execution, Mason said:

“I understand that Michael Skains is supposed to be here somewhere. They did everything but make sure I got a fair trial to prove I was innocent. I wasn't the one who had the gun to give to police and all these altered records from the District Attorney's office and the Attorney General's office, that's why Michael Sputnick got fired and ran off when I filed these appeals. Not one of my sell out lawyers would use this evidence, because they all work as a conspiracy with the court. No doubt about it. Jack King did everything he could to keep me from making arms and showing this evidence. They wait till the hearing was over and then make the arguments in the court or on paper where nobody can rebut it or contradict the testimony or arguments. There's more than 30 altered and falsified records saying I told so and so this or that, but you go look in their record, it does not say Thomas Mason called them at all and told them anything. But that's okay. All this evidence is being saved, so Jack King can laugh all he wants like he's the big hero, after this is over with, that's fine. But the person that had the gun, they know was not Thomas Mason, so who's getting the last laugh after all? The guy that got away. But Jack King knows he illegally convicted me of all these falsified altered records. My sister's got the document that my lawyer filed, but he didn't file with the court. It's got the signature on it. He put this all in one record. So it's going to be saved. It ain't going to be destroyed just because I'm dead. Everybody's got to go sooner or later and sooner or later everyone of ya'll will be along behind me. That's all I got to say.”

Statements attributed to others

Jack Skeen, the district attorney who prosecuted Mason, said:

“I think of a cold-blooded, vicious, premeditated killer who got mad at his ex-wife, came to Tyler and bought a shotgun at a pawn shop, went down to Whitehouse south of Tyler to a little restaurant, sat there and had lunch and waited for his ex-wife's mother to drive by, then followed her home,”

Jack Skeen also said:

“They did everything but make sure I got a fair trial to prove I was innocent.”

Jack Skeen said:

“It's been the longest 81/2 years, I'm so glad he's had justice served to him,”

Jack Skeen described the 911 call and the scene as follows:

“According to court documents, Dennis called 911 to report the impending carnage, screaming ‘Help me!’ three times. The dispatcher at the Whitehouse Police Department then heard a bang or crash, and a man's voice ordering: ‘Hang up the phone.’ The woman moaned and whimpered as the line went dead.”

In the interview about the killings, Jack Skeen said:

“We know from the physical evidence at the scene, he chased (Brock) into the house,”
“By the time he got to the living room, he blew the back of her head out with a shotgun.”
“Then he approached Dennis, on the phone, Skeen said.”
“Mason shot her and almost blew her arm off,” Skeen said.
“She fell on the floor and he walked up and executed her with a shotgun blast to her side.”

Mason’s execution-day statements described in reporting

As lethal drugs took effect, Mason blurted out: “This stuff has a bad taste to it.”

Mason also stated in connection with his arrest: “I don't know what the big deal is, over just getting rid of a mother-in-law.”

Mason denied killing the two women and denied having talked about their murders to anyone in a later account, insisting: “It didn't happen. I never shot at nobody.” He also said: “The government is conspiring to murder me.”

Witness names and involvement

• Taresa Awtry — dispatcher with the Whitehouse Police Department; testified about the 4:22 p.m. 911 hang-up call and the sounds and words heard.
• Jim Gill — officer dispatched to the Robinwood residence; testified about the CIP order and routine patrol checks.
• Eleanor Leggett — instructor at Mansfield Business School; testified about observing police officers and a SWAT team at Lake June Athletic Club and seeing Mason escorting.
• Kathy Gravely — student at Mansfield Business School; testified about hearing Melinda scream and seeing Mason with a gun.
• Todd Stewart — police officer dispatched to the athletic club; testified about Mason holding Melinda with a gun and refusing to release her.
• David Johnson — police officer; testified about evidence seized from Mason during the stand-off and about the scene with multiple units and SWAT and media.
• Rebecca Foshee — working at “Chicken and Burgers”; testified about seeing Mason leave and drive toward Robinwood Street.
• Eddie Mason — Mason's nephew; Mason called him and admitted killing Melinda's mother and grandmother.
• Tabitha — Mason’s daughter; Mason called her and admitted killing Brock and Dennis; Tabitha testified about conversations with Mason about harming Brock.
• Buck Mason — cousin of Mason; testified that Mason wanted to turn himself in; instructed Steve Bartlett to come over and meet him in the pasture.
• Steve Bartlett — Memphis, Tennessee police officer; testified about meeting Mason and taking him back to Memphis.
• Eric Mason — Buck's oldest son; Mason came outside with Eric Mason as Bartlett approached.
• Joseph Bailey — Mason’s appeals attorney; said he requested a psychologist and that District Judge Cynthia Kent denied the request.
• Cynthia Kent — district judge; denied request for psychologist and said she believed Mason was competent.
• John Cornyn — Texas Attorney General; provided information in a media advisory about Mason’s scheduled execution.
• Michael Graczyk — quoted in a report title line; not otherwise described with a role.
• Jack King — referred to by Mason in his last statement as having done everything to keep him from making arms and showing evidence.
• Michael Skains — referred to by Mason in his last statement as “supposed to be here somewhere.”
• Michael Sputnick — referred to by Mason in his last statement as having been fired.
• Jack Skeen — district attorney; prosecuted Mason and commented on the execution and case.
• Melinda Mason — Mason’s estranged wife; testified about hostage and sex acts at trial; watched through a window during execution and later made statements about revenge and the execution.
• Billie Jones — Mason’s first wife; testified about their marriage and prior events.

Prosecutorial and execution-location details

The execution took place in Huntsville, Texas.

The Texas Attorney General media advisory stated Mason was convicted of murdering Marsha Brock and Sybil Mares Dennis, the mother and grandmother, respectively, of his estranged wife, Melinda Mason, and that he was convicted and sentenced to death for the two murders in 1992.