Jay Wesley Neill

Case record: Jay Wesley Neill

Jay Wesley Neill (April 9, 1965 – December 12, 2002) was executed in Oklahoma by lethal injection for his part in a bank robbery in Geronimo.

The offence

Neill was convicted in Comanche County District Court of the December 14, 1984 murders of bank employees Kay Bruno, 42, Jerri Bowles, 19, and Joyce Mullenix, 25, during a robbery at the First Bank of Chattanooga in Geronimo. Ralph Zeller, 33, was also killed during the robbery. Bruno, Bowles, and Mullenix were employees of the bank, and Zeller was a customer.

During the robbery, three other customers were shot and wounded. The victims included:

• Kay Bruno, 42 (stabbed 34 times; throat cut)
• Jerri Bowles, 19 (stabbed 14 times; throat cut)
• Joyce Mullenix, 25 (stabbed 27 times; nearly decapitated; six months pregnant)
• Ralph Zeller, 33 (shot and killed)
• Bellen Robles, 15 (head wounds; survived)
• Reuben Robles, 20 (head wounds; survived)
• Marie Robles (the fourteen-month-old daughter of Bellen and Reuben Robles; Neill attempted to shoot her, and family testimony was that Neill pointed a gun at the child’s head and fired several times, but the gun was empty)

Neill stabbed three bank employees to death, and he forced customers into the back room. He shot customers in the head, killing Zeller and wounding the other three who entered during the robbery.

The Oklahoma Court of Criminal Appeals stated that the evidence supported three counts of shooting with intent to kill, and also an attempted shooting of the Robles’ fourteen-month-old daughter, Marie. The court also stated that Neill did not contest guilt but focused on the punishment stage, expressing remorse and asking for life in prison without the possibility of parole instead of the death penalty.

Investigation

The trial evidence described how marked bills from the robbery were used afterward to pay for hotel rooms, limousine rides, and shopping excursions. The serial numbers on the money used for hotel and other expenses matched marked bills identified on a “bait list.”

Authorities used the marked bills and the serial numbers to trace Neill and his co-defendant to their location.

The Oklahoma Court of Criminal Appeals stated that Neill left a note back at the apartment for Rhonda Neff saying he and Johnson had gone to Georgia, and that a neighbor received phone calls from Neill asking about events in Lawton.

Arrest

Neill and Robert Johnson were arrested in San Francisco on December 17, 1984.

The Oklahoma Court of Criminal Appeals stated that when Neill was arrested, he had approximately $1,900 in his pants pocket and another $1,800 was found inside his hotel room.

Trial

Charges and verdict

The Oklahoma Court of Criminal Appeals stated that Neill was tried by jury and convicted of:

• Four counts of Murder in the First Degree
• Three counts of Shooting with Intent to Kill
• One count of Attempted Shooting with Intent to Kill

The appellate court stated that the jury found the existence of three aggravating circumstances and recommended the punishment of death for each count of Murder, and twenty years’ imprisonment on each count of shooting with intent to kill and attempted shooting with intent to kill. The trial court sentenced accordingly.

The case summary further stated that the jury convicted Neill of:

• Four counts of first degree malice murder

Trial evidence described at sentencing and punishment stage

The defense testimony and evidence included that Neill expressed remorse for the families and asked for life imprisonment without the possibility of parole. The Oklahoma Court of Criminal Appeals stated that Neill testified in his own behalf and set forth the events comprising the robbery and murders.

The appellate record stated that the evidence showed Neill and Robert Johnson shared a homosexual relationship and that they had financial difficulties. It described preparation steps before the robbery, including purchase of knives, obtaining a gun permit, and purchasing a revolver and ammunition.

The appellate court also stated that:

• The Geronimo Bank was a small facility in a prefabricated building with usually only two tellers and no surveillance cameras or security guards.
• Neill commented on more than one occasion about the absence of security measures and how easy he thought it would be to rob the bank.
• On December 12, 1984, Neill visited a local pawnshop and inquired about purchasing a gun, but he was told he had to be at least 21 years old and Neill was 19.
• On December 13, 1984, Robert Johnson applied for a gun permit.
• On December 13, Neill talked with a travel agent and attempted to purchase flights for Nassau leaving after 6:00 p.m. the next day, then requested flights to San Francisco leaving after 5:00 p.m. on that Friday.
• On December 14, 1984, Neill entered the Geronimo Bank shortly after 1:00 p.m. and killed the three employees in the back room after forcing them to lie face down.

The Oklahoma Court of Criminal Appeals stated that Bellen Robles, 15, entered to deposit a check, saw the back of a man bending in the hallway, went outside, and returned with her husband Reuben Robles and their fourteen-month-old daughter. The court stated that another customer, Marilyn Roach, entered the bank and was forced into the back room. The court stated that Roach was shot twice in the head, Bellen and Reuben were each shot once in the head, and Ruben Robles heard the gun click as the gun was pointed at the baby daughter, but “no shots were fired; the gun was empty.”

Victim-impact testimony

The Oklahoma Court of Criminal Appeals stated that second-stage testimony came from the husband of Kay Bruno, the husband of Joyce Mullenix, and the father of Jerri Bowles, concerning loss of each victim and the impact on family members. The appellate court stated the State provided prior notice and the defense objected at trial.

Sentencing

Aggravating factors and death sentence

The Oklahoma Court of Criminal Appeals stated that, for each murder, the jury found three aggravating circumstances and recommended death for each murder count, and twenty years’ imprisonment for each non-capital conviction.

The aggravating circumstances included:

1. Neill knowingly created a great risk of death to more than one person.
2. The murder was especially heinous, atrocious or cruel.
3. The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.

The case summary further stated that the State charged and the jury found, as to each murder, three aggravating factors:

• Neill had created a great risk of death to more than one person
• He had committed the murders to avoid arrest and prosecution
• The murders were especially heinous, atrocious or cruel

The jury imposed four death sentences and twenty years’ imprisonment for each non-capital conviction.

Appeals

The Oklahoma Court of Criminal Appeals record stated that Neill was initially tried together with Robert Johnson, but their resulting convictions were reversed and remanded due to improper joinder, and the case proceeded to a second trial.

The case summary further stated that:

• The Oklahoma Court of Criminal Appeals reversed the initial convictions, holding the trial court should have severed their trials.
• Neill testified in his 1992 trial and also gave a videotaped interview to “The 700 Club” and wrote letters to an author writing a book about the murders.
• Neill wrote letters and made telephone calls apologizing to several victims and, in these communications, admitted committing the crimes.

The appeals record included discussion of a Batson claim and ineffective counsel arguments, and the federal habeas appeal described the question of prosecutorial remarks involving homosexuality and related claims.

Batson peremptory challenge issues

The Oklahoma Court of Criminal Appeals described Neill’s claim that the State used peremptory challenges to exclude four black venirepersons, invoking Batson and Powers. The appellate court concluded there was no error in the trial court’s determination that the prosecutor did not discriminate on the basis of race.

Prosecutorial remarks about homosexuality (verbatim quote)

The federal record included a verbatim excerpt of the prosecutor’s remarks during the sentencing phase. It stated:

If I could ask each of you to disregard Jay Neill and take him out of the person but consider things in a generic way. I want you to think briefly about the man you’re setting [sic] in judgment on . . . . I’d like to go through some things that to me depict the true person, what kind of person he is. He is a homosexual. The person you’re sitting in judgment on—disregard Jay Neill. You’re deciding life or death on a person that’s a vowed [sic] homosexual . . . . But these are areas you consider whenever you determine the type of person you’re setting [sic] in judgment on . . . . The individual’s homosexual. He’s in love with Robert Grady Johnson.

A dissenting judge quoted this statement and described it as “homophobic hatemongering,” and stated:

Because the prosecutor's blatant homophobic hatemongering at sentencing has no place in the courtrooms of a civilized society, and Neill's appellate counsel's failure to raise the issue on direct appeal constitutes clear and plain prejudicial neglect, I respectfully dissent.

The dissent added:

Moreover, the record evidence calls into question whether Neill was sentenced to death by an impartial jury, which further erodes my confidence in the jury's sentence. I would grant habeas relief and vacate Neill's sentence.

Outcome

Neill was executed by lethal injection in Oklahoma on December 12, 2002.

The record stated that Neill was pronounced dead at 6:18 p.m. at the Oklahoma State Penitentiary. It also stated that he apologized during his last statement.

Neill’s statements at execution (verbatim)

The federal and news accounts included verbatim statements by Neill. One account stated he said:

I want everyone to know I'm really sorry for what I did to you,
I'm not sorry for dying here today. I'm not sorry because I'm lying here. I'm sorry for the horrible, horrible thing I did. I hope you find some comfort in that ... Please forgive me.

Another account stated he said, as lethal injection began:

I want everyone to know that I'm really sorry, not because I'm dying but for the horrible, horrible thing that I did,
I hope it brings you comfort to know Robert Johnson wasn't in that bank. I know you think he was, but he wasn't.

The record also included testimony from Neill in court proceedings during the 1992 trial, stating:

I've yet to come up with something that I know will make it easier for any of you,
"I am sorry. It's eating me and I believe that's been part of my punishment. I just wish there was something I could say to make it better but there's not."

Family and others’ statements at execution (verbatim)

The accounts included remarks attributed to family members and others. Charlene Blevins said:

He died the way he lived: as a liar

Faye Tanner said:

He died a lot easier than my daughter did,
She died on the floor with a knife in her back.

Calvin Bowles said:

He died like a coward, he was crying and asking for forgiveness. I walked into that bank and saw my daughter and the others butchered, he didn't give them a chance to ask for the Lord for forgiveness.

Danny Zeller said:

This is not about the death sentence, but about the heinous crimes Jay Wesley Neill committed.
He tore the community apart.

Aftermath / related individuals

Robert Johnson was described as Neill’s co-defendant and lover, and the record stated Johnson was sentenced to life without parole after a new trial.

The record also stated that Neill’s co-defendant during the robbery and murder trials, Robert Johnson, “wasn't in that bank” according to Neill’s statements during his execution. It further described that Johnson was serving a life sentence without parole for his part in the bank robbery.

The record also stated that Neill was the sixth Oklahoma inmate executed in that year, and the 54th since the state resumed executions in 1990. It also stated Neill was the 54th person executed in Oklahoma since the state resumed executions in 1990.

Other details

Age, preparation, and financial difficulties

The appellate record described that Neill was unable to keep a steady job and that he attempted to support himself and Johnson but had difficulty keeping up with rent and other payments. It stated that they fell behind in rent and utility payments, that telephone service was discontinued, and that Neill purchased a car in September 1984 with a loan that quickly became delinquent, and that he was delinquent on a loan from Geronimo Bank.

Gun permit and pawnshop interactions

The appellate record described Neill’s visit to a local pawnshop on December 12, 1984, where he was told a buyer had to be at least 21 years old. It described that on December 13, 1984, Robert Johnson applied for a gun permit from the Lawton Police Department.

The appellate record also stated that on December 14, 1984, they returned to the pawn shop, purchased a revolver, and ammunition purchases occurred afterward. It stated the .38 caliber shells purchased were exchanged for .32 caliber shells because the gun had been mistakenly marked as .38 when it was actually a .32 caliber.

Spending spree and travel

The summary described that after the robbery, Neill and Johnson went to San Francisco, where they spent approximately $17,000 stolen from the bank on expensive jewelry and clothing, hotels, limousines, and cocaine. The Oklahoma Court of Criminal Appeals stated they arrived at the Lawton Airport at approximately 2:30 p.m., paid $1,200 in cash for tickets to San Francisco, and boarded the plane carrying only a tote bag.

Neighborhood and FBI composite drawing

The appellate record stated that a friend told Neill that the composite picture made by the FBI fit him “to a 't'.”

Letters and videotaped interview

The record stated that, prior to the second trial, Neill gave a videotaped interview to “The 700 Club” and wrote several letters to an author writing a book about the murders. It also stated he wrote letters and made telephone calls apologizing to several victims and admitted committing the crimes in these communications.

Pen pal request letter text (verbatim)

A pen pal request letter associated with Jay Neill included the following verbatim text:

CCADP Pen Pal Request JAY NEILL - Some of what interests me... On death row there are few options in the way of hobbies/activities. But I do love to read. And I enjoy writing letters. I crochet afghans, and just about anything I can think of, or have a pattern for. Right now I'm involved in a quest of self discovery. A spiritual quest. Not in a "traditional Religious" manner. More so a spiritual quest of who I am, my place in this existence. I do believe in a soul. I've read many books covering many religions, and spiritual beliefs, and their history. each belief system centers primarily on "love". On good & bad deeds, and/or Karma. Allowing room for the basic human nature that sways the writer of any history to shape the text, and its contents towards his/her own morality & ideas. I think there is ample proof from which to draw the conclusion that life did not simply "happen" by accident. I also like new ideas, and good conversation. And any letters I write, will be varied, as to interests & topic. I have definite opinions, and I expect that others do too. Above all, I enjoy the sharing of love, and positive thoughts. I'm as unjudgmental as I know how to be. I believe every person has an individual right to live their lives free of harm, and prejudice. I just wish I knew more about life when I was a confused 19 year old. The age I was, when I committed this crime. Sincerely Yours... Jay Neill 141128 H-SE-8-II PO Box 97 McAlester, OK 74502 USA