Riley Noel

Case record: Riley Noel

Status

Riley Dobi Noel was executed by lethal injection in Arkansas on July 9, 2003.

Timeline

• 02/13/1990 — Riley Dobi Noel had prior convictions in Pulaski County for theft by receiving (5 yrs), battery-1st degree (5 yrs), and robbery (15 yrs).
• 02/26/1990 — Initial receipt date for Noel.
• 09/11/1996 — Prior conviction: escape-2nd degree - habitual offender (120 mo) in Pulaski.
• 06/04/1995 — Three children were shot and killed in the residence of Mary Hussian in Little Rock; Noel shot each of the children in the head as they lay on the living room floor, and Terry Carroll attempted to shoot Mary Hussian with a shotgun which jammed.
• 06/05/1995 — A prosecutor charged Riley Noel with capital murders of three children and attempted capital murder of Mary Hussian.
• 07/09/1996 — Trial outcome date is reflected by the conviction date listed for Noel.
• 07/18/1996 — Noel’s conviction date.
• 07/09/2003 — Noel was executed by lethal injection at 9:01 p.m. and pronounced dead at 9:07 p.m.

Background

Riley Dobi Noel was a Black male with black hair and brown eyes, and he stood 71 inches tall and weighed 158 lbs. His birth date was 05/22/1972. His initial receipt date was 02/26/1990. His conviction county was Pulaski County.

Noel had prior convictions:

• Theft By Receiving — 02/13/1990 Pulaski County (5 yrs)
• Battery-1st Degree — 02/13/1990 Pulaski (5 yrs)
• Robbery — 02/13/1990 Pulaski (15 yrs)
• Escape-2nd Degree - Habitual Offender — 09/11/1996 Pulaski (120 mo)

Riley Noel was described as “Triple murderer Riley Dobi Noel” in an execution report and as “a convicted killer” in the Arkansas Department of Corrections context. The Arkansas Department of Corrections ADC number was 000942.

The offence

Noel killed three children in a mistaken belief that their sister set up his brother for a gang-related murder. Prosecutors argued that Noel mistakenly believed that the victims’ sister had arranged his brother’s slaying and that Noel sought revenge.

Victims

The victims were:

• Marcell Young, 17
• Malak Hussian, 10
• Mustafa Hussian, 12

All three were siblings.

Events at Mary Hussian’s home

In the early morning hours of June 5 (and the evening of June 4, as described in later trial discussion), Noel, Carroll, and others went to the home of Mary Hussian in Little Rock. Noel believed that a daughter of Mary Hussian had been involved in his brother’s drive-by killing.

Noel told the children in the residence (Marcell Young, Malak Hussian, and Mustafa Hussian) to get down on the floor. Calloway testified that she watched Noel shoot each of the children in the head and kill them. Prosecutors said Noel lined up the victims on the kitchen floor and shot each once in the head.

A co-defendant attempted to shoot Mary Hussian with a shotgun, but it jammed. Mary Hussian was able to wrestle it away.

Kyle Jones testified that he arrived at the residence with his fiancee Marcel Young and saw Noel, Cochran, and Calloway standing in the carport. He testified he checked inside and heard someone burst in through the front of the house and heard Marcel scream. He stated that Carroll, carrying a shotgun, intercepted him and that they retreated to the bedroom. Jones testified that Mary Hussian dialed 911 and hid behind the bed, pleaded with Carroll not to kill her or her children, and that the shotgun discharged in the struggle, with a shot going through the roof. Mary Hussian gained control of the gun, chased Carroll, and then saw the three murdered children lying on the floor. Carroll left through the front door.

Mary Hussian testified that Noel was among those she saw in the house, and that she could only identify Carroll and Noel and not Calloway.

Investigation

The investigation focused on searching Calloway’s neighborhood to locate a suspect named “Tracy.” Calloway surrendered to police officers.

Calloway gave a full statement indicating she was with the young men at the time of the murders but stating she was not aware of an intention to commit the killings. The prosecution argued at trial that Calloway’s original statement to Little Rock police and her trial testimony were in conflict.

It was established at trial that two weapons were used at the murder scene: a .45 caliber pistol and a shotgun.

Arrest

Calloway surrendered herself to police officers.

Trial

Noel was tried in a circuit court in Pulaski County and was convicted of:

• three counts of capital murder
• one count of attempted capital murder

The trial was described as an eleven-day trial. Noel was sentenced to death by lethal injection for the capital murder convictions and to sixty years’ imprisonment for the attempted capital murder conviction.

Testimony and defence

Calloway testified she watched Noel shoot each child in the head and kill them. A co-defendant tried to shoot Mary Hussian with a shotgun but it jammed.

Noel testified at trial against his lawyers’ advice and denied killing the children. He told the jury:

"I'm sitting here an innocent man for the three innocent kids I had no knowledge of"

Noel’s appeal narrative also described that prosecutors argued Noel intended to kill the entire family to avenge Ganaway’s death, and that Noel told three children to get down on the floor.

Accomplice liability issues

At trial, the prosecutor’s theory against Calloway was accomplice liability. Calloway’s defence was that she did not know what Noel and Carroll intended to do at the Hussian house and that she did not assist them in any way in the commission of the murders.

Cochran testified that everyone in the car knew where they were going and what Noel intended to do because Noel announced it in the car. Cochran testified that Noel gave Calloway a .45 caliber handgun while they were in the car and that she still had it when they went to the Hussian house.

Jack Thomas testified for the State and stated that he saw Calloway run from the Hussian house and that it appeared as though she was carrying a gun.

Kyle Jones testified for the State.

Sentencing

Noel received a death sentence by lethal injection on the capital murder convictions. He also received a term of sixty years’ imprisonment on the attempted capital murder conviction.

A co-defendant who received a plea bargain received a 20-year prison sentence after testifying on behalf of the state. Another co-defendant was sentenced to life in prison without parole. A third co-defendant received 132 years in prison for the three killings.

Appeals

United States Supreme Court

The U.S. Supreme Court voted 7-2 to reject Noel’s appeal, with Noel’s request to halt his execution based on an alleged brain abnormality rejected. Prior to that, the state Supreme Court denied Noel’s appeal for a stay of execution.

U.S. Court of Appeals for the Eighth Circuit and related state proceedings

The case record included references to decisions and citations:

• Noel v. State, 1997 WL 343641 (Ark.,1997) (Pro se Motion to Stop Appeal)
• Noel v. State, 960 S.W.2d 439 (Ark.,1998) (Direct Appeal)
• Noel v. State, 26 S.W.3d 123 (Ark.,2000) (PCR)

A U.S. District Court decision in Noel v State in the Eastern District of Arkansas addressed Noel’s scientific evidence claim and ruled that Noel’s scientific evidence was not substantially better than the evidence of brain abnormality presented at the sentencing phase and that the claim would necessarily fail whatever the nature of the abnormality.

Postconviction relief (PCR) and effectiveness claims

On appeal from the denial of postconviction relief, the Supreme Court held:

• counsel was not ineffective by refusing to present witnesses who could not provide a genuine alibi for defendant but who were prepared to lie for him
• counsel’s strategy of eliciting from defendant during direct examination that he was testifying against the advice of counsel did not constitute ineffective assistance
• counsel was not ineffective by not requesting funds to hire an expert witness to challenge the credibility of eyewitness testimony

The appellate court affirmed.

Victim impact and other trial issues

Another appellate summary described holdings that:

• affidavits asserting that defendant could not receive fair trial due to excessive publicity were not sufficient to require grant of motion for change of venue
• prosecutor’s closing argument reference to defendant’s failure to call alibi witnesses did not require mistrial
• victim-impact evidence was not additional aggravating circumstance but was relevant evidence of toll that murder had taken on victims’ family
• victim-impact evidence was not so unduly prejudicial as to render trial fundamentally unfair
• statutory death penalty scheme did not mandate imposition of death penalty and did not limit jury to considering only unanimously found mitigating circumstances

Outcome

Noel was executed by lethal injection in Arkansas on July 9, 2003.

Aftermath

The execution occurred at the Cummins Unit of the Arkansas Department of Corrections in Varner. A lethal injection was administered at 9:01 p.m., and Noel was pronounced dead at 9:07 p.m.

Witnesses and reactions

Kyle Jones viewed the execution on closed-circuit television. After the execution, he said:

"He chose to make the decision to take their lives," Jones said after the execution. "Today the state of Arkansas chose to take his and I'm happy with it. I can move on knowing I won't have to live with this again."

Kelly Kissel, The Associated Press’ Arkansas news editor, was one of three media witnesses. He said that within 20 seconds of the injection, Noel’s chest heaved “fairly violently,” and that Noel stared at the ceiling without blinking, and that Noel “died with his eyes open.”

"fairly violently" "Within the first 20 seconds, it was clear that something was happening," Kissel said. "(He) died with his eyes open,"

Governor and clemency

Gov. Mike Huckabee refused to grant Noel clemency. The U.S. Supreme Court and Gov. Mike Huckabee turned Noel down.

Final meal and final statement

Noel’s final meal was:

• Fried chicken
• mashed potatoes with gravy
• hot rolls
• a green garden salad with ranch dressing
• Kool-Aid and cookies

Noel’s final words were:

"I want my family to know I love them. I want my kids to know I love Jesus."