Michael Owsley

Background

Michael Owsley was convicted of first-degree murder and was sentenced to death.

The offence

On April 18, 1993, Elvin Iverson drove from Kansas City, Missouri to Junction City, Kansas to sell drugs. Iverson was accompanied by Ellen Cole. When Iverson and Cole returned to Iverson’s residence in Kansas City, they were confronted by Michael Owsley and Marion Hamilton.

Owsley and Hamilton ordered Iverson and Cole to lie on the floor. Hamilton had a semiautomatic weapon with a silencer, and Owsley had a 12 gauge shotgun. Hamilton demanded that Iverson tell where the drug money was. Iverson told them that he did not have the money and that he had given it to another individual who was with him in Junction City.

While Iverson continued to deny that he had the money, Owsley began punching, kicking and striking Iverson with the shotgun. Iverson was hit at times by the barrel of the shotgun. When Iverson continued to deny that he had the money, Hamilton took a bag from a bag and put it on Iverson’s head and began to smother him.

Cole was asked about the money. Cole lied by offering to take them to a key. Hamilton tied Cole and Iverson together by their feet with an electrical extension cord, and the two were covered with a blanket. Owsley stood over them, hitting them with the barrel of the shotgun and said, "One of you will live: one of you will die." He put the gun to Iverson’s head. Before he fired the weapon, Hamilton told Owsley to put a pillow over Iverson’s head, which Owsley did. Owsley then fired the shotgun into Iverson’s head, killing him instantly.

After the shooting, Hamilton untied Cole and took her to his car while Owsley followed in a second car. Cole later managed to escape from Hamilton’s car and notify the police.

Investigation

Arrest

Owsley was arrested on 4-19-93.

Trial

The trial began in Jackson County Circuit Court on 10/18. On 10/26, the jury found Owsley guilty of murder first degree, kidnapping and two counts of armed criminal action. On 10/28, the jury recommended capital punishment for the murder first degree conviction.

Sentencing

On 01/06, Owsley was sentenced to death on the charge of murder first degree and life for kidnapping and two terms of 15 years.

Appeals

On 01/15, Owsley filed a notice of appeal. On 07/09, Owsley filed a motion for post-conviction relief. On 07/09, the circuit court denied the motion for post-conviction relief. On 12/23, the Missouri State Supreme Court affirmed Owsley’s conviction and sentence and the denial of post-conviction relief.

On 1998 10/05, the U.S. Supreme Court denied certiorari review. On 12/08, Owsley filed a petition for writ of habeas corpus in the U.S. District Court for the Western District of Missouri. On 1999 05/06, the U.S. District Court denied the petition for writ of habeas corpus. On 2000 12/11, the U.S. Eighth Court of Appeals affirmed the denial of relief. On 2001 10/01, the U.S. Supreme Court declined discretionary review.

On 10/02, the state requested the Missouri State Supreme Court to set an execution date. On 2002 07/07, the Missouri State Supreme Court set February 6, 2002 as Owsley’s execution date.

Outcome

Owsley was executed in Missouri by lethal injection on February 6, 2002.

His final statement was:

"I hope for salvation. I hope that the mercy and forgiveness that I have asked for will suffice. Praise Allah."

His final meal was steak, jumbo shrimp and cheesecake.

In appeals, Owsley argued that he was not responsible for his actions because he was high on drugs. He also argued that the murder weapon, described as a sawed-off shotgun, went off accidentally as he jammed it against Iverson’s head. Owsley also maintained that his lawyer was taking pain medication and was incompetent.

Owsley insisted that the shotgun blast that killed 18-year-old Elvin Iverson in 1993 came accidentally while he was "catatonic" on gin and PCP, making the slaying unintentional and worthy of a lesser charge not punishable by death. He also argued that race played a role in his death sentence. He said:

"This case needs to be reviewed because Missouri's death-row situation is a situation that has been used repeatedly on people like me — poor, black and unable to defend ourselves,"
"I'm nothing to Missouri, I'm nothing to the United States ... As they see it, I'm still chattel property."

He also pressed Governor Holden to commute his death sentence to life behind bars and called his fate unfair compared with the 20-year prison term given accomplice Marion Hamilton on a related second-degree murder conviction.

Dr. Roswell Evans testified to the effects of PCP on Owsley, stating, “provoked in any way, they can become incredibly violent.” Evans also testified that under the influence of drugs and alcohol “Owsley had the capacity to become violent and to do unplanned kinds of crimes.”

In a dissent for the 8th Circuit Court’s ruling on Owsley’s case, Judge Heaney noted:

“…Owsley was unconstitutionally denied the right to introduce evidence of his intoxication that would have tended to show that he did not have the ability to deliberate, which is required in order to be convicted of first degree murder.”

During the offence, Owsley was heard telling his accomplice, "nobody cares anyway" because the teen-ager was a drug dealer.

Other details

The legal chronology included:

• 04/18 — Michael Owsley and Marion Hamilton kill Elvin Iverson in Kansas City, Missouri.
• 04/30 — Owsley is charged by indictment with first degree murder, first degree assault, kidnapping and armed criminal action.
• 10/18 — The trial begins in Jackson County Circuit Court.
• 10/26 — The jury finds Owsley guilty of murder first degree, kidnapping and two counts of armed criminal action.
• 10/28 — The jury recommended capital punishment as the sentence for murder first degree.
• 01/06 — Owsley is sentenced to death on the charge of murder first degree and Life for kidnapping and two terms of 15 years.
• 01/15 — Owsley files a notice of appeal.
• 07/09 — Owsley files a motion for post-conviction relief.
• 1996 07/09 — The Circuit Court denies the motion for post-conviction relief.
• 1997 12/23 — The Missouri State Supreme Court affirms Owsley’s conviction and sentence and the denial of post-conviction relief.
• 1998 10/05 — The U.S. Supreme Court denies certiorari review.
• 12/08 — Owsley files a petition for writ of habeas corpus in the U.S.
• 1999 05/06 — The U.S. District Court denies the petition for writ of habeas corpus.
• 2000 12/11 — The U.S. Eighth Court of Appeals affirms the denial of relief.
• 2001 10/01 — The U.S. Supreme Court declines discretionary review.
• 10/02 — The state requests the Missouri State Supreme Court to set an execution date.
• 2002 07/07 — The Missouri State Supreme Court sets February 6, 2002 as Owsley’s execution date.

Marion Hamilton received a 20-year sentence on a second-degree murder conviction. Hamilton had a first parole hearing in April 2003.

Owsley was described as 40 years old at execution. He was put to death by lethal injection at 12:07 a.m. at the Potosi Correctional Center.