Dennis Skillicorn

Case record: Dennis Skillicorn

Background

Dennis Skillicorn was sentenced to death for his role in the murder of Richard Drummond on August 24, 1994. His conviction and death sentence were affirmed on direct appeal, and subsequent post-conviction and federal habeas review were denied. Skillicorn was executed by lethal injection in Missouri on May 20, 2009.

Skillicorn and others headed east from Kansas City in late August 1994 to obtain illegal drugs. On the return trip, their car broke down on I-70, and they later burglarized a nearby home and stole guns and money.

In addition to the murder of Richard Drummond, the case record included later killings during the group’s flight, including the murders of Joseph Babcock and Charlene Babcock in Arizona and the murder of a woman in a diner in Mexico. Skillicorn also had an earlier burglary and murder conviction in 1979, and he served prison time for that offense, being paroled in 1992.

The offence

During the return trip from their attempt to obtain illegal drugs, Dennis Skillicorn, Allen Nicklasson, and Tim DeGraffenreid traveled in a 1983 Chevrolet Caprice that broke down twenty-two miles east of the Kingdom City exit on I-70. They refused an offer of assistance by a state trooper. They then traveled seventeen miles to the JJ overpass approximately five miles east of Kingdom City, where they burglarized the nearby home of Merlin Smith, stealing guns and money. They used the stolen money to pay for a tow to Kingdom City, but a garage in Kingdom City was unable to repair the extensive mechanical problems. They drove back east toward the site of the robbery and the car stalled again on the south outer road east of Kingdom City.

Between 4 and 5 p.m., Richard Drummond, a technical support supervisor for AT&T, saw the stranded motorists and stopped to offer to take them to use a phone. Skillicorn and Nicklasson were both armed. They loaded the booty from the Smith burglary into the trunk of Drummond’s car. While Nicklasson held a gun to Drummond’s head, Skillicorn asked Drummond questions in order to calm him down, including whether Drummond’s “old lady” was going to miss him.

As Drummond drove east, Skillicorn “got to thinking...if we let this guy off, he’s got this car phone.” They disabled the car phone. Skillicorn later determined they would have to “lose” Drummond in the woods. Skillicorn and Nicklasson discussed what should be done with Drummond. Skillicorn stated in a sworn statement that Nicklasson told him he was going to “do something to this guy,” and that they were trying to talk so the front-seat victim did not hear them, with Skillicorn stating that he “didn’t want him panicking.” They directed Drummond to exit I-70 at the Highway T exit just east of Higginsville and proceeded four miles onto County Road 202 to a secluded area where they ordered Drummond to stop his vehicle.

As Nicklasson prepared to take Drummond through a field toward a wooded area, Skillicorn demanded Drummond’s wallet. Skillicorn knew Nicklasson had no rope or other means to restrain Drummond and that Nicklasson carried a loaded .22 caliber pistol. Skillicorn watched as Nicklasson led Drummond toward a wooded area. In that location, Nicklasson shot Drummond twice in the head. Skillicorn acknowledged hearing two shots from the woods and that Nicklasson returned having “already done what he had to do.” Drummond’s remains were found eight days later.

Investigation

Richard Drummond had been offered by the stranded group to use a phone before being kidnapped at gunpoint and led to the woods where he was shot. After the murder, Skillicorn and Nicklasson dropped Tim DeGraffenreid off in Blue Springs, Missouri, and then fled the state. They were later arrested in the San Diego, California area after police picked them up on successive days as hitchhikers.

Nicklasson gave a confession to the FBI. Nicklasson admitted that he marched Drummond into the woods at gunpoint. Nicklasson alleged in that statement that he had a rope in his pocket to tie Drummond up, but that he “snapped” and decided to shoot him. Nicklasson also described the Arizona murders and numerous robberies committed while they were on the lam, and described how he had killed his own abusive father at age nine.

Skillicorn also gave a sworn statement to the FBI admitting his involvement in the Drummond murder and providing details about Drummond’s final drive. In that statement, Skillicorn said he knew Nicklasson did not have a rope in his pocket as he led Drummond into the woods. Skillicorn also described the Arizona murders, burglaries and armed robberies committed on the journey, and described how Nicklasson had killed the waitress in Mexico.

After the men’s capture, Skillicorn told investigators that Nicklasson had killed yet another woman while they were on the lam in Mexico. No homicide there was ever confirmed.

Arrest / custody

Skillicorn and Nicklasson were caught in the San Diego, California area six weeks after Drummond’s death. They were picked up by police on successive days as hitchhikers.

Skillicorn later remained in prison and was executed at Bonne Terre, Missouri. He was moved from Potosi Correctional Center to Bonne Terre for the execution.

Trial

Charges and verdict

Skillicorn was convicted of first-degree murder for his part in the murder of Richard Drummond on August 24, 1994. The trial court imposed a sentence of death.

The jury recommended a death sentence after the penalty phase of the trial.

Key trial evidence and issues on appeal

On appeal, Skillicorn argued multiple points of trial court error, including evidentiary rulings, discovery and procedure issues, and the constitutionality and proportionality of the death sentence. The Missouri Supreme Court affirmed the judgment and held the death sentence was not disproportionate to sentences imposed in other cases.

The Supreme Court affirmed the conviction and death sentence. The judgment was affirmed.

Exclusion of evidence and privilege disputes

Skillicorn challenged exclusion of evidence and decisions during trial and penalty proceedings. In particular, a statement by Nicklasson to an FBI agent was excluded as hearsay in Skillicorn’s guilt-innocence phase, and portions were heard in the penalty phase.

During the penalty phase, the defense attempted to introduce testimony by Dr. John Spiridigliozzi. Dr. Spiridigliozzi brought a file pertaining to Skillicorn to the stand. The prosecutor objected because the file had not been supplied. After a lengthy in-chambers exchange, the trial court ordered the defense to turn over the file so that the prosecutor could review documents before testimony was received in open court. Skillicorn’s attorney refused and attempted to physically block passage of the file. The trial court issued an ultimatum to surrender the file or risk exclusion of Dr. Spiridigliozzi’s testimony, and Dr. Spiridigliozzi was dismissed after the defense made an offer of proof.

The Missouri Supreme Court found that the file was discoverable because no privilege protected the materials and that the court properly ordered disclosure. It also found that the defense counsel’s refusal to hand over the file warranted exclusion of related testimony.

Statement about deliberation

Skillicorn’s appeal included challenges to whether evidence showed deliberation, required for first-degree murder. The Supreme Court found sufficient evidence supported the jury’s finding regarding deliberation. The evidence included references to Skillicorn’s statement about disabling the car phone, deciding they would have to “lose” Drummond in the woods, and his acknowledgement of Nicklasson returning having “already done what he had to do.”

Sentencing

The trial court sentenced Skillicorn to death.

The jury found aggravating circumstances including:

1. Skillicorn was convicted on September 19, 1980 of murder in the second degree;
2. Drummond’s murder was committed while Skillicorn was engaged in the perpetration of kidnapping and while Skillicorn was knowingly aiding Nicklasson and DeGraffenreid in the perpetration of kidnapping; and
3. Drummond’s murder was committed while Skillicorn was engaged in the perpetration of robbery.

The Supreme Court conducted an independent review of the death sentence pursuant to Section 565.035, and it found the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor, and that evidence supported the jury’s finding of statutory aggravating circumstances. It also found the sentence was not disproportionate to sentences imposed in other cases.

Appeals

Direct appeal

On direct appeal, the Missouri Supreme Court affirmed Skillicorn’s conviction of first-degree murder and his death sentence. The judgment was affirmed.

The Supreme Court addressed and denied Skillicorn’s claims of error regarding, among other matters: hearsay exclusion, admissibility of evidence of subsequent offenses, sufficiency of evidence on deliberation, exclusion of evidence during penalty proceedings, and other trial rulings challenged in the appeal.

Post-conviction and federal habeas

Skillicorn sought post-conviction relief under Rule 29.15. The motion court denied relief, and the Supreme Court affirmed. Skillicorn’s petition was then denied in federal court under 28 U.S.C. § 2254, and the Court of Appeals for the Eighth Circuit affirmed the denial of habeas relief.

The Eighth Circuit held that state court adjudication did not unreasonably apply federal law on issues including exclusion of Nicklasson’s confession, exclusion of expert testimony, and claims of ineffective assistance of counsel. It also held that the Mexico murder claim was procedurally barred and that evidence was sufficient to support the conviction and sentence.

Outcome

Dennis Skillicorn was executed by lethal injection in Missouri on May 20, 2009.

Other details

Prior murder conviction and parole

In 1979, Skillicorn and two other men burglarized a Kansas City home. One of the others used a shotgun to kill an 81-year-old man. Skillicorn, then 20, was convicted of second-degree murder and sentenced to 35 years in prison. He was paroled in 1992.

The Missouri Supreme Court’s findings on aggravating circumstances in the death sentence also referenced that Skillicorn was convicted on September 19, 1980 of murder in the second degree.

Clemency efforts and statements

Skillicorn filed repeated legal challenges and maintained that he did not personally kill Richard Drummond.

A clemency application was submitted in 2008 by civic and religious leaders to Governor Blunt. The signatories requested commutation of Skillicorn’s death sentence to life in prison without parole, citing his remorse and prison ministries, including editorial work for Compassion and efforts described as restorative justice and victim outreach. The clemency application included a quote asserting: “Mr. Skillicorn has turned his life around, becoming a model of rehabilitation and service to others. He is a model prisoner who is a positive influence on other inmates and the prison environment…Dennis Skillicorn is not the same person who was arrested fourteen years ago. He is no longer a threat to public safety. His execution would be senseless. Society and public safety would be better served if he were allowed to continue his worthwhile ministries in prison.”

In 2009, after Gov. Jay Nixon denied clemency, executions resumed in Missouri following a nearly four-year period without executions. Nixon’s clemency denial referenced that Skillicorn was on parole for another murder at the time of Drummond’s kidnapping, robbery, and killing, and noted Skillicorn’s later Arizona convictions for two subsequent murders.

Marriage and last statement

Skillicorn married Paula Barr in 1997 at the Potosi prison. Paula Barr had been a reporter for the Kansas City Star who covered his trial as a crime reporter. Skillicorn’s final statement included an apology to the family of Richard Drummond and remorse for his actions.

Skillicorn’s final written statement was read to reporters by Department of Corrections spokesman Jacqueline LaPine. The statement included the following verbatim text:

"The sorrow, despair and regrets of my life would most certainly have consumed me if not for the grace and mercy of a loving and living God who saved me," Skillicorn wrote in a final statement read to reporters by Department of Corrections' spokesman Jacqueline LaPine. "As a husband, I've been overjoyed to know the love of a woman unlike any I've ever known. She shall forever be by soul mate and I hers."

Skillicorn apologized to Richard Drummond’s family, stating that “for the last 15 years I've lived with the remorse of my actions.”

Skillicorn wrote that he had lived every day for the last 15 years with remorse for his murder of Richard Drummond.

A separate account described Skillicorn’s last meal as a double-bacon cheeseburger and potato chips delivered from the Crossroads Restaurant & Lounge near the Bonne Terre prison, with no dessert.

Vickie Green, a cook at the Crossroads Restaurant & Lounge, said her restaurant had been “selected several times” by prison officials when ordering up last suppers for doomed inmates. She also said:

"I think it's because we got the best food in the county," said Greene. " We were honored to be the place they chose. (RFT - Riverfront Times)

Skillicorn’s execution was described as occurring at 12:23 a.m., and he died 11 minutes later, with additional reporting stating he was pronounced dead at 12:34.

Legal citations mentioned in the record

State v. Skillicorn, 635 S.W.2d 82 (Mo. 1982) (Prior Murder Direct Appeal). State v. Skillicorn, 944 S.W.2d 877 (Mo. 1997) (Direct Appeal). Skillicorn v. State, 22 S.W.3d 678 (Mo. 2000) (PCR). Skillicorn v. Luebbers, 475 F.3d 965 (8th Cir. 2007) (Habeas).