Dennis Stockton

Case record: Dennis Stockton

Status and procedural history

Dennis Waldon Stockton was convicted in Virginia for the capital murder of Kenneth Arnder pursuant to a murder-for-hire theory. His death sentence was vacated after a federal judge found the 1983 jury to be tainted. The judge offered Stockton a choice of life imprisonment or a new sentencing hearing. Stockton insisted on his innocence and chose a new sentencing hearing, where he was again sentenced to death.

Stockton continued seeking relief in state and federal courts. A federal appellate review later addressed his capital murder conviction and related habeas claims, and additional federal proceedings addressed late-stage attempts to obtain an evidentiary hearing on actual innocence. The Commonwealth of Virginia later sought to vacate a stay of execution granted for a future evidentiary hearing on Stockton’s claim of actual innocence; the stay was vacated and the execution date set by the state was reinstated.

Stockton was executed by lethal injection in Virginia on September 27, 1995.

Timeline

• June 25, 1982 — Stockton was arrested for Arnder’s murder in Patrick County, Virginia.
• July 25, 1978 — Kenneth Arnder’s body was discovered in a remote area of Surry County, North Carolina.
• March 21 to March 24, 1983 — Stockton was tried in the Circuit Court of Patrick County, Virginia.
• March 23, 1983 — The jury found Stockton guilty of capital murder (murder for hire).
• March 24, 1983 — The sentencing phase occurred; the jury fixed Stockton’s sentence.
• June 7, 1983 — A post-conviction hearing occurred in the trial court concerning the Owl Diner incident.
• June 18, 1987 — A federal district court granted Stockton a writ of habeas corpus vacating his death sentence and granting a new sentencing hearing or a reduction of his sentence to life imprisonment.
• October 2, 1986 — A federal court granted a stay of execution.
• October 3, 1986 — Stockton’s execution was scheduled.
• July 22, 1988 — The U.S. Court of Appeals, Fourth Circuit affirmed the district court’s judgment vacating Stockton’s death sentence.
• July 20, 1978 — Kenneth Arnder was last seen alive when he left his mother’s home with Stockton.
• June 25, 1992 — The Supreme Court of Virginia affirmed dismissal of Stockton’s fourth state habeas petition as procedurally barred.
• November 29, 1993 — A federal district court dismissed Stockton’s federal habeas petition.
• September 26, 1995 — The U.S. Court of Appeals vacated a stay of execution and directed issuance of its mandate forthwith.
• September 27, 1995 — Stockton was executed by lethal injection in Virginia.

The offence

Kenneth Arnder (victim)

Kenneth Arnder was 18 years old when he was killed. He was the second youngest of Wilma Arnder’s six children. Wilma Arnder raised all the children herself after her husband left her.

Arnder was last seen alive after leaving his mother’s home. His body was later found in a remote area. When Arnder’s body was found, it was already decomposed and identification was difficult. His arms were stretched out in the form of a cross, his hands were chopped off above the wrists, and he was shot between the eyes. The body was covered with branches.

Arnder had known Dennis Stockton for some months and looked up to him. Wilma Arnder recognized Stockton because he had been at their house a few times. Arnder was easy-going, but in his teens he started associating with a rough crowd and sometimes lived away from home.

When Arnder’s body was found, he was wearing jeans, a T-shirt with a slogan joking about drugs, and a necklace with a white stone. The clothes were the same clothes he had been wearing when he was last seen alive five days before.

Events leading to the murder

On July 20, 1978, Kenneth Arnder telephoned Dennis Stockton at Stockton’s home. Arnder wanted Stockton to drive him to Kibler Valley, a remote, wooded area in southwestern Virginia. Arnder said he was scared because someone he feared had seen him stealing tires off a car. Stockton agreed and drove Arnder to Kibler Valley, dropping him off at 6 PM. Stockton left, but later returned around mid-night and found people at a party.

Arnder left his mother’s home with Stockton to camp out in a picnic area in Patrick County to avoid difficulties arising from involvement with some stolen property. Five days later, Arnder’s body was found in a gully near a dirt road in North Carolina, close to the Virginia border.

Investigation and evidence

Discovery of the body

On July 25, 1978, Arnder’s body was discovered in a remote area of Surry County, North Carolina. Arnder had been shot in the head and both hands had been severed at the wrists. The parties stipulated that the cause of death was either the wound to the head, the severing of the hands, or both.

Early suspicion and lack of physical evidence linking to Virginia

North Carolina officials investigated and did not file charges.

Virginia later produced a witness who claimed he had witnessed a meeting at which Stockton agreed to kill Arnder for $1,500. The prosecution claimed Arnder was killed in Virginia and his body was moved to North Carolina. No physical evidence linked Stockton to Arnder or indicated that the murder took place in Virginia. No weapon was found.

Arrest and charges

Arrest

Stockton was arrested for Arnder’s murder on June 25, 1982, in Patrick County, Virginia.

Charge

Stockton was charged with accepting $1,500 for murdering Arnder from Tommy McBride. He was charged with the murder-for-hire killing of Kenny Arnder under Va. Code Ann. Sec. 18.2-31(b).

Stockton pleaded not guilty.

Trial

Court and location

Dennis Stockton was tried in the rural town of Stuart, Virginia, in 1983, in the Circuit Court of Patrick County, Virginia.

Guilty phase

Stockton’s guilt phase lasted for two days. On March 23, 1983, the jury found him guilty of the murder for hire / capital murder of Kenneth Arnder.

Prosecution’s theory and witnesses

The prosecution theory was that Tommy McBride hired Stockton to kill Arnder because Arnder owed McBride money from a drug transaction.

Randy Bowman testified that he, Stockton, Ronnie Tate, “Sunshine” Hatcher, and Diane and Tommy McBride were at McBride’s home in June of 1978 when Tommy McBride offered Bowman $1,500 to kill the “Arnder boy.” Bowman testified that Stockton offered to do the job because he needed to make money, and that Stockton quickly agreed to the deal.

Bowman testified that he was not given any promises in return for his testimony, although he admitted that he hoped his cooperation would mitigate his sentence. At trial, Bowman also answered that no promises were made to him in return for his testimony, while he expressed hope that it would help him get out sooner.

The defense and other testimony disputed the prosecution’s account, including testimony from Tommy and Diane McBride denying the offer and the events described by Bowman.

Ronnie Tate testimony

Robert Gates testified that Stockton had killed Ronnie Tate in 1979 because Tate had been “running his mouth” about the Arnder murder. Gates testified to a chain of events after Tate was shot, and Stockton had admitted earlier to killing Tate, claiming self-defense after Tate pulled a gun and threatened to shoot him. The testimony concerning the Tate killing was described as helping establish that Stockton would be a future danger to society, contributing to the death sentence.

Alleged “promises,” perjury, and later evidence disputes involving Bowman

Questions about the fairness of the trial arose after proceedings including a federal habeas determination that the 1983 jury was tainted.

Stockton alleged that the prosecution failed to disclose a deal-for-testimony with Bowman and knowingly allowed perjured testimony. Another inmate testified in a 1984 civil case challenging prison conditions that he was in jail with Bowman when Bowman told him, “I hate that son of a bitch.” Another inmate stated Bowman told him “he would . . . say anything for anybody if the money was right.”

Jury contact during sentencing deliberations (Owl Diner)

During sentencing deliberations, the jury broke for lunch. At least two groups of jurors ate at the Owl Diner near the courthouse. Glen Puckett, the owner of the Owl Diner, approached the jurors, asked whether they had reached a decision, and told them, among other things, that “they ought to fry the son of a bitch.”

James Blackard and his wife were seated across the aisle from a group of male jurors. Glenn Puckett inquired about whether the jurors had reached a decision yet. One of the men replied that they had all decided except for “one damned woman.” Puckett remained and conversed with jurors for several minutes. The jurors resumed sentencing deliberations after the lunch break and fixed Stockton’s sentence at death.

A post-conviction hearing in the trial court took testimony concerning the Owl Diner incident on June 7, 1983. The trial court concluded that Puckett asked members of the jury whether they had reached a decision but found no prejudice from the query, noting that something else may have been said but that witnesses did not know what it was. The court imposed the death sentence.

Sentencing

Jury recommendation and imposition of death sentence

During the sentencing phase, the jury recommended that Stockton be sentenced to death. The jury concluded that Stockton was likely to “commit criminal acts of violence that would constitute a continuing serious threat to society” and that his conduct was “outrageously or wantonly vile, horrible, or inhuman,” and fixed his sentence at death.

The trial court entered final judgment and imposed the death sentence.

Federal habeas relief vacating the death sentence

On June 18, 1987, a federal district court granted Stockton a writ of habeas corpus vacating his death sentence and granted a new sentencing hearing or a reduction to life imprisonment.

In July 1988, the U.S. Court of Appeals, Fourth Circuit affirmed the district court’s vacating of Stockton’s death sentence. The court held that Puckett’s comment during sentencing deliberations posed a potential for prejudice too serious to ignore, and that an evidentiary hearing was required because the trial court failed to make findings on critical questions.

The appellate court affirmed the district court’s decision and stated that the state had the choice of either reducing his sentence to life imprisonment or sentencing him anew.

Second sentencing and continued death sentence

Stockton chose a new sentencing hearing, insisting on his innocence. Under the described legal constraints, no new evidence on the murder could be presented, and Stockton was again sentenced to death.

Appeals and habeas corpus proceedings

Direct appeals and denial of certiorari

Stockton perfected a direct appeal of his conviction to the Supreme Court of Virginia. The conviction and sentence were affirmed in 1984. Certiorari was denied by the United States Supreme Court in 1984.

After further state proceedings, Stockton’s execution was scheduled for October 3, 1986. A federal stay was granted on October 2, 1986.

Federal review of conviction and sentencing-related claims

The U.S. Court of Appeals, Fourth Circuit, in a decision decided July 22, 1988, affirmed the denial of habeas relief on Stockton’s conviction but affirmed vacating the death sentence.

That appellate decision described allegations and rulings regarding:

• The Owl Diner incident and whether it caused prejudice in sentencing deliberations.
• Additional alleged extrajudicial contacts with jurors during the guilt phase.
• Alleged improper deliberations by subgroups of jurors.
• Admission of testimony from Robert Gates describing Stockton’s killing and burying of Ronnie Tate.
• Claims of prosecutorial misconduct, including issues regarding indictments and cross-examination.
• A request for relief based on newly discovered evidence that Bowman had lied; the court described the standard for federal evidentiary hearings on newly discovered evidence.

The court affirmed the judgment denying habeas relief with respect to Stockton’s guilty verdict while affirming the vacatur of his death sentence.

Brady and perjury claims; procedural default

In a later federal appellate decision, the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of Stockton’s habeas petition in which he claimed:

• The prosecution withheld exculpatory and impeachment evidence in violation of Brady v. Maryland.
• The prosecution knowingly elicited perjured testimony during the 1983 trial.

The appellate court described that Stockton’s claims were procedurally barred and also meritless.

Procedural-bar events in state court

Stockton filed a fourth state habeas petition premised on facts revealed by a 1990 letter from the trial prosecutor. The letter allegedly indicated the prosecutor told Randy Bowman before trial that he would endeavor to help Bowman secure a transfer to another prison. A document enclosed with the letter also indicated that Gates had suggested an additional motive for Stockton’s murder of Ronnie Tate beyond the one testified to at trial.

Stockton filed the fourth habeas petition in state court on December 3, 1990. The Patrick County Circuit Court dismissed the petition under Virginia’s procedural default statute, Va. Code Ann. Sec. 8.01-654(B)(2), stating that no writ would be granted on the basis of allegations of which the petitioner had knowledge at the time of filing any previous petition. The Supreme Court of Virginia affirmed the dismissal in a written order dated June 25, 1992. The United States Supreme Court denied certiorari.

On May 3, 1993, the Commonwealth filed a motion to dismiss in federal district court, arguing procedural default. The district court dismissed on November 29, 1993.

Late-stage claim of actual innocence and vacating a stay

In 1995, the Commonwealth sought to vacate a stay of execution granted for a future evidentiary hearing on Stockton’s actual innocence claim. The U.S. Court of Appeals, Fourth Circuit, vacated the stay and directed that its mandate issue forthwith.

The court described that Stockton’s affidavits claimed Randy Bowman was the real killer of Kenneth Arnder and stated that Arnder was murdered between July 20, 1978 (when he was last seen alive) and July 25, 1978 (when his body was found). The court referenced an affidavit by the Sheriff of Surry County indicating Bowman was in jail during that entire period, stating that Bowman was in continuous custody from July 3, 1978 until August 16, 1978. The court found the late attempt insufficient and reversed the district court’s judgment, reinstating the execution date set by the state.

Other details

Stockton’s background and alleged record

Dennis Stockton was born in 1940 in North Carolina. He spent most of his adult life in prison, work camp, or jail.

Stockton’s first stint in jail included being locked up for passing bad checks. His parents allowed him to stay in jail over a weekend to teach him a lesson.

Stockton was sexually assaulted by a guard. When he was 17, he was sentenced to three-to-five years in prison for two counts of passing bad checks in his parents’ names. When he returned home at age 20, he was described as a hardened adult.

His early years were in Shelby, North Carolina, living with his parents near cotton mills. He did well in school and had an IQ estimated between 130 and 160. He loved baseball and played when he could. His father was away for much of his childhood fighting in World War II and returned often abusive to Dennis.

Stockton played baseball on a prison team and claimed he was scouted by the New York Yankees, but he never made it to the big leagues.

He became involved with drugs, using and dealing. He committed arson by contract, safecracking, and carried a gun. Police frequently sought him out as a suspect in crimes. He had a prison tattoo and idolized race car drivers.

At one point, police claimed they saw a human body part preserved in a jar in Stockton’s house. Stockton said he obtained it from a biker gang and kept it to show off at parties.

Evidence about letters and money offers

During another period while Stockton was in jail on other charges, he heard rumors that the police suspected him of Arnder’s murder. He believed he knew where the rumors were coming from and offered to reveal information to police.

Police took Stockton to his house, where he showed them letters from a “prominent citizen” offering Stockton money in order to have a rival killed. Stockton claimed he had been given $2,000 with a promise of $3,000 more if he killed the rival. He said he kept the money but never killed anyone.

He later received another $1,000 and a letter asking him to kill someone else. Again, he said he kept the money but did not act on the offer. He gave the letters to police, indicating the author might be spreading rumors about Stockton’s killing Arnder to get revenge for not carrying out the murders requested in the letters. Later, the letters were lost by police.

Meet the defendant details: death-related interpretation in trial context

Stockton did not deny killing Ronnie Tate; he argued he acted in self-defense after Tate pulled a gun and threatened to shoot him. However, testimony about the Tate killing was used to support the sentencing determination.

Court citations and procedural references

The U.S. Court of Appeals decisions and described habeas proceedings included references to:

• Stockton v. Commonwealth, 227 Va. 124, 314 S.E.2d 371 (1984).
• Stockton v. Virginia, 469 U.S. 873, 105 S.Ct. 229, 83 L.Ed.2d 158 (1984).
• Stockton v. Commonwealth of Virginia, 852 F.2d 740 (4th Cir. 1988).
• Fourth Circuit procedural default and Brady/perjury review in a later appeal, including discussion of Va. Code Ann. Sec. 8.01-654(B)(2).