Lem Tuggle

Case record: Lem Tuggle

STATUS

Lem Tuggle was executed by lethal injection in Virginia on December 12, 1996.

Background

Lem Davis Tuggle was convicted of capital murder committed during or subsequent to the rape of Jessie Geneva Havens.

He was paroled four months before the 1983 murder.

In 1971, Tuggle served a 20-year term for murdering 17-year-old Shirley Brickey. He was paroled in 1983.

The offence

In the early morning of June 2, 1983, State Trooper R. M. Freeman was dispatched to an area on Interstate Highway 81 in Pulaski County to look for a black pickup truck equipped with a camper.

Shortly after his arrival, Freeman stopped a truck meeting that description and recognized Tuggle as the driver.

When the trooper asked the defendant if he had been near the Riverside Exxon Station, Tuggle responded: "Yes, I robbed it, the money's in my pocket, the gun's in the truck. "

Ballistics tests established that the firearm Freeman took possession of fired the bullet which killed Havens.

The authorities said he raped and shot Jessie Geneva Havens after they met at a dance at an American Legion Hall.

Investigation

After Freeman stopped the truck and recognized Tuggle, Freeman took possession of a .25 caliber automatic weapon.

While Freeman was taking Tuggle to the Pulaski County Sheriff's Office, Tuggle volunteered that he was connected with a missing person's report relating to Jessie Havens and said that he would have a "long talk" with Smyth County authorities later.

Later that morning, a Smyth County Sheriff's Office investigator interviewed Tuggle concerning Havens' disappearance. The officer advised Tuggle of his Miranda rights.

Tuggle waived these rights and told the officer that he could find Jessie Havens over a bank at a certain spot on Hubble Hill Road near Seven Mile Ford.

When the officer asked the defendant what had happened to Havens, Tuggle responded: "I don't know but she's there."

Tuggle then told the officer that he did not want to discuss the matter further until he had spoken to an attorney. He specifically stated: "From past experience, I would like to talk to an attorney. I'll probably tell you the full story later."

Approximately 9:30 a.m. on June 2, the investigator went to the place where Tuggle said Havens would be found. He found Havens' body at the site.

Discovery of the body and medical findings

Havens was clad in jeans "down around her knees," a blue and white striped blouse "pulled up to about the armpits," and "black silk panties . . .rolled down some what."

A portion of the victim's pantyhose was "sticking out of the top" of her jeans, and one of her legs was out of the pantyhose.

An autopsy revealed that the victim's body had an abrasion and a bruise on the left frontal area of the forehead, a small abrasion on the right frontal area of the forehead, an abrasion on the neck, a bite mark on the lower, inner quadrant of the right breast, a number of small bruises on the upper, inner aspect of the right arm, and a bruise on the right thumb and right wrist.

Havens also had sustained a large bruise on the upper, inner thigh, bruises on the vaginal vault at the posterior aspect and near the bottom, and a gunshot wound in the chest.

According to the medical examiner: "the bruises of the vagina indicate penetration of the vaginal vault by something, a penis, a finger, an object, something."

The medical examiner testified that both the bite mark on the breast and the bruising around the vagina occurred while Havens was alive.

The medical examiner testified that no semen or spermatozoa was found in Havens' vagina, but that semen was found in the rectum, indicating "penetration and ejaculation into the rectum."

A forensic odontologist testified that he examined the bite mark on the victim's right breast. He compared the mark with models of Tuggle's teeth and concluded: "with all medical certainty these marks on the body of Ms. Havens were made by the teeth of Mr. Tuggle."

He further opined that Havens was alive and moving when she was bitten.

Trial

Sentencing

The disposition for the capital murder conviction was a life term.

The disposition for the earlier murder of Shirley Brickey was a 20-year term; he served half of the term and was paroled in 1983.

Appeals

United States Court of Appeals For the Fourth Circuit opinion 94-4005.

Escape incident

In May 1984, Tuggle was one of six death row inmates who grabbed 13 prison employees and bluffed their way out of the Mecklenburg Correctional Center in Boydton, Va., with a fake bomb.

Tuggle was captured with another inmate in Vermont, and all the escapees were caught within three weeks.

The other five escapees had since been executed.

Other details

Lem Tuggle was identified as 44 at the time of his execution.

Sex: M. Race: W. Motive: Sex.

The case included the characterization "M O: Rape-slayer of women."

The victim was Jessie Geneva Havens, 52.