Tony Lee Walker

Case record: Tony Lee Walker

Background

Tony Lee Walker was convicted of capital murder for the killing of Virginia Simmons, and the same capital-murder case also involved the killing of Willie “Bo” Simmons. Walker was executed by lethal injection in Texas on September 10, 2002.

Walker had a prior criminal history. During trial, the State proved that Walker had been convicted of first degree murder on March 21, 1978, in Criminal District Court No. 2, of Dallas County, Texas. He received a five-year sentence for that crime and was discharged on early release on May 8, 1980.

During trial, the State also proved that Walker had earlier involvement in a store robbery where a person was killed, and that he had two prior convictions for burglary of a vehicle. For those burglary-of-a-vehicle convictions, Walker received 6 months’ probation both times.

The offence

On May 23, 1992, at 12:30 a.m., James Cornelius and Tony Walker were riding in Cornelius’ car. They possessed rock cocaine and both smoked it. Cornelius let Walker out of the car and Walker started walking toward his house.

Walker decided to go to the Simmons’ house, which was nearby. On the way, Walker picked up a big stick on the railroad tracks. Walker wanted beer and money for more drugs.

Walker knocked on the Simmons’ door. Mr. Simmons asked, “Who is it?” Walker identified himself, and Mr. Simmons opened the door and let him in. Walker initially asked for a beer. Mr. Simmons went to the kitchen, got a beer, and brought it back to Walker. Walker gave Mr. Simmons 50 cents for the beer and then left. Walker walked in the woods and drank the beer.

Walker then found another stick and went back to the Simmons’ house. Walker left one club by the front door and held another behind his back. Mr. Simmons asked who was there, and Walker told him “Roger.” Eventually, Virginia Simmons let Walker into the house.

Mr. Simmons was standing by the kitchen door with his back turned. When Mr. Simmons turned around, Walker hit him in the back of the head with the stick, which broke. Walker hit Mr. Simmons again in the head, and the stick broke again. Walker then grabbed a walking cane and hit Mr. Simmons a third time. The cane also broke.

Mrs. Simmons yelled, “Hey, you want to get shot?” Walker opened the front door and got another stick he had left on the porch. Walker hit Mrs. Simmons with it, and she fell on her bed. Mr. Simmons was still standing up when Walker grabbed him by the hand, pulled him into the bedroom, and told him to lay down on the floor by the bed.

Walker grabbed Mrs. Simmons and told her to pull her gown up. Walker tied Mr. Simmons’ hands and feet with an electric cord, a belt, and a foam shoulder sling. Walker asked the Simmons if they would tell the police about this, and Mr. Simmons responded that he would not because they had been robbed before. Walker then raped Mrs. Simmons.

After raping Virginia Simmons, Walker noticed that Mrs. Simmons’ head was bleeding. Walker laid her on the floor by her husband’s feet. Walker started thinking that if he did not kill them, they would call the police. After looking at them for about 10 minutes, Walker hit them both in the head repeatedly. Blood was coming out of their mouths, and, as Walker watched, they both gasped for air. Walker then went to the kitchen, got a beer, sat down, and drank it.

Afterward, Walker dragged Mrs. Simmons into the living room to attempt to sexually assault her again, even though she was dead. Walker then got another beer from the kitchen and drank it again.

Walker then found Mr. Simmons’ wallet in Mr. Simmons’ back pocket, took the money out, counted it, and put the $95 in his pocket. Walker began looking for items he might be able to sell. He went to the kitchen and drank another beer again.

Walker untied Mr. Simmons and began collecting the belts, the electric cord, the sticks, the cane, and the beer cans. Walker put the items in a pillow case and tried to wipe fingerprints off anything he thought he touched. Walker was naked and his clothes were covered with blood, so he found a pair of Mr. Simmons’ pants and a t-shirt and put them on.

Walker left through the back door. He closed and locked the front door when he noticed the Simmons’ neighbors were awake.

In a later description of the same events, Walker was said to have clubbed Virginia Simmons and her husband, Willie “Bo” Simmons, at their Daingerfield home. The attack used pieces of railroad tie about the size of a baseball bat, and Walker was said to have been high on crack cocaine.

Investigation

The following day, police found Walker’s blood-soaked clothes in a hole behind his house. After police confronted him, Walker agreed to go to the Morris County courthouse to answer questions.

Walker confessed to the crime at the courthouse. His confession was supported by forensic evidence presented at trial demonstrating that the blood on his clothes was of the same type as the victims. The evidence also revealed that Walker’s sperm was found on Mrs. Simmons.

Arrest

Walker was arrested the next day after police found his bloodstained clothes in a hole behind his house, in a small hole.

Trial

Walker was indicted in the 276th Judicial District Court of Morris County, Texas, for the capital offense of murdering Virginia Simmons while in the course of committing and attempting to commit aggravated sexual assault.

After Walker pleaded not guilty, a jury found him guilty of the capital offense on Nov. 15, 1993. After a separate punishment hearing, on Nov. 17, 1993, the court assessed Walker’s punishment at death.

At trial, Walker disputed his confession. He testified that other men with him were responsible for the slayings, although he did not deny the rape. Evidence at trial showed Walker was alone.

The prosecution presented Walker’s clothes, which were soaked with blood matching both victims, as evidence. The evidence also showed that Walker’s sperm was found on Virginia Simmons’ body.

Sentencing

Appeals

Walker’s conviction and sentence were automatically appealed to the Texas Court of Criminal Appeals, which affirmed in an unpublished opinion on Oct. 30, 1996.

Walker petitioned the Supreme Court of the United States for writ of certiorari, but the Court denied the writ on Oct. 6, 1997.

Walker filed a state application for writ of habeas corpus in the trial court on Aug. 4, 1997. The trial court entered findings of fact and conclusions of law recommending that Walker’s application be denied. With the exception of three of the trial court’s findings, the Court of Criminal Appeals adopted the findings and conclusions of law of the trial court and denied the application in an unpublished order on Sept. 30, 1998.

Walker then filed a federal habeas petition in the United States District Court for the Eastern District of Texas, Beaumont Division, on March 22, 1999. The federal district court denied habeas relief on Dec. 8, 2000. On Feb. 9, 2001, the district court granted Walker permission to appeal with regard to one claim: whether Walker’s counsel was ineffective in making an incorrect argument concerning the law of “reasonable doubt.” The United States Court of Appeals for the Fifth Circuit rejected that claim and affirmed the district court’s judgment on Aug. 7, 2001.

Walker subsequently petitioned the Supreme Court for certiorari review. The Supreme Court denied the petition on May 20, 2002.

Outcome

The Texas Board of Pardons and Paroles rejected a commutation request by a 17-0 vote. No 11th-hour appeals were filed in the courts.

Walker declined to see his wife in the hours before his lethal injection, and his lawyer said Walker “didn’t see any point” to seeing either his wife or a family visit.

Final statement and execution events

Walker made a final statement in which he said goodbye to a friends in Europe and expressed love to two pen pals in Europe. He also said, “And to my family, nothing.”

Walker began reciting the Lord’s Prayer. When he reached the words, “Thy kingdom come,” he stopped and said, “Help me, chaplain.” The chaplain continued saying the prayer as Walker gasped and sputtered several times. When he stopped breathing, a tear rolled out of his right eye onto his cheek. Walker was pronounced dead at 6:16 p.m.

In a written statement, Walker said he was sorry for the crime and asked the victim’s family if they “can find it in their hearts to forgive me, but if not I will understand.” Walker asked for forgiveness from the Simmons family and wrote:

I wish to tell the family how sorry I am about what I done. I know that nothing I say will bring Mr. and Mrs. Bo Simmons back. I ask that Linda and Gary [the couple’s children] and their family can find it in there [sic] hearts to forgive me, but if not, I will understand, I am truly sorry.

Richard Townsend, the former Morris County district attorney who prosecuted Walker, said:

“If you're going to confess to murder, that's probably bad enough but when you put the details in that he did, that's what got him the death penalty. He talked about doing things like sexually assaulting the elderly woman, then getting a beer in the kitchen and drinking a beer and trying to sexually assault her again when she was dead. He went into detail that made him look like a monster.”

Buck Files Jr., Walker’s lawyer, said:

“There are simply no meritorious issues we could urge in good faith,” and later: “After five years and nine or 10 months, I have no more rabbits to pull out of the hat.”

Files also said:

“As he put it, he didn't see any point to it.”

ClarkProsecutor.org Texas Attorney General Media Advisory Thursday, Sept. 5, 2002 Tony Lee Walker Scheduled to be Executed included a statement from Texas Attorney General John Cornyn offering information on Tony Lee Walker and stating that Walker was scheduled to be executed after 6 p.m. on Tuesday, Sept. 10, 2002.

Walker was described as having expressed love to pen pals and as having begun his final statement and Lord’s Prayer before the lethal injection began. He was executed in Huntsville, Texas.

Aftermath

The Texas Board of Pardons and Paroles denied the commutation request by a 17-0 vote. Walker did not give interviews while on death row.

Walker corresponded with an anti-death-penalty web site and wrote a letter in which he urged readers to buy woodcraft items such as clocks and jewelry boxes. Walker wrote:

“I have always been infatuated, working with wood.”

Walker also wrote a letter dated 30th August, 1998 from Death Row inmate “#999082” in Ellis One Unit, Huntsville, Texas to his penfriend in Switzerland. In the letter, Walker signed as “Big Tuck,” and included the following quoted text intended for an advertisement:

“Hello from Texas, Death Row USA. My name is Mr. Tony Lee Walker, my number is 999082. I am one of the over 400 inmates housed here at Ellis One, in Huntsville, Texas, awaiting to be put to death by lethal injection. I will also add that I'm not just sitting around, waiting to die. Since I arrived here at Ellis One, I picked up a hobby making jewelry boxes and clocks. I have always been infatuated, working with wood. I'm told that Death Row Arts & Crafts are sold for high dollars but mine are not. My crafts are at a set price. I'm just trying to make ends meet. These beautiful crafts are all hand made and are one of a kind! They will be cherished for all years to come. A lovely present! A beautiful gift for all ages! Ordering one or many of my crafts items will help me. Please order now. Thank you and God bless us all!”

Walker’s final meal was listed as French fries, five pieces of fried chicken, and three Dr. Peppers.

Walker’s age at execution was listed as 46 in one account.