Michael Lee Wilson

Case details

Michael Lee Wilson was tried in Tulsa County District Court, Oklahoma, in Case No. CF-95-1024.

He was charged conjointly with codefendants Billy Don Alverson, Darwin D. Brown, and Richard Harjo with:

• Count one: first degree malice murder and, in the alternative, first degree felony murder (21 O.S.1991, § 701.7(A & B)).
• Count two: robbery with a dangerous weapon (21 O.S.1991, § 801).

The State filed a Bill of Particulars alleging three aggravating circumstances.

A jury trial was held before the Honorable E. R. "Ned" Turnbull, District Judge.

The offence

Michael Wilson and Richard Yost worked at a QuikTrip convenience store located at 215 North Garnett Road in Tulsa, Oklahoma.

The plan commenced on February 25, 1995. Wilson and his three friends planned to rob the convenience store at least two weeks before the crime occurred. Wilson completed his shift at 11:00 p.m., with Yost beginning his shift at that time.

During the early morning hours of February 26, Wilson and his three friends entered the store and waited for the most opportune time to accost Yost. The QuikTrip surveillance camera captured the events.

Yost was cleaning the windows on the coolers with Wilson and the codefendants surrounding him. As Yost was walking near a passage way to the back room, all four defendants attacked him and dragged him to the back room.

Billy Alverson came back out, picked up some items knocked from the shelves, and kept watch for customers. Alverson and Richard Harjo walked out of the store. While they were going out, Yost was yelling and screaming for help. Alverson and Harjo re-entered the store, and Harjo carried a black aluminum baseball bat into the store. The surveillance camera picked up the sounds of the bat striking Yost.

Circumstantial evidence showed that the baseball bat struck the handcuffs on Yost’s wrists which Yost was holding above his head to ward off the blows.

As the blows were being struck, Wilson walked from the back room, checked his hands, put on a QuikTrip jacket, got behind the counter, and tried to move the safe. While Wilson was behind the counter, several customers came in. Wilson greeted them with a friendly greeting, sold them merchandise, and said “thank you, come again” or “have a nice day.”

Wilson continued attempting to pull the safe from underneath the counter, took money from the cash drawer, and pulled money out of the currency change machine. After this, Wilson left the counter area and took the video from the surveillance camera recorder. The defendants then loaded the safes into Wilson’s car using a dolly from QuikTrip.

Yost’s body was discovered by Larry Wiseman, a customer, at about 6:00 a.m. Yost was laying on the floor in a pool of blood, milk and beer. Yost’s ankles were taped together with duct tape. One handcuff was found near Yost’s body, and the other cuff was missing from the scene.

Detectives learned that Wilson was at the store between the hours of 4:00 a.m. and 6:00 a.m.

Investigation and police actions

Wilson failed to show up for work at the scheduled time of 3:00 p.m. on the same day.

Officer Allen set up surveillance on Wilson’s house. At about 4:00 p.m., Officer Allen spotted Wilson get into a gray vehicle. The vehicle was stopped, and Wilson was taken into custody.

Also arrested were the other occupants in the vehicle: codefendants Alverson, Harjo, and Darwin Brown.

Large sums of money were recovered from all of the defendants except Wilson.

Wilson was questioned by Detective Folks. Wilson told Folks that:

• They planned on robbing the QuikTrip.
• Wilson knew Yost would be killed.
• They had been talking about the robbery for about two weeks.
• The plan was for Wilson to assume the role of sales clerk once Yost was “taken care of.”

Officers searched Alverson’s place of abode and discovered the drop safe, the dolly, QuikTrip glass cleaner, money tubes, and the store surveillance video tape. A search of Wilson’s house found nothing of value.

The next day, Wilson’s mother called Officer Makinson to come to her house. Detectives found several items of evidence on the front porch, including the baseball bat, a bloody QuikTrip jacket with Yost’s name on it, Wilson’s Nike jacket matching the one worn in the store video, and the other cuff of the set of handcuffs.

Trial

Evidence and timeline during the crime

Evidence presented at trial included the QuikTrip surveillance-camera recording. The Oklahoma Court of Criminal Appeals described an exchange in which Wilson asked Yost, “For real?” shortly before the assault began, after Yost said he hoped to become store manager someday.

The court described the beating as involving a black aluminum baseball bat and described Yost as handcuffed during the beating.

The Oklahoma Court of Criminal Appeals also described the sequence in which Wilson donned a QuikTrip jacket, greeted customers, sold merchandise, and attempted to remove the safe while the assault occurred.

Guilt phase

Wilson was found guilty of first degree murder and robbery with a dangerous weapon.

The Oklahoma Court of Criminal Appeals described the jury as finding guilt as to the murder and the robbery.

Punishment stage and aggravating circumstances

After the punishment stage, the jury found the existence of all three aggravating circumstances:

• The murder was especially heinous, atrocious or cruel.
• The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.
• The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

The aggravating circumstances referenced 21 O.S.1991, § 701.12 (4),(5) & (7).

Wilson was sentenced to death.

Wilson was also sentenced to life for robbery with a dangerous weapon.

Sentencing

Wilson received a death sentence for murder in the first degree.

He also received a life sentence for robbery with a dangerous weapon.

Appeals

Oklahoma Court of Criminal Appeals (Wilson v. State)

The Oklahoma Court of Criminal Appeals case was identified as Wilson v. State, 983 P.2d 448, decided 12/31/1998, Case Number F 97-491 (1998 OK CR 73).

The Court of Criminal Appeals:

• Determined that Wilson’s conviction for robbery with a dangerous weapon violated double jeopardy and ordered that the conviction for robbery with a dangerous weapon be dismissed (ordering reversal and remand with instructions to dismiss).
• Affirmed Wilson’s conviction for murder in the first degree and affirmed his death sentence.

The Court described mandatory sentence review under 21 O.S.1991, § 701.13(C), and concluded that:

• The sentence of death was imposed under circumstances consistent with statutory review requirements.
• The evidence supported the jury’s findings of the aggravating circumstances.
• The jury’s determination that aggravating circumstances outweighed mitigating circumstances was amply supported by the record.

Federal appellate review (United States Court of Appeals for the Tenth Circuit)

The case was styled: Michael Lee Wilson, Petitioner-Appellant v. Marty Sirmons, Warden, and Michael Lee Wilson v. Anita Trammell, Interim Warden, Oklahoma State Penitentiary; and an appeal from the United States District Court for the Northern District of Oklahoma (Tulsa County).

The appeal referenced:

• A procedural history in which the Oklahoma Court of Criminal Appeals ordered dismissal of the robbery conviction but affirmed the murder conviction and death sentence.
• Federal habeas proceedings under 28 U.S.C. § 2254.
• An evidentiary hearing related to claims of ineffective assistance of counsel during the penalty phase.
• Denial of habeas relief and affirmation of that denial by the United States Court of Appeals for the Tenth Circuit.

The Court of Appeals concluded that Wilson had not shown that the state-court adjudication should be disturbed and affirmed the district court’s denial of the claims under § 2254.

Execution and last statements

Michael Lee Wilson was executed by lethal injection in Oklahoma on January 9, 2014.

He was put to death at 6:06 p.m.

Wilson gave brief remarks twice during the process. His last words were: “I feel my whole body burning.”

He also stated:

• “I love everybody. Free is free,”
• “I am going home; I’m ready to go. I love you, world.”
• “Love my daughters for me. I’m going to miss you always.”
• “I love the world,”
• and “I’m going to miss you always.”

Wilson’s sister, Staci Wilson, sang a hymn during the execution, including the line, “His soul is resting and it’s a blessing.” When Wilson was pronounced dead, she recited Psalm 23.

Yost’s widow, Angela Yost, issued a written statement after the execution.

Other details

Co-defendants and related outcomes

The Oklahoma Court of Criminal Appeals identified codefendants as:

• Billy Don Alverson
• Darwin D. Brown
• Richard Harjo

In related proceedings described in the materials:

• Two other men were executed for the crime in 2009 and 2011.
• A fourth defendant was sentenced to life in prison.

Locations referenced

The murder occurred at:

• QuikTrip store, 215 North Garnett Road in Tulsa, Oklahoma.

Wilson was executed at:

• Oklahoma State Penitentiary in McAlester, Oklahoma.

People named in relation to the case

Witnesses and participants mentioned included:

• Richard Yost (victim)
• Larry Wiseman (customer who discovered the body)
• Detective Folks (questioned Wilson)
• Officer Allen (surveillance and custody)
• Officer Makinson (called to Wilson’s mother’s house)
• Detective and police witnesses referenced in the materials
• Tulsa Assistant District Attorney James D. Dunn
• State Attorney General’s Office counsel identified as Jennifer B. Miller in the federal appellate record
• Warden Anita Trammell (Interim Warden)
• Marty Sirmons (Warden referenced in the federal appellate caption)
• Jerry Massie (prison spokesman referenced in the execution coverage)

Family members named included:

• Wilson’s mother, Patricia Taylor
• Wilson’s sister, Staci Wilson
• Wilson’s fiancee (sobbed beside Wilson’s mother)
• Yost’s widow, Angela Yost
• Yost’s mother, Alma Dorn
• Yost’s two grown sons (ages 2 and 8 at the time of the killing)

Prison and clemency references

The materials described a clemency request that was rejected by the Oklahoma Pardon and Parole Board on a four to one vote, and included an account of arguments presented by an Assistant Attorney General identified as Jennifer Miller.