2004 Executions - Billy Frank Vickers :

Eighth murderer executed in the U.S. in 2004.
Executed January 28, 2004 at 6:21 p.m. in Texas by lethal injection.

Summary: On January 28, 2004, Billy Frank Vickers was executed for the capital murder of Phillip Kinslow.

Statistical Data:

Murderer - Billy Frank Vickers

• Date of Birth - July 30, 1945
  
• Race - White
  
• Sex - Male
  
• Age when crime committed - 47
  
• Age when executed - 58
  

• Date of Sentence - October 13, 1993

Victim - Phillip Kinslow

• Date of Murder - March 12, 1993
  
• Race - White
  
• Sex - Male
  
• Age when murdered - 50
  
• Method of Murder - Handgun
  
• Relationship to Murderer - None

Details of the Crime:

Phillip Kinslow operated a combination gas station and grocery store in Arthur City, Texas. It was common for Kinslow to bring a satchel of the store's bank deposit home with him on a daily basis. He also displayed a loaded gun in an effort to ward off any potential harm as he transported the large sums of money from the business to his home.

On March 12 1993, Mrs. Dania Kinslow heard rapid gun fire in the front of her home. She looked out and saw her husband driving toward the house then crashing into a tree. Mrs. Kinslow found Kinslow dead in the front seat of his truck. Also found was a money bag, Kinslow's handgun, and several .38 caliber shells.

It was determined through an autopsy that Kinslow had received three gun shot wounds; one in his chest and two in his right arm and a .22 caliber bullet was recovered during the exam.

The Investigation:

On March 13, police reported to a call about a suspicious person who was walking with crutches made from tree branches, just two miles from the Kinslow home. When they arrived, they found Billy Vickers limping along the street with what appeared to be gunshot wounds to his leg. He was taken to the hospital where a bullet was found lodged in his knee.

The Evidence:

The bullet in Vickers's knee came from Kinslow's handgun found in the front seat of his truck. Investigators also matched a shoe print found near the crime scene with a shoe that Vickers was wearing when he was picked up by the police. Also recovered was a hat that was found later to contain hairs that matched hair taken from Kinslow. In Vickers' home, police found .22 caliber shells matching those that killed Kinslow. Vickers was placed under arrest for the murder of Phillip Kinslow.

Testimony in the Case:

Jason Martin, one of Vickers' co-defendants, who testified pursuant to a plea agreement, recounted how he, Vickers, and Tommy Perkins decided to rob Kinslow. Martin, Vickers, and Perkins went to Kinslow's store on at least four occasions in preparation for the robbery. During one trip to the store, the group followed Kinslow's truck back to his home in order to discover where he lived. Looking around his home the group decided on an area that would be best to ambush Kinslow.

On the day of the murder the plan was for Martin to drive the car while Perkins and Vickers ambushed Kinslow. As Perkins and Vickers approached Kinslow an exchange of gunfire between Kinslow and Vickers erupted. Both men were shot and Kinslow fled in his truck. Vickers was unable to move very fast so Perkins left him to find Martin and the car. Unable to locate Martin, Perkins decided to leave the area.

A jury convicted Vickers of capital murder in October 1993 and sentenced him to death.

Past Criminal Record:

Vickers's criminal record included - burglary, being a felon in possession of burglary tools, burglary with intent to commit theft and a federal conviction for being a felon in possession of a firearm. Vickers had also been convicted of arson and conspiracy to commit arson in Lamar County.

Procedural History:

• Dec. 18, 1996 - Vickers' conviction and sentence affirmed by Texas Court of Criminal Appeals in an unpublished opinion.
  
• Oct. 14, 1997 - The United States Supreme Court denied certiorari review.
  
• Jan. 22, 1998 - Vickers filed an application for writ of habeas corpus in the state trial court.
  
• Oct. 7, 1998 - The Court of Criminal Appeals denied habeas relief.
  
• Mar. 10, 1999 - Vickers filed second application for habeas writ in Court of Criminal Appeals.
  
• June 9, 1999 - The Court of Criminal Appeals dismissed the second state habeas application.
  
• July 14, 1999 - Vickers filed a petition for writ of habeas corpus in the U.S. District Court.
  
• Mar. 20, 2001 - The federal district court denied habeas relief.
  
• July 8, 2003 - The Fifth Circuit denied permission to appeal.
  
• Aug. 19, 2003 - The trial court entered an order setting the execution date for Dec. 9, 2003
  
• Oct. 6, 2003 - Vickers petitioned the United States Supreme Court for certiorari review.
  
• Dec. 8, 2003 - Vickers and two other inmates file suit in federal court, challenging the use of one of the drugs used to execute prisoners in Texas. A Houston federal judge dismissed the suit the day it was filed. Vickers appealed the case to the 5th U.S. Circuit Court of Appeals.
  
• Dec. 9, 2003 - 5th Circuit Court of Appeals rejected the appeal by Vickers and two other inmates.
  
• Dec. 10, 2003 - 5th Circuit Court of Appeals declined request for suit to be considered by full court.
  
• Dec. 9, 2003 - The U.S. Supreme Court denied Vicker's petition for a writ of certiorari.

The Execution: Vickers's final meal consisted of a four-egg omelet, a bowl of chili, fried bologna, four pieces of toast, four slices of cheese, fried potatoes with a bowl of gravy, sliced tomato, hot coffee and black walnut or vanilla ice cream.

His final words were lengthy and he made an effort to exonerate Martin and Perkins as well as two other convicted murderers.

Vickers was pronounced dead at 6:21 p.m. by lethal injection.