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Texas Department of Criminal Justice - Executed Offenders (Robert Carter)

Texas Department of Criminal Justice

Texas Attorney General Media Advisory

AUSTIN - Texas Attorney General John Cornyn offers the following information on Robert Earl Carter who is scheduled to be executed after 6 p.m., Wednesday, May 31st:

FACTS OF THE CRIME In February of 1994, Robert Earl Carter was found guilty and sentenced to death for the 1992 murders of six people, one of whom was his 4-year-old son.

In the early morning hours of Aug. 18, 1992, firefighters responded to a house fire in Somerville, Burleson County, Texas. Inside the house, the bodies of Bobbie Davis (age 45), Nicole Davis (age 16), Lea Erin Davis (age 5), Brittany Davis (age 6), Jason Davis (age 4), and Denitra Davis (age 9) were discovered. Autopsies of the victims showed that Bobbie was stabbed at least 29 times in the head and neck, all of which penetrated her brain. Nicole was shot five times in the head and was stabbed in the head and chest. Lea Erin, Brittany, Jason, and Denitra were each stabbed in the head and chest between seven to 13 times The fire, which caused extensive damage to the home and to the bodies of the victims, was determined to have been set by someone pouring gasoline or a similar substance in each bedroom and living room, as well as on each body, and then igniting it.

Robert Earl Carter, who was employed as a state prison guard, was the father of Jason Davis. Denitra was Jason's half-sister, and Bobbie was Jason's maternal grandmother. The other three victims lived with Jason and Denitra in the same home, which was owned by Bobbie. Jason's mother, Lisa Davis, also lived with her mother, Bobbie, but she was at work the time of the murders. On Aug. 6, 1992, Lisa Davis had filed a paternity suit against Carter seeking child support in excess of the $100 per month he had been voluntarily paying for Jason's support. Carter was served with the paternity lawsuit on Aug. 14.

Carter's wife, who went by the nickname Cookie, received news of the fire and six deaths shortly after she reported to work at about 6 a.m. on the morning of the fire. A co-worker called Carter at home to come get Cookie, who was very upset, but Carter hung up without comment. A supervisor subsequently called Carter. The co-worker testified it normally takes 15-20 minutes to drive from Carter's residence to the Brenham State School, where she and Cookie worked, but Carter did not arrive until 30-45 minutes after being called.

The co-worker also testified she saw Carter arrive and that he wore a baseball cap pulled down on his head and a long sleeved- jogging suit. She testified Carter kept his hands in his pockets and had "splotches" on his face. Later that afternoon, Carter was treated for recent second-degree burns to his left palm, both ears, and nose by Dr. Mark English.

The next day, Aug. 19, Carter told Lisa Davis that he had been burned when, while mowing his lawn, he had ignited some gasoline that he had thrown on the grass and the fire blew up in his face. During a follow-up visit to Dr. English's office on Aug. 21, Cookie told one of the attending nurses that she did not want Carter's ears to be bandaged because he would "stand out at the funeral" they planned to attend the next day. The funeral service for the victims was held in the gymnasium of the local high school on the Saturday following the deaths, Aug. 22. Photographs and videotapes of a man identified as Carter with bandages on his face in attendance at the funeral were introduced at trial. Several individuals, including police officers, testified they saw Carter, with bandages on his face, at the funeral.

After the funeral service, Carter, accompanied by Cookie, voluntarily drove to the Brenham DPS office at the request of Texas Rangers. Rangers interviewed Carter concerning his burns. Carter told the Rangers that he had accidentally burned himself on the morning of Aug. 18 while attempting to burn some grass with gasoline. The Rangers then went to Carter's residence to verify his story. The Rangers found a small patch of burned grass, immediately adjacent to the front porch of Carter's house. However, the burned area was six inches wide by three and one-half feet long; nothing of the nature to have caused Carter's burns. When they returned, the Rangers told Carter that they did not believe his story. Carter then agreed to accompany the three Rangers to the DPS regional office in Houston for further questioning. After three hours of questioning, Carter retracted his earlier story about his burns. He then gave a taped statement saying he was with Anthony Graves, who is Cookie's cousin, at the scene of the murders and was burned inside the residence or near the front door of the residence after it was set on fire.

In the taped statement, Carter claimed he and Graves drove to the house and Graves went inside. After he heard a shout, he went in the house and saw Bobbie Davis lying in the living room and heard screams from within the house. He claimed he saw blood everywhere and saw Graves go from room to room. Then it got "all calm" and he observed Graves "pouring gas everywhere" from a gas can. He claimed he then left and reentered the house where he was burned. Upon leaving the scene, the gas can was thrown out the window. Later in his statement, Carter said he burned his clothes and threw the remains in the trash. He admitted he saw blood all over Bobbie Davis, who was slumped over. He also admitted hearing gun shots from the back bedroom and seeing three other dead bodies, one of whom was his son, Jason. He admitted the story about getting burned while using gas to burn grass was an "excuse."

The next day, Aug. 23, a search of Carter's residence revealed a box of .22 caliber bullets. A fingerprint on the box matched Carter's right thumb print. An FBI agent determined that one of the bullets removed from Nicole's body had the same elemental composition as two of the unfired bullets contained in the box from Carter's residence. The agent stated that the bullet recovered from Nicole's body and the two unfired bullets came from the same box of ammunition or from two different boxes of ammunition that were manufactured by Winchester Western on the same day.

Three days later, Aug. 26, Carter testified before the Burleson County grand jury that was investigating the murders. Although Carter told the grand jurors that he had fabricated the story he had told the Rangers in the tape recorded statement, he added additional details to the alleged fabricated story and, under questioning, would confirm details of his tape recorded statement. Carter also said that he had spoken with Graves in the jail before testifying to the grand jury, and knew that Graves had previously testified before the grand jury. Carter told the grand jurors that he was concerned about the financial burden of increased child support that probably would be the result of Lisa Davis' paternity suit. He also testified he had owned a .22 pistol but it had been stolen six months before the murders. He did not report the theft to his wife or to the police. He did admit he was at the site of the murders that night and he had driven to Houston a day or so later to trade in the Sunbird he drove that night. He conceded that, on Aug. 22, during questioning by the Rangers, he had asked several times to talk to the district attorney in order to "make a deal."

Gregory Burns, confined in the Burleson County jail on a charge of attempted murder, testified that his cell was near the separate cells in which Graves and Carter were confined. Burns testified he heard Carter tell Graves, "We shouldn't have done it," and Graves respond, "Well, why did you put my name in it?"

After he was convicted and sentenced to death for these murders, Carter testified at Graves' trial for capital murder. Carter testified that he and Graves went to the Davis home in the early morning hours of Aug. 18. Carter was armed with a hammer and a .22 pistol. Graves had a knife. Upon entering the residence, Carter hit Bobbie Davis with the hammer then Graves began stabbing her. Nicole suddenly appeared and Carter chased her into a bedroom where he shot her several times. Carter said he then went outside and retrieved a gas can from his car. He reentered the house, pouring gasoline on Bobbie and in the living room where she was located. He then went to the bedroom where he had shot Nicole and poured gasoline on her and another body he found there. He proceeded to the two other bedrooms, pouring gasoline on the bodies he found in each room. Carter said he burned himself while attempting to flee from the fire.

After getting Cookie from her job, Carter said he burned a small patch of grass at his residence and threw himself on the fire to re-burn himself. Observing that his car had dried blood all over it, Carter cleaned the blood off the car with gasoline. Carter then gathered the clothes he had been wearing during the murders and the weapons he and Graves had used and drove to a rural area. Carter burned his clothes at one location, then disposed of the pistol, knife, and hammer at separate locations. A day or two later, Carter traded in the vehicle he drove during the murders for a new car. Prior to testifying before the grand jury, Carter said that Graves physically and verbally threatened him when the two were in jail. As a result, Carter said he told the grand jurors that he had fabricated his statements to the Rangers that Graves was involved. Several people testified at Graves' trial that they had overheard Carter and Graves talking in jail where the two discussed the need to protect Cookie from being implicated in the murders.

PROCEDURAL HISTORY

In Sept. 1992, Carter was indicted in the 21st District Court of Burleson County, Texas, for the capital offense of murdering six individuals during the same criminal transaction. The case was tried on a change of venue to Bastrop County, Texas, where Carter entered a plea of not guilty. A jury found Carter guilty of the capital offense on Feb.8, 1994. A separate punishment hearing ensued, and, on Feb.11, 1994, the jury answered affirmatively the first two special punishment issues and answered in the negative the third special punishment issue submitted pursuant to state law. The trial court assessed punishment at death.

Appeal was automatic to the Texas Court of Criminal Appeals, which affirmed the conviction and sentence on May 8, 1996, and denied rehearing on June 26, 1996. The United States Supreme Court denied certiorari review on Feb. 24, 1997. Carter next filed an application for state writ of habeas corpus with the convicting court on Oct. 6, 1997, which was denied by the Court of Criminal Appeals on Nov. 19, 1997. Carter did not petition the Supreme Court for certiorari review. Carter next filed a federal habeas petition in the United States District Court for the Western District of Texas, Austin Division, on Aug. 28, 1998.

On Mar. 18, 1999, the district court entered an order denying habeas relief. Carter timely filed notice of appeal, and the district court granted Carter permission to appeal two issues. The United States Court of Appeals for the Fifth Circuit affirmed the judgment of the district court on Nov. 2, 1999, and denied rehearing on Dec. 22, 1999. Carter next filed a petition for writ of certiorari which is pending before the Supreme Court.

PRIOR CRIMINAL HISTORY - No evidence of prior convictions was presented at trial.

DRUGS AND/OR ALCOHOL - No evidence was presented demonstrating that the murders were attributable to drug or alcohol use.

ProDeathPenalty.Com

Anthony Graves and Robert Earl Carter were convicted of capital murder after going into a Somerville home in 1992 where they stabbed or shot 6 people: Bobbie Davis, 45; her daughter Nichole Davis, 16; her grandchildren De'Nitra Davis,9; Lea'Erin Davis, 5; Brittany Davis, 6; and little Jason Davis, 4, who was stabbed to death as he cowered beneath a pillow. With the exception of Nicole, each victim died from multiple stab wounds; Nicole was killed by five gunshots to her head. After the murders, the killers poured gasoline on the bodies and set the house on fire in an effort to conceal the murders. Carter, who had recently been named in a paternity suit filed by Jason's mother, another daughter of Bobbie's, attended funeral services for the family wrapped in bandages for severe burns apparently suffered in the house fire. Graves was upset with Bobbie Davis because he believed she received a promotion at the Brenham State School that Graves' mother deserved. Carter and Graves went to Davis' house to settle their disputes. "The 4 slain children just happened to be in the house," according to an appellate ruling. Graves was also sentenced to death.

Texas Execution Information Center

Robert Earl Carter, 34, was executed on 31 May by lethal injection in Huntsville, Texas for the murder of six people.

Carter, a former correctional officer, was one of three persons charged in the murders of Bobbie Joyce Davis, 45, her daughter Nicole, 16, her granddaughters Denitra, 9, Lea'Erin, 5, and Brittany, 6, and her grandson Jason, 4. All of the murders occurred at Bobbie Davis' home. Bobbie Davis was stabbed 29 times in the head and beaten with a blunt object. Nicole was killed by five gunshots to the head and chest and was also stabbed. All the other victims died from between seven and 13 stab wounds each. Jason, the 4-year-old boy, was Carter's son. He was stabbed to death as he cowered under a blanket. The murderers then poured gasoline over the bodies and burned them, setting the house afire.

Four days before the murders, Carter, then 36, had been named in a paternity suit filed by Lisa Davis, the child's mother. Court records show that Carter was upset with the lawsuit, which was a step towards seeking child support for Jason. Authorities believe that the Carter and his co-defendant, Anthony Charles Graves, went to Davis' house intending to confront Lisa, but found that she was at work at the time. They got into an argument with Bobbie Davis and Graves stabbed her, then Carter shot Nicole when she came out and recognized him. Court records also show that Graves was upset with Bobbie Davis over a work promotion she received that he felt his mother deserved.

Carter attended funeral services for the victims with his head and arms in bandages for severe burns apparently suffered in the house fire. He was arrested the next day. During questioning, he acknowledged setting the house afire but blamed Graves for the murders. At Graves' 1994 trial, Carter testified that he himself shot Nicole Davis. Graves was also convicted of capital murder and is on Texas' death row, with no execution date currently scheduled. Carter's wife, Theresa Ray Carter, was also originally named as a co-defendant, but no information was available about her case.

At his execution, Robert Carter claimed full responsibility for the entire incident. "It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court. My wife had nothing to do with it. Anthony Graves don't even know anything about it. My wife don't know anything about it." He also expressed sorrow for the Davis family, love for his own family, and proclaimed his faith in Jesus Christ. He was pronounced dead at 6:20 p.m.

APBNews Online

"Ex-Prison Guard Executed in Texas; Claims Convicted Accomplice Not Guilty."

(June 1, 2000) HUNTSVILLE, Texas (AP) -- A former prison guard convicted of killing his 4-year-old son and five other people in 1992 was executed Wednesday after claiming his accomplice was innocent. Before receiving his lethal injection, Robert Earl Carter, 34, said the crimes were his doing and another man convicted along with him, Anthony Graves, was innocent. "I'm sorry for all the pain I've caused your family," he said, looking at six relatives of the victims. "It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court." A few hours after the Texas execution, Oklahoma executed a man convicted of killing his girlfriend.

Convicted of killing six Carter and Graves were convicted of murdering Bobbie Davis, 45; Nicole Davis, 16; Denitra Davis, 9; Brittany Davis, 6; Lea'Erin Davis, 5; and Jason Davis, 4. Jason was Carter's son; he was stabbed to death as he cowered under a blanket. The victims had been stabbed, shot or both when they were discovered by firefighters responding to a blaze at a home in Somerville, about 20 miles southwest of College Station. Jason's mother, Lisa Davis, was at work at the time of the killings. Authorities believe the men intended to confront her; court records show Carter was upset that she had named him in a paternity suit so she could seek child support for Jason. Graves, 34, also was convicted of capital murder and is awaiting an execution date. Carter originally blamed Graves for all the murders, but at Graves' trial in 1994, Carter testified that he was the one who shot Nicole.

CBSNews Online

Governor George W. Bush recently commented that he believes Texas has never executed an innocent man during his tenure. CBS News Correspondent Bob McNamara reports that there is a man now on death row who could possibly become the first.

The crime was horrific. Two women and four children were shot, stabbed and burned to death seven years ago in Somerville, Texas. Sentenced to die for the killings were Robert Earl Carter and the man Carter testified was his accomplice, Anthony Graves. Carter was executed by lethal injection on May 31. For years leading up to his death, Carter said, as he did on a defense attorney's videotape in 1997, that he lied, and that Anthony Graves was innocent of the killings. "Anthony Graves did not have any part in the murders and was not present before, during or after I committed the multiple murders at the Davis home," said Carter.

Even as late as two weeks ago, in an 85-page deposition obtained by CBS News, Carter told state and federal prosecutors at least eight times that Anthony Graves did not have a role in the murders. When Carter was asked if that meant his testimony at Graves' trial that resulted in his conviction and death sentence was false, Carter answered: true. When asked if he lied, Carter said, "I lied." Charles Sebesta was the prosecutor in the case. "I think he was there. I think he participated. I think the physical evidence proves it," says Sebesta.

Neither a murder weapon nor Graves' fingerprints were found. But Sebesta says he's satisfied Graves deserves execution. "I'm convinced beyond a reasonable doubt that Anthony Graves is guilty," he says. Roy Greenwood, Graves' defense attorney, rebuts Sebesta's statement. "They don't have any testimony putting him there. They have no physical evidence. They don't have a confession; they don't have anything," says Greenwood. "This case is unreliable. Every bit of it."

Graves' brother, Arthur Curry Jr., has always insisted that Graves was home with him the night of the murders. "There is no justice, especially here in Texas. Had he done that and I knew it, I could not have hid the truth knowing that someone's family was in torture," says Curry. Graves has not been given an execution date. His lawyer is seeking a new trial.

Anthony Carter Homepage

Greetings,

My name is Anthony Graves. I am on death row in Texas awaiting execution for a crime I did not commit and had no connection with. It was a horrible crime. A whole family, a mother, daughter and four grandchildren, were stabbed, shot and bludgeoned to death. Then the house was set on fire and the bodies were burned. A man named Robert Carter confessed to the crime. The prosecutor was not satisfied with that confession. He believed that someone else was involved. So he threatened to indict Carter’s wife unless Carter named an accomplice. To protect his wife, Carter named me. Immediately afterward he recanted that and insisted that I had nothing to do with the murders.

At the time of the crime I was at home with my brother, my sister and my girl friend. At the trial, two and one-half-years later, the prosecutor threatened to indict my girl friend as an accomplice in order to frighten her from testifying as my alibi witness. Then he ridiculed my brother’s alibi testimony. And he again threatened to convict Carter’s wife unless Carter changed his story and testified against me. There was no other evidence against me. I never knew the victims. I only barely knew who Carter was. I had never been involved in any crime and had no prior record.

My case has never been investigated. I have always had court appointed defense attorneys who do not have the money allowed them by the court for investigation. I have a very good attorney but I desperately need to hire an investigator. I am fighting for justice, to save my life. I ask for your help.

My family and I have established, “The Anthony Graves Legal Defense Association,” in order to raise the funds to fight for my life and my freedom. Contributions should be made payable to this Association and sent to my sister, Demetria Williams, P. O. Box 201023, Austin, TX 78720, who is president of the Association. The Association is now being registered with the IRS as a non-profit, public charity, so that contributions will be tax deductible.

I welcome letters sent directly to me at: Anthony Graves #999127, Terrell Unit, 12002 FM 350 South, Livingston, TX 77351. You may learn more details about my case at: http://oranous.com/texas/graves/Graves.html. Please help save my life.

(Friends: Anthony is desperately trying to raise funds for investigators to prove his innocence. If you can help in any way please do so. We cannot let an innocent man die because of a lack of funds Please make checks or money orders out to The Anthony Graves Legal Defense Association: And mail to Bonnie Caraway..President, P.O. Box 545, Hardin Texas 77561)

The Lamp of Hope (Associated Press)

(05-31-00) HUNTSVILLE, Texas (AP) -- Former prison guard Robert Earl Carter, on death row for murdering his 4-year-old son and five others, was executed Wednesday. Strapped into the death chamber gurney, Carter, 34, acknowledged the crime but said he alone was involved. "I'm sorry for all the pain I've caused your family," he said, looking at six members of the victims' family. "It was me and me alone. Anthony Graves (his co-defendant) had nothing to do with it. I lied on him in court."

As he spoke, Aaron Keith Davis, the father of one of the victims, turned his back on the inmate. "I hope you will find peace and comfort with Christ Jesus," Carter said. "It's a shame it has come to this." "I'm ready to go home to be with my lord," he said, closing his eyes. He coughed, gasped and uttered a slight groan before becoming unconscious. He was pronounced dead eight minutes later at 6:20 p.m.

Carter worked as a corrections officer at the Pack II Unit of the Texas Department of Criminal Justice in Navasota. He was the 19th condemned killer put to death in Texas this year, the seventh this month and the first of two this week.

The victims had been stabbed, shot or both and were discovered by firefighters responding to a blaze at a home in Somerville in Burleson County, about 20 miles southwest of College Station, in the early morning hours of Aug. 18, 1992. Their killers tried to burn the bodies to hide the deaths. Carter and a companion, Anthony Graves, were convicted of the murders of Bobbie Davis, 45; Nicole Davis, 16; Denitra Davis, 9; Brittany Davis, 6; Lea 'Erin Davis, 5; and Jason Davis, 4. Jason Davis was Carter's son. Graves, 34, also was convicted of capital murder, given the death penalty and is awaiting an execution date.