Texas Department of Criminal Justice

Texas Attorney General Media Advisory

AUSTIN - Texas Attorney General Greg Abbott offers the following information on 61-year-old Richard Charles Duncan, who is scheduled to be executed after 6 p.m. on Wednesday, December 3, 2003. In May, 1995, Duncan was sentenced to death for the murders of 71-year-old John Abner High and his wife, 73-year-old Ruth Brown High, at the couple's Houston, Texas home on October 7, 1987.

FACTS OF THE CRIME

On October 7, l987, Ken High one of the Highs' two adult sons, found his parents dead in their home. Ruth High was found in bed and John High was lying in a pool of blood on the kitchen floor. A gas cooker was also found connected to an open gas jet behind a washing machine. The open gas jet filled the room with a gas odor. There was a large candle on the table in the den. Both Ruth's and John's wills were open on John's desk. All the doors and windows in the house were closed and locked. Although it initially appeared the deaths were accidental, autopsies revealed that Ruth High had been smothered, and John High had been struck in the head with an unknown object, resulting in six lacerations. John's body also had several abrasions that the medical examiner described as defensive wounds, and several broken ribs.

Gary High, the Highs' other son, had been in a homosexual relationship with Duncan for over twenty years. At some point, a third man, Robert Alexander, became involved with both Duncan and Gary High. The three were intimately involved and lived together. Duncan and Gary High were also business partners in a computer software business named Hitech Microsystems.

The murder case sat dormant until August 1993 when Robert Alexander made an anonymous call to the Houston Police Department. The police ascertained the identity of the caller as Alexander; he was granted immunity, and the police arranged for him to tape telephone conversations between he and Duncan who was then living in Seattle. Duncan made incriminating statements during his phone calls and a warrant was issued for Duncan's arrest. After his arrest in Seattle, Duncan made a taped statement in which he characterized the killings as "mercy killings," and freely admitted his involvement. According to Duncan, Ruth High had complained to him about John High's deteriorating health and had asked Duncan to arrange for she and John High to be killed. Duncan further explained that he had arranged for a yard worker named Oscar Rodriguez to kill the Highs for $5,000. However, business records for the company which allegedly employed Rodriguez showed no employee by that name in 1987. Duncan also explained that he had originally told Robert Alexander that he killed the Highs because he wanted the yard worker to escape free and clear.

Robert Alexander testified at Duncan's trial that Duncan called him and Gary High in Seattle from the Hitech office in Houston on October 7 and 8, 1987, and admitted that he had killed the Highs. Alexander further testified that prior to the murders, Hitech had run into financial difficulties and that Duncan had speculated about ways to kill the Highs so that Gary High could come into his inheritance. These plans included using a propane gas cooker to create a gas leak to make the deaths appear accidental. Finally, Alexander testified that he, Duncan, and Gary High met after the murders to devise a common story to tell the police.

In addition to testimony of Robert Alexander and Duncan's own admissions during taped phone calls and his later confession to police, the State also relied on the testimony of the Highs' then-neighbor Kyle Christoffel to convict Duncan. The neighbor testified that on the morning after the murders, Duncan explained to him that John High had purchased a gas shrimp cooker, hooked it to a gas jet in the utility room, attempted to light it, became tangled in the hose, and then tripped and fell.

PROCEDURAL HISTORY

Trial and direct appeal proceedings

May 1995 A Harris County, Texas jury convicts Richard Charles Duncan of capital murder and assesses a punishment of death.

10/08/97 On direct appeal, the Texas Court of Criminal Appeals denies relief on sixteen points of error, and affirms Duncan's conviction and sentence. Duncan v. State, No. 72,132 (Tex. Crim. App. 1997).

12/18/97 The Court of Criminal Appeals denies rehearing.

10/05/98 The United States Supreme Court denies certiorari review. Duncan v. Texas, 525 U.S. 829 (1998).

State habeas proceedings

04/06/98 While his direct appeal was pending, Duncan files an application for writ of habeas corpus raising thirteen grounds for relief.

10/11/00 The Court of Criminal Appeals independently reviews the record, adopts the trial judge's findings and conclusions, and denies relief. Ex Parte Duncan, Appl. No. 46,927-01 (Tex. Crim. App.) (2000).

Federal habeas proceedings

10/11/01 Duncan files a federal writ of habeas corpus petition raising sixteen claims.

08/01/02 The United States District Court for the Southern District of Texas, Houston Division, denies habeas relief and denied the subsequent application for a certificate of appealability ("COA"). Duncan v. Cockrell, No. H-01-3515 (S.D. Tex.)(2002).

10/15/02 Duncan applies for a COA from the Fifth Circuit Court of Appeals.

07/03/03 The Fifth Circuit denies the request in an unpublished opinion, Duncan v. Cockrell, No. 02-20901 (5th Cir. 2003), and Duncan does not seek rehearing.

08/27/03 The 230th Judicial District Court of Harris County, Texas, sets Duncan's execution for Wednesday December 3, 2003.

09/30/03 Duncan petitions the United States Supreme Court for certiorari review. Duncan v.Dretke, No. 03-6765.

ProDeathPenalty.com

Richard Duncan was sentenced to die after he murdered his lover's parents to get money for a failing computer business. Duncan was convicted in 1993 of the October 1987 murders of John High, 72, who had been beaten, and his wife Ruth, 73, who had been smothered in their Houston home. Their son Gary High had been in a relationship with Duncan for over twenty years. At some point, a third man, Robert Alexander, became roommates with High and Duncan; Mr. Alexander also shared in a computer business with them, Hitech Microsystems.

In August 1993, Alexander told Houston detectives that Duncan had admitted killing the High couple to gain Gary's share of a $500,000 estate. Both deaths were originally thought to be accidental. The police arranged for Alexander to tape telephone conversations between himself and Duncan, who was at this point residing in Seattle, Washington. Duncan made incriminating statements in his conversations with Alexander and Duncan was arrested in Seattle. After his arrest, Duncan made a tape statement in which he described the Highs' deaths as "mercy killings." He stated that Ruth High had complained to him about John High's deteriorating heath and had asked Duncan to arrange for she and John High to be killed.

UPDATE: Good looks and smarts couldn't save Richard Charles Duncan from death row. "The thing that jumps out at me is he's not the typical defendant anyone would expect to see on death row," Harris County assistant district attorney Kelly Siegler said, describing him as well educated, intelligent, well-groomed and distinguished. Duncan, set for lethal injection Wednesday night, was condemned for killing an elderly Houston couple more than 16 years ago. John High, 72, and his 74-year-old wife, Ruth, the parents of Duncan's homosexual lover, were killed Oct. 8, 1987 at their Houston home. Duncan hoped to use his lover's share of their $500,000 life insurance to save his collapsing computer business, according to prosecutors. "It was all about money," Siegler said.

The U.S. Supreme Court Monday refused to review his case. Duncan, 61, would be the 23rd convicted killer to receive lethal injection in Texas this year and the first of five scheduled to die over the next eight days. Another condemned prisoner, Ivan Murphy, 38, was set to die Thursday night for the slaying of an 80-year-old woman almost 15 years ago at her home in Denison. Three more executions are scheduled for consecutive days next week in the nation's most active death penalty state. Authorities initially believed the couple was asphyxiated by gas, but autopsy results confirmed suspicions they were killed deliberately. John High had been beaten to the head and was found on the kitchen floor. His wife was smothered, probably with a pillow, and her body was arranged in her bed to make it look like she died reading a book. Their killer turned on a portable gas stove and locked the door behind him as he left.

More than six years later, Robert John Alexander, who met Duncan in a gay bar in Houston and later lived with Duncan and the Highs' son, Gary, told police Duncan claimed credit for the slayings. "'I did it. I did it. They're gone,'" Alexander told authorities, repeating the words he said Duncan told him. "'Ruth and John. They're at peace.'" According to court documents, Duncan had mentioned earlier that the couple's deaths would solve his financial problems. Homicide investigators arranged with Alexander, who also was involved in the failing computer business with Gary High and Duncan, to talk about the slayings in conversations that were taped. Duncan, living in the Seattle area at the time, was arrested and returned to Houston, where Alexander testified against him at his trial. Neither Alexander nor Gary High was implicated in the plot to kill the couple. Siegler said Duncan tried to explain the deaths as mercy killings because of the victims' failing health. A Harris County jury in 1995 took only 20 minutes before finding him guilty of capital murder. Duncan had no previous criminal record. He declined to speak with reporters in the weeks leading up to his scheduled punishment.

Texas Execution Information Center by David Carson.

Richard Charles Duncan, 61, was executed by lethal injection on 3 December 2003 in Huntsville, Texas for the murder of his partner's parents.

On 7 October 1987, Ken High found his parents dead in their home. John High, 71, was lying in a pool of blood on the kitchen floor. His wife, Ruth, 73, was in bed. Ken High also observed a gas odor in the house. A gas cooker was connected behind the washing machine, with the valve open. Police originally thought that Mr. High had fallen and struck his head while attempting to light the cooker, and that both he and Mrs. High asphyxiated from the gas fumes. However, an autopsy showed that John High had been beaten on the head with a blunt object. He also had several broken ribs, and cuts on his arms, which the examiner called "defensive wounds." Ruth High had been smothered. A book was next to her on the bed, suggesting that she had fallen asleep while reading, but her reading glasses were across the room. Both of the High's wills were found open on Mr. High's desk. The autopsy report stated that Mr. High died three hours after Mrs. High.

Richard Duncan, 45 was the police's prime suspect in the couple's murder. Duncan was the longtime homosexual partner and business partner of the High's younger son, Gary. However, police never found the murder weapon and did not have enough evidence to charge Duncan, so the case remained unsolved for seven years.

Duncan and Gary High lived together with a third man, Robert Alexander, and also had a homosexual relationship with him. In August 1993, Alexander made a phone call to the Houston Police Department. He was no longer involved with Duncan and High and said that he wanted to clear his conscience. Alexander was granted immunity. In taped telephone conversations between himself and Duncan, who was living in Seattle, Duncan made incriminating statements that resulted in his arrest in February 1994.

After his arrest, Duncan told police that Ruth High had complained to him about her husband's deteriorating health, and she asked him to make arrangements for both of them to be killed. He said that he paid a man named Oscar Rodriguez $5,000 to kill the Highs in what he called "mercy killings." Duncan said that he told Robert Alexander that he killed the Highs himself in order to protect Rodriguez. Investigators could not confirm whether Oscar Rodriguez was a real person or a fictitious one.

At Duncan's trial, Alexander testified that he, Duncan, and Gary High lived together as a "family" where Duncan was the head. Duncan and Gary's computer business had run into financial difficulties, he stated, and Duncan speculated about killing the Highs so that Gary could claim his share of the High's $550,000 estate. Alexander testified that Duncan had discussed using a gas cooker to make the deaths appear accidental. On 7 and 8 October 1987, while High and Alexander were in Seattle looking for work, Duncan called to inform them that he had killed John and Ruth High. "I did it. I've done it. They're gone," he said Duncan told him over the phone. "They are at peace now. And oh God, Robert, John fought me. He fought me really hard." Finally, Alexander testified that he, Duncan, and High met after the murders to devise a common story to tell the police.

In addition to Alexander's testimony, Duncan's confession, and Duncan's taped telephone conversations with Alexander, the High's neighbor, Kyle Christoffel, also testified. Christoffel stated that on the morning after the murders, Duncan told him that John High purchased a gas cooker, hooked it up to an outlet in the utility room, turned it on to light it, became entangled on the hose, and then tripped and fell.

Prosecutors said the autopsy report showed that after Duncan murdered Mrs. High, he waited in the house for three hours for her husband to come home from work. This, they said, proved that the murders were premeditated.

Duncan had no prior criminal history.

A jury convicted Duncan of capital murder in May 1995 and sentenced him to death. The Texas Court of Criminal Appeals upheld the conviction and sentence in October 1997. All of his subsequent appeals in state and federal court were denied. Gary High was never charged and was never called to testify in the case. Duncan's appeals lawyer said that High has refuted Alexander's testimony. "I am innocent, and you know that," Duncan told his friends at his execution. "I love you all so much. You are beautiful." He was pronounced dead at 6:21 p.m.

TheDeathouse.Com

"Man Who Killed Couple for Estate $$$ Executed in Texas." (December 4, 2003)

HUNTSVILLE, Tex. - A man who murdered the parents of his homosexual lover hoping to obtain $500,000 from their estate was executed by lethal injection at the state prison here Wednesday night. Richard Duncan, 61, was put to death for the 1987 slayings of John High, 71, and his wife, Ruth High, 73, in Houston. Duncan, wearing standard-issue prison whites, proclaimed his innocence in the death chamber moments before the lethal injection began. "I'm innocent - Y'all know that," Duncan said. "I love you all so much. Your beautiful."

Duncan was speaking to a group of friends who had come to witness his execution. The chemicals began to flow into his arm at 6:13 p.m. and Duncan was pronounced dead at 6:21 p.m., becoming the 23rd convicted killer put to death in the state in 2003. That is tops in the nation. Duncan, who had been described as intelligent, well groomed and "distinguished looking," requested a last meal that included fried chicken, french fries, berry cobbler and a Coke.

Friend Turns Informant

The murder of the Highs remained unsolved for seven years because of a lack of direct physical evidence against Duncan. However, Duncan later incriminated himself and told of the murders during audio taped conversations with a friend, who had turned police informant. The Highs were killed Oct. 7, 1987. Police initally believed the couple died due to a gas leak. A gas cooker was found connected to an open gas jet. But autopsies later revealed that John High was beaten to death and his wife strangled. Duncan killed the couple in the hopes of getting half of their $500,000 estate from their son, Gary, who he had had a homosexual relationship with for 20 years, prosecutors stated.

Taped Phone Conversation Key

The key break in the case, according to court documents, was when Robert Alexander, who had lived with Duncan and High, told Houston lawmen that Duncan had killed the couple. In 1993, Alexander made an anonymous call to police saying that Duncan had killed the Highs. Police identified him and arranged to have him audio tape conversations with Duncan. During taped phone conversations with Alexander, Duncan allegedly made incriminating statements.

'Mercy Killings'

Duncan and Gary High were business partners in computer software company that was in financial trouble. After his arrest, Duncan told lawmen that the murders of the Highs were "mercy killings." He claimed that Ruth High had complained to him about her husband's deteriorating health and asked Duncan to arrange to have them killed. Duncan claimed he had arranged for a Mexican yard worker, Oscar Rodriquez, to kill the couple for $5,000. This man could not be identified by police. Duncan later said that he had told Alexander that he had killed the couple in an effort to protect the Mexican yard worker. Prosecutors and police did not buy the story.

Money Problems

Alexander further testified that prior to the murders, Duncan and Gary High's company was in financial difficulty and that Duncan was thinking of ways to kill the Highs so that Gary High could claim his inheritance. These plans included using a propane gas cooker to create a gas leak to make the deaths appear accidental. Alexander testified that he, Duncan, and Gary High met after the murders to devise a story to tell the police. In addition to the testimony of Alexander and Duncan's own admissions, prosecutors also relied on the testimony of the Highs' then-neighbor. The neighbor testified that on the morning after the murders, Duncan explained to him that John High bought a gas shrimp cooker, hooked it to a gas jet in the utility room, attempted to light it, then became tangled in the hose and fell.

Huntsville Item

"Houston man executed for 1987 murders," by Brian Lacy. (December 4, 2003)

Richard Charles "Chuck" Duncan, convicted for the 1987 murder of his boyfriend's parents, was executed Wednesday night inside the Huntsville "Walls" Unit. Money is believed to be the motive for the crime. Duncan, 61, was hoping to share the $500,000 in life insurance Gary High would have received after his father, John, and mother, Ruth, were killed. Duncan and Gary were business partners in a struggling computer software company.

Duncan was going to make a final statement Wednesday night, but said, "Now that I see my family here and everything, all I want to say is I love you all so much. I'm innocent and you know that. You're all so beautiful.'' As the lethal injection started, Duncan continued to look toward the five friends her referred to as family, saying, "They're so beautiful. Aren't they?" He then gasped several times before falling silent. He was pronounced death at 6:21 p.m.

Wendy High Thomas, granddaughter of John and Ruth High, read a statement from the family after the execution. "Today, we finally feel that justice has been served," she said. "All of us have had very trying days, especially our dad. We only hope this day will bring some closure for us, but it will never replace our loss or the precious lives that have been taken from us."

Friends of Duncan stood by their belief that an innocent man was executed. "The state of Texas has just executed another innocent man," Vernon Stobbs said, standing outside the prison after the execution. "It appears in Texas that a person is guilty until proven innocent."

The case went unsolved for almost six years until Houston police received an anonymous phone call that indicated Duncan was the killer. Police identified the caller as Robert Alexander, who was involved with both Duncan and Gary High. The three were intimately involved and lived together. Alexander was granted immunity, and the police arranged for him to tape telephone conversations with Duncan, who was then living in Seattle. Duncan made incriminating statements during his phone calls and a warrant was issued for his arrest.

San Antonio Express

"Killer executed for pair of '87 Houston murders," by Michael Graczyk. (Associated Press 12/04/2003)

HUNTSVILLE — Convicted killer Richard Charles "Chuck" Duncan was executed Wednesday night for the slayings of the parents of his boyfriend at their Houston home more than 16 years ago. Testimony at his trial showed Duncan hoped to share the $500,000 life insurance of John High, 71, and High's 73-year-old wife, Ruth, to save the failing computer business he ran with the couple's son and another man.

Asked if he had a final statement, Duncan said he did, but instead replied: "Now that I see my family here and everything, all I want to say is I love you all so much. I'm innocent, and you know that. You're all so beautiful." Duncan, 61, gasped several times and was pronounced dead at 6:21 p.m., five minutes after receiving the injection.

Monday, the U.S. Supreme Court refused to review his case.

Authorities initially believed High and his wife were asphyxiated by gas, but autopsy results confirmed they were murdered. John High had been beaten to the head and was found Oct. 8, 1987, on the kitchen floor. His wife was smothered, probably with a pillow, and her body was arranged in her bed to make it look like she died reading a book. Their killer turned on a portable gas stove and locked the door behind him as he left.

The deaths went unsolved for more than six years until Robert John Alexander, who met Duncan in a gay bar in Houston and later lived with Duncan and the Highs' son, Gary, told police Duncan claimed credit for the slayings. Alexander also was involved in the computer business. According to court documents, Duncan had mentioned earlier that the couple's deaths would solve his financial problems.

Detectives arranged for Alexander to talk with Duncan about the slayings in taped conversations. Duncan, who had no previous criminal record, was arrested at his home in Federal Way, Wash., about 20 miles south of Seattle, and returned to Houston, where Alexander testified against him. Neither Alexander nor Gary High was implicated in the plot to kill the couple. A prosecutor said Duncan tried to explain the deaths as mercy killings because of the victims' failing health.

National Coalition to Abolish the Death Penalty

Richard Duncan (TX) - December 3, 2003

The state of Texas is scheduled to execute Richard Duncan, a white man, December 3 for the 1987 murders of John and Ruth High in Harris County. Because both deaths were originally thought to be accidental, the house was not maintained as a crime scene. No forensic evidence was offered at trial that tied Duncan to the murders, and crucial mitigating evidence, including an affidavit from the victims’ son, was also suppressed. No suspects had been suggested until Texas police received an anonymous phone call, later determined to be from Robert Alexander, accusing Mr. Duncan of the Highs’ deaths.

The son of the victims, Gary High, had been in a relationship with Mr. Duncan for over twenty years. At some point, a third man, Robert Alexander, became roommates with High and Duncan; Mr. Alexander also shared in a computer business with them, Hitech Microsystems.

The murder cases of John and Ruth High went unsolved until Mr. Alexander, in August 1993, placed an anonymous call to the Houston Police Department. The police discovered Roberts Alexander’s identity and granted him immunity. The police then arranged for Mr. Alexander to tape telephone conversations between himself and Duncan, who was at this point residing in Seattle, Washington.

Duncan made incriminating statements in his conversations with Alexander; following the issue of a warrant, Duncan was arrested in Seattle. After his arrest, Duncan made a tape statement in which he described the Highs’ deaths as “mercy killings.” He stated that Ruth High had complained to him about John High’s deteriorating heath and had asked Duncan to arrange for she and John High to be killed.

Duncan has argued in appeals that Mr. Alexander, the chief prosecutorial witness, had offered false testimony and that the State had knowledge that his testimony was untrue. In appeals, Duncan has also argued that an affidavit submitted by Gary High would have nullified Alexander’s testimony. However, the state court rejected High’s affidavit. Essentially, Duncan believes that the State could not make a determination of credibility from a paper hearing. If an evidentiary hearing was to have been conducted, High’s affidavit may have saved Duncan from a death penalty sentence.

Please contact Governor Perry and request a commutation of Richard Duncan’s sentence and a moratorium on executions in Texas.

365Gay.Com

"Gay Man Executed For Killing Lover's Parents." (December 4, 2003)

(Huntsville, Texas) Richard Charles Duncan was put to death Wednesday night by lethal injection for the slayings of the parents of his lover more than 16 years ago. Testimony at his trial showed Duncan hoped to share the $500,000 life insurance of John High, 71, and High's 73-year-old wife, Ruth, to save the failing computer business he and Gay High ran.

Authorities initially believed the elderly couple was asphyxiated by gas, but autopsy results showed they were murdered. John High had been beaten and was found on the kitchen floor. His wife was smothered, probably with a pillow, and her body was arranged in her bed to make it look like she died reading a book. Their killer turned on a portable gas stove and locked the door behind him as he left.

The case went unsolved for more than six years until a man went to police saying Duncan had told him he committed the murders. The man, Robert John Alexander, met Duncan in a gay bar in Houston and later lived with Duncan and Gary High. One night, Alexander told police, Duncan began talking about the murder. “’I did it. I did it. They’re gone,”’ Alexander told authorities, repeating the words he said Duncan told him. “’Ruth and John. They’re at peace.”’

Homicide investigators arranged with Alexander to wear a wire tap and engage Duncan and High in another conversation about the killing. It was the tape that led to Duncan's arrest. Police say High was not implicated in the plot to kill his parents.

Duncan maintained his innocence throughout his trial.

The U.S. Supreme Court on Monday refused to review Duncan's case. He was put to death Wednesday evening in the Texas death chamber at Huntsville. He declined a final statement, but on seeing relatives said: "Now that I see my family here and everything, all I want to say is I love you all so much. I'm innocent and you know that.''