Brandon Hedrick

Executed July 20, 2006 09:12 p.m. by Electric Chair in Virginia


31st murderer executed in U.S. in 2006
1035th murderer executed in U.S. since 1976
2nd murderer executed in Virginia in 2006
96th murderer executed in Virginia since 1976


Since 1976
Date of Execution
State
Method
Murderer
(Race/Sex/Age at Murder-Execution)
Date of
Birth
Victim(s)
(Race/Sex/Age at Murder)
Date of
Murder
Method of
Murder
Relationship
to Murderer
Date of
Sentence
1035
07-20-06
VA
Electric
Chair
Brandon Hedrick

W / M / 18 - 27

02-23-79
Lisa Yvonne Alexander Crider

B / F / 23

05-10-97
Shotgun
None
07-22-98

Summary:
While walking down the street at 1 a.m. in an area where prostitutes gathered, 23 year old Lisa Crider was abducted by Hedrick and Trevor Jones. Reportedly, the two were drinking bourbon and ingesting marijuana and crack cocaine. Crider was robbed, put in Jones' truck and driven around before she was raped and then shot to death at short range with a shotgun near the James River in Appomattox County. Her face no longer recognizable, her head wrapped in duct tape and her hands shackled, Crider was later found in the river. Upon arrest, Hedrick confessed to pulling the trigger. Accomplice Jones was sentenced to life in prison.

Citations:
Hedrick v. Commonwealth, 257 Va. 328, 513 S.E.2d 634 (Va. 1999) (Direct Appeal).
Hedrick v. Warden of the Sussex I State Prison, 264 Va. 486, 570 S.E.2d 840 (Va. 2002) (State Habeas).

Final Meal:
Pizza with cheese, sausage and hamburger; french fries with ketchup; bacon; chocolate cake; and apple pie.

Final Words:
“I pray for everybody that believes in Jesus Christ in heaven, and I pray for the people that are unsaved that they will accept Christ because they know not what they do and will accept Christ one day. I’m ready to go and be free.”

Internet Sources:

Virginians for Alternatives to the Deathy Penalty

Inmate: Brandon Hedrick
DOB: 2-23-79
County of Conviction: Appomattox
Conviction(s): murder, rape,robbery
DOC #: 253982
Date Received: 7-22-98

Richmond Times-Dispatch

"Mother's Day killer executed; first in three years to die in electric chair," by Frank Green and Jamie ruff. (July 21, 2006)

JARRATT -- Brandon Wayne Hedrick was executed in Virginia's electric chair last night for the 1997 slaying of a 23year-old Lynchburg woman.

Hedrick, 27, was pronounced dead at 9:12 p.m. in the execution chamber at the Greensville Correctional Center, said Larry Traylor, Virginia Department of Corrections spokesman. Asked if he would like to make a last statement, Hedrick said: "I pray for everybody that believes in Jesus Christ in heaven, and I pray for the people that are unsaved that they will accept Christ because they know not what they do and will accept Christ one day. I am ready to go and be free."

Hedrick was the first person electrocuted in the United States in more than two years, and the first in three years in Virginia. Only four of 72 Virginia killers have chosen the chair since Jan. 1, 1995, when they were given the option of injection. The electrocution for the murder of Lisa Crider -- the mother of a 5-year-old boy and slain on Mother's Day -- was performed without complication. Earlier the U.S. Supreme Court turned down Hedrick's bid for a stay and Gov. Timothy M. Kaine said he reviewed a clemency request and found no reason to intervene.

Hedrick may have chosen electrocution, his lawyer said, because of concerns about pain accompanying lethal injection.

Shortly before 9 p.m., Hedrick, his head freshly shaved, was led into the execution chamber. He appeared calm, wearing dark-blue prison pants with the right leg cut off at the knee and a light-blue shirt with the sleeves cut off. He was ushered into the electric chair and a half-dozen execution team members secured him stiffly upright with leather and nylon straps on his limbs and torso before asking if he had any last words.

A metal device holding a sea sponge soaked in brine was then attached to his right calf, and a wide strap with a hole for his nose but covering his eyes and mouth secured his head to the chair. A metal cap holding another brine-soaked sponge was strapped on the top of his head. Power cables were then connected to the head and leg.

A prison official turned a key on the wall activating the system and an execution team member viewing the chair through a one-way window pressed the execution button.

It was about 9:02 p.m. when Hedrick's body jumped up straight, straining against the straps, his fists clenched. A small amount of smoke briefly rose from his leg. His body briefly relaxed between the two 90-second cycles of electricity. Each cycle starts with about 1,800 volts at 7.5 amps for 30 seconds and then 60 seconds of about 240 volts at 1.5 amps. His body jumped and leg smoked at the start of the second cycle. After five minutes, a physician entered, put a stethoscope to Hedrick's chest and pronounced him dead.

The electrocution capped the events of May 11, 1997, when Crider was slain at the end of a nightmarish ordeal. Crider was abducted about 1 a.m. by Hedrick and a friend, Trevor Jones. The two were high on bourbon, marijuana and crack cocaine. Crider was abducted from Jones' apartment, robbed, put in Jones' truck and driven around before she was raped and then shot to death at short range with a shotgun near the James River in Appomattox County. Hedrick confessed to pulling the trigger. Jones, 28, was sentenced to life in prison.

In their appeal and clemency petition, Hedrick's lawyers contended, among other things, that he may have been retarded and that he received incompetent representation from his trial lawyers. Rob Lee, one of Hedrick's lawyers, said he did not believe Hedrick was trying to make a statement by choosing electrocution. "It's not like there was one rational reason," he said. Lee said he believes Hedrick made the choice, at least in part, because he feared pain from lethal injection.

Michael Lenz, 42, set to be executed by injection next Thursday, has a complaint pending in federal court alleging the way Virginia conducts injection violates his rights.

About eight protesters gathered outside the correctional center before the execution. Many were with Virginians for Alternatives to the Death Penalty. Katie Norberg said she had been a pen pal of Hedrick for more than six years, since she had been a student at Alexandria's West Potomac High School. "I really believe he is a good person. Nothing malicious about him," she said. Inside, unidentified members of Crider's family were among the witnesses.

Crider's mother, Dale Alexander of Altavista, said Wednesday that her daughter "is still with us. . . . I know very well what's happened, I accept that. But I see all kinds of signs, all kinds of message from her." "It gives me a lot of peace of mind," she said.

Washington Post

"Murderer Executed by Electric Chair," by Candace Rondeaux. (Friday, July 21, 2006)

Convicted murderer Brandon W. Hedrick was executed last night in Virginia's electric chair, nine years after he raped and fatally shot a 23-year-old woman in Lynchburg. Hedrick, 27, was pronounced dead at 9:12 p.m. at the Greensville Correctional Center in Jarratt, said Larry Traylor, a Department of Corrections spokesman. Hedrick, who chose to be electrocuted under a state law that allows inmates to pick the method of their execution, was the first death-row inmate to be put to death in the electric chair in the United States in more than two years.

Virginia is one of 10 states that allows electrocution. As in many of those states, however, the electric chair has fallen largely into disuse. In 1995, the state passed a law allowing death-row inmates the option of choosing lethal injection. The chair was rewired in 1991 after a series of botched electrocutions in Virginia and other states in the 1980s.

Hedrick was sentenced to death for abducting, sexually assaulting and killing Lisa Alexander Crider on May 11, 1997. He shot Crider in the face with a shotgun on the banks of the James River in Appomattox County and dumped her body in the water. Her face no longer recognizable, her head wrapped in duct tape and her hands shackled, Crider was later found in the river.

A jury convicted Hedrick and sentenced him to death in 1998. A co-defendant, Trevor Jones, was sentenced to life in prison.

Last night, after the U.S. Supreme Court declined to intervene, Gov. Timothy M. Kaine (D) rejected a clemency petition in which Hedrick's attorneys contended that Hedrick did not rape Crider. His attorneys also argued that Hedrick's sentence should be commuted to life in prison because he received inadequate legal representation when his case initially went to trial. "The trial, verdict, and sentence have been reviewed in detail by various state and federal courts, including the Supreme Court of Virginia and the Supreme Court of the United States," Kaine said in a statement. "Having carefully reviewed the Petition for Clemency and judicial opinions regarding this case, I find no reason to doubt Mr. Hedrick's guilt or to set aside the sentence that was recommended by the jury and then imposed and affirmed by the courts."

Traylor said Hedrick spent yesterday afternoon visiting with family. He requested a last meal of pizza with cheese, bacon and hamburger, French fries with ketchup, apple pie, bacon, and chocolate cake. Traylor said that members of Crider's family were present yesterday to witness the execution.

When Hedrick entered the death chamber at 8:59 p.m., he appeared calm but alert. He did not struggle when guards strapped him into the chair with leather restraints and attached a metal clip to his leg and placed a metal helmet on his head.

Asked if he had any last words, Hedrick looked straight ahead and said: "I pray for everybody that believes in Jesus Christ in heaven. And I pray for the people that are unsaved because they know not what they do. I'm ready to go and be free."

At 9:02 p.m., a prison staffer pressed a button that delivered an 1,800-volt burst of electricity to Hedrick's body. A coil of smoke rose from his leg as he jerked upward in the chair and clenched his fists. He briefly jerked again when a second current pulsed through his body.

Until yesterday, Virginia's 97-year-old electric chair had been unused for more than three years. Before Hedrick, Earl C. Bramblett was the last person to be put to death in the state's electric chair, in April 2003. The last person in the country to be put to death in an electric chair before Hedrick was James Neil Tucker in 2004 in South Carolina.

Brandon W. Hedrick is the 28th person to be executed by electrocution in Virginia since 1976. Ten states authorize death by this method, and it is required in Nebraska.

The Daily Press

"Va. killer executed by electric chair for rape, slaying of young mother," by Kristen Gelineau. (AP July 21, 2006)

JARRATT, Va. -- Like other Virginia inmates, a man convicted of raping and murdering a 23-year-old woman was allowed to choose how he would be executed: lethal injection or electric chair. Apparently fearful of lethal injection, Brandon Hedrick on Thursday became the first person in the nation to die in the electric chair in more than two years. He was pronounced dead at the Greensville Correctional Center at 9:12 p.m. "I pray for everybody that believes in Jesus Christ in heaven and I pray for the people that are unsaved," the 27-year-old said in his final words. "I'm ready to go and be free."

Since 1995, when the state began allowing inmates to choose the method of execution, three other Virginia inmates have opted for the electric chair. Hedrick may have chosen the electric chair because he feared lethal injection, his attorney Robert Lee said.

Last week, several guards showed up at Hedrick's cell late at night to present him with a form on which he was told to choose his execution method, Lee said. They talked about lethal injection, he said. Lethal injection was adopted by many states in recent decades after it was portrayed as more humane than other methods of execution. But defense attorneys in recent months have argued around the country that the combination of drugs can in some cases cause excruciating pain. Last month, the U.S. Supreme Court ruled unanimously that death row inmates can challenge lethal injection as a civil rights issue.

Hedrick did not say the officers discussed reports of pain caused by the chemicals, Lee said. However, Hedrick was aware of those who raised concerns that inmates may be anesthetized but don't remain unconscious, Lee said. The defense attorney said he did not believe Hedrick was manipulated into choosing the electric chair, but added: "Clearly, that stuff spooked him." State Corrections Department spokesman Larry Traylor said he is confident the officers handled their task properly.

According to the Death Penalty Information Center, nine states allow some or all condemned inmates to choose between injection and another method. Ten states have the electric chair; only one of them--Nebraska--uses it exclusively.

Hedrick was condemned to die for the 1997 murder of Lisa Crider, who was abducted, robbed, raped and killed with a shotgun blast to the face. Her body was found on Mother's Day, 1997. She left behind a 5-year-old son, Tracy, now 14. "I think about her every day," said Crider's mother, Dale Alexander, 55. "At different times, day and night, because she's never far."

Also Thursday, a child sex offender in Texas, Robert Anderson, 40, was executed for abducting and killing 5-year-old Audra Reeves, becoming the 16th execution this year in Texas. He apologized to his victim's grandmother, who was among the witnesses.

ProDeathPenalty.Com

On May 10, 1997, William K. Dodson, Trevor Jones, and Brandon Hedrick were together at Jones' apartment in Lynchburg. Hedrick and Jones decided to leave the apartment and drive to an area in downtown Lynchburg where they could find some prostitutes. Dodson remained at the apartment. Jones drove his truck to an area near Fifth and Madison Streets in Lynchburg where Hedrick and Jones met two prostitutes. Hedrick and Jones gave the prostitutes money, asked them to purchase a small quantity of crack cocaine, and returned to Jones' apartment with the women. Hedrick and Jones smoked the crack cocaine that they purchased, and the women smoked their own cocaine. Jones, Hedrick, and Dodson had sexual relations with the prostitutes. Hedrick and Jones, along with the women, returned to the area near Fifth and Madison Streets. Hedrick and Jones gave the women $50 and asked them to purchase some more crack cocaine. The women took the money but never returned. Hedrick and Jones then rode around in Jones' truck for about 45 minutes. They met two different prostitutes and returned with them to Jones' apartment. Hedrick and Jones drank bourbon, smoked marijuana, and had sexual relations with the women. Dodson, who was still at Jones' apartment, was asleep when these women were present. Around 11:00 p.m., Hedrick and Jones, along with the prostitutes, left the apartment and returned to the area near Fifth and Madison Streets. After the women left Jones' truck, Jones observed Crider "walking down the road." Jones, who had met Crider previously, told Hedrick that Crider's boyfriend was a seller of crack cocaine. Hedrick and Jones decided to "pick up" Crider, have sexual relations with her, and rob her because they thought she may have crack cocaine in her possession.

Jones approached Crider and "asked if she wanted to have sex." Crider got into Jones' truck, and Hedrick, Jones, and Crider went to Jones' apartment. Once they arrived at the apartment, Jones paid Crider $50 and had sexual intercourse with her. Hedrick did not have sexual relations with Crider at the apartment. After Jones had sexual intercourse with Crider, he left his bedroom while Crider was "getting dressed." Jones went to a living room and spoke with Hedrick.

Hedrick and Jones devised a plan in which Hedrick would pretend to rob both Jones and Crider. Jones did not want Crider to know that he was involved in the robbery because Crider knew where Jones lived, and Jones was afraid that Crider's boyfriend would retaliate against him. Jones told Hedrick to leave the apartment, go to Jones' truck, and get Jones' shotgun. While Hedrick was retrieving the shotgun, Jones told Crider that he had lost his keys, and she began to help him look for the supposedly lost keys. Jones went into the kitchen, got some duct tape, returned to the bedroom, and placed the tape there. Jones also got a set of handcuffs. When Hedrick entered the house with the shotgun, Jones and Crider were in the kitchen. Hedrick "racked" the pump on the shotgun to "get [Crider's] attention," and Hedrick "motioned for" Crider and Jones and told them to go into Jones' bedroom. Hedrick ordered Jones to empty Crider's pockets, and Jones took the $50 bill that he had paid Crider, cigarettes, and a cigarette lighter. Hedrick told Jones to place the handcuffs on Crider. Jones did so. Jones also covered Crider's eyes and mouth with duct tape, and he placed a shirt over her face. Hedrick took Crider out of the apartment and placed her in Jones' truck.

Dodson, who had been asleep in the living room, woke up when he heard the sound caused when Hedrick "racked" the pump on the shotgun. In response to Dodson's question, "what . . . is going on?", Jones responded that, "this is one of the girls that ripped us off; we're just going to scare her." Hedrick, Jones, and Crider left the apartment about 1:00 a.m. Jones sat in the driver's seat. Hedrick and Crider were in the backseat of the truck. Hedrick removed the shirt and duct tape from Crider. After riding around in the truck for some time, Hedrick decided that he wanted to have sexual intercourse with Crider. Hedrick told Crider that he "wanted some ass." Hedrick warned her, "don't try anything; I got a twenty- five," referring to a .25-caliber pistol. Jones stopped the truck and got out. Hedrick raped Crider.

After Hedrick raped Crider, he got out of the truck and spoke with Jones. Hedrick told Jones that Hedrick did not want to return Crider to the downtown area of Lynchburg because he was "afraid something might happen." Hedrick, because he had just raped Crider, was afraid that "she might come back on him with her boyfriend." Hedrick and Jones had a brief conversation, "about killing" Crider, and decided to do so. Hedrick and Jones got back into the truck. Crider was crying. She was "upset" and "scared." Jones drove the truck as he and Hedrick tried to find a good location to kill Crider. As Hedrick and Jones continued to look for a place to kill Crider, Jones drove the truck into Appomattox County. Crider, who "kind of figured" that Hedrick and Jones intended to harm her, pled, "don't kill me; I got two kids." She was "sniffling and crying." Crider, continuing to plead for her life, asked: "Is there anything I can do to make ya'll not do this?" Hedrick responded, "if you suck my dick, I'll think about it." Crider then performed oral sex on Hedrick.

Jones continued to drive the truck, and he proceeded on a road in Appomattox County and drove onto a "pull-off" space on a "back road" near the James River. Hedrick got out of the passenger side of the truck with the shotgun, and Jones took Crider out of the truck. Jones removed the handcuffs from Crider because he was afraid that his fingerprints were on them. Hedrick and Jones put gloves on their hands to avoid leaving their fingerprints at the crime scene. The time was now "daybreak." Crider, who was crying, continued to beg Hedrick and Jones not to kill her, saying, "I got two kids." After Jones had removed the handcuffs from Crider, he bound her hands together with duct tape. He also placed duct tape around her mouth and around her eyes. Hedrick was standing, watching with the shotgun in his hands. Hedrick, Jones, and Crider walked toward the river bank. Jones led Crider because she was "blindfolded." Jones turned Crider and faced her back to the river. Jones turned to Hedrick, who was armed with the shotgun, and said, "do what you got to do." Jones began to walk to the truck. When Jones was within 10 feet from the truck, he heard a gunshot. Hedrick returned to the truck with the shotgun and told Jones that Crider "went into the river."

Jones took the shell from the shotgun so that it would not be present at the scene. Hedrick and Jones returned to Lynchburg. They disposed of the shotgun shell, duct tape, and other evidence en route to Lynchburg. They arrived at Jones' apartment at about 6:30 or 7:00 a.m. on Sunday morning, and went to sleep. Hedrick and Jones subsequently fled Virginia, and they were arrested in Lincoln, Nebraska. The shotgun that Hedrick used to kill Crider was found in Jones' truck, which he had driven to Nebraska.

Two friends who had gone to the James River to fish found Crider's body on the evening of May 11, 1997. Crider's body had been placed in such a manner that the body appeared to be "sitting up with her feet crossed," and the victim's hands were bound with duct tape. Dr. David Oxley, a deputy chief medical examiner for the Commonwealth of Virginia, qualified as an expert witness on the subject of forensic pathology. He performed an autopsy on Crider's body. Dr. Oxley testified that an examination of the body revealed that Crider had been shot in the face with a shotgun. Several of her teeth were missing and other teeth were fractured. The top portion of her head had been bound with silver duct tape, which extended to the bridge of her nose. Duct tape was also found around her mouth. The shotgun wound caused massive injury to Crider's brain, and shot pellets and wadding were found in the interior of her cranial cavity. The location of the shotgun wad, deep in the victim's cranial cavity, indicated that she was killed within a "range of fire of less than ten feet." The entrance wound from the shotgun blast measured an inch and a half in greatest diameter. An x-ray of Crider's skull showed the presence of shotgun pellets in her skull and brain. A blood sample was extracted from Crider's body, and a toxicology screen on that sample revealed an absence of any "drugs of abuse or prescription drugs" in her blood system.

Robert L. Strubel, a forensic scientist, qualified as an expert witness on the subject of blood stain pattern analysis. He testified that based upon his analysis of certain photographs, after Crider had been shot in the face her body was moved and placed in the position where Sherry Mays found the body. Elizabeth Bush, a forensic scientist, qualified as an expert witness on the subject of DNA and DNA testing. She conducted DNA tests which revealed that the possibility of a person other than Hedrick providing a sperm sample found in the victim's vagina was one out of 260,000 in the Caucasian population, one out of 1,000,000 in the Hispanic population, and one out of 8,000,000 in the Black population. Hedrick is Caucasian.

Richard Roberts qualified as an expert witness on the subject of firearms. He examined the shotgun that Hedrick used to kill Crider, shotgun shells, and waddings. He also examined the wadding that was removed from Crider's brain. Based upon his tests and examination, which included a pattay of 12-gauge shotgun shells, he concluded that the muzzle of the shotgun was three to seven feet from Crider's mouth when she was killed.

During the penalty phase of the capital murder proceedings, the Commonwealth adduced the following evidence. Hedrick had been convicted of three robberies in three different jurisdictions. Hedrick was armed with a "Rambo type" knife when he participated in robberies in Campbell County and Bedford County. Hedrick was armed with a shotgun when he robbed a motel clerk in Farmville. During that robbery, Hedrick, wearing a hood over his head and a bandanna around his face, pointed the shotgun at the clerk, who was five or six feet away from him, and demanded money. In September 1997, after Hedrick had been arrested for the murder of Crider, and while being transported from Appomattox to the Campbell County Jail, he tried to take a deputy sheriff's revolver. Hedrick later had to be restrained while being transported. In July 1997, Hedrick attempted to escape from incarceration by climbing a fence. Hedrick told a State police officer that he shot Crider and that "he was an avid hunter, he liked to hunt . . . and how good a shot he was, how he killed deer in the past using shotguns and rifles at long range."

National Coalition to Abolish the Death Penalty

Robert Anderson, TX - July 20, 2006
Do Not Execute Robert Anderson!

Robert Anderson was convicted of kidnapping, raping and murdering five-year-old Audra Anne Reeves in Amarillo on June 9, 1992. Neighbors of Reeves saw a man pushing a grocery cart, which contained a large Styrofoam cooler. Later that day one of the neighbors found the same cooler in a nearby dumpster. Upon opening the chest the man discovered the body of Reeves inside. After giving the description of the man pushing the grocery cart to police, Anderson, who fit the description of the subject, was picked up several blocks away. The neighbor made a positive identification and Anderson was placed under arrest. While under interrogation at the police station Anderson nearly immediately confessed to the murder. Though Anderson had a history of sexual assault and undoubtedly committed the murder for which he was convicted, he does not deserve the sentence of death.

In Texas two things must be determined by the jury to sentence someone to death. First the jury must find that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society. The second is that the jury must take into consideration the defendant’s character, background and all personal moral culpability and find that there are insufficient mitigating circumstances to warrant a sentence of life imprisonment. The problem in Anderson’s case, in fact in all death penalty cases, lies in the first requirement of the death penalty. Prison serves to take the convicted criminal out of society, to protect society from that person. In Anderson’s trial an expert witness testified that Anderson would not be a threat to anyone in a strictly controlled environment, prison, because he would be kept away from women and children. Though the crimes committed by Robert Anderson were extremely heinous, an incarcerated Robert Anderson does not constitute a threat to general society and should not be put to death.

Please write to Gov. Rick Perry on behalf of Robert Anderson!

CNN Law Center

"Killer gets electric-chair death wish; Condemned man chose electrocution over injection. (AP Friday, July 21, 2006)

RICHMOND, Virginia (AP) -- A man convicted of raping and murdering a 23-year-old woman was executed Thursday, becoming the first person in the United States to die in the electric chair in more than two years. Brandon Hedrick, 27, was pronounced dead at the Greensville Correctional Center at 9:12 p.m. after the Supreme Court rejected his appeals and Gov. Timothy M. Kaine denied his request for clemency. "I pray for the people that are unsaved," Hedrick said in his final words. "I'm ready to go and be free."

Virginia inmates have the option of dying by injection or electrocution. Hedrick chose the electric chair because he was apparently unnerved by the prospect of lethal injection. Earl Bramblett, convicted of murdering a Roanoke couple and their two young daughters, was the last U.S. inmate to die in the electric chair. He was executed in Virginia in 2003.

Hedrick was condemned to die for the 1997 murder of Lisa Crider, who was abducted, robbed, raped and killed with a shotgun blast to the face.

Virginia's death row inmates are given the option of dying by injection or electrocution. Three other Virginia inmates have opted for the electric chair over injection since the state began giving inmates the choice in 1995. Last week, several guards showed up at Hedrick's cell late at night to present him with a form on which he was told to choose his execution method, Hedrick's attorney Robert Lee said. The guards "begin talking about lethal injection -- talking about being strapped down to the table, being made to wait long periods of time, the difficulty sometimes in finding a vein," Lee said. "That information coupled with general frustration produced this result."

Lethal injection was adopted by many states in recent decades after it was portrayed as more humane than other methods of execution. But defense attorneys in recent months have argued around the country that the combination of drugs can in some cases cause excruciating pain. Last month, the U.S. Supreme Court ruled unanimously that death row inmates can challenge lethal injection as a civil rights issue.

Hedrick did not say the officers discussed reports of pain caused by the chemicals, Lee said. However, Hedrick "had some awareness of the concerns that have been raised in other litigation -- the idea that you're anesthetized, but maybe you don't remain unconscious," Lee said.

The defense attorney said he did not believe Hedrick was manipulated into choosing the electric chair, but added: "Clearly, that stuff spooked him." Virginia Corrections Department spokesman Larry Traylor said he is confident the officers handled their task properly.

Virginia has had a few problems with electrocutions in the nearly 25 years since the state resumed use of the chair, which was built out of oak in 1909. In 1990, blood was seen streaming from a condemned man's mask. The following year, an inmate needed extra jolts to kill him after he survived the first round.

According to the Death Penalty Information Center, nine states allow some or all condemned inmates to choose between injection and another method. Ten states have the electric chair; only one of them -- Nebraska -- uses it exclusively.

Hedrick's attorneys asked the U.S. Supreme Court and Gov. Timothy M. Kaine to stop the execution, arguing among other things that he might be mentally retarded. In 2002, the U.S. Supreme Court ruled it unconstitutional to execute the retarded. In Virginia, those who score 70 or below on an IQ test before they turn 18 generally are considered retarded. Hedrick's IQ was measured at 76 during his trial, but his attorneys argued that the margin of error and the passage of time may mean his IQ is actually below 70.

Reuters News

"Virginia brings back electric chair for execution." (Fri Jul 21, 2006 12:48am ET)

WASHINGTON (Reuters) - A convicted murderer was executed in the electric chair in Virginia on Thursday night becoming the first person in the United States to be put to death by electrocution in more than two years. Brandon Wayne Hedrick, 27, was sentenced to death for the rape and murder of Lisa Crider, 23, near Lynchburg, Virginia, in May 1998.

"Death was pronounced at 9:12 (EST/00:12 GMT). There were no complications," said Virginia Department of Corrections spokesman Larry Traylor. Hedrick elected to die by electrocution rather than lethal injection, Traylor said.

Under Virginia law, death row inmates may choose either the electric chair or lethal injection. If they refuse to make a choice, the method of execution would automatically be lethal injection, which became an option in Virginia in January 1995. Since then, only four condemned inmates have chosen electrocution, including Hedrick, Traylor said. Before Hedrick, the last person to be put to death in the electric chair in the United States was James Neil Tucker in 2004 in South Carolina, according to the Washington Post.

Traylor said Hedrick made a final statement as witnesses, including several members of his victim's family looked on. "I'm ready to go and be free," the statement said, in part.

The death penalty is authorized in 38 of the 50 U.S. states, as well as by federal government. Texas, Virginia and Oklahoma account for more than half of the executions. The number of people executed in the United States since 1977, when the Supreme Court ended a 10-year moratorium on capital punishment, passed 1,000 in December.

NewsAdvance.Com

"Hedrick executed by electric chair," by Matt Busse. (Thursday, July 20, 2006)

JARRATT - Eight years after he was convicted of robbing, raping and murdering a 23-year-old Lynchburg woman, Brandon Wayne Hedrick was put to death. Hedrick, 27, was executed by electric chair just after 9 p.m. Thursday, the first person in the country in more than two years to die that way. He chose the chair over lethal injection. “There were no complications,” said Larry Traylor, spokesman for the Virginia Department of Corrections.

Hedrick was convicted in 1998 of the May 11, 1997, murder of Lisa Yvonne Crider, who was the mother of a 5-year-old boy. An accomplice, Trevor Andrew Jones, now 28, is serving a life sentence.

On the night of May 10, Hedrick and Jones, both 18, robbed Crider in Jones’ apartment, prosecutors said. Hedrick raped Crider before he and Jones took her to a bank of the James River in Appomattox County. They bound her hands and covered her eyes and mouth with duct tape. Hedrick fired a shotgun at her face, killing her.

Hedrick was executed at Greensville Correctional Center, about 60 miles south of Richmond. Traylor said some of Crider’s “immediate family members” witnessed the execution. He declined to give further details. Hedrick met with his parents and a spiritual adviser Thursday afternoon. His parents were not allowed to see the execution. In his final hours, Hedrick’s only hopes for reprieve lay with Gov. Timothy M. Kaine and the U.S. Supreme Court. Neither intervened.

In a statement Thursday evening, Kaine said he found “no reason to doubt Mr. Hedrick’s guilt or to set aside the sentence that was recommended by the jury and then imposed and affirmed by the courts.”

Hedrick’s last meal: pizza with cheese, sausage and hamburger; french fries with ketchup; bacon; chocolate cake; and apple pie. He didn’t ask for a drink. His last words: “I pray for everybody that believes in Jesus Christ in heaven, and I pray for the people that are unsaved that they will accept Christ because they know not what they do and will accept Christ one day. “I’m ready to go and be free.” He was pronounced dead at 9:12 p.m.

Crider’s mother, Dale Alexander of Altavista, said earlier this week she was unsure if Hedrick’s death would bring her any closure. “It would be very naïve of me to say, ‘That’s that,’” she said. But, she said, Hedrick “needs to suffer” for his crimes. Hedrick’s father, Philip Hedrick, said last week his son was “a gullible kid” who ran with a bad crowd. “He was more or less just out of control, really,” Hedrick said.

Beside the road leading to the prison, a small group of protesters kept a candlelit vigil Thursday evening. “We believe that the death penalty is fundamentally inhumane,” said Kristen Tilley, 21, of Bassett. “I just think that our presence here is important, even if it’s just a handful of us.” In Lynchburg, the Peace Education Center held a vigil in front of the First Christian Church on Rivermont Avenue, one of several held across the state. As the execution time approached, a handful of people gathered in a circle and prayed. A few drivers passing by honked in support.

Hedrick’s execution was somewhat unusual because in recent years electrocution has largely been replaced by lethal injection, a combination of three drugs. The last person executed by electric chair in the country was 47-year-old James Tucker in May 2004, according to the Death Penalty Information Center. The last in Virginia was Earl Bramblett in April 2003.

Rob Lee, one of Hedrick’s attorneys, told The Associated Press he is unsure why Hedrick chose the electric chair. “The best I can venture is confusion or frustration,” he said. Anti-death penalty advocates had questioned Hedrick’s choice.

Hedrick’s advocates and lawyers cited a psychologist’s testimony at his sentencing that he has an IQ of 76. A margin of error and changes in IQ scores over time could mean his IQ is closer to 70, at which point Virginia law would consider him mentally retarded, advocates said. Hedrick might not have fully understood what he chose, advocates said. “How can you proceed with an execution?” asked Jack Payden-Travers, director of Charlottesville-based Virginians for Alternatives to the Death Penalty.

Others, however, stood firm in their convictions. Said Tucker Martin, spokesman for Virginia Attorney General Bob McDonnell: “He tortured and murdered an innocent human being, and he was found guilty and received the death penalty.” Hedrick’s execution was also somewhat unusual because he was only the 13th white person to die for killing a black victim since capital punishment was reinstated in 1976, according to the Death Penalty Information Center.

Hedrick v. Commonwealth, 257 Va. 328, 513 S.E.2d 634 (Va. 1999) (Direct Appeal).

Defendant was convicted in the Circuit Court, Appomattox County, Richard S. Blanton, J., of capital murder in commission of robbery, forcible sodomy, rape, robbery, abduction, and use of a firearm in commission of murder, and was sentenced to death. Consolidating automatic review with defendant's appeal, the Supreme Court, Hassell, J., held that: (1) admission of enlarged photograph of victim's face was not excludable as unduly inflammatory; (2) finding that defendant committed aggravated battery upon victim, so as to warrant imposition of death penalty, was supported by evidence; (3) convictions for robbery, rape, and forcible sodomy were supported by sufficient evidence; (4) death sentence was not result of passion or prejudice; and (5) death sentence was not disproportionate. Affirmed.

HASSELL, Justice.
In these appeals, we review the capital murder conviction, sentence of death, and related convictions imposed upon Brandon Wayne Hedrick.

The defendant was tried before a jury on indictments for the following offenses: capital murder of Lisa Yvonne Alexander Crider in the commission of robbery, forcible sodomy, and rape in violation of Code § 18.2-31(4) and (5); robbery in violation of Code § 18.2-58; rape in violation of Code § 18.2-61; forcible sodomy in violation of Code § 18.2-67.1; abduction in violation of Code § 18.2-47; and use of a firearm in the commission of murder in violation of Code§ 18.2-53.1. The jury found the defendant guilty of these crimes and fixed his punishment at life imprisonment on the charge of forcible sodomy, life imprisonment on the charge of rape, life imprisonment on the charge of robbery, ten years imprisonment on the charge of abduction, and three years imprisonment on the charge of use of a firearm in the commission of a felony.

In the penalty phase of the capital murder trial, the jury fixed the defendant's punishment at death, finding that he represented a continuing serious threat to society and that his offense was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or aggravated battery to the victim. After considering a report prepared by a probation officer pursuant to Code § 19.2-264.5, the trial court sentenced the defendant in accord with the jury verdicts. We consolidated the automatic review of the defendant's death sentence with his appeal of the capital murder conviction. **636 Code § 17.1-313(F). The defendant's appeal of his non-capital convictions was certified from the Court of Appeals, Code § 17.1-409, and was consolidated with his capital murder appeal and given priority on our docket.

II. THE EVIDENCE

On May 10, 1997, William K. Dodson, Trevor Jones, and the defendant were together at Jones' apartment in Lynchburg. The defendant and Jones decided to leave the apartment and drive to an area in downtown Lynchburg where they could find some prostitutes. Dodson remained at the apartment.

Jones drove his truck to an area near Fifth and Madison Streets in Lynchburg where the defendant and Jones met two prostitutes. The defendant and Jones gave the prostitutes money, asked them to purchase a small quantity of crack cocaine, and returned to Jones' apartment with the women. The defendant and Jones smoked the crack cocaine that they purchased, and the women smoked their own cocaine. Jones, the defendant, and Dodson had sexual relations with the prostitutes. The defendant and Jones, along with the women, returned to the area near Fifth and Madison Streets. The defendant and Jones gave the women $50 and asked them to purchase some more crack cocaine. The women took the money but never returned. The defendant and Jones then rode around in Jones' truck for about 45 minutes. They met two different prostitutes and returned with them to Jones' apartment. The defendant and Jones drank bourbon, smoked marijuana, and had sexual relations with the women. Dodson, who was still at Jones' apartment, was asleep when these women were present.

Around 11:00 p.m., the defendant and Jones, along with the prostitutes, left the apartment and returned to the area near Fifth and Madison Streets. After the women left Jones' truck, Jones observed Crider “walking down the road.” Jones, who had met Crider previously, told the defendant that Crider's boyfriend was a seller of crack cocaine. The defendant and Jones decided to “pick up” Crider, have sexual relations with her, and rob her because they thought she may have crack cocaine in her possession.

Jones approached Crider and “asked if she wanted to have sex.” Crider got into Jones' truck, and the defendant, Jones, and Crider went to Jones' apartment. Once they arrived at the apartment, Jones paid Crider $50 and had sexual intercourse with her. The defendant did not have sexual relations with Crider at the apartment.

After Jones had sexual intercourse with Crider, he left his bedroom while Crider was “getting dressed.” Jones went to a living room and spoke with the defendant. The defendant and Jones devised a plan in which the defendant would pretend to rob both Jones and Crider. Jones did not want Crider to know that he was involved in the robbery because Crider knew where Jones lived, and Jones was afraid that Crider's boyfriend would retaliate against him.

Jones told the defendant to leave the apartment, go to Jones' truck, and get Jones' shotgun. While the defendant was retrieving the shotgun, Jones told Crider that he had lost his keys, and she began to help him look for the supposedly lost keys. Jones went into the kitchen, got some duct tape, returned to the bedroom, and placed the tape there. Jones also got a set of handcuffs. When the defendant entered the house with the shotgun, Jones and Crider were in the kitchen. The defendant “racked” the pump on the shotgun to “get [Crider's] attention,” and the defendant “motioned for” Crider and Jones and told them to go into Jones' bedroom.

The defendant ordered Jones to empty Crider's pockets, and Jones took the $50 bill that he had paid Crider, cigarettes, and a cigarette lighter. The defendant told Jones to place the handcuffs on Crider. Jones did so. Jones also covered Crider's eyes and mouth with duct tape, and he placed a shirt over her face. The defendant took Crider out of the apartment and placed her in Jones' truck.

Dodson, who had been asleep in the living room, woke up when he heard the sound caused when the defendant “racked” the pump on the shotgun. In response to Dodson's question, “what ··· is going on?”, Jones responded that, “this is one of the girls that ripped us off; we're just going to scare her.”

The defendant, Jones, and Crider left the apartment about 1:00 a.m. Jones sat in the driver's seat. The defendant and Crider were in the backseat of the truck. The defendant removed the shirt and duct tape from Crider. After riding around in the truck for some time, the defendant decided that he wanted to have sexual intercourse with Crider. The defendant told Crider that he “wanted some ass.” The defendant warned her, “don't try anything; I got a twenty-five,” referring to a .25-caliber pistol. Jones stopped the truck and got out. The defendant raped Crider.

After the defendant raped Crider, he got out of the truck and spoke with Jones. The defendant told Jones that the defendant did not want to return Crider to the downtown area of Lynchburg because he was “afraid something might happen.” The defendant, because he had just raped Crider, was afraid that “she might come back on him with her boyfriend.” The defendant and Jones had a brief conversation, “about killing” Crider, and decided to do so.

The defendant and Jones got back into the truck. Crider was crying. She was “upset” and “scared.” Jones drove the truck as he and the defendant tried to find a good location to kill Crider. As the defendant and Jones continued to look for a place to kill Crider, Jones drove the truck into Appomattox County. Crider, who “kind of figured” that the defendant and Jones intended to harm her, pled, “don't kill me; I got two kids.” She was “ sniffling and crying.” Crider, continuing to plead for her life, asked: “[I]s there anything I can do to make ya'll not do this?” The defendant responded, “if you suck my dick, I'll think about it.” Crider then performed oral sodomy on the defendant. Jones continued to drive the truck, and he proceeded on a road in Appomattox County and drove onto a “pull-off” space on a “back road” near the James River. The defendant got out of the passenger side of the truck with the shotgun, and Jones took Crider out of the truck. Jones removed the handcuffs from Crider because he was afraid that his fingerprints were on them. The defendant and Jones put gloves on their hands to avoid leaving their fingerprints at the crime scene.

The time was now “daybreak.” Crider, who was crying, continued to beg the defendant and Jones not to kill her, saying, “I got two kids.” After Jones had removed the handcuffs from Crider, he bound her hands together with duct tape. He also placed duct tape around her mouth and around her eyes. The defendant was standing, watching with the shotgun in his hands.

The defendant, Jones, and Crider walked toward the river bank. Jones led Crider because she was “blindfolded.” Jones “turned [Crider and] faced her back to the river.” Jones turned to the defendant, who was armed with the shotgun, and said, “do what you got to do.” Jones began to walk to the truck. When Jones was within 10 feet from the truck, he heard a gunshot. The defendant returned to the truck with the shotgun and told Jones that Crider “went into the river.” Jones took the shell from the shotgun so that it would not be present at the scene. The defendant and Jones returned to Lynchburg. They disposed of the shotgun shell, duct tape, and other evidence en route to Lynchburg. They arrived at Jones' apartment at about 6:30 or 7:00 a.m. on Sunday morning, and went to sleep.

The defendant and Jones subsequently fled Virginia, and they were arrested in Lincoln, Nebraska. The shotgun that the defendant used to kill Crider was found in Jones' truck, which he had driven to Nebraska. Sherry Kelly Mays and Warren Johns, two friends who had gone to the James River to fish, found Crider's body on the evening of May 11, 1997. Crider's body had been placed in such a manner that the body appeared to be “sitting up with [the] feet crossed,” and the victim's hands were bound with duct tape.

Dr. David Oxley, a deputy chief medical examiner for the Commonwealth of Virginia, qualified as an expert witness on the subject of forensic pathology. He performed an autopsy on Crider's body. Dr. Oxley testified **638 that an examination of the body revealed that Crider had been shot in the face with a shotgun. Several of her teeth were missing and other teeth were fractured. The top portion of her head had been bound with silver duct tape, which extended to the bridge of her nose. Duct tape was also found around her mouth.

The shotgun wound caused massive injury to Crider's brain, and shot pellets and wadding were found in the interior of her cranial cavity. The location of the shotgun wad, deep in the victim's cranial cavity, indicated that she was killed within a “range of fire of less than ten feet.” The entrance wound from the shotgun blast measured an inch and a half in greatest diameter. An x-ray of Crider's skull showed the presence of shotgun pellets in her skull and brain. A blood sample was extracted from Crider's body, and a toxicology screen on that sample revealed an absence of any “drugs of abuse or prescription drugs” in her blood system.

Robert L. Strubel, a forensic scientist, qualified as an expert witness on the subject of blood stain pattern analysis. He testified that based upon his analysis of certain photographs, after Crider had been shot in the face her body was moved and placed in the position where Sherry Mays found the body. Elizabeth Bush, a forensic scientist, qualified as an expert witness on the subject of DNA (deoxyribonucleic acid) and DNA testing. She conducted DNA tests which revealed that the possibility of a person other than the defendant providing a sperm sample found in the victim's vagina was one out of 260,000 in the Caucasian population, one out of 1,000,000 in the Hispanic population, and one out of 8,000,000 in the Black population. The defendant is Caucasian.

Richard V. Roberts qualified as an expert witness on the subject of firearms. He examined the shotgun that the defendant used to kill Crider, shotgun shells, and waddings. He also examined the wadding that was removed from Crider's brain. Based upon his tests and examination, which included a pattern spray of 12-gauge shotgun *336 shells, he concluded that the muzzle of the shotgun was three to seven feet from Crider's mouth when she was killed.

III. EVIDENCE ADDUCED IN PENALTY PHASE

During the penalty phase of the capital murder proceedings, the Commonwealth adduced the following evidence. The defendant had been convicted of three robberies in three different jurisdictions. The defendant was armed with a “Rambo type” knife when he participated in robberies in Campbell County and Bedford County. The defendant was armed with a shotgun when he robbed a motel clerk in Farmville. During that robbery, the defendant, wearing a hood over his head and a bandanna around his face, pointed the shotgun at the clerk, who was five or six feet away from him, and demanded money. In September 1997, after the defendant had been arrested for the murder of Crider, and while being transported from Appomattox to the Campbell County Jail, he tried to take a deputy sheriff's revolver. The defendant later had to be restrained while being transported. In July 1997, the defendant attempted to escape from incarceration by climbing a fence. The defendant told a State police officer that he shot Crider and that “he was an avid hunter, he liked to hunt ··· and how good a shot he was, how he killed deer in the past using shotguns and rifles at long range.”

* * *

The test of proportionality that we apply is whether “juries in this jurisdiction generally approve the supreme penalty for comparable or similar crimes.” Murphy v. Commonwealth, 246 Va. 136, 145, 431 S.E.2d 48, 54, cert. denied,510 U.S. 928, 114 S.Ct. 336, 126 L.Ed.2d 281 (1993); Walton, 256 Va. at 96, 501 S.E.2d at 140.

Our comparison of the record in this case with the records in capital cases, including capital cases in which life sentences were imposed, fails to indicate that the death penalty imposed here is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. We have examined the records of all capital cases reviewed by this Court pursuant to Code § 17.1-313(E). See Swisher, 256 Va. at 488-89, 506 S.E.2d at 773.

XIII. CONCLUSION

Having reviewed the sentence of death and related convictions, finding no reversible error in the record, and perceiving no reason to commute the death sentence, we will affirm the judgment of the trial court.

Hedrick v. Warden of the Sussex I State Prison, 264 Va. 486, 570 S.E.2d 840 (Va. 2002) (State Habeas).

Following affirmance of his capital murder conviction, other convictions, and death sentence on direct appeal, 257 Va. 328, 513 S.E.2d 634, petitioner filed petition for writ of habeas corpus. The Supreme Court, Leroy R. Hassell, Sr., J., held that: (1) asserted deficiencies in trial counsel's performance did not amount to ineffective assistance of counsel; (2) evidence did not support jury instruction on voluntary intoxication; (3) venue was proper in county in which murder occurred, regardless of where the underlying offenses occurred; (4) petitioner's habeas corpus counsel was not entitled to inspect files of Commonwealth's Attorney; and (5) petitioner's claims in his amended petition for writ of habeas corpus were procedurally defaulted. Petition dismissed. Kinser, J., filed concurring opinion in which Lemons, J., joined.

OPINION BY Justice LEROY R. HASSELL, SR.
Petitioner, Brandon Wayne Hedrick, was convicted of the capital murder of Lisa Yvonne Alexander Crider in the commission of robbery, forcible sodomy, and rape in violation of Code § 18.2-31(4) and (5); robbery in violation of Code § 18.2-58; rape in violation of Code § 18.2-61; forcible sodomy in violation of Code § 18.2-67.1; abduction in violation of Code § 18.2-47; and use of a firearm in the commission of murder in violation of Code § 18.2-53.1. The jury fixed his punishment for the non-capital offenses within the relevant statutory ranges. The jury fixed petitioner's punishment at death for the capital murder convictions. The circuit court sentenced petitioner in accord with the jury verdicts. We affirmed the judgment of the circuit court in Hedrick v. Commonwealth, 257 Va. 328, 513 S.E.2d 634, cert. denied,528 U.S. 952, 120 S.Ct. 376, 145 L.Ed.2d 294 (1999). While petitioner's habeas corpus petition was pending before this Court, petitioner forwarded a notarized letter to this Court and requested permission to withdraw his petition for habeas corpus. The following day, petitioner wrote another letter to this Court, which also contained his notarized signature. Petitioner stated in that letter:

“Dear Supreme Court of Virginia
“My attorneys will not do what I say when I tell them I wish to withdraw my appeals. My attorneys are against the death penalty and I am for the death penalty, so there is a conflict of intrest [sic] there. I beleive [sic] in the Bible, and if someone takes a life then that person should have his life taken as well. I am guilty of the charges in which Im [sic] being obtaind [sic] for. What I did was cruel and selfes [sic], I had no disregard [sic] for human life, there for [sic] I should be punished, for my sake and the sake of my victim. There for [sic] since my attorneys will not abide by my demand, I personaly [sic] write my owne [sic] motion to withdraw my habius corbus pititeon [sic] and to have a[sic] execution date set as soon as possibal [sic]. Thank you for your time in this matter.

“Sincerly [sic] yours,
“B.W.H.
“Brandon Wayne Hedrick”

Subsequently, petitioner forwarded another letter to this Court that had apparently been prepared by his habeas attorneys. In that letter, petitioner stated that he desired to proceed with his habeas corpus petition. This Court entered an order that directed the circuit court to conduct an evidentiary hearing and determine whether petitioner desired to proceed with his habeas corpus petition. The circuit court conducted the hearing and concluded that petitioner “desire[d] to continue with the litigation of his petition. When questioned by the circuit court, petitioner ··· indicated that this was his final decision on this matter.”

On May 10, 1997, Trevor Jones, William K. Dodson, and petitioner were together in Jones' apartment in Lynchburg. Petitioner and Jones left the apartment and traveled in Jones' truck to an area in Lynchburg near Fifth and Madison Streets to find some prostitutes. Petitioner and Jones met two prostitutes and gave them money to purchase crack cocaine. Petitioner, Jones, and the prostitutes went back to the apartment where they smoked the crack cocaine and engaged in sexual relations. Petitioner, Jones, and the prostitutes returned to the area near Fifth and Madison Streets. Petitioner and Jones gave the prostitutes money and asked them to purchase more crack cocaine. The prostitutes took the money and did not return. Petitioner and Jones met two different prostitutes and took them to Jones' apartment where petitioner and Jones drank bourbon, smoked marijuana, and engaged in sexual relations with the prostitutes. Around 11:00 p.m., petitioner, Jones, and the prostitutes left the apartment and returned to the area near Fifth and Madison Streets. The prostitutes got out of Jones' truck, and Jones saw Lisa Crider, the victim in this case.

Jones knew that Crider's boyfriend sold crack cocaine, and petitioner and Jones decided to “pick up” Crider, have sexual relations with her, and rob her of any crack cocaine in her possession. Jones approached Crider and asked her if she wanted to have sex. Crider got into the truck and went to the apartment with Jones and petitioner. Jones paid her $50 and had sexual intercourse with her. Petitioner did not have sexual relations with her at the apartment.

Jones left his bedroom after he had sexual intercourse with Crider, and while she was “getting dressed” Jones went to another room and spoke with petitioner. Jones and petitioner devised a plan in which petitioner would pretend to rob Jones and Crider. Jones did not want Crider to know that he was involved in the robbery because she knew where Jones lived, and Jones was afraid that Crider's boyfriend would retaliate against him. Jones directed petitioner to leave the apartment and retrieve Jones' shotgun from the truck. When petitioner entered the apartment with the shotgun, he “racked” the pump on the shotgun and “motioned for” Crider and Jones and told them to go into a bedroom. Petitioner told Jones to empty Crider's pockets, and Jones took the $50 bill that he had paid her, cigarettes, and a cigarette lighter. Jones placed handcuffs on Crider, covered her eyes and mouth with duct tape, and placed a shirt over her face. Petitioner took Crider out of the apartment and placed her in the truck.

Petitioner, Jones, and Crider left the apartment at about 1:00 a.m. Petitioner and Crider were seated in the back of the truck, and Jones drove the truck. Petitioner removed the shirt and duct tape from Crider. Jones stopped the truck and got out while petitioner raped Crider.

Petitioner and Jones decided that they would kill Crider because they feared that her boyfriend might retaliate against them. Jones drove the truck while he and petitioner tried to find a suitable location to kill Crider, who cried and pled for her life. As she pled for her life, Crider asked, “[i]s there anything I can do to make y'all not do this?” and petitioner replied that if Crider performed oral sex on him, he would “think about it.” Crider performed oral sex on petitioner. Around “daybreak,” Jones drove the truck to a location near the James River, where he, petitioner, and Crider got out of the truck. Jones removed the handcuffs from Crider, bound her hands together with duct tape, and placed duct tape around her mouth and eyes. Petitioner and Jones took Crider to the river bank. Jones “turned [Crider and] faced her back to the river.” As Jones began to walk to the truck, petitioner killed Crider by shooting her in the face with the shotgun.

* * *

In view of the foregoing, we conclude that all petitioner's claims are without merit, and we will dismiss the petition for writ of habeas corpus. Petition dismissed.