The Alabama Supreme Court has set a September 30th execution date for an inmate convicted in Henry County of killing his boss and stealing his money to buy crack cocaine. According to assistant state Attorney General Clay Crenshaw, 33-year-old David Kevin Hocker waived his right to further appeals of his conviction of the 1998 murder. A jury found Hocker guilty in the March 1998 stabbing death and robbery of his boss, Jerry Wayne Robinson of Houston County. Hocker dumped Robinson’s body in neighboring Henry County and then used his bank card to get cash to purchase $400 worth of crack cocaine. Hocker then traveled to Mobile, used the crack cocaine and turned himself in to the Mobile County Sheriff’s Department. Hocker filed one appeal in his case, which the Alabama Court of Criminal Appeals rejected in April 2002.

National Coalition to Abolish the Death Penalty

David Kevin Hocker - Alabama - September 30, 6 PM CST

The state of Alabama is scheduled to execute David Kevin Hocker, a 33-year-old white man, Sept. 30 for the 1998 murder and robbery of his boss, Jerry Wayne Robinson of Houston County. Hocker’s capital murder conviction appeal was rejected in April 2002 by the Alabama Court of Criminal Appeals. Hocker has waived his right to further appeals. At the time of the crime, Hocker, who was living in a motel and did not have a car, asked Robinson to drive him to run an errand in neighboring Henry County where he stabbed and beat him to death. Hocker then stole Robinson’s debit card and withdrew $400 which he later used to purchase cocaine. Hocker was later observed driving Robinson’s truck and was consequently arrested two days after the murder. Following the arrest, Hocker led investigators to Robinson's body in a wooded area in Headland.

I would like to express my sympathies to the loved ones of Mr. Jerry Wayne Robinson. However, despite the gruesome nature of this murder and David Hocker’s request for execution, I do not support Mr. Hocker’s execution. I ask that you support legislation that would put an end to capital punishment in Alabama including those circumstances in which the inmate requests his own execution. I adamantly oppose the state’s participation in this state-assisted suicideHocker’s case is somewhat unusual because he has elected not to continue the appeals process. According to Assistant Alabama Attorney General Clay Crenshaw, Hocker has consistently refused an attorney and the opportunity to appeal his sentence. His decision was supported by District Attorney Doug Valeska who said, “Hocker is guilty. He is ready to take his punishment and man enough to do it.” Valeska also stated Hocker’s case shows the death penalty is a deterrent when the appeals process isn’t dragged out for 20 years. Proponents of the death penalty claim it is a deterrent. However, given that Hocker is “volunteering” to be executed, it is difficult to imagine how the deterrence argument applies.

Hocker’s case is somewhat unusual because he has elected not to continue the appeals process. According to Assistant Alabama Attorney General Clay Crenshaw, Hocker has consistently refused an attorney and the opportunity to appeal his sentence. His decision was supported by District Attorney Doug Valeska who said, “Hocker is guilty. He is ready to take his punishment and man enough to do it.” Valeska also stated Hocker’s case shows the death penalty is a deterrent when the appeals process isn’t dragged out for 20 years. Proponents of the death penalty claim it is a deterrent. However, given that Hocker is “volunteering” to be executed, it is difficult to imagine how the deterrence argument applies. Hocker, who was physically and mentally abused by his father, who committed suicide when Hocker was 8 years old, is obviously suffereing from mental health issues as he guides the state’s hand in his own suicide. Please take a moment to write Governor Riley protesting the state’s involvement this suicide-killing!

Tuscaloosa News

"Alabama executes Hocker for boss's 1998 murder," by Bob Johnson. (AP September 30, 2004)

ATMORE - David Kevin Hocker said a final prayer and was put to death Thursday for the 1998 stabbing death of his boss. Hocker, 33, refused to file appeals of his conviction, saying he was guilty and wanted to die for his crime.

"I swear by you, Lord Jesus Christ my savior that my time should be no longer. The mystery of life shall be finished. Amen," Hocker said when Holman prison warden Grantt Culliver asked if he had any final words. Hocker, strapped to a hospital gurney, then said a few quiet words to officers standing beside him in the execution chamber at Holman Prison and stared at the ceiling as he was injected with the combination of drugs that ended his life. Hocker did not look at the witness room, about 15 feet away, where his mother sobbed quietly as she watched her son die. Looking pale with his hands balled into fists, Hocker straightened his body several times. After a few moments he closed his eyes and appeared to lose consciousness.

Hocker's mother, Patricia Yeomans, did not talk to reporters after the execution, but released a statement saying her son had found peace on death row after a troubled life of mental problems and drug abuse. "Once Kevin started reading the Bible his anger just disappeared. He became positive about his life," Yeomans said.

Yeomans had made arrangements for a Daphne funeral home to pick up her son's body after forensic examinations are completed. Hocker did not attempt to file any appeals in the final days leading up to Thursday night's execution and did not ask Gov. Bob Riley for clemency. No members of Robinson's family attended the execution. Hocker's stepfather, George Larry Yeomans, sat beside Patricia Yeomans and put his arm on her shoulder and comforted her during the execution.

Hocker spent two and a half hours Thursday visiting with his mother and stepfather. Department of Corrections spokesman Brian Corbett said Hocker was mostly upbeat during the day and asked corrections officers questions about how the execution would be carried out. Hocker refused to eat anything during the day Thursday. He had requested a last meal of frankfurters, french fries, American cheese, mustard and chocolate cake with chocolate icing, but he refused to eat when the meal was presented to him at about 2:30 Thursday afternoon, Corbett said. He left his mother and stepfather assorted food items and a check for 87 cents, the amount of money he had left in an account prisoners use to buy snacks and other items, Corbett said. Hocker also gave a radio and headset and food items to death row inmate Rayford Hagood.

Hocker was convicted and sentenced to death for the March 21, 1998, stabbing death and robbery of Jerry Wayne Robinson, 47, of Columbia in Houston County. Hocker, who had been living in a Dothan motel, was accused of shooting Robinson as he sat in a truck in Headland and dumping Robinson's body in neighboring Henry County. Hocker had been working for Robinson's structural steel detailing company. He used the victim's bank card to get cash to purchase $400 worth of crack cocaine and later turned himself in at the Mobile County Sheriff's Department.

During his trial four years ago, Hocker admitted killing Robinson. "I'm guilty," he told the judge. Hocker's initial appeal was rejected by the Alabama Court of Criminal Appeals. He then filed court documents waiving his right to further appeals.

Hocker's mother told The Birmingham News earlier this week that her son had a long history of mental health problems, drug use and crime before he killed Robinson. She said Hocker's father committed suicide when her son was 8 years old. Hocker's sister, Kim Osborn, a speech pathologist, told The News that her brother was looking forward to dying. She said he had adopted a form of Christianity that's led him to believe he'll be a leader in the afterlife. Osborn told The News this belief led her brother to castrate himself in his death-row cell to control sexual urges. Corbett said Hocker received outside medical treatments twice in 2003, but because of privacy laws he said he could not say why he was treated.

Hocker was the second death row inmate executed in Alabama this year and the 30th since the U.S. Supreme Court reinstated the death penalty in 1977. Hocker was the sixth Alabama inmate executed since the state switched its primary method of execution from the electric chair to lethal injection in 2002.

Birmingham News

"Alabama executes Hocker for boss's 1998 murder," by Bob Johnson. (AP September 30, 2004)

ATMORE - David Kevin Hocker said a final prayer and was put to death Thursday for the 1998 stabbing death of his boss. Hocker, 33, refused to file appeals of his conviction, saying he was guilty and wanted to die for his crime.

"I swear by you, Lord Jesus Christ my savior that my time should be no longer. The mystery of life shall be finished. Amen," Hocker said when Holman prison warden Grantt Culliver asked if he had any final words. Hocker, strapped to a hospital gurney, then said a few quiet words to officers standing beside him in the execution chamber at Holman Prison and stared at the ceiling as he was injected with the combination of drugs that ended his life. Hocker did not look at the witness room, about 15 feet away, where his mother sobbed quietly as she watched her son die. Looking pale with his hands balled into fists, Hocker straightened his body several times. After a few moments he closed his eyes and appeared to lose consciousness.

Hocker's mother, Patricia Yeomans, did not talk to reporters after the execution, but released a statement saying her son had found peace on death row after a troubled life of mental problems and drug abuse. "Once Kevin started reading the Bible his anger just disappeared. He became positive about his life," Yeomans said.

Yeomans had made arrangements for a Daphne funeral home to pick up her son's body after forensic examinations are completed. Hocker did not attempt to file any appeals in the final days leading up to Thursday night's execution and did not ask Gov. Bob Riley for clemency. No members of Robinson's family attended the execution. Hocker's stepfather, George Larry Yeomans, sat beside Patricia Yeomans and put his arm on her shoulder and comforted her during the execution.

Hocker spent two and a half hours Thursday visiting with his mother and stepfather. Department of Corrections spokesman Brian Corbett said Hocker was mostly upbeat during the day and asked corrections officers questions about how the execution would be carried out. Hocker refused to eat anything during the day Thursday. He had requested a last meal of frankfurters, french fries, American cheese, mustard and chocolate cake with chocolate icing, but he refused to eat when the meal was presented to him at about 2:30 Thursday afternoon, Corbett said. He left his mother and stepfather assorted food items and a check for 87 cents, the amount of money he had left in an account prisoners use to buy snacks and other items, Corbett said. Hocker also gave a radio and headset and food items to death row inmate Rayford Hagood.

Hocker was convicted and sentenced to death for the March 21, 1998, stabbing death and robbery of Jerry Wayne Robinson, 47, of Columbia in Houston County. Hocker, who had been living in a Dothan motel, was accused of shooting Robinson as he sat in a truck in Headland and dumping Robinson's body in neighboring Henry County. Hocker had been working for Robinson's structural steel detailing company. He used the victim's bank card to get cash to purchase $400 worth of crack cocaine and later turned himself in at the Mobile County Sheriff's Department.

During his trial four years ago, Hocker admitted killing Robinson. "I'm guilty," he told the judge. Hocker's initial appeal was rejected by the Alabama Court of Criminal Appeals. He then filed court documents waiving his right to further appeals.

Hocker's mother told The Birmingham News earlier this week that her son had a long history of mental health problems, drug use and crime before he killed Robinson. She said Hocker's father committed suicide when her son was 8 years old. Hocker's sister, Kim Osborn, a speech pathologist, told The News that her brother was looking forward to dying. She said he had adopted a form of Christianity that's led him to believe he'll be a leader in the afterlife. Osborn told The News this belief led her brother to castrate himself in his death-row cell to control sexual urges. Corbett said Hocker received outside medical treatments twice in 2003, but because of privacy laws he said he could not say why he was treated.

Hocker was the second death row inmate executed in Alabama this year and the 30th since the U.S. Supreme Court reinstated the death penalty in 1977. Hocker was the sixth Alabama inmate executed since the state switched its primary method of execution from the electric chair to lethal injection in 2002.

WKRN-TV

"Faced with son's execution, mother has only sad keepsakes." (AP )

ATMORE, Ala. Death row inmate David Kevin Hocker faces execution tomorrow at Holman Prison near Atmore. The 33-year-old Hocker was convicted in the March 1998 murder of his boss, Jerry Robinson. The victim's truck was stolen.

In a Birmingham News interview, Hocker's mother, Patricia Yeomans of Gordon, near Dothan, says her son was mentally ill and destroyed his life with drug abuse. At 16, he racked up the first set of many charges: burglary, criminal mischief, harassment, possession of marijuana, theft of a firearm and theft of checks from his mother.

Now she says he writes Bible lessons for prison publications. He gives his possessions to other inmates. With only a few sad keepsakes of her son, she's been calling funeral homes to take care of his body following his execution. Hocker has no appeal pending. Robinson's family declined to be interviewed.

Hocker v. State, 840 So.2d 197 (Ala.Crim.App. 2002) (Direct Appeal).

Defendant was convicted in the Henry Circuit Court, No. CC-99-124, Larry K. Anderson, J., of capital murder and sentenced to death. Defendant appealed. The Court of Criminal Appeals, Baschab, J., held that: (1) pretrial media coverage was not inflammatory or sensational; (2) jurors were not actually prejudiced against defendant for purposes of motion for a change of venue; (3) prosecutor's reasons for striking veniremembers were race neutral; (4) defendant's prior intoxication did not render statements to police inadmissible; (5) evidence of collateral bad act was properly admitted; and (6) sentence of death was appropriate. Affirmed.

BASCHAB , Judge.
The appellant, David Kevin Hocker, was convicted of capital murder for the killing of Jerry Wayne Robinson. The murder was made capital because the appellant committed it during the course of a first-degree robbery. See § 13A-5-40(a)(2), Ala.Code 1975. After a sentencing hearing, the jury recommended, by a vote of 10-2, that the appellant be sentenced to death. The trial court accepted the jury's recommendation and sentenced the appellant to death. The appellant filed a motion for a new trial, which the trial court denied after conducting a hearing. This appeal followed.

Because the appellant does not challenge the sufficiency of the evidence to support his conviction, a lengthy recitation of the facts of the case is not necessary. However, we have reviewed the evidence, and we find that it is sufficient to support the appellant's conviction. The following summary of the relevant facts, as prepared by the trial court, may be helpful to an understanding of this case:

"The victim, Jerry Wayne Robinson, owned a small business in Houston County, Alabama. The Defendant David Kevin Hocker worked for Mr. Robinson. They were together on March 21, 1998 and were seen by the victim's wife at West Building Supply in Dothan, Alabama. That would be the last time she saw her husband alive. The next time she saw him was at the funeral home when she identified his body.

"Sergeant Donald Valenza of the Houston County Sheriff's Department received a call from the Mobile County Sheriff's Department informing him that Mobile had the Defendant Hocker in custody. He had confessed to Mobile authorities that he had murdered Jerry Robinson. Sergeant Valenza went to Mobile and took a statement from Hocker at which time Hocker admitted to killing Jerry Robinson by stating that he had broken a knife off in his chest. Sergeant Valenza transported Hocker back to Houston County, Alabama, and made arrangements with the Headland Police Department to locate the body. Hocker took the officers to the body which was located in Henry County, Alabama. The body contained a single stab wound to the chest with the ... blade imbedded in Jerry Robinson's chest. There were numerous cuts, abrasions and other injuries.

"Upon further investigation and the Defendant's statement it was learned that Jerry Robinson and Hocker had gone to West Building Supply to purchase materials to build a fence. Hocker later dumped the building materials in a ditch. He had intended to kill Jerry Robinson at his office but a co-owner was present. By ruse, Hocker talked Jerry Robinson into going with him to Henry County to pick up a microwave oven. While in the truck Hocker stabbed Jerry Robinson in the chest, drove to a remote area and dragged Jerry Robinson from the vehicle. Hocker then proceeded to beat and stomp Jerry Robinson causing over thirty contusions, scrapes and cuts. Jerry Robinson's Adam's apple was broken. There was a fracture of the thyroid cartilage. According to the forensic pathologist, Dr. Parades, Jerry Robinson remained alive during this vicious beating and was able to feel pain. However, the stab wound to the chest was the lethal wound.

"Hocker stole Jerry Robinson's green truck, ATM card and cash. After several withdrawals through the victim's ATM card Hocker purchased $400.00 in crack cocaine and then drove to Mobile, Alabama. While on crack he believed the police were chasing him and he abandoned the truck and ran through the woods causing numerous scratches to his face. Hocker later rented a motel room in Mobile and called 911 to turn himself in. He subsequently gave statements to the Mobile County Sheriff's Department and Sergeant Valenza confessing to the crime.

"In his statements Hocker claimed that the victim made sexual advances towards him which caused him to stab the victim. However, three witnesses testified that Jerry Robinson was not homosexual. He was a married man with two children." (C.R.191-93.)

* * *

The appellant's third argument is that the trial court erroneously admitted into evidence two statements he made to law enforcement officers about his involvement in the offense. Specifically, he contends that he "had been hallucinating as recently as the day before" he made the statements and that he "had also taken about $300 worth of crack within two days of the statement [s] and there was no evidence that he had been drug-tested." (Appellant's brief at p. 19.) Therefore, he concludes that we should hold that he did not voluntarily make the statements "due to [his] condition, including drug ingestion and recent hallucinatory episode." (Appellant's brief at p. 19- 20.)

Detective Lark Huber of the Mobile County Sheriff's Department and an Alabama Bureau of Investigation agent interviewed the appellant at the Mobile Metro Jail at approximately 2:45 p.m. on March 23, 1998. During the suppression hearing, Huber testified that she advised the appellant of his rights and that the appellant waived those rights and answered questions about the offense. She also stated that the appellant did not appear to be under the influence of alcohol or drugs when she interviewed him. In particular, she noted that he did not appear to be hallucinating and that he was not hyperactive at that time.

Huber testified that the appellant had stated that he had used crack cocaine after he had killed the victim, but stated that he had not obtained the crack cocaine in Mobile County. She further testified that the appellant had stated that, approximately 24 hours before the interview, he had been hallucinating and running through the woods in Mobile County.

On March 23, 1998, Sergeant Donald Valenza of the Houston County Sheriff's Department went to the Mobile Metro Jail to pick up the appellant. During the suppression hearing, Valenza testified that, while he was at the jail in Mobile, he advised the appellant of his rights and that the appellant waived his rights and agreed to talk to him. Valenza and the appellant talked about the case as Valenza drove back to the Dothan area. When he was making his statement to Valenza, the appellant "mentioned [that] he had taken some crack during the time that he had [the victim's] truck." (R. 364.)

Valenza testified that he had previously worked on narcotics cases for seven or eight years and that he was familiar with crack cocaine and its use. Based on that experience, he stated that the appellant did not appear to be under the influence of crack cocaine at the time he made his statement. Specifically, he noted that the appellant's speech was not slurred, that his motor movement was not impeded, that he was not violent, and that he did not appear to be hallucinating. Rather, the appellant appeared to be aware of his surroundings and who Valenza was, and he spoke coherently and intelligently. Finally, Valenza testified that the appellant did not give any indication that he did not understand his rights or what he was saying. The defense did not present any evidence during the suppression hearing. Rather, it simply argued that the trial court should suppress the appellant's statements "based on what was apparently a significant amount of drug usage." (R. 394.) Subsequently, Huber testified that the appellant admitted that he had killed the victim. After he had made that admission, Huber testified that the appellant stated:

"Then I did about four hundred dollars worth of crack cocaine and drove and drove.... I was hallucinating because of all of the crack. I pulled off the Interstate and found a dirt road and left the truck at the end. I then ran through the woods all night. I thought that the police were after me." (R. 477.) Huber also testified that the appellant stated that he had spent the night at a motel in Mobile. Finally, Valenza testified that the appellant made the following statement: "I was hallucinating. I smoked three hundred dollars worth of crack cocaine within five hours. I thought the law was behind me and I freaked out, jumped out of the truck and ran through the briars. That is why I am scratched up." (R. 406.)

The Legislature has defined "intoxication" to include "a disturbance of mental or physical capacities resulting from the introduction of any substance into the body." § 13A-3-2(e)(1), Ala.Code 1975. "In order for intoxication to render a confession inadmissible, it must be shown that the mind of the defendant was substantially impaired when the confession was made. Moore v. State, 488 So.2d 27 (Ala.Cr.App.1986), and cases cited therein.

'Intoxication, short of mania or such impairment of the will and mind as to make an individual unconscious of the meaning of his words, will not render a statement or confession inadmissible.' Tice v. State, 386 So.2d 1180, 1185 (Ala.Cr.App.). "The voluntariness of an alleged confession is a question of law addressed to the trial court, whose ruling will not be disturbed on appeal unless it appears to be contrary to the great weight of the evidence or is manifestly wrong. Tice v. State, supra;. The degree of intoxication which would affect the voluntariness of a statement is a question of fact initially addressed to the trial court and, depending upon its ruling, then to the jury for its consideration. Tice v. State, 386 So.2d at 1185.The testimony of Huber and Valenza indicates that the appellant was not under the influence of crack cocaine when he made his statements. Although there was some evidence that he had used crack cocaine some time after he killed the victim, the evidence does not indicate that, when he made his statements two days after the murder, his mind and will were substantially impaired and he could not understand the meaning of his words. In fact, the officers testified that he understood what was happening, was coherent, and gave very detailed statements about the murder and his subsequent actions.

"There is no indication in the record that the appellant was intoxicated to the extent that he could not comprehend the meaning of his words. Therefore, the appellant's drug use was a circumstance to be considered by the jury, rather than a factor which would affect the admissibility of his statement." Harris v. State, 580 So.2d 33, 36 (Ala.Crim.App.1990). Accordingly, the trial court properly denied the appellant's motion to suppress his statements.

* * *

Therefore, we find that the sentence was neither disproportionate nor excessive. Finally, we have searched the entire record for any error that may have adversely affected the appellant's substantial rights, and we have not found any. See Rule 45A, Ala. R.App. P. For the above-stated reasons, we affirm the appellant's conviction and sentence of death. AFFIRMED.