James Neil Tucker
Encyclopedia
James Neil Tucker was a convicted murder
er executed by the U.S. state
of South Carolina
by means of the electric chair
. The electric chair would not be used again in the United States until July 20, 2006, in the state of Virginia. He had been convicted of the murders of Rosa Lee Dolly Oakley and Shannon Lynn Mellon.
, the older of two children. After his mother divorce
d, she remarried to a man with three children of his own. A sixth child came from this marriage. Tucker claimed during his trial and appeals that his stepfather had punished him severely, and as a youth, Tucker had committed petty crimes in an attempt to be taken out of the home by the authorities.
In 1974, Tucker was convicted of raping
an eight-year-old girl and an 83-year-old woman. He received a sentence
of one to 15 years from the Salt Lake County District Court. Four years later he was again before the courts, this time for escape and theft
, receiving another one to 15 years sentence. He would spend most of his adult life in jail, escaping a total of three times. His longest time as a fugitive
was five years in the 1980s.
While in prison, he became friends with a fellow inmate from South Carolina. The two went to Calhoun County, South Carolina
, where in 1984 they worked at the Webb Carroll's Training Center, a horse farm east of St. Matthews
. He went back into prison in Spartanburg County after being arrested for housebreaking
and larceny
. He was sentenced to a 10-year sentence. After being released in 1988, he was sent back to Utah where he received another one to 15 year sentence for escaping prison. On being released in March 1992, Tucker returned to South Carolina. He married his pregnant girlfriend, Marcia, in Sumter
. After he was sentenced to death, she divorced him.
Tucker managed to evade police capture for the next week. During this time, he hid in delivery trucks, one time hiding in the undercarriage of a semi-trailer
. He also continued his burglary, breaking into the Christian Fellowship Church and the mobile homes of Kenneth Parker and Myron Baker. He hitched rides to St. Matthews, where he stole a station wagon
from a funeral home
, but abandoned it after getting it stuck in a wooded area. His next destination was a cottage owned by the Webb Carroll's Training Center on July 1.
The cottage was home to Shannon Lynn Mellon, who was training to be a jockey
. In the yard was a Chevrolet Blazer
and a Ford Mustang
. While Tucker was deciding what to do, a man emerged from the cottage and drove off in the Blazer. Tucker then entered the house and found Mellon asleep. He bound her with masking tape
and decided to kill her and dump her body in the woods. He shot her once in the back of the head and stole $20. According to Tucker, she was not killed by the first shot and said "I can't see", so he shot her again. As he started to leave, she was still breathing, so she was shot once more, this time in the temple
region. He drove to Spartanburg in her stolen Mustang.
Ten days after killing Mellon, he was arrested in Maggie Valley, North Carolina
and the next day gave a 48-page confession to police.
on December 8, 1993. The jury
took less than 30 minutes to convict him. He received a second death sentence on December 11, 1994 for the murder of Oakley. This time, the jury took 45 minutes to condemn him to death.
The death sentence in the Mellon case was overturned by the South Carolina Supreme Court
because the jurors were not told that Tucker was ineligible for parole
. A second sentencing phase was therefore carried out, resulting in another death sentence.
He was diagnosed by psychiatrists as having antisocial personality disorder
, and was described as being very intelligent.
Tucker did not ask for clemency from Governor
Mark Sanford
.
While on death row
, about a month before the execution, Tucker pulled a razor blade on a guard who was escorting him inside from the exercise area.
Two jolts were required to execute Tucker for the murder of Rosa Lee Dolly Oakley. Witnesses said that his body jerked upwards as the current flowed through his body. The second jolt lasted two minutes. He was officially pronounced dead at 6:11 p.m..
His final statement was read by his lawyer:
For his last meal
, he ordered pizza
, Mountain Dew
and two BLT sandwich
es.
He was the 912th person executed in the United States since the Gregg v. Georgia
decision in 1976.
Witness to the execution included Mr. Oakley (Rosa's husband), Mr. Mellon (Shannon's father), Major Gary Metts (Sumter County Sheriff's Office), and Wade Kold (Sumter County Solicitor) all seated on the front row directly in front of Tucker as he sat in the electric chair. Seated in the third and final row were the three media witnesses invited to the execution. No one from Tucker's family chose to attend the execution.
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
er executed by the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
by means of the electric chair
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
. The electric chair would not be used again in the United States until July 20, 2006, in the state of Virginia. He had been convicted of the murders of Rosa Lee Dolly Oakley and Shannon Lynn Mellon.
Childhood and life before murders
Tucker was born in UtahUtah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, the older of two children. After his mother divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
d, she remarried to a man with three children of his own. A sixth child came from this marriage. Tucker claimed during his trial and appeals that his stepfather had punished him severely, and as a youth, Tucker had committed petty crimes in an attempt to be taken out of the home by the authorities.
In 1974, Tucker was convicted of raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
an eight-year-old girl and an 83-year-old woman. He received a sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
of one to 15 years from the Salt Lake County District Court. Four years later he was again before the courts, this time for escape and theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, receiving another one to 15 years sentence. He would spend most of his adult life in jail, escaping a total of three times. His longest time as a fugitive
Fugitive
A fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals...
was five years in the 1980s.
While in prison, he became friends with a fellow inmate from South Carolina. The two went to Calhoun County, South Carolina
Calhoun County, South Carolina
Calhoun County is a county located in the U.S. state of South Carolina. In 2000, its population was 15,185; a 2005 Census Bureau estimate placed the population at 15,100. It is named for John C. Calhoun, the former U.S. Vice-President, Senator, Representative and cabinet member from South...
, where in 1984 they worked at the Webb Carroll's Training Center, a horse farm east of St. Matthews
St. Matthews, South Carolina
St. Matthews is a town in Calhoun County, South Carolina, United States. The population was 2,107 at the 2000 census. It is the county seat of Calhoun County.St. Matthews is part of the Columbia, South Carolina Metropolitan Statistical Area.-Geography:St...
. He went back into prison in Spartanburg County after being arrested for housebreaking
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
and larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
. He was sentenced to a 10-year sentence. After being released in 1988, he was sent back to Utah where he received another one to 15 year sentence for escaping prison. On being released in March 1992, Tucker returned to South Carolina. He married his pregnant girlfriend, Marcia, in Sumter
Sumter, South Carolina
-Demographics:, there were 59,180 people, 34,717 households, and 4,049 families living in the city. The population density was 4,469.5 people per square mile . There were 416,032 housing units at an average density of 603.0 per square mile...
. After he was sentenced to death, she divorced him.
The murders
Rosa Lee Dolly Oakley was gardening in the front yard of her Sumter home on June 25, 1992, when Tucker drove his car up her driveway. After talking to her and making sure she was alone, he pulled out a .25-caliber handgun, and forced her inside into her bedroom. Joe Black and James Howard then arrived at the house, looking for Oakley's husband. Tucker allowed her to answer the door, where she told them that her husband wasn't home. They left, but as they backed down the driveway, she ran out of the house screaming "Don't leave me, he's going to kill me." Tucker dragged her back into the house and stole $14 from her purse. As she went for the telephone, Tucker fired the gun, hitting her in the head. According to Tucker:- "I shot her again before I left just because, as stupid as it sounds, I thought she was suffering. So I put her out of her misery."
Tucker managed to evade police capture for the next week. During this time, he hid in delivery trucks, one time hiding in the undercarriage of a semi-trailer
Semi-trailer
A semi-trailer is a trailer without a front axle. A large proportion of its weight is supported by a road tractor, a detachable front axle assembly known as a dolly, or the tail of another trailer...
. He also continued his burglary, breaking into the Christian Fellowship Church and the mobile homes of Kenneth Parker and Myron Baker. He hitched rides to St. Matthews, where he stole a station wagon
Station wagon
A station wagon is a body style variant of a sedan/saloon with its roof extended rearward over a shared passenger/cargo volume with access at the back via a third or fifth door , instead of a trunk lid...
from a funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
, but abandoned it after getting it stuck in a wooded area. His next destination was a cottage owned by the Webb Carroll's Training Center on July 1.
The cottage was home to Shannon Lynn Mellon, who was training to be a jockey
Jockey
A jockey is an athlete who rides horses in horse racing or steeplechase racing, primarily as a profession. The word also applies to camel riders in camel racing.-Etymology:...
. In the yard was a Chevrolet Blazer
Chevrolet Blazer
Chevrolet Blazer can refer to one of several SUV models from General Motors:* The full-size Chevrolet K5 Blazer, based on the C/K pickup chassis and built from 1969 to 1994....
and a Ford Mustang
Ford Mustang
The Ford Mustang is an automobile manufactured by the Ford Motor Company. It was initially based on the second generation North American Ford Falcon, a compact car. Introduced early on April 17, 1964, as a "1964½" model, the 1965 Mustang was the automaker's most successful launch since the Model A...
. While Tucker was deciding what to do, a man emerged from the cottage and drove off in the Blazer. Tucker then entered the house and found Mellon asleep. He bound her with masking tape
Masking tape
Masking tape is a type of pressure sensitive tape made of a thin and easy-to-tear paper, and an easily released pressure sensitive adhesive. It is available in a variety of widths. It is used mainly in painting, to mask off areas that should not be painted...
and decided to kill her and dump her body in the woods. He shot her once in the back of the head and stole $20. According to Tucker, she was not killed by the first shot and said "I can't see", so he shot her again. As he started to leave, she was still breathing, so she was shot once more, this time in the temple
Temple (anatomy)
Temple indicates the side of the head behind the eyes. The bone beneath is the temporal bone as well as part of the sphenoid bone.-Anatomy:Cladists classify land vertebrates based on the presence of an upper hole, a lower hole, both, or neither in the cover of dermal bone which formerly covered the...
region. He drove to Spartanburg in her stolen Mustang.
Ten days after killing Mellon, he was arrested in Maggie Valley, North Carolina
Maggie Valley, North Carolina
Maggie Valley is a town in Haywood County, North Carolina, USA. The population was 607 at the 2000 census. It is home to the Ghost Town in the Sky amusement park.Maggie Valley is part of the Asheville Metropolitan Statistical Area....
and the next day gave a 48-page confession to police.
Trial and appeals
He received two capital murder trials. The first was for the murder of Mellon, where he was sentenced to deathCapital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
on December 8, 1993. The jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
took less than 30 minutes to convict him. He received a second death sentence on December 11, 1994 for the murder of Oakley. This time, the jury took 45 minutes to condemn him to death.
The death sentence in the Mellon case was overturned by the South Carolina Supreme Court
South Carolina Supreme Court
The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.-Selection of Justices:...
because the jurors were not told that Tucker was ineligible for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
. A second sentencing phase was therefore carried out, resulting in another death sentence.
He was diagnosed by psychiatrists as having antisocial personality disorder
Antisocial personality disorder
Antisocial personality disorder is described by the American Psychiatric Association's Diagnostic and Statistical Manual, fourth edition , as an Axis II personality disorder characterized by "...a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood...
, and was described as being very intelligent.
Tucker did not ask for clemency from Governor
Governor of South Carolina
The Governor of the State of South Carolina is the head of state for the State of South Carolina. Under the South Carolina Constitution, the Governor is also the head of government, serving as the chief executive of the South Carolina executive branch. The Governor is the ex officio...
Mark Sanford
Mark Sanford
Marshall Clement "Mark" Sanford Jr. is an American politician from South Carolina, who was the 115th Governor of South Carolina from 2003 to 2011....
.
While on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
, about a month before the execution, Tucker pulled a razor blade on a guard who was escorting him inside from the exercise area.
Execution
Under South Carolina law, electrocution is administered to prisoners sentenced to death for crimes committed before June 1995 unless they choose lethal injection. Likewise, lethal injection is administered to prisoners sentenced to death for crimes committed after June 1995 unless they choose electrocution. Tucker, having committed his capital crime before June 1995, declined to select a method and electrocution was the prescribed method.Two jolts were required to execute Tucker for the murder of Rosa Lee Dolly Oakley. Witnesses said that his body jerked upwards as the current flowed through his body. The second jolt lasted two minutes. He was officially pronounced dead at 6:11 p.m..
His final statement was read by his lawyer:
- "To everyone, I have thought of a million things to say, but they can all be summed up like this. To those I have harmed, my abject apologies and regrets. I am ashamed. To those who must remain and deal with this insane world, my condolences. But be of good cheer. ChristChristChrist is the English term for the Greek meaning "the anointed one". It is a translation of the Hebrew , usually transliterated into English as Messiah or Mashiach...
has overcome the world! I know that my redeemer lives. I am leaving this world with a cheerful attitude. Hallelujah."
For his last meal
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
, he ordered pizza
Pizza
Pizza is an oven-baked, flat, disc-shaped bread typically topped with a tomato sauce, cheese and various toppings.Originating in Italy, from the Neapolitan cuisine, the dish has become popular in many parts of the world. An establishment that makes and sells pizzas is called a "pizzeria"...
, Mountain Dew
Mountain Dew
Mountain Dew is a citrus-flavored carbonated soft drink brand produced and owned by PepsiCo. The original formula was invented in the 1940s by Tennessee beverage bottlers Barney and Ally Hartman and was first marketed in Marion, VA, Knoxville and Johnson City, Tennessee. A revised formula was...
and two BLT sandwich
BLT sandwich
A BLT is a type of bacon sandwich. The standard BLT is made up of five ingredients: bacon, lettuce, tomato, mayonnaise, and bread. The five ingredients can be altered according to preference; for example, the bread can be toasted and the mayonnaise home-made...
es.
He was the 912th person executed in the United States since the Gregg v. Georgia
Gregg v. Georgia
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...
decision in 1976.
Witness to the execution included Mr. Oakley (Rosa's husband), Mr. Mellon (Shannon's father), Major Gary Metts (Sumter County Sheriff's Office), and Wade Kold (Sumter County Solicitor) all seated on the front row directly in front of Tucker as he sat in the electric chair. Seated in the third and final row were the three media witnesses invited to the execution. No one from Tucker's family chose to attend the execution.
See also
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
- List of individuals executed in South Carolina