James W. Rodgers
Encyclopedia
James W. Rodgers was an American
People of the United States
The people of the United States, also known as simply Americans or American people, are the inhabitants or citizens of the United States. The United States is a multi-ethnic nation, home to people of different ethnic and national backgrounds...

 who was sentenced to death
Capital 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...

 by the state of Utah
Utah
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...

 for the murder of miner
Miner
A miner is a person whose work or business is to extract ore or minerals from the earth. Mining is one of the most dangerous trades in the world. In some countries miners lack social guarantees and in case of injury may be left to cope without assistance....

 Charles Merrifield in 1957. In his final statement
Final statement
When a criminal is convicted and sentenced to capital punishment, the criminal can make a final statement, or his "last words", before being executed. Much of the time, the last word is an apology to family, friends, or God. Sometimes though, a final statement includes words of hatred, disgust, or...

 before his execution
Capital 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...

 in 1960, Rodgers requested a bulletproof vest
Bulletproof vest
A ballistic vest, bulletproof vest or bullet-resistant vest is an item of personal armor that helps absorb the impact from firearm-fired projectiles and shrapnel from explosions, and is worn on the torso...

. His execution by firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...

 would be the last to be carried out in the United States before capital punishment was halted
Furman v. Georgia
Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...

 by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. The death penalty was reinstated in 1976 and the first person executed in Utah subsequent to that date was Gary Gilmore
Gary Gilmore
Gary Mark Gilmore was an American criminal, and murderer, who gained international notoriety for demanding that his own death sentence be fulfilled following two murders he committed in Utah. He became the first person executed in the United States after the U.S...

 in 1977.

Background

Rodgers was born on August 3, 1910 in Lubbock, Texas
Lubbock, Texas
Lubbock is a city in and the county seat of Lubbock County, Texas, United States. The city is located in the northwestern part of the state, a region known historically as the Llano Estacado, and the home of Texas Tech University and Lubbock Christian University...

, and was the eldest of five brothers and six sisters. His education was interrupted during the eighth grade. At the age of twelve, he left his family's household, where his father forced the children to work. By the age of sixteen, he became involved in a bootlegging
Rum-running
Rum-running, also known as bootlegging, is the illegal business of transporting alcoholic beverages where such transportation is forbidden by law...

 operation and was injured in the legs by machine gun fire. Rodgers eventually became involved in armed robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

, spending over twenty years in incarceration at various prisons.

Death of Charles Merrifield

In 1957, Rodgers came from New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...

 to work as a part-time security guard with the Continental Uranium Company at its Rattlesnake uranium mine
Uranium mining in Utah
Uranium mining in Utah, a state of the United States, has a history going back more than 100 years. Uranium started as a byproduct of vanadium mining about 1900, became a byproduct of radium mining about 1910, then back to a byproduct of vanadium when the radium price fell in the 1920s. Utah saw...

 near La Sal, Utah
La Sal, Utah
La Sal is a census-designated place in San Juan County, Utah, United States. The population was 339 at the 2000 census. The name comes from the La Sal Mountains which means in Spanish "The Salt".-Geography:...

. Following an altercation on June 19 of that year, James W. Rodgers shot miner Charles Merrifield, who died of multiple gunshot wounds to the head, arm, and torso. The two had been arguing over how to properly grease a scoop shovel
Excavator
Excavators are heavy construction equipment consisting of a boom, stick, bucket and cab on a rotating platform . The house sits atop an undercarriage with tracks or wheels. A cable-operated excavator uses winches and steel ropes to accomplish the movements. They are a natural progression from the...

.

Rodgers drove off in his truck, but was quickly apprehended in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...

 and turned over to the Grand County Jail in San Juan County, Utah
San Juan County, Utah
As of the current census of 2010, there were 14,746 people and 4,505 households. The racial and ethnic composition of the population was 50.4% Native American, 45.8% white, 0.3% Asian, 0.2% African American and 2.3% reporting two or more races...

. He claimed that he had been repeatedly threatened and thought Merrifield was going to "beat him up." Rodgers said that he "challenged Merrifield with a gun" and shot him when Merrifield attacked him with a large wrench.

Murder trial

Rodgers was arraigned
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...

 at the San Juan County Courthouse in Monticello, Utah
Monticello, Utah
Monticello is a city located in San Juan County, Utah, and is the county seat. It is the second most populous city in San Juan County, with a population of 1,958 at the 2000 census. The Monticello area was settled in July 1887 by pioneers from The Church of Jesus Christ of Latter-day Saints...

 on June 26, 1957, and was formally charged with murder
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...

. Rodgers claimed that he was suffering from syphilis
Syphilis
Syphilis is a sexually transmitted infection caused by the spirochete bacterium Treponema pallidum subspecies pallidum. The primary route of transmission is through sexual contact; however, it may also be transmitted from mother to fetus during pregnancy or at birth, resulting in congenital syphilis...

 and pleaded "guilty by reason of insanity". During the trial, Rodgers asserted that he had killed Merrifield in self-defense. However, Merrifield was determined to have been shot by Rodgers' .38
.38
.38 refers to the type of firearm and firearm cartridges.The .38 is considered a large caliber firearm cartridge; Anything larger than .32 is considered a large caliber, and one of the most common handguns manufactured in the United States...

-caliber handgun while at the controls of the large shovel at the mine. Upon being convicted and sentenced to death, Rodgers was given the choice of execution by firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...

 or hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

; he chose to be shot. Rodgers said that he was not worried because he would succumb to syphilis before his execution. However, he did not test positive for the disease under medical examination. Rodgers filed three appeals, including one to the Supreme Court of Utah
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...

, all of which were denied.

Rodgers was sent to 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...

 at Utah State Prison
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...

, where he was considered a model prisoner and wrote of his "deepest gratitude for the many favors and the kindness" during his 2 years as an inmate. He made no request for a special 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...

 nor other favors before his execution.

Execution

On the morning of March 30, 1960, Rodgers was driven to the execution site on a clay flat about a mile (1.6 km) from the prison while accompanied by San Juan County
San Juan County, Utah
As of the current census of 2010, there were 14,746 people and 4,505 households. The racial and ethnic composition of the population was 50.4% Native American, 45.8% white, 0.3% Asian, 0.2% African American and 2.3% reporting two or more races...

 Sheriff Seth Wright and a prison chaplain. When asked for a final statement
Final statement
When a criminal is convicted and sentenced to capital punishment, the criminal can make a final statement, or his "last words", before being executed. Much of the time, the last word is an apology to family, friends, or God. Sometimes though, a final statement includes words of hatred, disgust, or...

, Rodgers continued to insist that he was innocent and said, "I done told you my last request ... a bulletproof vest
Bulletproof vest
A ballistic vest, bulletproof vest or bullet-resistant vest is an item of personal armor that helps absorb the impact from firearm-fired projectiles and shrapnel from explosions, and is worn on the torso...

." He was dressed in denim and offered a coat, to which he replied, "Don't worry, I'll be where it's warm soon." Rogers was strapped to a wooden chair inside a 20-foot (6.1 m) canvas enclosure. The firing squad, concealed in a smaller burlap enclosure about 23 feet (7 m) away, consisted of five volunteers who were paid $75 each. One of the marksmen was provided a .30-30 rifle that was loaded with a blank, so that none of them would be certain who fired the lethal shots. Rodgers was executed at 6:16 a.m., the time of sunrise.

Rodgers' body was claimed for burial in California by his mother, who had last visited him ten days before the execution. Rodgers would be the last person to die by firing squad in the United States for over 17 years, until Gary Gilmore
Gary Gilmore
Gary Mark Gilmore was an American criminal, and murderer, who gained international notoriety for demanding that his own death sentence be fulfilled following two murders he committed in Utah. He became the first person executed in the United States after the U.S...

 became the first to be executed after the reinstatement of capital punishment by the U.S. Supreme Court decision of 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...

.

See also

  • Capital punishment in Utah
  • Capital punishment in the United States
    Capital punishment in the United States
    Capital 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...



External links

  • The State of Utah v. James W. RodgersSupreme Court of Utah
    Utah Supreme Court
    The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...

     (September 23, 1958)
  • James W. Rodgers v. John W. Turner, wardenU.S. District Court of Utah
    United States District Court for the District of Utah
    The United States District Court for the District of Utah is the Federal district court whose jurisdiction is the state of Utah...

     (October 30, 1959)
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