John B. Nixon
Encyclopedia
John B. Nixon, Sr. was a convicted murderer. He was convicted of the January 22, 1985 murder-for-hire
of Virginia Tucker in Rankin County, Mississippi
. Born in the Midnight community of Humphreys County, Mississippi
, he was executed in 2005 by the U.S. state
of Mississippi
.
At 77 years old, he was the oldest person executed since 1976 and, according to the Espy File, the oldest person executed since Joe Lee in Virginia
at the age of 83 on April 21, 1916.
pistol
and said, "I brought y’all something."
Thomas Tucker, who had married his wife six months earlier (3 months after her divorce
was finalized), immediately surmised that the men had been hired by his wife’s former husband, Elster Joseph Ponthieux. Tucker offered Nixon money to spare their lives, but Nixon replied, "[t]hat's not what I’m after. The deal’s already been made."
Nixon and one of his associates then shot at Tucker, who managed to escape despite being hit in the side. Tucker made his way to his nearby place of work and asked a co-worker to check on his wife. Meanwhile, Nixon took the gun back from his associate, held the gun one inch behind Virginia Tucker’s ear and fired a shot into her head. Nixon and his associates fled.
Tucker's wife was soon discovered by his co-worker and was taken to the hospital, where she died the next day. Nixon was arrested after Tucker identified him in a lineup.
on April 2, 1986. The jury found that the aggravating circumstances of the murder being for hire was especially heinous, atrocious and cruel, and that Nixon had previously committed a felony
involving the use or threat of violence to a person.
The ex-husband who had hired Nixon to perform the killing received a life sentence
and two of Nixon's sons and a friend also were convicted in the killing.
During his appeal
s, Nixon has argued that his trial counsel was over-burdened and could not represent him effectively. At the time of the trial they were preparing for another capital case and did not accept an offer from the judge to give them more time to prepare for the penalty phase of the case. The trial counsel even assumed that Nixon would not be convicted of capital murder.
There were several aspects of Nixon's life that were not brought to the attention of the jury. He had twice saved people from death — once a drowning boy in a flooded irrigation ditch and the other a woman from a burning plane crash at Houston International Airport (now William P. Hobby Airport
) in 1966. He had volunteered to serve in the United States Navy
during World War II
and received an honorable discharge
. He later enlisted in the United States Army
, getting a hardship discharge after his father abandoned his mother. Nixon did not tell his lawyers any of this, and they had to find it out through their own private investigations.
He and his mother were physically abused
by his father. Dr. Gerald O'Brien, a psychiatrist, diagnosed him with suffering from a severe passive-aggressive personality disorder
. O'Brien also said that such a disorder would not have stopped Nixon from knowing the difference between right and wrong at the time of the murder.
The prosecution claimed that Nixon was convicted of a violent or forceful rape
, when he had in fact pled guilty to statutory rape
in 1958 in Texas
. In a federal court
, after an appeal by Nixon, the state prosecutors admitted that it could not ethically use the statutory rape charge as evidence of a prior violent felony, but the court held that error was harmless, as the jury found two other aggravating circumstances in the penalty phase.
Nixon's lawyers argued that since he was already 77, he would be little danger to society and should be able to live out the rest of his days in prison, where he has been for the last 19 years. During those two decades, Nixon has had his appeals turned down by the Supreme Court of Mississippi
, United States district court
s, the Court of Appeals for the Fifth Circuit
, and the Supreme Court of the United States
.
Governor of Mississippi Haley Barbour
denied clemency for Nixon on December 10, 2005.
"[J]ustice in this case has been delayed for more than 20 years", Barbour said in a statement after denying clemency, "... [A] delay of this length greatly reduces the deterrent effect of the death penalty."
at the Mississippi State Penitentiary
. It was the seventh execution by the state of Mississippi since the Gregg v. Georgia
decision and the 1004th overall in the United States.
Prison officials described Nixon as being upbeat on the day of his execution, but his mood turned somber around 4 p.m. as the time of the execution neared.
While strapped to the gurney, Nixon said that:
He said that he had only taken the blame for the murders as he did not want to see his son end up where he was now.
For his last meal
, Nixon requested a well-done T-bone steak
, buttered asparagus
spears, a baked potato
with sour cream
, peach
pie, vanilla ice cream
, and sweet tea
.
Before his execution, Nixon released a statement through his attorneys, taken from a folksong titled Katy Cruel:
Contract killing
Contract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
of Virginia Tucker in Rankin County, Mississippi
Rankin County, Mississippi
-Demographics:As of the census of 2000, there were 115,327 people, 42,089 households, and 31,145 families residing in the county. The population density was 149 people per square mile . There were 45,070 housing units at an average density of 58 per square mile...
. Born in the Midnight community of Humphreys County, Mississippi
Humphreys County, Mississippi
-Demographics:At the 2000 census, there were 11,206 people, 3,765 households and 2,695 families residing in the county. The population density was 27 per square mile . There were 4,138 housing units at an average density of 10 per square mile...
, he was executed in 2005 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 Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
.
At 77 years old, he was the oldest person executed since 1976 and, according to the Espy File, the oldest person executed since Joe Lee in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
at the age of 83 on April 21, 1916.
Murder
On January 22, 1985, Nixon, his son, John Nixon, Jr., and Gilbert Jimenez arrived at the home of Thomas and Virginia Tucker. Upon entering the house, Nixon pulled out a .22 caliber.22 Long Rifle
The .22 Long Rifle rimfire cartridge is a long established variety of ammunition, and in terms of units sold is still by far the most common in the world today. The cartridge is often referred to simply as .22 LR and various rifles, pistols, revolvers, and even some smoothbore shotguns have...
pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
and said, "I brought y’all something."
Thomas Tucker, who had married his wife six months earlier (3 months after her 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...
was finalized), immediately surmised that the men had been hired by his wife’s former husband, Elster Joseph Ponthieux. Tucker offered Nixon money to spare their lives, but Nixon replied, "[t]hat's not what I’m after. The deal’s already been made."
Nixon and one of his associates then shot at Tucker, who managed to escape despite being hit in the side. Tucker made his way to his nearby place of work and asked a co-worker to check on his wife. Meanwhile, Nixon took the gun back from his associate, held the gun one inch behind Virginia Tucker’s ear and fired a shot into her head. Nixon and his associates fled.
Tucker's wife was soon discovered by his co-worker and was taken to the hospital, where she died the next day. Nixon was arrested after Tucker identified him in a lineup.
Trial and appeals
Nixon was convicted by a jury of capital murder after a 3-day trial and then sentenced to deathDeath Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...
on April 2, 1986. The jury found that the aggravating circumstances of the murder being for hire was especially heinous, atrocious and cruel, and that Nixon had previously committed a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
involving the use or threat of violence to a person.
The ex-husband who had hired Nixon to perform the killing received a life sentence
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
and two of Nixon's sons and a friend also were convicted in the killing.
During his appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s, Nixon has argued that his trial counsel was over-burdened and could not represent him effectively. At the time of the trial they were preparing for another capital case and did not accept an offer from the judge to give them more time to prepare for the penalty phase of the case. The trial counsel even assumed that Nixon would not be convicted of capital murder.
There were several aspects of Nixon's life that were not brought to the attention of the jury. He had twice saved people from death — once a drowning boy in a flooded irrigation ditch and the other a woman from a burning plane crash at Houston International Airport (now William P. Hobby Airport
William P. Hobby Airport
William P. Hobby Airport is a public airport in Houston, Texas, located from Downtown Houston. The airport covers and has four runways. Hobby Airport is Houston's oldest commercial airport and was the city's primary air terminal until the opening of Houston Intercontinental Airport in 1969...
) in 1966. He had volunteered to serve in the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and received an honorable discharge
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...
. He later enlisted in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, getting a hardship discharge after his father abandoned his mother. Nixon did not tell his lawyers any of this, and they had to find it out through their own private investigations.
He and his mother were physically abused
Physical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
by his father. Dr. Gerald O'Brien, a psychiatrist, diagnosed him with suffering from a severe passive-aggressive personality disorder
Passive-aggressive behavior
-External links:* * *...
. O'Brien also said that such a disorder would not have stopped Nixon from knowing the difference between right and wrong at the time of the murder.
The prosecution claimed that Nixon was convicted of a violent or forceful rape
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...
, when he had in fact pled guilty to statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
in 1958 in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. In a federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, after an appeal by Nixon, the state prosecutors admitted that it could not ethically use the statutory rape charge as evidence of a prior violent felony, but the court held that error was harmless, as the jury found two other aggravating circumstances in the penalty phase.
Nixon's lawyers argued that since he was already 77, he would be little danger to society and should be able to live out the rest of his days in prison, where he has been for the last 19 years. During those two decades, Nixon has had his appeals turned down by the Supreme Court of Mississippi
Supreme Court of Mississippi
The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was created in the first constitution of the state following its admission as a State of the Union in 1817. Initially it was known as the "High Court of Errors and Appeals." The Court is an appellate court, as...
, United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
s, the Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, and the Supreme Court of the United States
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...
.
Governor of Mississippi Haley Barbour
Haley Barbour
Haley Reeves Barbour is an American Republican politician currently serving as the 63rd Governor of Mississippi. He gained a national spotlight in August 2005 after Mississippi was hit by Hurricane Katrina. Barbour won re-election as Governor in 2007...
denied clemency for Nixon on December 10, 2005.
"[J]ustice in this case has been delayed for more than 20 years", Barbour said in a statement after denying clemency, "... [A] delay of this length greatly reduces the deterrent effect of the death penalty."
Execution
Nixon was pronounced dead at 6:25 p.m. CST on December 14, 2005 after his execution by lethal injectionLethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
at the Mississippi State Penitentiary
Mississippi State Penitentiary
Mississippi State Penitentiary , also known as Parchman Farm, is the oldest prison and the only maximum security prison for men in the state of Mississippi, USA....
. It was the seventh execution by the state of Mississippi 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 and the 1004th overall in the United States.
Prison officials described Nixon as being upbeat on the day of his execution, but his mood turned somber around 4 p.m. as the time of the execution neared.
While strapped to the gurney, Nixon said that:
- "I did not kill Virginia Tucker. I know within my heart, and it hurts to acknowledge, that it was a son of mine and a SpanishSpanish peopleThe Spanish are citizens of the Kingdom of Spain. Within Spain, there are also a number of vigorous nationalisms and regionalisms, reflecting the country's complex history....
friend and another man from Jackson."
He said that he had only taken the blame for the murders as he did not want to see his son end up where he was now.
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...
, Nixon requested a well-done T-bone steak
T-bone steak
The T-bone and Porterhouse are steaks of beef cut from the short loin and including a T-shaped bone with meat on each side: the larger is a strip steak and the smaller a tenderloin steak...
, buttered asparagus
Asparagus
Asparagus officinalis is a spring vegetable, a flowering perennialplant species in the genus Asparagus. It was once classified in the lily family, like its Allium cousins, onions and garlic, but the Liliaceae have been split and the onion-like plants are now in the family Amaryllidaceae and...
spears, a baked potato
Baked potato
A baked potato, or jacket potato, is the edible result of baking a potato. When well cooked, a baked potato has a fluffy interior and a crisp skin. It may be served with fillings and condiments such as butter, cheese or ham....
with sour cream
Sour cream
Sour cream is a dairy product rich in fats obtained by fermenting a regular cream by certain kinds of lactic acid bacteria. The bacterial culture, which is introduced either deliberately or naturally, sours and thickens the cream. Its name stems from the production of lactic acid by bacterial...
, peach
Peach
The peach tree is a deciduous tree growing to tall and 6 in. in diameter, belonging to the subfamily Prunoideae of the family Rosaceae. It bears an edible juicy fruit called a peach...
pie, vanilla ice cream
Ice cream
Ice cream is a frozen dessert usually made from dairy products, such as milk and cream, and often combined with fruits or other ingredients and flavours. Most varieties contain sugar, although some are made with other sweeteners...
, and sweet tea
Sweet tea
Sweet tea is a style of iced tea commonly consumed in the Southern United States. Sweet tea is made by adding sugar to bags of black tea brewing in hot water while the mixture is still hot, which allows for supersaturation of the solution, enabling the tea to hold more dissolved sweetener than...
.
Before his execution, Nixon released a statement through his attorneys, taken from a folksong titled Katy Cruel:
- "Oh that I was where I would be,
- then would I be where I am not.
- Here am I where I must be,
- go where I would I can not."
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 Mississippi