John Louis Evans
Encyclopedia
John Louis Evans III was the first inmate to be executed by the State of Alabama
after the United States
reinstituted the death penalty in 1976. The torturous manner of his execution is frequently cited by opponents of capital punishment in the United States
. Evans was born in Beaumont, Texas
and died in Atmore, Alabama
at the age of 33.
prison, Evans and fellow convict Wayne Ritter embarked on a two-month long crime spree involving, by Evans's own admission, over thirty armed robberies, nine kidnappings, and two extortion schemes across seven states. On January 5, 1977 he and Ritter robbed and killed Edward Nassar, a pawn shop owner in Mobile, Alabama
while his two young daughters were in the store. The perpetrators fled, but were captured on March 7 by FBI
agents in Little Rock, Arkansas
. Among the evidence recovered was the gun used to shoot Nassar in the back, and another gun stolen from the pawn shop.
Although he gave a detailed confession, prosecutors refused to accept his plea of guilty because they wanted Evans sentenced to death, and under Alabama law, this is only allowed following a conviction by a jury. Evans was tried in State Circuit Court in Mobile, Alabama
on April 26, 1977 for first-degree murder committed during commission of a robbery. During the trial, Evans again admitted to his crime and stated that he did not feel remorse and that under the same circumstances he would kill again. Furthermore, he threatened that if the jury did not sentence him to death, he would escape and murder each of them. Despite his testimony, the jury was instructed to consider all the evidence and to return a verdict of guilty only if the prosecutors had left no reasonable doubt. The jury convicted Evans of the capital offense charged, thus imposing the death penalty, after less than fifteen minutes of deliberation.
Under Alabama law, all capital sentences must by affirmed by review in higher court. The sentence of death was confirmed by the Alabama Court of Appeals and by the Alabama Supreme Court
, which set the date of April 6, 1979 for his execution.
On April 2, Evans's mother Betty, acting as "next friend
", petitioned the U.S. District Court for the Southern District of Alabama for a Writ of Habeas Corpus
. The application requested the Court to find Evans's conviction to be unconstitutional because consideration of lesser included offenses was not offered the jury. The District Court dismissed her application on the grounds that she was not entitled to act as "next friend". She appealed to the United States Court of Appeals for the Fifth Circuit
, which overturned the District Court's decision and, in fact, judged the initial criminal conviction to be invalid. In 1982, the United States Supreme Court
granted the State's petition for a Writ of Certiorari
, reversing the judgment of the Court of Appeals and returning to them the decision on the constitutionality of his sentence.
This finding was made with two of the justices (William J. Brennan and Thurgood Marshall
) entering an opinion "concurring in part and dissenting in part," because they accepted the argument of the State of Alabama on the matter in question, but held that capital punishment itself was "cruel and unusual punishment
", prohibited by the Eighth
and Fourteenth
Amendments to the Constitution of the United States.
In July of that year, Evans fired his lawyers and filed a motion to dismiss all further appeals. The Court of Appeals accepted his motion on October 19, 1982. A subsequent application for a new sentencing hearing was rejected by the Alabama Supreme Court on February 18, 1983 and execution was carried out at Holman Prison
, near Atmore, Alabama
on April 22.
constructed by an inmate in 1927. The chair was nicknamed "Yellow Mama
" because of its traffic-yellow coat of paint. It had not been used since 1965, after which a series of Supreme Court decisions created an effective moratorium on executions in the United States until the constitutionality of the death penalty was affirmed by the Court in Gregg v. Georgia
(1976).
The execution was witnessed by reporter Mark Harris, who wrote this first-person account for United Press International Wed., May 4, 1983.
The following description of Evans's electrocution was sworn by Evans' attorney, Russell F. Canan on June 22, 1983:
Shortly before his execution, Evans was featured in an After School Special
called "Dead Wrong" in which he shared his life story with young people and pleaded for them not to make the mistakes he did that led to the electric chair. The program makes no reference to the multiple charges required to end Evan's life.
Evans's accomplice, Wayne Ritter, was electrocuted
on August 28, 1987.
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
after the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
reinstituted the death penalty in 1976. The torturous manner of his execution is frequently cited by opponents of 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...
. Evans was born in Beaumont, Texas
Beaumont, Texas
Beaumont is a city in and county seat of Jefferson County, Texas, United States, within the Beaumont–Port Arthur Metropolitan Statistical Area. The city's population was 118,296 at the 2010 census. With Port Arthur and Orange, it forms the Golden Triangle, a major industrial area on the...
and died in Atmore, Alabama
Atmore, Alabama
Atmore is a city in Escambia County, Alabama, United States. At the 2000 census the population was 7,676. According to the 2005 U.S. Census estimates, the city had a population of 7,530. The city was named for Mr. C.P. Atmore....
at the age of 33.
Conviction and sentencing
After his 1976 parole from an IndianaIndiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
prison, Evans and fellow convict Wayne Ritter embarked on a two-month long crime spree involving, by Evans's own admission, over thirty armed robberies, nine kidnappings, and two extortion schemes across seven states. On January 5, 1977 he and Ritter robbed and killed Edward Nassar, a pawn shop owner in Mobile, Alabama
Mobile, Alabama
Mobile is the third most populous city in the Southern US state of Alabama and is the county seat of Mobile County. It is located on the Mobile River and the central Gulf Coast of the United States. The population within the city limits was 195,111 during the 2010 census. It is the largest...
while his two young daughters were in the store. The perpetrators fled, but were captured on March 7 by FBI
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
agents in Little Rock, Arkansas
Little Rock, Arkansas
Little Rock is the capital and the largest city of the U.S. state of Arkansas. The Metropolitan Statistical Area had a population of 699,757 people in the 2010 census...
. Among the evidence recovered was the gun used to shoot Nassar in the back, and another gun stolen from the pawn shop.
Although he gave a detailed confession, prosecutors refused to accept his plea of guilty because they wanted Evans sentenced to death, and under Alabama law, this is only allowed following a conviction by a jury. Evans was tried in State Circuit Court in Mobile, Alabama
Mobile, Alabama
Mobile is the third most populous city in the Southern US state of Alabama and is the county seat of Mobile County. It is located on the Mobile River and the central Gulf Coast of the United States. The population within the city limits was 195,111 during the 2010 census. It is the largest...
on April 26, 1977 for first-degree murder committed during commission of a robbery. During the trial, Evans again admitted to his crime and stated that he did not feel remorse and that under the same circumstances he would kill again. Furthermore, he threatened that if the jury did not sentence him to death, he would escape and murder each of them. Despite his testimony, the jury was instructed to consider all the evidence and to return a verdict of guilty only if the prosecutors had left no reasonable doubt. The jury convicted Evans of the capital offense charged, thus imposing the death penalty, after less than fifteen minutes of deliberation.
Under Alabama law, all capital sentences must by affirmed by review in higher court. The sentence of death was confirmed by the Alabama Court of Appeals and by the Alabama Supreme Court
Alabama Supreme Court
The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of an elected Chief Justice and eight elected Associate Justices. Each justice is elected in partisan elections for staggered six year terms. The Governor of Alabama may fill vacancies when they occur...
, which set the date of April 6, 1979 for his execution.
On April 2, Evans's mother Betty, acting as "next friend
Next friend
In common law, next friend is a phrase used to refer to a person who represents another person who is under disability or otherwise unable to maintain a suit on their own behalf and who does not have a legal guardian....
", petitioned the U.S. District Court for the Southern District of Alabama for a Writ of Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. The application requested the Court to find Evans's conviction to be unconstitutional because consideration of lesser included offenses was not offered the jury. The District Court dismissed her application on the grounds that she was not entitled to act as "next friend". She appealed to the United States 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...
, which overturned the District Court's decision and, in fact, judged the initial criminal conviction to be invalid. In 1982, the United States 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...
granted the State's petition for a Writ of Certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, reversing the judgment of the Court of Appeals and returning to them the decision on the constitutionality of his sentence.
This finding was made with two of the justices (William J. Brennan and Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
) entering an opinion "concurring in part and dissenting in part," because they accepted the argument of the State of Alabama on the matter in question, but held that capital punishment itself was "cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
", prohibited by the Eighth
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
and Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Amendments to the Constitution of the United States.
In July of that year, Evans fired his lawyers and filed a motion to dismiss all further appeals. The Court of Appeals accepted his motion on October 19, 1982. A subsequent application for a new sentencing hearing was rejected by the Alabama Supreme Court on February 18, 1983 and execution was carried out at Holman Prison
Holman Correctional Facility
Holman Correctional Facility is an Alabama Department of Corrections prison located in unincorporated southwestern Escambia County, Alabama. The facility is along Alabama State Highway 21, north of Atmore....
, near Atmore, Alabama
Atmore, Alabama
Atmore is a city in Escambia County, Alabama, United States. At the 2000 census the population was 7,676. According to the 2005 U.S. Census estimates, the city had a population of 7,530. The city was named for Mr. C.P. Atmore....
on April 22.
Execution
The execution is notable for its imprecision. The means of carrying out the sentence of death used at Holman Prison was an electric chairElectric 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...
constructed by an inmate in 1927. The chair was nicknamed "Yellow Mama
Yellow Mama
Yellow Mama is the euphemistic nickname given to Alabama's electric chair.First installed at Kilby State Prison in Montgomery, Alabama, Yellow Mama acquired its yellow color when painted using highway-line paint from the adjacent State Highway Department lab. The chair was built by a British inmate...
" because of its traffic-yellow coat of paint. It had not been used since 1965, after which a series of Supreme Court decisions created an effective moratorium on executions in the United States until the constitutionality of the death penalty was affirmed by the Court in 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...
(1976).
The execution was witnessed by reporter Mark Harris, who wrote this first-person account for United Press International Wed., May 4, 1983.
- "We thought that was it - bad enough, but expected and bearable."
- "Two doctors filed out the witness room to examine the body and pronounce Evans dead."
- "The prison doctor, dressed in a blue surgical costume and tan loafers with tassels, placed a stethoscope to the smock, turned and nodded -- the natural signal for 'Yes, he’s dead.'"
- "But the nod meant he had found a heartbeat. The other doctor confirmed the gruesome discovery."
The following description of Evans's electrocution was sworn by Evans' attorney, Russell F. Canan on June 22, 1983:
- "At 8:30 p.m. the first jolt of 1,900 voltVoltThe volt is the SI derived unit for electric potential, electric potential difference, and electromotive force. The volt is named in honor of the Italian physicist Alessandro Volta , who invented the voltaic pile, possibly the first chemical battery.- Definition :A single volt is defined as the...
s of electricity passed through Mr. Evans's body. It lasted thirty seconds. Sparks and flames erupted from the electrodeElectrodeAn electrode is an electrical conductor used to make contact with a nonmetallic part of a circuit...
tied to Mr. Evans's left leg. His body slammed against the straps holding him in the electric chair and his fist clenched permanently. The electrode apparently burst from the strap holding it in place. A large puff of greyish smoke and sparks poured out from under the hood that covered Mr. Evans's face. An overpowering stench of burnt flesh and clothing began pervading the witness room. Two doctors examined Mr. Evans and declared that he was not dead." - "The electrode on the left leg was refastened. At 8:30 p.m. [sic] Mr. Evans was administered a second thirty-second jolt of electricity. The stench of burning flesh was nauseating. More smoke emanated from his leg and head. Again, the doctors examined Mr. Evans. The doctors reported that his heart was still beating, and that he was still alive."
- "At that time, I asked the prison commissioner, who was communicating on an open telephone line to Governor George WallaceGeorge WallaceGeorge Corley Wallace, Jr. was the 45th Governor of Alabama, serving four terms: 1963–1967, 1971–1979 and 1983–1987. "The most influential loser" in 20th-century U.S. politics, according to biographers Dan T. Carter and Stephan Lesher, he ran for U.S...
to grant clemency on the grounds that Mr. Evans was being subjected to cruel and unusual punishment. The request for clemency was denied." - "At 8:40 p.m., a third charge of electricity, thirty seconds in duration, was passed through Mr. Evans's body. At 8:44, the doctors pronounced him dead. The execution of John Evans took fourteen minutes."
Shortly before his execution, Evans was featured in an After School Special
After school special
The American Broadcasting Company coined the term after school special in 1972 with a series of made for television movies, usually dealing with controversial or socially relevant issues, that were generally broadcast in the late afternoon and meant to be viewed by school age children, particularly...
called "Dead Wrong" in which he shared his life story with young people and pleaded for them not to make the mistakes he did that led to the electric chair. The program makes no reference to the multiple charges required to end Evan's life.
Evans's accomplice, Wayne Ritter, was electrocuted
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...
on August 28, 1987.
See also
- Article by UPI reporter Mark Harris on Evans' execution
- List of individuals executed in Alabama