John R. Hicks
Encyclopedia
John R. Hicks was a murder
er executed by the U.S. state
of Ohio
. He was executed for the August 3, 1985 murder of his five-year-old stepdaughter, Brandy Green. He was also convicted of the murder of his mother-in-law, Maxine Armstrong, for which he received a life sentence.
, Hicks was a cocaine
addict and alcoholic
. He had purchased cocaine around 4 p.m. on August 2, 1985, but felt a further craving, so he took the VCR from his own home as security for a $50 purchase. He did not have the cash to redeem the VCR and so he knew his wife would become angry when she found out what he had done. He then decided to rob and murder Armstrong.
He telephoned Armstrong to say he was coming home. When he arrived around 11 p.m. he put his stepdaughter to bed. He then approached Armstrong from behind and strangled her with his own hands. To make sure she was really dead he used a length of clothesline. He searched her bedroom and stole $300 and some credit card
s.
After buying more cocaine, he realized his stepdaughter would place him at the scene of the crime and could be a potential witness. He returned and smothered her with a pillow. When this failed to kill his stepdaughter, he tried to use his own hands, and then duct tape
d her mouth and nose. He attempted to dismember Armstrong in the bathtub, but gave up after nearly cutting one of her legs off. Returning to the body of Brandy Green, he removed her underpants and penetrated her with his finger. His last actions in the apartment were to steal a checkbook, a ring, a .32 caliber pistol, and a box of ammunition. After returning to his apartment around 3 a.m., he fled from Cincinnati at 6 a.m.. He would be later arrested in Knoxville, Tennessee
on August 4, 1985.
He was sentenced to death on March 3, 1986 for the aggravated murder of Brandy Green.
Hicks's lawyers have argued that under Ohio law, voluntary intoxication may be considered a mitigating factor
in capital cases. They say that the jury
was not instructed of this fact. In their report, the parole
board wrote that although he was intoxicated, the "merciless death" of his stepdaughter was premeditated.
The jury were also told that the final decision of whether to impose a death sentence rested with the trial judge. They say that this may have led some jurors to vote for the death penalty, even though they had doubts about its appropriateness for the case. The Court of Appeals of Ohio overturned the later grounds for appeal
. They stated in their opinion that they did not endorse "the perpetuation of a practice that has fallen into disfavor in this state."
Dr. Theodore Parran of the Case Western School of Medicine
diagnosed Hicks with a psychotic
decomposition and recommended that he be placed into a psychiatric facility for observation. Parran said that although Hicks' actions appeared deliberate, he did not know what he was doing.
The nine-member Ohio Parole Board recommended unanimously on November 15, 2005 that Governor Bob Taft
deny clemency for Hicks. At the hearing, his brother plead for Hicks' life to be spared, while his sister-in-law argued that Hicks should be executed for his crimes.
at the Southern Ohio Correctional Facility
in Lucasville, Ohio
.
Asked for a final statement by the warden, he said:
After the drugs had begun to flow, he said "Whoa. Hallelujah", laughed loudly and then said "Yes. Thank you."
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 Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
. He was executed for the August 3, 1985 murder of his five-year-old stepdaughter, Brandy Green. He was also convicted of the murder of his mother-in-law, Maxine Armstrong, for which he received a life sentence.
Crime
Born in Cincinnati, OhioCincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
, Hicks was a cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
addict and alcoholic
Alcoholism
Alcoholism is a broad term for problems with alcohol, and is generally used to mean compulsive and uncontrolled consumption of alcoholic beverages, usually to the detriment of the drinker's health, personal relationships, and social standing...
. He had purchased cocaine around 4 p.m. on August 2, 1985, but felt a further craving, so he took the VCR from his own home as security for a $50 purchase. He did not have the cash to redeem the VCR and so he knew his wife would become angry when she found out what he had done. He then decided to rob and murder Armstrong.
He telephoned Armstrong to say he was coming home. When he arrived around 11 p.m. he put his stepdaughter to bed. He then approached Armstrong from behind and strangled her with his own hands. To make sure she was really dead he used a length of clothesline. He searched her bedroom and stole $300 and some credit card
Credit card
A credit card is a small plastic card issued to users as a system of payment. It allows its holder to buy goods and services based on the holder's promise to pay for these goods and services...
s.
After buying more cocaine, he realized his stepdaughter would place him at the scene of the crime and could be a potential witness. He returned and smothered her with a pillow. When this failed to kill his stepdaughter, he tried to use his own hands, and then duct tape
Duct tape
Duct tape, or duck tape, is cloth- or scrim-backed pressure sensitive tape often sealed with polyethylene. It is very similar to gaffer tape but differs in that gaffer tape was designed to be cleanly removed, while duct tape was not. It has a standard width of and is generally silver or black...
d her mouth and nose. He attempted to dismember Armstrong in the bathtub, but gave up after nearly cutting one of her legs off. Returning to the body of Brandy Green, he removed her underpants and penetrated her with his finger. His last actions in the apartment were to steal a checkbook, a ring, a .32 caliber pistol, and a box of ammunition. After returning to his apartment around 3 a.m., he fled from Cincinnati at 6 a.m.. He would be later arrested in Knoxville, Tennessee
Knoxville, Tennessee
Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
on August 4, 1985.
Trial and appeals
He was convicted of the aggravated murder of Maxine Armstrong while committing robbery, for which he received a life sentence to be served concurrently with a 10 to 25 year sentence for aggravated robbery. In the murder of his five-year-old stepdaughter, Hicks was convicted of aggravated murder to escape detention and purposeful killing of more than two people. For this he received a death sentence.He was sentenced to death on March 3, 1986 for the aggravated murder of Brandy Green.
Hicks's lawyers have argued that under Ohio law, voluntary intoxication may be considered a mitigating factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
in capital cases. They say that 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,...
was not instructed of this fact. In their report, the 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...
board wrote that although he was intoxicated, the "merciless death" of his stepdaughter was premeditated.
The jury were also told that the final decision of whether to impose a death sentence rested with the trial judge. They say that this may have led some jurors to vote for the death penalty, even though they had doubts about its appropriateness for the case. The Court of Appeals of Ohio overturned the later grounds for 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....
. They stated in their opinion that they did not endorse "the perpetuation of a practice that has fallen into disfavor in this state."
Dr. Theodore Parran of the Case Western School of Medicine
Case Western Reserve University
Case Western Reserve University is a private research university located in Cleveland, Ohio, USA...
diagnosed Hicks with a psychotic
Psychosis
Psychosis means abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality"...
decomposition and recommended that he be placed into a psychiatric facility for observation. Parran said that although Hicks' actions appeared deliberate, he did not know what he was doing.
The nine-member Ohio Parole Board recommended unanimously on November 15, 2005 that Governor Bob Taft
Bob Taft
Robert Alphonso "Bob" Taft II is an Ohio Republican Party politician. He was elected to two terms of office as the 67th Governor of the U.S. state of Ohio between 1999-2007. After leaving office, Taft started working for the University of Dayton beginning August 15, 2007.-Personal background:Taft...
deny clemency for Hicks. At the hearing, his brother plead for Hicks' life to be spared, while his sister-in-law argued that Hicks should be executed for his crimes.
Execution
He was pronounced dead at 10:20 a.m. on November 29, 2005, after being executed 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 Southern Ohio Correctional Facility
Southern Ohio Correctional Facility
The Southern Ohio Correctional Facility is a maximum security prison in Lucasville, Ohio, United States. The prison was constructed in 1972 and currently contains the death house for Ohio where death row inmates are executed...
in Lucasville, Ohio
Lucasville, Ohio
Lucasville is a census-designated place in Scioto County, Ohio, United States. The population was 1,588 at the 2000 census. The village of Lucasville was laid out by Captain John Lucas in June 1819 and recorded August 7, 1819. Captain Lucas built the first tavern in the village and kept it until...
.
Asked for a final statement by the warden, he said:
- "It begun with a syringe in my arm and it ends with a needle in my arm. It’s come full circle. I realize that. … I know this may be shallow or hollow words to y’all but it’s coming from my heart."
After the drugs had begun to flow, he said "Whoa. Hallelujah", laughed loudly and then said "Yes. Thank you."