John Yancey Schmitt
Encyclopedia
John Yancey Schmitt, was an inmate executed by lethal injection
at the Greensville Correctional Center
in Jarratt, Virginia
on November 9, 2006. Schmitt was found guilty of the 1999 murder of Earl Shelton Dunning, 39. Schmitt, who was 25-years old when he committed the capital crime, was sentenced to death on February 18, 2000.
in Bon Air, Virginia
wearing dark sunglasses and a bulky jacket. Schmitt kept his head lowered and appeared to scan the interior of the bank. Bank manager
Sara Parker-Orr testified that she was “nervous” about Schmitt because he was wearing sunglasses inside the bank on a “really cloudy day.”
After Schmitt went inside the bank, Earl Dunning, the bank’s new security guard
, entered the bank and walked across the lobby to stand at the end of the teller line in which customers were waiting. Parker-Orr watched Schmitt leave the line he was currently in and walk toward Dunning. When Schmitt was within “a foot or so” of Dunning, Parker-Orr heard two gunshot
s and then heard someone scream, “Get down, get down.”
Schmitt next approached Parker-Orr's teller window and banged on the counter yelling, “Money
, give me money,” and “If I don't get money, I'm going to kill everybody.” Parker-Orr opened her cash drawer
and threw money into a black plastic bag
that Schmitt was holding. Schmitt continued to bang on the counter demanding “more money.” He said that he would give the tellers ten seconds to give him more money, and began counting backward from the number ten.
By the time Schmitt reached nine, teller Marlene Austin was throwing money in the bag as well. Parker-Orr also gave Schmitt money from a third teller's drawer. When she told Schmitt that she had no more money to give him, he left the bank.
None of the witnesses who testified at trial actually saw who shot Dunning and the shooting was not recorded by the bank's security camera system. The bank's security camera system, however, did record photographs of Schmitt approaching the end of the teller counter and standing at a teller window holding a bag and pointing a gun. Parker-Orr, Austin, and another teller, Kelli Konstaitis, all identified a photograph of Schmitt recorded by the bank's security camera system as depicting the man who robbed the bank that day.
After Schmitt left the bank witnesses telephoned the 9-1-1 emergency response number and attended to Dunning, who was lying on the floor. By the time emergency medical personnel arrived Dunning was dead. An autopsy revealed that Dunning was killed as a result of a .45-caliber bullet entering the right side of his chest causing significant injuries to the aorta and exiting from the right side of his back. Witnesses in the bank testified that they did not touch or see anyone else touch Dunning's gun or its holster; the gun was found in its holster, closed and snapped.
After the murder and robbery Schmitt registered at a Williamsburg hotel the same day under the name “R. Napier” paying cash for a three-day stay at the hotel. The hotel desk clerk testified that Schmitt asked for directions to the local shopping areas, and that when Schmitt later returned to the hotel, his hair was a different color.
Captain Karl S. Leonard of the Chesterfield County
Police Department identified Schmitt after reviewing the photographs taken by the bank's security camera system. On February 19 Leonard learned where Schmitt was staying in Williamsburg
. The James City County Tactical Team surrounded Schmitt's hotel room, and a crisis negotiator, Lieutenant Diane M. Clarcq of the James City County Police Department, attempted to persuade Schmitt to surrender. About 10:30 a.m. the following morning Schmitt surrendered and was taken into police custody.
Leonard obtained a search warrant
for Schmitt's hotel room where a satchel, a .45-caliber handgun, a box of shotgun shells, a black leather jacket, and a variety of newly purchased clothing items were seized. John H. Willmer, a firearms and tool mark examiner employed by the Virginia Division of Forensic Science, testified that he examined the handgun found in Schmitt's hotel room and the cartridge casings and bullets found in the bank. Wilmer testified that the cartridge casings and bullets had been fired from the handgun, and concluded that the pattern of gunpowder residue found on Dunning's clothing indicated that when he was shot the distance between him and the firearm muzzle was between 12 and 36 inches. Inside the satchel was $27,091 in cash, most of which still bore “bank bands” identifying the money as coming from the Bon Air branch of NationsBank.
Schmitt was tried in Chesterfield County. During the penalty phase of the trial the jury
learned that Schmitt, armed with a sawed off shotgun and accompanied by another man, had robbed $65,000 from the very same bank a month before Schmitt had murdered Dunning. After deliberating for nine hours the jury found the presence of the future dangerousness aggravator, and the court sentenced Schmitt to death. Governor
Timothy M. Kaine rejected Schmitt’s request for clemency.
On January 30 Schmitt was arrested for obstruction of justice
related to a hotel disturbance in which he was involved. Schmitt told police that his name was James Comer. A few hours later Sauer received a telephone call from an employee of the Henrico County Jail asking whether he knew James Comer. Sauer responded in the affirmative. The next voice Sauer heard was that of Schmitt who told Sauer to contact Kenny Lockner, collect some money, and take it to the Henrico County Jail to bail
out James Comer. After the bail was provided Schmitt was released from custody. Sauer did not realize that he was actually posting bail for Schmitt instead of Comer until he saw Schmitt walk out of the jail after the bail had been paid.
On February 5 Detective William George and other officers arrived at Sauer's residence in the City of Richmond, Virginia
. George told Sauer that they were looking for Schmitt in connection with a bank robbery. Sauer gave the officers permission to search his home and answered their questions. The search lasted only about 15 minutes but before leaving, George left Sauer with his card and requested permission to interview Sauer at a later date.
On February 7 George and Detective Easton conducted a one-hour long interview with Sauer in his home, a large portion of which was taped and transcribed. Sauer volunteered information regarding: Schmitt's purchase of the car; his efforts to recruit Sauer as a driver; his attempt to purchase Sauer's gun; his plans to kill Joanna Murphy, one of Schmitt's friends; and individuals who might lead police to Schmitt.
Shortly after Dunning’s murder Sauer told George he had seen news of the murder and believed that Schmitt was the perpetrator. George went to Sauer's house whereupon Sauer provided him with information that led to Schmitt's girlfriend and eventually led to locating Schmitt in Williamsburg.
Sometime shortly before March 12 Sauer told George that Schmitt had been calling him from jail. George asked Sauer to tape any future telephone calls from Schmitt and Sauer agreed.
George then talked with Chief Deputy Commonwealth Attorney, Warren Von Schuch, who told George that Sauer could record calls but could not ask questions. Von Schuch instructed George to provide Sauer with a tape recorder for Sauer's phone. Later that day George delivered the recording device to Sauer telling him the only question left unanswered was the origin of the handgun used in the second robbery. On March 12 Schmitt called Sauer from jail. During their conversation Sauer elicited from Schmitt information about the gun, the robbery, and the murder.
Between Christmas and New Years, Von Schuch provided Schmitt’s counsel with a transcript of the March 12 Schmitt/Sauer tape-recorded conversation. Therein Schmitt admitted robbing the bank and shooting Dunning insisting that his gun discharged accidentally during the course of a struggle. Schmitt also chuckled under his breath when he explained how Dunning’s “eyes got real big” when he pointed the gun at him.
At trial the prosecution introduced the Schmitt/Sauer tape during the sentencing phase, and while counsel objected that it constituted a violation of Schmitt's Fifth Amendment
and Sixth Amendment
rights because, “Sauer is clearly acting at the behest of *** and as an agent of the police,” the trial court overruled Schmitt's motion without explaining the basis for its ruling and allowed the tape to be played to the jury and Sauer to testify on behalf of the prosecution.
Lethal 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 Greensville Correctional Center
Greensville Correctional Center
Greensville Correctional Center is a prison facility located in unincorporated Greensville County, Virginia, near Jarratt. It is operated by the Virginia Department of Corrections. Greensville houses the execution chamber used to carry out capital punishment by the Commonwealth of...
in Jarratt, Virginia
Jarratt, Virginia
Jarratt is a town in Greensville and Sussex counties in the U.S. state of Virginia. The population was 589 at the 2000 census.-Geography:According to the United States Census Bureau, the town has a total area of 1.3 square miles , all land....
on November 9, 2006. Schmitt was found guilty of the 1999 murder of Earl Shelton Dunning, 39. Schmitt, who was 25-years old when he committed the capital crime, was sentenced to death on February 18, 2000.
Murder
Shortly after 1:00 p.m. on February 17, 1999, Schmitt entered the NationsBankNationsBank
NationsBank was one of the largest banking corporations in the United States, based in Charlotte, North Carolina. In 1998, it acquired BankAmerica to become Bank of America.-Corporate history:...
in Bon Air, Virginia
Bon Air, Virginia
Bon Air is a census-designated place in Chesterfield County, Virginia, United States. The population was 16,366 at the 2010 census. The community is considered a suburb of the independent city of Richmond in the Richmond-Petersburg region, and shares a post office with Richmond...
wearing dark sunglasses and a bulky jacket. Schmitt kept his head lowered and appeared to scan the interior of the bank. Bank manager
Branch (banking)
A branch, banking center or financial center is a retail location where a bank, credit union, or other financial institution offers a wide array of face-to-face and automated services to its customers....
Sara Parker-Orr testified that she was “nervous” about Schmitt because he was wearing sunglasses inside the bank on a “really cloudy day.”
After Schmitt went inside the bank, Earl Dunning, the bank’s new security guard
Security guard
A security guard is a person who is paid to protect property, assets, or people. Security guards are usually privately and formally employed personnel...
, entered the bank and walked across the lobby to stand at the end of the teller line in which customers were waiting. Parker-Orr watched Schmitt leave the line he was currently in and walk toward Dunning. When Schmitt was within “a foot or so” of Dunning, Parker-Orr heard two gunshot
Gunshot
A gunshot is the discharge of a firearm, producing a mechanical sound effect and a chemical gunshot residue. The term can also refer to a gunshot wound caused by such a discharge. Multiple discharges of a firearm or firearms are referred to as gunfire. The word can connotate either the sound of a...
s and then heard someone scream, “Get down, get down.”
Schmitt next approached Parker-Orr's teller window and banged on the counter yelling, “Money
Money
Money is any object or record that is generally accepted as payment for goods and services and repayment of debts in a given country or socio-economic context. The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally in the past,...
, give me money,” and “If I don't get money, I'm going to kill everybody.” Parker-Orr opened her cash drawer
Cash drawer
A cash drawer is generally a compartment underneath a cash register in which the cash from transactions is kept. The drawer typically contains a removable till. The till is usually divided into compartments used to store each denomination of bank notes and coins separately to make counting easier...
and threw money into a black plastic bag
Plastic bag
A plastic bag, polybag, or pouch is a type of packaging made of thin, flexible, plastic film, nonwoven fabric, or plastic textile. Plastic bags are used for containing and transporting goods such as foods, produce, powders, ice, magazines, comic books, chemicals and waste.Most plastic bags are...
that Schmitt was holding. Schmitt continued to bang on the counter demanding “more money.” He said that he would give the tellers ten seconds to give him more money, and began counting backward from the number ten.
By the time Schmitt reached nine, teller Marlene Austin was throwing money in the bag as well. Parker-Orr also gave Schmitt money from a third teller's drawer. When she told Schmitt that she had no more money to give him, he left the bank.
None of the witnesses who testified at trial actually saw who shot Dunning and the shooting was not recorded by the bank's security camera system. The bank's security camera system, however, did record photographs of Schmitt approaching the end of the teller counter and standing at a teller window holding a bag and pointing a gun. Parker-Orr, Austin, and another teller, Kelli Konstaitis, all identified a photograph of Schmitt recorded by the bank's security camera system as depicting the man who robbed the bank that day.
After Schmitt left the bank witnesses telephoned the 9-1-1 emergency response number and attended to Dunning, who was lying on the floor. By the time emergency medical personnel arrived Dunning was dead. An autopsy revealed that Dunning was killed as a result of a .45-caliber bullet entering the right side of his chest causing significant injuries to the aorta and exiting from the right side of his back. Witnesses in the bank testified that they did not touch or see anyone else touch Dunning's gun or its holster; the gun was found in its holster, closed and snapped.
After the murder and robbery Schmitt registered at a Williamsburg hotel the same day under the name “R. Napier” paying cash for a three-day stay at the hotel. The hotel desk clerk testified that Schmitt asked for directions to the local shopping areas, and that when Schmitt later returned to the hotel, his hair was a different color.
Captain Karl S. Leonard of the Chesterfield County
Chesterfield County, Virginia
Chesterfield County is a county located in the Commonwealth of Virginia, a state of the United States. In 2010, its population was estimated to be 316,236. Chesterfield County is now the fourth-largest municipality in Virginia . Its county seat is Chesterfield...
Police Department identified Schmitt after reviewing the photographs taken by the bank's security camera system. On February 19 Leonard learned where Schmitt was staying in Williamsburg
Williamsburg
Williamsburg may refer to:*Williamsburg, former name of Kernville , California*Williamsburg, Colorado*Williamsburg, Florida*Williamsburg, Dunwoody, Georgia*Williamsburg, Indiana*Williamsburg, Iowa*Williamsburg, Kansas*Williamsburg, Kentucky...
. The James City County Tactical Team surrounded Schmitt's hotel room, and a crisis negotiator, Lieutenant Diane M. Clarcq of the James City County Police Department, attempted to persuade Schmitt to surrender. About 10:30 a.m. the following morning Schmitt surrendered and was taken into police custody.
Leonard obtained a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
for Schmitt's hotel room where a satchel, a .45-caliber handgun, a box of shotgun shells, a black leather jacket, and a variety of newly purchased clothing items were seized. John H. Willmer, a firearms and tool mark examiner employed by the Virginia Division of Forensic Science, testified that he examined the handgun found in Schmitt's hotel room and the cartridge casings and bullets found in the bank. Wilmer testified that the cartridge casings and bullets had been fired from the handgun, and concluded that the pattern of gunpowder residue found on Dunning's clothing indicated that when he was shot the distance between him and the firearm muzzle was between 12 and 36 inches. Inside the satchel was $27,091 in cash, most of which still bore “bank bands” identifying the money as coming from the Bon Air branch of NationsBank.
Schmitt was tried in Chesterfield County. During the penalty phase of the trial 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,...
learned that Schmitt, armed with a sawed off shotgun and accompanied by another man, had robbed $65,000 from the very same bank a month before Schmitt had murdered Dunning. After deliberating for nine hours the jury found the presence of the future dangerousness aggravator, and the court sentenced Schmitt to death. Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Timothy M. Kaine rejected Schmitt’s request for clemency.
Dunning
Ironically, Dunning’s employment at the bank was a direct result of Schmitt’s January robbery. Dunning had been on the job for less than a month having just retired from the U.S. Army after over 20 years of military service.Schmitt's first NationsBank robbery
Clifford Sauer was a roofer who had previously employed Schmitt. After the January 19, 1990 robbery, Schmitt contacted Sauer for his assistance in purchasing a car. Sauer brokered the deal for the car and received a fee from Schmitt for his assistance. Sauer did not then know that Schmitt had robbed a bank but he was suspicious of Schmitt's spending habits and after some prodding Schmitt told Sauer that he had robbed a bank. Schmitt then tried to purchase a gun from Sauer and Sauer refused. He asked Sauer if he wanted to drive for another bank robbery and Sauer declined. Schmitt then told Sauer that if “you breathe one word of this to anyone *** I'm going to have to kill you or my friends will have to kill you.”On January 30 Schmitt was arrested for obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
related to a hotel disturbance in which he was involved. Schmitt told police that his name was James Comer. A few hours later Sauer received a telephone call from an employee of the Henrico County Jail asking whether he knew James Comer. Sauer responded in the affirmative. The next voice Sauer heard was that of Schmitt who told Sauer to contact Kenny Lockner, collect some money, and take it to the Henrico County Jail to bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
out James Comer. After the bail was provided Schmitt was released from custody. Sauer did not realize that he was actually posting bail for Schmitt instead of Comer until he saw Schmitt walk out of the jail after the bail had been paid.
On February 5 Detective William George and other officers arrived at Sauer's residence in the City of Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
. George told Sauer that they were looking for Schmitt in connection with a bank robbery. Sauer gave the officers permission to search his home and answered their questions. The search lasted only about 15 minutes but before leaving, George left Sauer with his card and requested permission to interview Sauer at a later date.
On February 7 George and Detective Easton conducted a one-hour long interview with Sauer in his home, a large portion of which was taped and transcribed. Sauer volunteered information regarding: Schmitt's purchase of the car; his efforts to recruit Sauer as a driver; his attempt to purchase Sauer's gun; his plans to kill Joanna Murphy, one of Schmitt's friends; and individuals who might lead police to Schmitt.
Shortly after Dunning’s murder Sauer told George he had seen news of the murder and believed that Schmitt was the perpetrator. George went to Sauer's house whereupon Sauer provided him with information that led to Schmitt's girlfriend and eventually led to locating Schmitt in Williamsburg.
Sometime shortly before March 12 Sauer told George that Schmitt had been calling him from jail. George asked Sauer to tape any future telephone calls from Schmitt and Sauer agreed.
George then talked with Chief Deputy Commonwealth Attorney, Warren Von Schuch, who told George that Sauer could record calls but could not ask questions. Von Schuch instructed George to provide Sauer with a tape recorder for Sauer's phone. Later that day George delivered the recording device to Sauer telling him the only question left unanswered was the origin of the handgun used in the second robbery. On March 12 Schmitt called Sauer from jail. During their conversation Sauer elicited from Schmitt information about the gun, the robbery, and the murder.
Between Christmas and New Years, Von Schuch provided Schmitt’s counsel with a transcript of the March 12 Schmitt/Sauer tape-recorded conversation. Therein Schmitt admitted robbing the bank and shooting Dunning insisting that his gun discharged accidentally during the course of a struggle. Schmitt also chuckled under his breath when he explained how Dunning’s “eyes got real big” when he pointed the gun at him.
At trial the prosecution introduced the Schmitt/Sauer tape during the sentencing phase, and while counsel objected that it constituted a violation of Schmitt's Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
rights because, “Sauer is clearly acting at the behest of *** and as an agent of the police,” the trial court overruled Schmitt's motion without explaining the basis for its ruling and allowed the tape to be played to the jury and Sauer to testify on behalf of the prosecution.
See also
- Capital punishment in VirginiaCapital punishment in VirginiaCapital punishment is legal in the U.S. State of Virginia. In what is now the Commonwealth of Virginia, the first execution in the future United States was carried out in 1608. It was the first of 1,384 executions, the highest total of any state in the Union...
- 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...