Joseph Mitchell Parsons
Encyclopedia
Joseph Mitchell "Yogi" Parsons (July 22, 1964 – October 15, 1999) was an American who was executed
for the August 1987 murder of Richard Lynn Ernest. Parsons hitched
a ride with Ernest in California
and stabbed him to death at a remote rest area
in Utah
. After assuming Ernest's identity, Parsons continued to insist that he was Ernest when he was later arrested.
Parsons, who called himself the "Rainbow Warrior", pleaded guilty to the murder. During his sentencing hearing, Parsons said that he killed Ernest to fend off a homosexual
advance, but was unable to present any evidence to support this claim in his defense. The jury sentenced him to death. In 1999, Parsons stated that "it's time to move on" and dropped his appeals, allowing his execution to proceed. Discussion was later raised whether "Rainbow Warrior" was a reference to homosexuality or Parsons' favorite auto racing team.
Parsons chose to die by lethal injection
, avoiding the publicity that John Albert Taylor
, the previous prisoner to be executed in Utah, sought by selecting the firing squad
. Parsons shunned attention and described himself as "Utah's forgotten inmate". His 1999 execution at Utah State Prison
was the first to be carried out in a new chamber designed for both lethal injections and firing squads.
. Joseph Mitchell spent the first five years of his life without his father, who was incarcerated in jail. His parents worked odd jobs from sewing fuzzy dice
to construction. Joseph Mitchell's half-sister Dinah said that his father beat him frequently until he wet
himself. After Joseph Michael left the family, Marie took Joseph Mitchell and Dinah to Florida
, where Marie met and married Lawrence Gordon. Dinah met a drug dealer nicknamed Yogi, who Parsons admired. Parsons later adopted the nickname and had "Yogi" tattoo
ed onto his right arm.
After a year in Florida, Parsons was caught stealing cash from an apartment management office. He ended up with three burglary
convictions during his four years in the state as a minor. He graduated from high school with a C average and sold shoes in a shopping mall. When Parsons' stepfather refused to buy him a motorcycle, Parsons took one for a test drive
from a dealer in Fort Lauderdale
and did not return. He went to New Jersey
to see his biological father, but was rebuffed. Parsons' sister-in-law Theresa Gomez said, "He rejected him ... Who knows what went through his mind?" Parsons then rode the motorcycle west to Las Vegas, Nevada
.
in search of marijuana. Near the destination, Parsons pointed a .22-caliber revolver at the driver's neck to rob him. After stealing the driver's taxi, the two were caught in an alley and placed under citizen's arrest
by Charles Conant and his brother-in-law Ronald Maske, who were both armed with guns. During trial, Parsons characterized himself as an orphan who stayed out of trouble and testified against Wood. The court did not have access to Parsons' juvenile record, and was unaware of his parents on the East Coast
. Parsons later stated that he provided false testimony against Wood in a plea bargain
for a lighter sentence. Wood was convicted and spent 13 years in prison. No visitors came to see Parsons during his five years at Nevada State Prison
. In August 1987, Parsons was parole
d to a halfway house
in Reno
. He walked out of the facility before his release date and fled on a stolen motorcycle.
On August 30, 1987, Parsons was hitchhiking
along Interstate 15
near Barstow, California
. He was picked up by 30-year-old Richard Lynn Ernest, a concrete laborer from Loma Linda, California
on his way to a construction job in Denver, Colorado
. Ernest did not know that Parsons was a fugitive
. At about 3 a.m. on August 31, Ernest was too tired to drive and stopped at the Lunt Park rest area
near Cedar City, Utah
to get some sleep. Parsons stabbed Ernest to death and drove off in his blue Dodge Omni
.
At about 5 a.m., Parsons stopped at a Texaco
service station 23 miles to the north. He was wearing Ernest's clothes and had assumed his identity
. Parsons told the station attendant he needed to hose out red construction paint from the car's interior and offered to give him Ernest's construction tools. The attendant said that he observed Parsons throwing away clothing, books, posters and carpentry tools into a dumpster. Parsons asked the attendant about the distance to Denver and spoke of Ernest's 9-year-old son as his own. He purchased cigarettes and food with Ernest's MasterCharge credit card before leaving. At 7:23 a.m., Parsons used the credit card to check into a Quality Inn at Richfield, Utah
. He used the card again at about 10 a.m. to purchase seat covers and floor mats from Kmart
to cover up the blood stains in the car. A clerk called the Richfield Police Department after Parsons attempted to purchase $300 worth of items at 12:34 p.m. and the credit card was found to be over its limit
. The attendant back at the Texaco station called the Beaver County
Sheriff's Office after discovering bloody items in the dumpster. Deputy Raymond Goodwin found Ernest's bank statement and Parsons' bloody clothes in the dumpster. After calling Ernest's wife Beverley, the officers concluded that the person who visited the service station was not Richard Ernest. At about 4:25 p.m. on August 31, a Utah Highway Patrol
officer found Parsons sleeping in Ernest's car at the Red Creek rest area on Interstate 70
, west of Salina, Utah
. When Parsons was brought into the Richfield police station where the bloody clothes were gathered, he continued to insist that he was Ernest. When officers asked for his street address, Parsons asked for a lawyer. Sheriff Kenneth Yardley recalled that Parsons asked if he could keep his book to read.
On September 1, 1987, Ernest's body was discovered underneath a sleeping bag dumped on the east side of Interstate 15
, about a mile north of the rest area where he had been killed. He had been stabbed nine times, including in the heart and throat.
prosecutor Scott Burns stated that he had witnesses from three different states and crime scenes in three different counties. While awaiting trial in the county jail, Parsons became afflicted with a severe case of crab lice. Lieutenant Matt Yengich told investigators that Parsons likely contracted the lice from "some type of homosexual
interaction".
During a court hearing for the murder, Parsons said, "Why are we doing this? I did it and everyone knows I did it." He pleaded guilty to motor vehicle theft
, aggravated robbery
and first-degree murder
on September 18, 1987. Parsons' sentence was decided by a jury. Parsons said that he was defending himself with a four-inch knife when Ernest grabbed his leg and thought that Ernest's multiple wounds were "superficial." Parsons was unable to present evidence to corroborate his claim of a sexual advance by Ernest. Ernest's family and friends stated in court that Ernest was not gay or bisexual. Prosecution witnesses testified of Parsons' homosexual activity in jail. According to forensic psychiatrist
David Tomb from the University of Utah
, the descriptions of Parsons' sexual history indicated that he "may have been the one initiating the contact and became angry when [Ernest] turned him down." A medical examiner testified that Ernest appeared to have been stabbed while sleeping and was unable to defend himself. On February 18, 1988, a jury of six men and six women sentenced Parsons to death. He was sent to Utah State Prison
.
Parsons filed an appeal disputing the constitutionality of his first-degree murder conviction with the Utah Supreme Court
. His attorney argued that Parsons had already been convicted of another charge for the crime, making his murder conviction a violation of double jeopardy
. On October 16, 1989, the court unanimously
upheld the conviction and rejected his appeal on the grounds that Parsons should have raised that objection before he waived his right to a trial with his guilty plea. On March 5, 1990, District Judge J. Philip Eves rejected Parsons' complaint that he was denied his right to legal counsel while in prison and set his execution date for April 30, 1990. A new team of attorneys, which included Gregory Sanders and Ronald Yengich of the Rocky Mountain Defense Fund, took up Parsons' appeal that he had ineffective counsel during his trial. On January 12, 1994, the Utah Supreme Court rejected Parsons' petition for a writ of habeas corpus
.
On July 6, 1999, Parsons abandoned a federal appeal of his sentence to the U.S. 10th Circuit Court of Appeals
, stating that he preferred execution than waiting for years on death row. He complained that he was bored in prison, which he called "torture, plain and simple." The last visit Parsons had received was two hours with his mother in 1996. On August 16, 1999, District Judge Philip Eves signed a death warrant
and scheduled Parsons' execution for October 15.
and turned over to his family. Prison spokesperson Jack Ford said that the requests would be granted, but that Parsons would only be allowed to shoot some hoops in a fenced recreation area instead of a game of basketball in the prison gymnasium. The authorities were concerned that an injury could delay the execution. Parsons was permitted to walk outdoors at night to the place of execution.
On the evening before his execution, Parsons watched The Mummy
and was visited in his death watch
cell by his brother and his cousin. They shared his last meal
of Burger King
hamburgers, french fries, milkshakes, root beer, and chocolate chip ice cream. Parsons' attorney said he believed his client chose this meal because the Burger King slogan "Have it your way" was a reflection of him taking control of his life. After playing a game of Uno, he asked for the score of the 1999 American League Championship Series game. Parsons was permitted to call his mother Marie Gordon Rivera in Florida and his sister.
Parsons would become the first inmate to be executed in a new chamber that was built in 1998 at Utah State Prison for use in either firing squads or lethal injections. Two people, whose identities were withheld, were selected to administer individual injections, of which only one was lethal so that neither would know with certainty who executed the prisoner. The prison selected among paramedics or nurses because the American Medical Association
prohibits licensed physicians from participating in executions. A mild sedative
was delivered intravenously
to calm Parsons before the deadly drugs were administered.
At 12:10 a.m. on October 15, 1999, Parsons was executed by lethal injection. Seven minutes later, a physician checked Parsons' stopped heartbeat
with a stethoscope
and pronounced him dead at 12:18 a.m. Parsons' last words
were: "Love to my family and friends. And Woody, the rainbow warrior rules. Thank you."
After the execution, prison spokesperson Jack Ford said that "rainbow
" may have been a homosexual reference to the victim, but fellow inmate Doug "Woody" Lovell claimed that "Rainbow Warrior" was referring to the colorful racing car of NASCAR
champion Jeff Gordon
. However, attorney Greg Sanders stated that Parsons spoke to him about his hatred of homosexuals.
of Utah planned to organize a candlelight vigil
in opposition to the execution
. A group of less than 50 people gathered outside the prison, mostly criminal justice
students from Weber State University
.
Unlike the previous execution of John Albert Taylor
in 1996 (or Ronnie Lee Gardner
that would follow in 2010), Parsons' execution attracted little media attention, with representatives from only 12 news organizations. Spokesperson Jack Ford called the level of interest virtually "nonexistent". Deputy attorney general Reed Richards presumed that the media apathy was a result of Parsons' choice of lethal injection
, which was more broadly adopted in the United States than execution by firing squad
, which was unique to Utah
. Parsons' court-appointed attorney Greg Sanders said that his client called himself "Utah's forgotten inmate". Ernest's widow Beverley, who attended the execution, said that she was grateful for the lack of media scrutiny.
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...
for the August 1987 murder of Richard Lynn Ernest. Parsons hitched
Hitchhiking
Hitchhiking is a means of transportation that is gained by asking people, usually strangers, for a ride in their automobile or other road vehicle to travel a distance that may either be short or long...
a ride with Ernest in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and stabbed him to death at a remote rest area
Rest area
A rest area, travel plaza, rest stop, or service area is a public facility, located next to a large thoroughfare such as a highway, expressway, or freeway at which drivers and passengers can rest, eat, or refuel without exiting on to secondary roads...
in 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...
. After assuming Ernest's identity, Parsons continued to insist that he was Ernest when he was later arrested.
Parsons, who called himself the "Rainbow Warrior", pleaded guilty to the murder. During his sentencing hearing, Parsons said that he killed Ernest to fend off a homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
advance, but was unable to present any evidence to support this claim in his defense. The jury sentenced him to death. In 1999, Parsons stated that "it's time to move on" and dropped his appeals, allowing his execution to proceed. Discussion was later raised whether "Rainbow Warrior" was a reference to homosexuality or Parsons' favorite auto racing team.
Parsons chose to die by lethal injection
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...
, avoiding the publicity that John Albert Taylor
John Albert Taylor
John Albert Taylor was an American who was convicted of burglary and carrying a concealed weapon in the state of Florida, and sexual assault and murder in the state of Utah. Taylor's own sister tipped off police in June 1989 after 11-year-old Charla King was found raped and strangled to death in...
, the previous prisoner to be executed in Utah, sought by selecting the 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...
. Parsons shunned attention and described himself as "Utah's forgotten inmate". His 1999 execution 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:...
was the first to be carried out in a new chamber designed for both lethal injections and firing squads.
Background
Joseph Mitchell Parsons was born on July 22, 1964 to Joseph Michael and Marie Parsons in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. Joseph Mitchell spent the first five years of his life without his father, who was incarcerated in jail. His parents worked odd jobs from sewing fuzzy dice
Fuzzy dice
Fuzzy dice, known in the British Isles as furry dice or fluffy dice, are an automotive decoration consisting of two over-sized plush dice which hang from the rear-view mirror.-Origin and history:...
to construction. Joseph Mitchell's half-sister Dinah said that his father beat him frequently until he wet
Urination
Urination, also known as micturition, voiding, peeing, weeing, pissing, and more rarely, emiction, is the ejection of urine from the urinary bladder through the urethra to the outside of the body. In healthy humans the process of urination is under voluntary control...
himself. After Joseph Michael left the family, Marie took Joseph Mitchell and Dinah to Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, where Marie met and married Lawrence Gordon. Dinah met a drug dealer nicknamed Yogi, who Parsons admired. Parsons later adopted the nickname and had "Yogi" tattoo
Tattoo
A tattoo is made by inserting indelible ink into the dermis layer of the skin to change the pigment. Tattoos on humans are a type of body modification, and tattoos on other animals are most commonly used for identification purposes...
ed onto his right arm.
After a year in Florida, Parsons was caught stealing cash from an apartment management office. He ended up with three burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
convictions during his four years in the state as a minor. He graduated from high school with a C average and sold shoes in a shopping mall. When Parsons' stepfather refused to buy him a motorcycle, Parsons took one for a test drive
Test drive
A test drive is the driving of an automobile to assess its drivability, or roadworthiness, and general operating state. A person who tests vehicles for a living, either for an automobile company or a motorsports team, is called a test driver....
from a dealer in Fort Lauderdale
Fort Lauderdale, Florida
Fort Lauderdale is a city in the U.S. state of Florida, on the Atlantic coast. It is the county seat of Broward County. As of the 2010 census, the city had a population of 165,521. It is a principal city of the South Florida metropolitan area, which was home to 5,564,635 people at the 2010...
and did not return. He went to New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
to see his biological father, but was rebuffed. Parsons' sister-in-law Theresa Gomez said, "He rejected him ... Who knows what went through his mind?" Parsons then rode the motorcycle west to Las Vegas, Nevada
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
.
Imprisonment in Nevada
On the night of October 16 to 17, 1982, Parsons met David Wood in Las Vegas and took a cab to the StripLas Vegas Strip
The Las Vegas Strip is an approximately stretch of Las Vegas Boulevard in Clark County, Nevada; adjacent to, but outside the city limits of Las Vegas proper. The Strip lies within the unincorporated townships of Paradise and Winchester...
in search of marijuana. Near the destination, Parsons pointed a .22-caliber revolver at the driver's neck to rob him. After stealing the driver's taxi, the two were caught in an alley and placed under citizen's arrest
Citizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
by Charles Conant and his brother-in-law Ronald Maske, who were both armed with guns. During trial, Parsons characterized himself as an orphan who stayed out of trouble and testified against Wood. The court did not have access to Parsons' juvenile record, and was unaware of his parents on the East Coast
East Coast of the United States
The East Coast of the United States, also known as the Eastern Seaboard, refers to the easternmost coastal states in the United States, which touch the Atlantic Ocean and stretch up to Canada. The term includes the U.S...
. Parsons later stated that he provided false testimony against Wood in a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
for a lighter sentence. Wood was convicted and spent 13 years in prison. No visitors came to see Parsons during his five years at Nevada State Prison
Nevada State Prison
Nevada State Prison is a penitentiary located in Carson City. The prison has been in continuous operation since it was established in 1862 and is managed by the Nevada Department of Corrections. It is one of the oldest prisons still operating in the United States. The high security facility housed...
. In August 1987, Parsons was 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...
d to a halfway house
Halfway house
The purpose of a halfway house, also called a recovery house or sober house, is generally to allow people to begin the process of reintegration with society, while still providing monitoring and support; this is generally believed to reduce the risk of recidivism or relapse when compared to a...
in Reno
Reno, Nevada
Reno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...
. He walked out of the facility before his release date and fled on a stolen motorcycle.
Death of Richard Ernest
Hitchhiking
Hitchhiking is a means of transportation that is gained by asking people, usually strangers, for a ride in their automobile or other road vehicle to travel a distance that may either be short or long...
along Interstate 15
Interstate 15
Interstate 15 is the fourth-longest north–south Interstate Highway in the United States, traveling through the states of California, Nevada, Arizona, Utah, Idaho, and Montana from San Diego to the Canadian border...
near Barstow, California
Barstow, California
Barstow is a city in San Bernardino County, California, United States. The population was 22,639 at the 2010 census, up from 21,119 at the 2000 census. Barstow is located north of San Bernardino....
. He was picked up by 30-year-old Richard Lynn Ernest, a concrete laborer from Loma Linda, California
Loma Linda, California
Loma Linda is a city in San Bernardino County, California, United States, that was incorporated in 1970. The population was 23,261 at the 2010 census, up from 18,681 at the 2000 census...
on his way to a construction job in Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
. Ernest did not know that Parsons was a fugitive
Fugitive
A fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals...
. At about 3 a.m. on August 31, Ernest was too tired to drive and stopped at the Lunt Park rest area
Rest area
A rest area, travel plaza, rest stop, or service area is a public facility, located next to a large thoroughfare such as a highway, expressway, or freeway at which drivers and passengers can rest, eat, or refuel without exiting on to secondary roads...
near Cedar City, Utah
Cedar City, Utah
As of the census of 2000, there were 20,527 people, 6,486 households, and 4,682 families residing in the city. The population density was 1,021.8 people per square mile . There were 7,109 housing units at an average density of 353.9 per square mile...
to get some sleep. Parsons stabbed Ernest to death and drove off in his blue Dodge Omni
Dodge Omni
The Dodge Omni and the similar Plymouth Horizon were front wheel drive cars introduced by the Dodge and Plymouth divisions of the Chrysler Corporation in North America in 1978, and were based on a European Simca-based design of the same name...
.
At about 5 a.m., Parsons stopped at a Texaco
Texaco
Texaco is the name of an American oil retail brand. Its flagship product is its fuel "Texaco with Techron". It also owns the Havoline motor oil brand....
service station 23 miles to the north. He was wearing Ernest's clothes and had assumed his identity
Impostor
An impostor or imposter is a person who pretends to be somebody else, often to try to gain financial or social advantages through social engineering, but just as often for purposes of espionage or law enforcement....
. Parsons told the station attendant he needed to hose out red construction paint from the car's interior and offered to give him Ernest's construction tools. The attendant said that he observed Parsons throwing away clothing, books, posters and carpentry tools into a dumpster. Parsons asked the attendant about the distance to Denver and spoke of Ernest's 9-year-old son as his own. He purchased cigarettes and food with Ernest's MasterCharge credit card before leaving. At 7:23 a.m., Parsons used the credit card to check into a Quality Inn at Richfield, Utah
Richfield, Utah
Richfield is a city in and the county seat of Sevier County, Utah, in the United States, and is the largest city in southern-central Utah. As of the 2010 census, the city population was 7,551. It lies in the Mormon Corridor, just off of Interstate 70 about 40 miles east of its junction with...
. He used the card again at about 10 a.m. to purchase seat covers and floor mats from Kmart
Kmart
Kmart, sometimes styled as "K-Mart," is a chain of discount department stores. The chain acquired Sears in 2005, forming a new corporation under the name Sears Holdings Corporation. The company was founded in 1962 and is the third largest discount store chain in the world, behind Wal-Mart and...
to cover up the blood stains in the car. A clerk called the Richfield Police Department after Parsons attempted to purchase $300 worth of items at 12:34 p.m. and the credit card was found to be over its limit
Credit limit
A credit limit is the maximum amount of credit that a financial institution or other lender will extend to a debtor for a particular line of credit...
. The attendant back at the Texaco station called the Beaver County
Beaver County, Utah
As of the census of 2010, there were 6,629 people, 2,265 households, and 1,697 families residing in the county. The population density was 2.56 people per square mile . There were 2,908 housing units at an average density of 1.12 per square mile...
Sheriff's Office after discovering bloody items in the dumpster. Deputy Raymond Goodwin found Ernest's bank statement and Parsons' bloody clothes in the dumpster. After calling Ernest's wife Beverley, the officers concluded that the person who visited the service station was not Richard Ernest. At about 4:25 p.m. on August 31, a Utah Highway Patrol
Utah Highway Patrol
The Utah Highway Patrol is the functional equivalent of the state police for Utah. Its sworn members, known as Troopers are certified law enforcement officers and have statewide jurisdiction...
officer found Parsons sleeping in Ernest's car at the Red Creek rest area on Interstate 70
Interstate 70 in Utah
Interstate 70 is a mainline route of the Interstate Highway System in the United States connecting Utah and Maryland. The Utah section runs east–west for across the central part of the state. Richfield is the largest Utah city served by the freeway, which does not serve or connect any urban areas...
, west of Salina, Utah
Salina, Utah
Salina is a city in Sevier County, Utah, United States. The population was 2,393 at the 2000 census.-History:The first permanent settlers moved into the area in 1864 at the direction of leaders of the Church of Jesus Christ of Latter-day Saints...
. When Parsons was brought into the Richfield police station where the bloody clothes were gathered, he continued to insist that he was Ernest. When officers asked for his street address, Parsons asked for a lawyer. Sheriff Kenneth Yardley recalled that Parsons asked if he could keep his book to read.
On September 1, 1987, Ernest's body was discovered underneath a sleeping bag dumped on the east side of Interstate 15
Interstate 15 in Utah
In the U.S. state of Utah, Interstate 15 runs north–south through the southwestern and central portions of the state, passing through many of the population centers of that state, including St. George, Provo, Salt Lake City, and Ogden, the latter three being part of the urban area known as...
, about a mile north of the rest area where he had been killed. He had been stabbed nine times, including in the heart and throat.
Trial and sentencing
Iron CountyIron County, Utah
As of the census of 2000, there were 33,779 people, 10,627 households, and 8,076 families residing in the county. The population density was 10 people per square mile . There were 13,618 housing units at an average density of 4 per square mile...
prosecutor Scott Burns stated that he had witnesses from three different states and crime scenes in three different counties. While awaiting trial in the county jail, Parsons became afflicted with a severe case of crab lice. Lieutenant Matt Yengich told investigators that Parsons likely contracted the lice from "some type of homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
interaction".
During a court hearing for the murder, Parsons said, "Why are we doing this? I did it and everyone knows I did it." He pleaded guilty to motor vehicle theft
Motor vehicle theft
Motor vehicle theft is the criminal act of stealing or attempting to steal a motor vehicle...
, aggravated 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....
and first-degree 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...
on September 18, 1987. Parsons' sentence was decided by a jury. Parsons said that he was defending himself with a four-inch knife when Ernest grabbed his leg and thought that Ernest's multiple wounds were "superficial." Parsons was unable to present evidence to corroborate his claim of a sexual advance by Ernest. Ernest's family and friends stated in court that Ernest was not gay or bisexual. Prosecution witnesses testified of Parsons' homosexual activity in jail. According to forensic psychiatrist
Forensic psychiatry
Forensic psychiatry is a sub-speciality of psychiatry and an auxiliar science of criminology. It encompasses the interface between law and psychiatry...
David Tomb from the University of Utah
University of Utah
The University of Utah, also known as the U or the U of U, is a public, coeducational research university in Salt Lake City, Utah, United States. The university was established in 1850 as the University of Deseret by the General Assembly of the provisional State of Deseret, making it Utah's oldest...
, the descriptions of Parsons' sexual history indicated that he "may have been the one initiating the contact and became angry when [Ernest] turned him down." A medical examiner testified that Ernest appeared to have been stabbed while sleeping and was unable to defend himself. On February 18, 1988, a jury of six men and six women sentenced Parsons to death. He was sent to 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:...
.
Appeals
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...
. His attorney argued that Parsons had already been convicted of another charge for the crime, making his murder conviction a violation of double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
. On October 16, 1989, the court unanimously
Unanimity
Unanimity is agreement by all people in a given situation. When unanimous, everybody is of the same mind and acting together as one. Though unlike uniformity, it does not constitute absolute agreement. Many groups consider unanimous decisions a sign of agreement, solidarity, and unity...
upheld the conviction and rejected his appeal on the grounds that Parsons should have raised that objection before he waived his right to a trial with his guilty plea. On March 5, 1990, District Judge J. Philip Eves rejected Parsons' complaint that he was denied his right to legal counsel while in prison and set his execution date for April 30, 1990. A new team of attorneys, which included Gregory Sanders and Ronald Yengich of the Rocky Mountain Defense Fund, took up Parsons' appeal that he had ineffective counsel during his trial. On January 12, 1994, the Utah Supreme Court rejected Parsons' petition 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...
.
On July 6, 1999, Parsons abandoned a federal appeal of his sentence to the U.S. 10th Circuit Court of Appeals
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
, stating that he preferred execution than waiting for years on death row. He complained that he was bored in prison, which he called "torture, plain and simple." The last visit Parsons had received was two hours with his mother in 1996. On August 16, 1999, District Judge Philip Eves signed a death warrant
Execution warrant
An execution warrant is a writ which authorizes the execution of a judgment of death on an individual...
and scheduled Parsons' execution for October 15.
Execution
Parsons submitted a last request to walk under the stars, play basketball, and watch science-fiction films to prison warden Hank Galetka. Parsons also asked for his remains to be crematedCremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
and turned over to his family. Prison spokesperson Jack Ford said that the requests would be granted, but that Parsons would only be allowed to shoot some hoops in a fenced recreation area instead of a game of basketball in the prison gymnasium. The authorities were concerned that an injury could delay the execution. Parsons was permitted to walk outdoors at night to the place of execution.
On the evening before his execution, Parsons watched The Mummy
The Mummy (1999 film)
The Mummy is a 1999 American adventure film written and directed by Stephen Sommers and starring Brendan Fraser, Rachel Weisz, John Hannah and Kevin J. O'Connor, with Arnold Vosloo in the title role as the reanimated mummy. The film features substantial dialogue in ancient Egyptian language, spoken...
and was visited in his death watch
Suicide watch
Suicide watch is an intensive monitoring process used to ensure that an individual does not die by suicide. Usually the term is used in reference to inmates in a prison, hospital, psychiatric hospital, or military bases...
cell by his brother and his cousin. They shared 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...
of Burger King
Burger King
Burger King, often abbreviated as BK, is a global chain of hamburger fast food restaurants headquartered in unincorporated Miami-Dade County, Florida, United States. The company began in 1953 as Insta-Burger King, a Jacksonville, Florida-based restaurant chain...
hamburgers, french fries, milkshakes, root beer, and chocolate chip ice cream. Parsons' attorney said he believed his client chose this meal because the Burger King slogan "Have it your way" was a reflection of him taking control of his life. After playing a game of Uno, he asked for the score of the 1999 American League Championship Series game. Parsons was permitted to call his mother Marie Gordon Rivera in Florida and his sister.
Parsons would become the first inmate to be executed in a new chamber that was built in 1998 at Utah State Prison for use in either firing squads or lethal injections. Two people, whose identities were withheld, were selected to administer individual injections, of which only one was lethal so that neither would know with certainty who executed the prisoner. The prison selected among paramedics or nurses because the American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
prohibits licensed physicians from participating in executions. A mild sedative
Sedative
A sedative or tranquilizer is a substance that induces sedation by reducing irritability or excitement....
was delivered intravenously
Intravenous therapy
Intravenous therapy or IV therapy is the infusion of liquid substances directly into a vein. The word intravenous simply means "within a vein". Therapies administered intravenously are often called specialty pharmaceuticals...
to calm Parsons before the deadly drugs were administered.
At 12:10 a.m. on October 15, 1999, Parsons was executed by lethal injection. Seven minutes later, a physician checked Parsons' stopped heartbeat
Heart sounds
Heart sounds, or heartbeats, are the noises generated by the beating heart and the resultant flow of blood through it...
with a stethoscope
Stethoscope
The stethoscope is an acoustic medical device for auscultation, or listening to the internal sounds of an animal body. It is often used to listen to lung and heart sounds. It is also used to listen to intestines and blood flow in arteries and veins...
and pronounced him dead at 12:18 a.m. Parsons' last words
Last words
Last words are a person's final words spoken before death.Last Words may also refer to:* Last Words , an Australian punk band* Last Words , a memoir by George Carlin* Last Words , a 1968 short film directed by Werner Herzog...
were: "Love to my family and friends. And Woody, the rainbow warrior rules. Thank you."
After the execution, prison spokesperson Jack Ford said that "rainbow
Rainbow flag (LGBT movement)
The rainbow flag, sometimes pride flag, LGBT pride flag or gay pride flag, is a symbol of lesbian, gay, bisexual, and transgender pride and LGBT social movements in use since the 1970s. The colours reflect the diversity of the LGBT community, and the flag is often used as a symbol of gay pride in...
" may have been a homosexual reference to the victim, but fellow inmate Doug "Woody" Lovell claimed that "Rainbow Warrior" was referring to the colorful racing car of NASCAR
NASCAR
The National Association for Stock Car Auto Racing is a family-owned and -operated business venture that sanctions and governs multiple auto racing sports events. It was founded by Bill France Sr. in 1947–48. As of 2009, the CEO for the company is Brian France, grandson of the late Bill France Sr...
champion Jeff Gordon
Jeff Gordon
Jeffery Michael "Jeff" Gordon is a professional NASCAR driver. He is the driver of the #24 Drive to End Hunger/DuPont/Pepsi Chevrolet Impala. He is a four-time Sprint Cup Series champion and a three-time Daytona 500 winner. He is third on the all-time wins list, with 85 career wins, and has the...
. However, attorney Greg Sanders stated that Parsons spoke to him about his hatred of homosexuals.
Public reaction
Although Parsons requested that no one protest his death, the American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
of Utah planned to organize a candlelight vigil
Candlelight vigil
A candlelight vigil is an outdoor assembly of people carrying candles, held after sunset. Such events are typically held either to protest the suffering of some marginalized group of people, or in memory of lives lost to some disease, disaster, massacre or other tragedy. In the latter case, the...
in opposition to the execution
Opposition to capital punishment in the United States
Opposition to capital punishment in the United States existed as early as the colonial period. Opposition to the death penalty peaked in 1966 , rising to 47% opposition, higher than those who supported it , the rest had 'no opinion'...
. A group of less than 50 people gathered outside the prison, mostly criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
students from Weber State University
Weber State University
Weber State University is a public university located in the city of Ogden in Weber County, Utah, USA. It was founded in 1889 and is a coeducational, publicly supported university offering professional, liberal arts and technical certificates, as well as associate, bachelor's and master's degrees...
.
Unlike the previous execution of John Albert Taylor
John Albert Taylor
John Albert Taylor was an American who was convicted of burglary and carrying a concealed weapon in the state of Florida, and sexual assault and murder in the state of Utah. Taylor's own sister tipped off police in June 1989 after 11-year-old Charla King was found raped and strangled to death in...
in 1996 (or Ronnie Lee Gardner
Ronnie Lee Gardner
Ronnie Lee Gardner was an American criminal who received the death penalty for murder in 1985, and was executed by firing squad by the state of Utah in 2010...
that would follow in 2010), Parsons' execution attracted little media attention, with representatives from only 12 news organizations. Spokesperson Jack Ford called the level of interest virtually "nonexistent". Deputy attorney general Reed Richards presumed that the media apathy was a result of Parsons' choice of lethal injection
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...
, which was more broadly adopted in the United States than 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...
, which was unique to 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...
. Parsons' court-appointed attorney Greg Sanders said that his client called himself "Utah's forgotten inmate". Ernest's widow Beverley, who attended the execution, said that she was grateful for the lack of media scrutiny.
See also
- Capital punishment in Utah
- 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...
- Gay panic defenseGay panic defenseThe gay panic defense is a legal defense against charges of assault or murder. A defendant using the gay panic defense claims that he or she acted in a state of violent temporary insanity because of a little-known psychiatric condition called homosexual panic. Trans panic is a similar defense...
External links
- Complete text of Parsons' final letter at Deseret News
- Joseph Mitchell Parsons v. M. Eldon Barnes, warden – Utah Supreme CourtUtah Supreme CourtThe 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...
(April 18, 1994) - Joseph Mitchell Parsons v. Hank Galetka, warden – Utah Supreme CourtUtah Supreme CourtThe 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...
(July 15, 1999) - Joseph Mitchell Parsons v. Hank Galetka, warden – Utah Supreme CourtUtah Supreme CourtThe 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...
(July 29, 1999) - Joseph Parsons at KSL-TVKSL-TVKSL-TV, virtual channel 5, is an NBC-affiliated television station located in Salt Lake City, Utah, USA. KSL-TV is owned by Bonneville International Corporation, which is in turn owned by The Church of Jesus Christ of Latter-day Saints...