Tuesday, August 15, 2000
David Earl Gibbs Scheduled to be Executed
AUSTIN - Texas Attorney General John Cornyn offers the following information on
David Earl Gibbs who is scheduled to be executed after 6 p.m., Wednesday, August 23.
David Earl Gibbs was convicted and sentenced to death for the July 1985 murder of
29 year-old Marietta Bryant. Gibbs raped and murdered Bryant and her roommate,
Carol Ackland. Gibbs worked and lived at the Conroe, Texas apartment complex where
Bryant and Ackland lived. Both women were outpatients of the Texas Department of Mental
Health and Mental Retardation (MHMR).
The MHMR caseworker assigned to Bryant and Ackland alerted police after he had been
informed that neither of the women had shown up at work for several days. When police, the
caseworker and family members of Bryant arrived at the women's apartment, they found
Bryant and Ackland dead inside. Their bodies were in an advanced stage of decomposition.
Both women's throats were cut. Forensic evidence connected Gibbs to the murders and he
was arrested soon thereafter.
- Gibbs was arrested after police searched his apartment and found a pack of cigarettes
that were the same brand as the cigarette butt found at the murder scene.
- Police went to the residence of Wanda McNeil, a friend of Gibbs. There they found a
radio that belonged to Bryant.
- Gibbs gave a written statement to police admitting to the rape and murder of
Marietta Bryant and her roommate Carol Ackland.
- Gibbs' fingerprints were found on the inside of the front entrance of the door to Bryant
and Ackland's apartment. His fingerprints were also found on a band-aid box taken
from the crime scene.
- Police found a pair of boots in Gibbs' apartment with human blood on them.
- Police interviewed a friend of Gibbs who had been with him the night of the murders.
- Gibbs' friend told police that Gibbs was wearing boots that night and that Gibbs left
the bar around midnight. The friend told police that when Gibbs returned, he was wearing
different clothes and shoes.
- June 19, 1991- Texas Court of Criminal Appeals affirmed Gibbs' conviction
and death sentence.
- Feb. 12, 1992 - Supreme Court denied his petition for writ of certiorari.
- Mar. 16, 1992 - Trial court set an execution date of April 20, 1992.
- April 16, 1992 - Gibbs filed his first application for state writ of habeas corpus.
On the same day, the trial court modified Gibbs' execution date to June 2, 1992.
- May 27, 1992 - Trial court stayed Gibbs' execution pending its resolution of his
state habeas application.
- Aug. 1, 1994 - Trial court recommends that relief be denied.
- Oct. 12, 1994 - Court of Criminal Appeals denied relief by written order.
- Jan. 17, 1995 - Trial court set Gibbs' execution date for July 18, 1995.
- July 5, 1995 - Gibbs files his second state habeas application.
- July 14, 1995 - Trial court recommends that relief be denied.
- July 15, 1995 - Court of Criminal Appeals denied relief and denied stay of execution.
- July 17, 1995 - Gibbs filed a federal petition for writ of habeas corpus and requested
a stay of execution. The district court stayed Gibbs' execution on the same day.
- May 15, 1997 - District court entered final judgment denying habeas relief.
- July 29, 1997 - District court denied permission to appeal.
- Sept. 8, 1998 - Fifth Circuit Court of Appeals denied permission to appeal.
- Jan. 25, 1999 - Gibbs filed a petition for writ of certiorari in the Supreme
Court which was denied on April 26, 1999. Gibbs then filed his third state habeas application.
- April 5, 1999 - Court of Criminal Appeals found that the application was properly
filed and remanded to the trial court. The trial court held an evidentiary hearing and
recommended on Feb. 8, 2000 that relief be denied.
- April 5, 2000 - Court of Appeals denied Gibbs' subsequent habeas application as an
abuse of the writ.
- July 5, 2000 - Gibbs filed a petition for writ of certiorari in the Supreme
Court. Gibbs also sought permission to file a second federal habeas writ from the Fifth
Circuit on June 28, 2000. Both cases are currently pending.
Gibbs was previously convicted of theft of a motor vehicle, auto theft, robbery and burglary.
He was jailed in Michigan for the theft of a motor vehicle charge and was jailed in Texas for
the robbery conviction. In 1990, while in jail for Ms. Bryant's rape and murder, Gibbs was
also convicted of voluntary manslaughter for killing another death row inmate. Gibbs
received a 20 year sentence for that homicide.
08/30/00 Jeffery Caldwell (Dallas County)
09/13/00 Miguel A. Richardson (Bexar County)
10/04/00 Stacey Lamont Lawton (Smith County)
11/01/00 Jeffrey Dillingham (Tarrant County)
11/08/00 Gary Wayne Etheridge (Brazoria County)
11/09/00 Miguel Angel Flores (Hutchinson County)
11/15/00 Tony Chambers (Smith County)
12/05/00 Gary Dean Miller (Jones County)
If this execution is carried out it will be the 230th execution since executions resumed
in Texas in December 1982 and the 66th since General Cornyn took office.
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Contact Mark Heckmann, Heather Browne, or Tom Kelley at (512) 463-2050
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