Facts of the Crime:
On the afternoon of July 31, 1984, the petitioner and his cousin, Don King, were driving around Cherokee Lake together when they met the victim, Diana K. Smith. The three left and drove to Don King’s trailer, the petitioner riding with the victim in her car. The petitioner subsequently obtained some LSD. He and the victim both took some of the LSD. King had also taken one or more Quaalude tablets and had been drinking beer all day. The victim had been drinking wine and continued to do so after arriving at Don King’s trailer. The proof established that the petitioner engaged in sex with the victim and that they went driving around in her car.
At some point she asked him, “Why did you all rape me?” King subsequently made her get into the trunk of her car and drove to the house where his friend, co-defendant Randall Joe Sexton lived. Here, King spoke with Sexton and obtained Sexton’s rifle. He returned to the victim’s car and drove off. Sexton accompanied King in his own car. Eventually, King drove to a wooded area near a creek where he made the victim get out of the trunk of her car and lie facedown on the ground. He then shot her in the back of her head at least once, killing her. King and Sexton returned the next day to dispose of the body, wrapping it in a tent, weighting it down with cinder blocks and then throwing it into a quarry lake. The body was discovered several days later. Following their arrests, both Sexton and King made statements to the police after waiving their rights. Both men were tried together.
King was sentenced to death on February 6, 1985.
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