Cop Killer Still on Death Row 36 years later EOW 4-28-82

[puma guy]

It's been 36 years since the murder of my friend Houston Police Department Detective Wayne Shirley on this date. He was among several of my classmates who joined HPD. I will not dignify the slime ball who murdered him by listing his name in the same paragraph with my friend. He was sentenced to death a year later and remains on death row. Wayne's two sons both became law enforcement officers. One is a detective in the Pasadena Police Department and I had the honor of attending a session he taught in the current Citizens Police Academy I am attending. He also married a woman who was an operator on one of the units I managed at the refinery I worked at and I met him when she resigned due to pregnancy. I keep up with the legal proceedings for the slug that killed Wayne and he was appealing for re-sentencing in June of 2016. I joined the 100 Club in his honor and encourage joining that group.

https://www.odmp.org/officer/12188-dete ... -w-shirley

[Beiruty]

The one who shot 2 cops and one civilian in Dallas and was captured. Let us make a deal. Quick trail, 1-appeal. Execution at first anniversary of his murder.

[Grundy1133]

I think cop killers should be sentenced to death row automatically, and then executed via firing squad comprised of the officers family/friends/co-workers...

[Allons]

Instead of 20 to 30 years waiting on appeals for convicted cop killers, why don't those cases get priority in appeals court?. Every other case should be put aside so we could get dirt bags like this the justice they deserve. The whole appeals process should take less then six months. After last appeal; execution should take place within the hour. No prosecutor should ever make a life in prison deal with a cop killer.

[Liberty]

If we had a great record in Texas of not convicting innocent people, quick executions would be a good idea. I think anyone caught falsifiying or hiding evidence should be subject to the same punishment as the accused Murder is murder, whether it's done by a lying LEO, a prosecuting DA, or an illegal alien.

[Allons]

If we had a great record in Texas of not convicting innocent people, quick executions would be a good idea. I think anyone caught falsifiying or hiding evidence should be subject to the same punishment as the accused Murder is murder, whether it's done by a lying LEO, a prosecuting DA, or an illegal alien.

When a person is convicted in a officer's death, usually the evidence is overwhelming. I have never herd of an innocent person going to jail in a cop killing. I agree with the second half of your statement though.

[The Annoyed Man]

If we had a great record in Texas of not convicting innocent people, quick executions would be a good idea. I think anyone caught falsifiying or hiding evidence should be subject to the same punishment as the accused Murder is murder, whether it's done by a lying LEO, a prosecuting DA, or an illegal alien.

I absolutely agree that capital murder cases should be handled with a great deal of rectitude, because the consequences are irreversible. You can’t release an unfairly accused prisoner after you’ve put him to death. Still..... 36 years on death row in Texas is a very long time, and at first glance it does not seem to be with good reason. There doesn’t seem to be any question about who murdered Officer Wayne Shirley (opportunity), how he murdered him (means), and why he murdered him (motive). There’s at least one withness to parts of those facts - if not more than one. There’s no question that the accused attempted to hide Shirley’s body to evade his own discovery and arrest. The accused’s guilt was proven beyond dispute, and he received due process. So how is it that he’s still alive 36 years after he hilled his victim? The thought makes me angry too, so I did a little research to try and understand how this could happen.

Here’s how (I am not exonerating the accused here; just trying to explain what happened)......

In 2016, 34 years after the fact, a federal judge ruled that the accused’s fate be returned to the trial court for either a new penalty phase or retrial, based on two different SCOTUS decisions concerning the same murder trial in a different Texas murder case: Penry v Lynaugh (1989), and Penry v Johnson (2001). At issue was whether or not a jury must be allowed to hear mitigating evidence of an accused person’s mental retardation during the penalty phase of a trial, taking that condition into account in deciding the penalty. The Penry v Johnson wiki page says:

In 1989, the U.S. Supreme Court held in Penry v. Lynaugh that Johnny Paul Penry had been sentenced to death in violation of the Eighth Amendment after finding that Texas' special instruction questions did not permit the jury to consider mitigating evidence involving his mental retardation.[2] On retrial in 1990, Penry was again found guilty of murder.[2] The defense again put on evidence regarding Penry's mental impairments. Ultimately, a psychiatric evaluation, which stated that Penry would be dangerous to others if released, prepared at the request of Penry's former counsel, was cited.[3] Upon submission to the jury, the trial judge instructed the jury to determine Penry's sentence by answering the same special questions in the first trial. Additionally, the trial judge gave a supplemental instruction on mitigating evidence. The court sentenced Penry to death in connection with the jury's answers to the special issues. In affirming the verdict, the Texas Court of Criminal Appeals rejected Penry's claims that the admission of language from the psychiatric evaluation violated his Fifth Amendment privilege against self-incrimination, and that the jury instructions were constitutionally inadequate because they did not permit the jury to consider his specific mitigating evidence.[3] Penry's petitions for state and federal habeas corpus relief failed.[3]

Soon after this decision, in 2002, SCOTUS ruled in a separate third case - Atkins v Virginia - that executing people with intellectual disabilities was a violation of the 8th Amendment protection against cruel and unusual punishments, but also determined that states may determine who is intellectually disabled. Under Atkins, Penry’s death sentence was converted to life imprisonment.

In 2014, a fourth relevant SCOTUS case - Hall v Florida - ruled that:

....a bright-line IQ threshold requirement for determining whether someone has an intellectual disability (formerly mental retardation) is unconstitutional in deciding whether they are eligible for the death penalty.

The court narrowed the definition of intellectual disability by expanding the considerations used in the determination.

How all of this relates to the murder of Officer Wayne Shirley is this...... The accused has been granted a stay under the Penry rulings requiring him to be retried or receive a new penalty phase hearing in which the jury will have to be informed of his intellectual status before they can rule on his fate. But it is easy to predict that, once that happens, his attorneys will invoke Hall v Florida to slant that determination in the accused’s favor as much as possible, and then invoke Atkins v Virginia to argue that capital punishment would violate his 8th Amendment protection against cruel and unusual punishment.

The only way Officer Shirley’s killer is going to ride the needle is if his attorneys fail to demonstrate to the court that he is intellectually disabled enough to avoid the death penalty. Either way, his jury is going to be hearing that evidence as required by SCOTUS. I suspect that all along the way, his attorneys were successful in showing the concerned court that there were other related cases pending before SCOTUS that could very possibly have an effect on the outcome of this one, and that justice required a stay of execution until those cases had each been resolved. As we all know, it can take years for a single case to make it’s way to SCOTUS for disposition - if certiorari is granted. Then multiply that by four cases: Penry v Lynaugh, Penry v Johnson, Atkins v Virginia, and Hall v Florida......and that is how 36 years after Officer Shirley was murdered, in which none of the facts of the murder are in dispute, his killer is still alive.

I too am angered by this; but the flip side of this is the very fundamental question of whether or not we want the wheels of justice to turn too quickly.

I don’t have the answer to that. All I have is an explanation for why this murderer took so damned long to be punished.

(EDITED TO REMOVE A REDUNDANCY....)

[Abraham]

The only plus is he's at least in prison.

Not free, crap food, constant noise, constant of being shanked because he offended some other killer.

So while he should've ridden the needle long ago, maybe, just maybe the life he's led since he entered prison has been at least to a degree worse than being dead. Which he will be eventually even if not in the manner he deserves...

[srothstein]

When a person is convicted in a officer's death, usually the evidence is overwhelming. I have never herd of an innocent person going to jail in a cop killing. I agree with the second half of your statement though.

while I personally have no doubt as to his guilt, many people believe Mumia Abu-Jamal is not guilty of the murder of a Philadelphia police officer.

As much as I support the death penalty as a fair and just punishment for certain crimes (more than the court currently allows), I do not want to see any shortening of the appeals process at all. When we execute a person, there must be no doubt in anyone's mind that he is the guilty party AND that the prosecution (including the police) obeyed all of the rules and laws in the process of getting him convicted.

I say this not because I care about that person's rights, but because the best way to protect MY rights is to protect everyone's. It is almost pure self-interest at work, even though I never expect to be in that situation.

To protect society and our self-image, I also insist that the execution be as humane as possible. I like to think we are a civilized nation and do not want to cause pain if possible to avoid it. If the execution is as punishment, and not as retribution, it must be humane. Yes, I personally would like to see certain criminals executed by slow torture, but society should never stoop to that level if we want to remain civilized.

[puma guy]

This guy has used just about every appeal one could imagine along the way. He is not mentally deficient; you can visit his webpage and very plainly see that. His booking record lists 14 years education level. (yes he has his own webpage -see below*). First his lawyer assisted in an appeal for deficient representation by "falling on his sword" to admit he failed again and again in representing his client. An appeal that failed. The list of appeals goes on and on. He was an escapee from parole in Minnesota and knew he had a warrant. When he saw Wayne in the apartment courtyard he went and retrieved his .38 Spcl Derringer. Wayne saw him a short time later, approached and asked if he was going to give him any trouble. He pulled his gun and shot Wayne twice during the struggle to get the weapon from him. If you read this slug's description you know it's all lies. He says Wayne was pointing his pistol at him and cursing him and that he thought he was being robbed, yet was able to overcome him at times one handed, take his Derringer out of his back pocket and shoot Wayne. Per witnesses Wayne asked for help as the struggle ensued, so there's no doubt this slime ball killed him. He has simply been able to play the game for 36 years aided and abetted by bleeding heart lawyers. I know anyone in law enforcement that reads his account will know it's a total self-serving fabrication.

* Anyone interested in accessing this slime ball's website just send me a PM.

[Abraham]

Haven't you heard? We treat our prisoners in Texas 'humanely' rather than justly.

Of course, he has his own webpage, (I'll never visit it) he probably has a color tv and netflix too, instead breaking rocks with a sledgehammer or working on a chain gang.

[puma guy]

Haven't you heard? We treat our prisoners in Texas 'humanely' rather than justly.

Of course, he has his own webpage, (I'll never visit it) he probably has a color tv and netflix too, instead breaking rocks with a sledgehammer or working on a chain gang.

As far as I know he doesn't have access to the internet, so someone set it up for him and relays his thoughts and words. I do know that non-death row TDCJ inmates have no access to computers. That being said this guy is a cause celebre for many people. I have no idea why. He considers himself a victim and probably a political prisoner. It wasn't my intention to start deliberation on the death sentence. I just wanted my friend's death noted and remembered on this date. I also am not trying to dissuade any discourse on the subject of capital punishment.

[LDB415]

I remember that case. It's hard to believe it has been that long with no resolution.

With DNA capabilities like we now have there is zero reason to question guilt/innocence provided DNA results are identical from two independent labs. In those cases there should be a limit of 2 appeals at most. With matching DNA results there should also be no appeal or lessening of the death sentence. Appeals should be limited to 12 months, maximum. It's time to put consequences back into actions. The left has far too much influence on everything. Somehow that's got to stop.

[bblhd672]

It's been 36 years since the murder of my friend Houston Police Department Detective Wayne Shirley on this date.

I understand your pain and frustration. 33 years ago a dear family friend who was also my pastor was murdered. The killer was determined to be “too insane” to be executed. He still sits on death row at Angola prison in Louisiana. No doubts as to his guilt, and he understood enough that what he did was wrong to flee the state in the pastor’s car.

I will never understand the screwed up decisions by federal courts that crazed people who murder don’t deserve their just punishment.
Why would society want to keep someone in their midst who has proven that they have the capacity to murder without remorse innocent citizens they encounter?

I’d pull the switch on him in a heartbeat if given the opportunity, the electric chair preferably because lethal injection is too easy for him.