Elroy Chester
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Elroy Chester (June 14, 1969 – June 12, 2013) was an American
serial killer A serial killer (also called a serial murderer) is a person who murders three or more people,An offender can be anyone: * * * * * (This source only requires two people) with the killings taking place over a significant period of time in separat ...
, rapist, and burglar who committed five murders in Port Arthur,
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
between 1997 and 1998. During the six-month span of the killings, Chester was also responsible for a string of home invasions and sexual assaults in the same area. Chester was convicted and sentenced to death for one of the murders, and was executed in 2013. The execution was controversial as Chester's family and his defense argued that Chester was severely
intellectually disabled Intellectual disability (ID), also known as general learning disability (in the United Kingdom), and formerly mental retardation (in the United States), Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010).Archive is a generalized neurodevelopmental ...
, and should have been ineligible for the death penalty after '' Atkins v. Virginia''.


Early life

Chester was born in
Port Arthur, Texas Port Arthur is a city in the state of Texas, United States of America, located east of metro Houston. Part of the Beaumont–Port Arthur metropolitan area, the city lies primarily in Jefferson County, with a small extension in Orange County. ...
, and attended Abraham Lincoln High School. He was enrolled in
special education Special education (also known as special-needs education, aided education, alternative provision, exceptional student education, special ed., SDC, and SPED) is the practice of educating students in a way that accommodates their individual di ...
classes until age 16, never progressing past a third-grade level of education. On four out of five
IQ tests An intelligence quotient (IQ) is a total score derived from a set of standardized tests or subtests designed to assess human intelligence. Originally, IQ was a score obtained by dividing a person's mental age score, obtained by administering ...
, including one he took at age seven, Chester scored 70 or lower, the lowest of which was 57 on a Vineland Adaptive Behavior Survey, taken in October 1987, when he was 18 years old. As an adult, he worked on-and-off as a general laborer and was briefly employed as a service worker at a
Luby's Luby’s Restaurant Corporation is a chain of cafeteria-style restaurants in Texas. In the past, Luby's Inc. also owned the Fuddruckers, Koo Koo Roo, and Cheeseburger in Paradise (restaurant), Cheeseburger in Paradise restaurant chains. As of Apr ...
cafeteria.


Prior criminal record

On February 20, 1987, Chester robbed a home and was arrested five days later. On April 8, after his trial was set for August that same year, Chester paid bail, during which time he graduated high school. On May 9, Chester again burglarized a residence, leading to another arrest on May 17 and being held in Jefferson County jail without bail. On August 3, he was sentenced to 10 years
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...
and was imprisoned in a
Texas Department of Corrections The Texas Department of Criminal Justice (TDCJ) is a department of the government of the U.S. state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails ...
facility for six months as shock probation. Following his release on March 29, 1988, Chester committed another two burglaries on May 11 and May 25, for which he was sentenced to 13 years imprisonment on December 19. Chester was released on parole on February 13, 1990, and detained by police just over a month later on March 16 for theft, possession of a criminal instrument, and evading arrest. He was released after three days due to a lack of evidence. On April 1, Chester was arrested for burglary and two counts of
aggravated assault In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result ...
, which never went to trial after the district attorney dismissed the case. In 1991, Chester was arrested twice, once in August for unlawfully carrying a weapon and again in October for marijuana possession; however, he was released the day of his arrest each time, for time served and on bond respectively. In September 1992, he was arrested for burglary and aggravated sexual assault. He was released on October 21 on bond, then rearrested on December 1 on a parole warrant. He served four years in prison and was released on March 21, 1997, with mandatory supervision.


Crimes

Five months after his parole release, between August 1997 and February 1998, Chester perpetrated at least 25 burglaries, five sexual assaults, and ten shootings in Port Arthur, Texas. Chester confessed to the killing of five people and four non-fatal shootings during this timeframe. In every case but one, the victims died in their homes during the night. During most home invasions, Chester disabled the telephone landlines, unscrewed outdoor security lights, and wore either a hockey mask or home-made balaclava to conceal his identity. On August 3, 1997, Chester burglarized the house of Kenneth Risinger, stealing a .380
semi-automatic pistol A semi-automatic pistol (also called a self-loading pistol, autopistol, or autoloading pistol) is a repeating firearm, repeating handgun that automatically ejects and loads cartridge (firearms), cartridges in its chamber (firearms), chamber afte ...
, which he would later use in the murders. On August 9, Chester broke into another home, where he forced a ten-year-old girl into a closet, tied her up and sodomized her. Chester later claimed that he was unaware of the victim's age and that he would have "gotten her momma" instead had he known. Chester unsuccessfully tried to rob Candice Tucker on August 14, then robbed Dolly DeLeon the following day. On August 16, Chester knocked on the bedroom window of 16-year-old Oscar Morales and demanded money at gunpoint. When Morales attempted to run away, Chester shot him in the leg and fled. Chester attempted the same at the house of Matthew Horvatich, whom he shot in the shoulder when he walked towards the window. Both Morales and Horvatich survived. On September 20, Chester murdered 78-year-old John Henry Sepeda during a night-time burglary. Sepeda was sleeping next to his wife and grandson when he awoke due to Chester's presence. Chester killed Sepeda by shooting him once in the chest. In November of the same year, five gang members were arrested as suspects in the crime. Two were released while three remained jailed until two weeks after Chester was indicted for the Sepeda murder. Between October 25 and November 8, Chester committed three more burglaries. On November 15, Chester fatally shot 87-year-old Etta Mae Stallings and stole a .22 caliber gun belonging to Stallings' husband from their house. The same evening, Chester used the gun to fire several shots through the open bedroom window of a nearby house, injuring Peggy Johnson and Debra Ferguson as they slept, also fatally striking a pet dog. On November 20, Chester attacked 40-year-old Cheryl DeLeon outside her front door as she arrived home from work. Chester knew DeLeon, as they were formerly co-workers at Luby's, and had been stalking the victim for an indeterminate amount of time with intentions of robbing her. DeLeon was pistol-whipped and killed after being shot in the throat. On December 7, Chester ambushed Lorenzo Coronado outside his house, shot him in the head, and took his wallet before leaving. Coronado survived the shooting. On December 21, the body of 35-year-old Albert Bolden Jr. was found in his home. He had been dead for several days and his cause of death was a gunshot wound to the head. Bolden was Chester's common-law brother-in-law and, according to Chester, an occasional accomplice in his burglaries. Chester confessed that he had killed Bolden out of
vengeance Vengeance may refer to: *Vengeance (concept) or revenge, a harmful action against a person or group in response to a grievance Film * ''Vengeance'' (1930 film), action adventure film directed by Archie Mayo * ''Vengeance'' (1937 film) or ''W ...
, stating that Bolden had beat Chester's sister during their marriage and that Bolden humiliated him by arranging a sexual encounter between Chester and a
transvestite Cross-dressing is the act of wearing clothes traditionally or stereotypically associated with a different gender. From as early as pre-modern history, cross-dressing has been practiced in order to disguise, comfort, entertain, and express onesel ...
, which Chester was unaware of. On February 6, 1998, Chester broke into the residence of the Ryman DeLeon family (no relation to Cheryl DeLeon), which he had previously burglarized and stolen items from without incident. This time, he had seen 17-year-old Erin and her one-year-old son while casing the building and decided to attack Erin at gunpoint. During the burglary, Erin's 14-year-old sister Claire and her boyfriend arrived at the house and also were taken hostage. After Chester forced all three teenage victims to undress, he blindfolded and tied them up with duct tape. Chester then raped Erin and forced both girls to perform oral sex on him at gunpoint. During the rape, 38-year-old Willie "Billy" Ryman III, the maternal uncle of the DeLeon sisters, arrived outside the home by car, accompanied by his fiancée Marcia Sharp. Ryman, a city
firefighter A firefighter (or fire fighter or fireman) is a first responder trained in specific emergency response such as firefighting, primarily to control and extinguish fires and respond to emergencies such as hazardous material incidents, medical in ...
who worked alongside his sister, was worried about his nieces due to the recent burglaries in the city. As Ryman walked through the back door, Chester fatally shot him in the chest. At the request of Claire, Chester ran outside to check if there were more people besides Ryman, at which point the sisters locked the door, then went to retrieve a handgun kept for self-protection from upstairs. Outside, realizing he was locked out, Chester attempted to steal Ryman's pickup truck. He unsuccessfully attempted to shoot open the lock and upon spotting Sharp inside, Chester fired two gunshots at her, but missed. Chester tried to find another way back inside the house, but was scared off by a stray shot fired by his former hostages and fled down the street.


Arrest

On February 8, thirty hours after the rape of the DeLeon sisters and the murder of Willie Ryman, Chester was arrested for an unrelated violation of
city ordinance A local ordinance is a law issued by a local government such as a municipality, county, parish, prefecture, or the like. Hong Kong In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as ''Ordinances'' () ...
. While in custody, police charged him with the non-fatal burglaries. The next day, a search warrant was obtained for Chester's residence, as well as an order for hair and blood samples. Before the samples were taken at the district attorney's office, Chester admitted without prompting that he had "killed the fireman", but did not elaborate further. The search of Chester's house found stolen jewelry and various masks that were connected to the break-ins and sexual assaults, after which Chester volunteered to accompany officers to the place where he had hidden the gun used in the majority of the burglaries. He directed police to the home of his father, and offered to grab the gun in place of the officers, claiming it was in a "hard to reach place" within a hollow ceiling space. Chester was kept in handcuffs and held under close watch before being restrained when he appeared to reach towards something. Officers recovered the weapon which, contrary to Chester's assurances, was fully loaded. The DNA samples matched with those found at the DeLeon crime scene further connected Chester to three additional rapes. Chester provided five sworn statements to the authorities and said he had committed these offenses because he was out of his mind "with hate for white people" due to lingering resentment over an altercation that he had once gotten into with a white employee of the
Texas Department of Criminal Justice The Texas Department of Criminal Justice (TDCJ) is a department of the government of the U.S. state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails ...
. The victims of the murders, rapes, and burglaries were mostly white, albeit some were
black Black is a color that results from the absence or complete absorption of visible light. It is an achromatic color, without chroma, like white and grey. It is often used symbolically or figuratively to represent darkness.Eva Heller, ''P ...
and latino. The racial demographics of Port Arthur was majority black (38%), followed by latino (31%) and then white (22%) as the third largest group.


Trial

Chester's trial begain in August 1998. Chester entered a guilty plea and during the trial, he made multiple outbursts, threatened the lives of police officers, prison guards, court officials, and the families of jurors, and at one point declared, "If I hadn't shot my brother-in-law, I'd still be out there shooting white folks." He voiced no regret for the murders, describing the crimes as "a whole lot of fun". He was convicted of the murder of Willie Ryman III and the assault of the two nieces. It took the jury only minutes to agree on a death sentence for Chester after he went on a tirade during which he threatened to kill employees of the district attorney's office if he ever got released and have "his homies" kill a police officer who had arrested him on burglary charges in 1988, as well as two detectives involved in the investigation of his murders should he receive capital punishment. The Texas court system ruled that Chester was
legally competent In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Comp ...
to be executed, despite scoring 69 points on a court-ordered IQ test and being placed in the Texas Department of Criminal Justice's Mentally Retarded Offenders Program during previous prison stints. In the prosecution's
closing argument A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evi ...
s, it was argued that his disability was not a sufficient reason to stay his execution. Since Chester was capable of hiding facts and lying to protect his own interests, using masks and gloves, removing the
serial numbers A serial number (SN) is a unique identifier used to ''uniquely'' identify an item, and is usually assigned incrementally or sequentially. Despite being called serial "numbers", they do not need to be strictly numerical and may contain letter ...
from the stolen firearms, and cutting exterior telephone lines before entering homes to burglarize, he showed persuasively that he was capable of forethought,
planning Planning is the process of thinking regarding the activities required to achieve a desired goal. Planning is based on foresight, the fundamental capacity for mental time travel. Some researchers regard the evolution of forethought - the cap ...
, and complex execution of purpose. Therefore, the court found the evidence insufficient to support the claim that Chester was mentally incompetent. Jefferson County assistant district attorney Wayln Thompson described Chester as "only
learning disabled Learning disability, learning disorder, or learning difficulty (British English) is a condition in the brain that causes difficulties comprehending or processing information and can be caused by several different factors. Given the "difficulty ...
" and "one of the most dangerous individuals we have ever prosecuted". In 2007 and 2008, Chester filed a ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' writ, alleging that his death sentence was against the Eighth Amendment and constituted
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
. Out of thirteen federal and state judges, eleven rejected his appeals in their entirety, while the remaining two found only "some merits" in the argumentation. In October 2012, the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
refused to hear an appeal from Chester.


Execution

Chester was originally scheduled for execution on April 24, 2013, but, due to an error in the
execution warrant An execution warrant (also called a death warrant or a black warrant) is a writ that authorizes the Capital punishment, execution of a capital punishment, condemned person. United States In the United States, either a judicial or executi ...
, the date was pushed back. He was executed on June 12, 2013, at the
Huntsville Unit Texas State Penitentiary at Huntsville or Huntsville Unit (HV), nicknamed "Walls Unit", is a Texas state prison located in Huntsville, Texas, United States. The approximately facility, near downtown Huntsville, is operated by the Correctional Ins ...
,
Huntsville, Texas Huntsville is a city in and the county seat of Walker County, Texas, United States. Its population was 45,941 as of the 2020 United States census, 2020 census. It is the center of the Huntsville United States micropolitan area, micropolitan area ...
, two days before his 44th birthday. Chester's final statement was spoken on the gurney: He was pronounced dead at 7:04 p.m. He is buried at
Captain Joe Byrd Cemetery The Captain Joe Byrd Cemetery is the main prison cemetery in Texas, located in Huntsville and operated by the Texas Department of Criminal Justice (TDCJ). The cemetery is colloquially known as Peckerwood Hill. The name originates from "Peckerwoo ...
.


In media

In 2013 a full-length documentary titled ''Killing Time'' was made about him and his execution. In 2018 the case was covered by
Investigation Discovery Investigation Discovery (stylized and branded on-air as ID since 2008) is an American multinational pay television network dedicated to true crime documentaries, similar to corporate sibling HLN. It is owned by Warner Bros. Discovery's netw ...
show ''Murder by Numbers'', episode named ''Clown Mask Murders''.


See also

* List of people executed in Texas, 2010–2019 *
List of people executed in the United States in 2013 Thirty-nine people, thirty-eight male and one female, were executed in the United States in 2013, thirty-eight by lethal injection and one by electricution. Sixteen of them were in the state of Texas. One ( Kimberly LaGayle McCarthy) was female. ...
*
List of serial killers in the United States A serial killer is typically a person who kills three or more people, with the murders taking place over more than a month and including a significant period of time between them. The Federal Bureau of Investigation (FBI) defines serial murder a ...


References


External links


Death Row Information: Elroy Chester
Texas Department of Criminal Justice {{DEFAULTSORT:Chester, Elroy 1969 births 2013 deaths 1998 murders in the United States 20th-century American criminals 21st-century executions by Texas 21st-century executions of American people American rapists People from Port Arthur, Texas American burglars Executed African-American people Executed American serial killers People convicted of murder by Texas People executed by Texas by lethal injection Racially motivated violence in Texas Racially motivated violence against white Americans Serial killers from Texas