Murder of James Byrd Jr.

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James Byrd Jr.
JamesByrdJr..jpg
Born(1949-05-02)May 2, 1949
DiedJune 7, 1998(1998-06-07) (aged 49)
Cause of deathMurder

James Byrd Jr. (May 2, 1949 – June 7, 1998) was an African American who was murdered by three white supremacists in Jasper, Texas, on June 7, 1998. Shawn Berry, Lawrence Brewer, and John King dragged Byrd for three miles behind a pickup truck along an asphalt road. Byrd, who remained conscious throughout most of his ordeal, was killed about halfway through the dragging when his body hit the edge of a culvert, severing his right arm and head. The murderers drove on for another ​1 12 miles (2.4 km) before dumping his torso in front of a black cemetery in Jasper.[1][2] Byrd's lynching-by-dragging gave impetus to passage of a Texas hate-crimes law. It later led to the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, commonly known as the Matthew Shepard Act, which became federal law in 2009.[3]

Brewer was executed by lethal injection for his involvement in this crime by the state of Texas on September 21, 2011.[4] King was executed by lethal injection at the state penitentiary in Huntsville, Texas, on April 24, 2019.[5][6][7][8] Berry was sentenced to life imprisonment and will be eligible for parole in 2038.[9]

Victim[edit]

James Byrd Jr. was born on May 2, 1949, in Jasper County, Texas, one of nine children, to Stella Mae (1925 – October 6, 2010) and James Byrd Sr. (born 1924).[10]

Ross Byrd, the only son of James Byrd Jr., has been involved with "Murder Victims' Families for Reconciliation",[11] an organization that opposes capital punishment. He has campaigned to spare the lives of those who murdered his father and appears briefly in the documentary Deadline.[12][13]

Murder[edit]

On June 7, 1998, Byrd, age 49, accepted a ride from Shawn Berry (age 23), Lawrence Brewer (age 31), and John King (age 23). Berry, who was driving, was acquainted with Byrd from around town. Instead of taking Byrd home, the three men took Byrd to a remote county road out of town, beat him severely, spray-painted his face, urinated and defecated on him,[citation needed] and chained him by his ankles to their pickup truck before dragging him for about 3 miles (4.8 km). Brewer later claimed that Byrd's throat had been slashed by Berry before he was dragged. However, forensic evidence suggests that Byrd had been attempting to keep his head up while being dragged, and an autopsy suggested that Byrd was alive during much of the dragging. Byrd died about halfway along the route of his dragging, when his right arm and head were severed as his body hit a culvert.[2] While almost all of Byrd's ribs were fractured, his brain and skull were found intact, further suggesting that he maintained consciousness while he was being dragged.[14]

Berry, Brewer, and King dumped the mutilated remains of Byrd's body in front of an African-American church on Huff Creek Road, then drove off to a barbecue.[15] A motorist found Byrd's decapitated remains the following morning.[16] Along the area where Byrd was dragged, police found a wrench with "Berry" written on it. They also found a lighter that was inscribed with "Possum", which was King's prison nickname.[15] The police found 81 places that were littered with Byrd's remains.[15] Since Brewer and King were well-known white supremacists, it was determined by state law enforcement officials that the murder was a hate crime.[17] They called upon the Federal Bureau of Investigation less than 24 hours after the discovery of Byrd's remains.[citation needed] The special agent in charge of the FBI's Houston office said that they were assisting because of the case's "extreme circumstances".[18]

King had several racist tattoos: a black man hanging from a tree, Nazi symbols, the words "Aryan Pride", and the patch for a gang of white supremacist inmates known as the Confederate Knights of America.[19] In a jailhouse letter to Brewer that was intercepted by jail officials, King expressed pride in the crime and said that he realized while committing the murder that he might have to die. "Regardless of the outcome of this, we have made history. Death before dishonor. Sieg Heil!" King wrote.[2] An officer investigating the case also testified that witnesses said that King had referenced The Turner Diaries after beating Byrd.[20]

Berry, Brewer, and King were tried and convicted for Byrd's murder. Brewer and King received the death penalty, while Berry was sentenced to life in prison. Brewer was executed by lethal injection on September 21, 2011, and King on April 24, 2019.[4][5][6][21]

Perpetrators[edit]

Shawn Berry[edit]

Shawn Berry
Born
Shawn Allen Berry

(1975-02-12) February 12, 1975 (age 44)
Texas, U.S.
Criminal statusIncarcerated at Ramsey Unit earliest possible release date June, 2038
Criminal chargeCapital murder
PenaltyLife imprisonment

Shawn Allen Berry (born February 12, 1975) claimed that Brewer and King were entirely responsible for the crime. Brewer, however, testified that Berry had cut Byrd's throat before he was tied to the truck. The jury decided that little evidence supported this claim.[22] As a result, Berry was spared the death penalty and was sentenced to life in prison. As of 2008, Berry was living in protective custody at the Texas Department of Criminal Justice's Ramsey Unit,[6] and will be first eligible for parole when he is 63 years old in June 2038.[23] He spends 23 hours per day in an 8-by-6-foot (2.4 by 1.8 m) cell, with 1 hour for exercise. Berry married Christie Marcontell by proxy.[24] Marcontell was Berry's girlfriend at the time of the murder. They have one child together.

Lawrence Brewer[edit]

Lawrence Brewer
Born
Lawrence Russell Brewer

(1967-03-13)March 13, 1967
DiedSeptember 21, 2011(2011-09-21) (aged 44)
Cause of deathExecution by lethal injection
Criminal statusExecuted
Criminal chargeCapital murder
PenaltyDeath (September 1999)

Lawrence Russell Brewer (March 13, 1967 – September 21, 2011) was a white supremacist, who prior to Byrd's murder, had served a prison sentence for drug possession and burglary. He was paroled in 1991. After violating his parole conditions in 1994, Brewer was returned to prison. According to his court testimony, he joined a white supremacist prison gang with King in order to safeguard himself from other inmates.[25] Brewer and King became friends in the Beto Unit prison.[6] A psychiatrist testified that Brewer did not appear repentant for his crimes. Brewer was ultimately convicted and sentenced to death.[26] Brewer, TDCJ#999327,[27] was on death row at the Polunsky Unit,[6] but he was executed in the Huntsville Unit on September 21, 2011.[28] The day before his execution, Brewer expressed no remorse for his crime, as he told KHOU 11 News in Houston: "As far as any regrets, no, I have no regrets. No, I'd do it all over again, to tell you the truth."[29]

Before his execution, Brewer ordered a last meal that included two chicken-fried steaks smothered in gravy with sliced onions; a triple-patty bacon cheeseburger; a cheese omelet with ground beef, tomatoes, onions, bell peppers and jalapeños; a bowl of fried okra with ketchup; one pound of barbecued meat with half a loaf of white bread; three fully loaded fajitas; a meat-lover's pizza; one pint of Blue Bell vanilla ice cream; a slab of peanut-butter fudge with crushed peanuts; and three root beers. When the meal was presented, he told officials that he was not hungry and as a result he did not eat any of it. The meal was discarded, prompting State Senator John Whitmire to ask Texas prison officials to end the 87-year-old tradition of giving last meals to condemned inmates. The prison agency's executive director responded by stating that the practice had been terminated effective immediately.[30]

John King[edit]

John King
Born
John William King

(1974-11-03)November 3, 1974
DiedApril 24, 2019(2019-04-24) (aged 44)
Cause of deathExecution by lethal injection
Other namesBill King
Criminal statusExecuted
Criminal chargeCapital murder
PenaltyDeath (February 1999)

John William "Bill"[31] King (November 3, 1974 – April 24, 2019) was Berry's longtime friend.[17] He was accused of beating Byrd with a bat and then dragging him behind a pickup truck until he died. King, who prior to the murder had recently been released from a Texas prison, said that he had been repeatedly gang raped in prison by black inmates.[32] He was found guilty and sentenced to death for his role in Byrd's kidnapping and murder, and was on death row at the Polunsky Unit.[6]

On December 21, 2018, King's execution by lethal injection was scheduled for April 24, 2019.[7] On April 22, 2019, his appeals to both the Texas Court of Criminal Appeals and the Texas Board of Pardons and Paroles were denied.[33][34] He was executed at the Huntsville Unit on April 24, 2019.[35][36]

The condemned perpetrators were held at the Allan B. Polunsky Unit.
Huntsville Unit, where Brewer and King were executed

Reactions to the murder[edit]

Numerous aspects of the Byrd murder echo lynching traditions. These include mutilation or decapitation and revelry, such as a barbecue or a picnic, either during or after a lynching. Byrd's murder was strongly condemned by Jesse Jackson and the Martin Luther King Center as an act of vicious racism[37] and it also focused national attention on the prevalence of white supremacist prison gangs.

The victim's family created the James Byrd Foundation for Racial Healing after his death. Basketball star Dennis Rodman paid their funeral expenses and gave Byrd's family $25,000. Fight promoter Don King gave Byrd's children $100,000 to be put towards their educational expenses.[38]

In 2003, a movie about the crime, titled Jasper, Texas, was produced and aired on Showtime. The same year, a documentary titled Two Towns of Jasper, made by filmmakers Marco Williams and Whitney Dow, premiered on PBS's P.O.V. series.[39]

While employed as a radio DJ at station WARW in Washington, DC, Doug Tracht (also known as "The Greaseman") made a derogatory comment referring to James Byrd after playing Lauryn Hill's song "Doo Wop (That Thing)".[40] The February 1999 incident proved catastrophic to Tracht's radio career, igniting protests from black and white listeners alike. He was quickly fired from WARW and lost his position as a volunteer deputy sheriff in Falls Church, Virginia.

In May 2004, two white teens, Joshua Lee Talley and John Matthew Fowler, were arrested and charged with criminal mischief for desecrating James Byrd Jr.'s grave with racial slurs and profanities.[41]

Impact on US politics[edit]

Some advocacy groups, such as the NAACP National Voter Fund, made an issue of this case during George W. Bush's presidential campaign in 2000. They accused Bush of implicit racism, since as governor of Texas, he opposed hate-crime legislation. Also, citing a prior commitment, Bush could not appear at Byrd's funeral. Because two of the three murderers were sentenced to death and the third murderer was sentenced to life in prison (all three of them were charged with and convicted of capital murder, the highest felony level in Texas), Governor Bush maintained, "we don't need tougher laws". The 77th Texas Legislature passed the James Byrd Jr. Hate Crimes Act. With the signature of Governor Rick Perry, who inherited the balance of Bush's unexpired term, the act became Texas state law in 2001.[42] In 2009, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act expanded the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.[43]

Musical and poetry tributes[edit]

On the 2001 album Pieces of Me by singer/songwriter Lori McKenna, the song "Pink Sweater" is dedicated to Byrd[44] condemns his murderers and references their death-penalty convictions with the raucous refrain, "I'll be the one in the pink sweater, dancing around when you're gone." In 2010, Alabama musician Matthew Mayfield penned, recorded, and released a song in Byrd's honor. The tune, titled "Still Alive", is the fourth track on Mayfield's EP You're Not Home. "Still Alive" clearly related a stark bitterness towards racism and equated such hate crimes with genocide. "Tell Me Why", featuring Mary J. Blige, mentions Byrd on Will Smith's fourth album, Lost and Found.[45] Houston rapper E.S.G. mentions Byrd on the song "Realest Rhymin'" from his 1999 album Shinin' N' Grindin',[45] stating "... let the Klu Klux know that I'mma blast ya/heard how ya done James Byrd down up in Jasper." Byrd's son Ross recorded the rap album Undeniable Resurrection and dedicated it to his father.[46]

"The New Hell" by death metal band The Famine mentions Byrd on their album The Architects of Guilt (2011).[45] "Jasper", by Confrontation Camp, is the fifth track on the album Objects in the Mirror Are Closer Than They Appear (2000).[47] "Guitar Drag" by sound artist Christian Marclay is a video- and sound-installation about the murder of James Byrd (2000).[48] "I Heard 'Em Say" by Ryan Bingham is about Byrd's murder and the racially charged climate around Jasper following the crime (2012).[45] "The Southern Thing" on the Drive-By Truckers' album Southern Rock Opera mentions the incident, saying "Hate's the only thing that my truck would want to drag".[49]

The Houston rap group Geto Boys references the murder in the song "Eye 4 an Eye" on its 1998 album Da Good da Bad & da Ugly.[50]

Byrd's murder is the subject of Maryland poet laureate Lucille Clifton's piece "jasper texas 1998"[51] as well as Jeffrey Thomson's piece "Achilles in Jasper, Texas".[52]

References[edit]

  1. ^ "3 whites indicted in dragging death of black man in Texas". CNN. July 6, 1998. Retrieved July 24, 2010.
  2. ^ a b c "Closing arguments today in Texas dragging-death trial - February 22, 1999". CNN.com. Retrieved October 24, 2016.
  3. ^ "Obama signs hate-crimes law rooted in crimes of 1998". Content.usatoday.com. October 28, 2009. Retrieved October 24, 2016.
  4. ^ a b "White supremacist Lawrence Russell Brewer executed for dragging death". CBS News. September 22, 2011. Retrieved October 24, 2016.
  5. ^ a b "King John William". Texas Department of Criminal Justice. Archived from the original on June 11, 2011. Retrieved August 25, 2010.
  6. ^ a b c d e f Keys, Perryn. "Jasper: The Road Back: Did prison time turn man into one of Byrd's killers?[permanent dead link]" Beaumont Enterprise. June 9, 2008. Retrieved July 23, 2010.
  7. ^ a b Graves, Darrian (December 21, 2018). "Execution date set for John William King for the 1998 dragging death of James Byrd, Junior". KFDM. Retrieved December 21, 2018.
  8. ^ "Texas executes white supremacist who dragged black man to death". www.cbsnews.com. Retrieved April 25, 2019.
  9. ^ Teitz, Liz (June 2, 2018). "Byrd's family: Don't forget him". Beaumont Enterprise. Retrieved June 7, 2018.
  10. ^ "Archived copy". Archived from the original on February 11, 2011. Retrieved January 12, 2011.CS1 maint: Archived copy as title (link)
  11. ^ "Murder Victims Families of Reconciliation". Mvfr.org. Archived from the original on September 13, 2002. Retrieved October 24, 2016.
  12. ^ Jeralyn. "Families of Murder Victims Opposed to Capital Punishment". The Politics of Crime. TalkLeft.com. Retrieved August 27, 2011.
  13. ^ "Killing Time". CBS News. May 7, 2003. Retrieved October 24, 2016.
  14. ^ Robinson, Paul (2008). Criminal Law, Case Studies & Controversies. New York: Wolters Kluwer. p. 204.
  15. ^ a b c ""Justice in Jasper"". Archived from the original on December 27, 2005. Retrieved May 22, 2015., Texas Observer, September 17, 1999.
  16. ^ Duggan, Paul (February 16, 1999). "First Trial Opens in Dragging Death". The Washington Post. Retrieved May 12, 2018.
  17. ^ a b Boyd, Lorenzo M. "Murder of James Byrd, Jr.". Encyclopædia Britannica. Retrieved May 14, 2018.
  18. ^ Pressley, Sue Anne (June 10, 1998). "Black Man Dragged to Death". The Washington Post. Retrieved May 14, 2018. the bureau is assisting in the investigation because of 'the extreme circumstances' of the case
  19. ^ "Texas sheriff 'knew somebody was murdered because he was black'". CNN. February 16, 1999. Archived from the original on May 8, 2006. Retrieved May 22, 2006.
  20. ^ Time Waster. "The Texas Dragging Death". The Smoking Gun. Retrieved October 24, 2016.
  21. ^ Skelton, Eleanor (December 22, 2018). "Execution date set for Jasper man convicted in 1998 dragging death of James Byrd, Jr. this spring". KVUE. Retrieved December 30, 2018.
  22. ^ "Texas NAACP". Archived from the original on April 30, 2007. Retrieved June 19, 2007.
  23. ^ "Berry, Shawn Allen" (Archive). Texas Department of Criminal Justice. Retrieved December 28, 2015.
  24. ^ King, Joyce. Hate Crime: The Story of a Dragging in Jasper, Texas. Random House, Inc., 2002. 207. Google Books, Retrieved November 3, 2010. ISBN 0-375-42132-7, ISBN 978-0-375-42132-7.
  25. ^ "Archived copy". Archived from the original on October 12, 2008. Retrieved June 19, 2017.CS1 maint: Archived copy as title (link)
  26. ^ "Brewer, Lawrence Russell[permanent dead link]." Texas Department of Criminal Justice. Retrieved on January 5, 2010.
  27. ^ "Brewer, Lawrence Russell Archived June 11, 2011, at the Wayback Machine." Texas Department of Criminal Justice. Retrieved on August 25, 2010.
  28. ^ Heather Nolan and Jessica Lipscomb (September 22, 2011). "Lawrence Russell Brewer executed in 1998 dragging death". Beaumont Enterprise. Retrieved September 22, 2011.
  29. ^ Lee, Trymaine (September 21, 2011). "Troy Davis And Lawrence Brewer, A Tale Of Two Executions". Huffington Post.
  30. ^ MANNY FERNANDEZ (September 22, 2011). "Texas Death Row Kitchen Cooks Its Last 'Last Meal'". New York Times.
  31. ^ Batson, Monique; Whitney, rea (April 21, 2019). "Clues, but no firm answers in King's path to infamy". Beaumont Enterprise. Retrieved April 22, 2019.
  32. ^ "Prison Rape - It's No Joke". Archived from the original on March 15, 2007. Retrieved February 9, 2007.
  33. ^ McCullough, Josie (April 22, 2019). "John William King ... is set for execution Wednesday". Twitter. Retrieved April 23, 2019.
  34. ^ Batson, Monique (April 22, 2019). "Parole board: King should be executed as planned". Beaumont Enterprise. Retrieved April 22, 2019.
  35. ^ "Death Row Information". www.tdcj.texas.gov. Retrieved April 22, 2019.
  36. ^ Chamberlain, Samuel (April 24, 2019). "'Avowed racist' offers no last words before execution for dragging death of black man in Texas". Fox News. Retrieved April 25, 2019.
  37. ^ You Can Issue It, But Can You Take It When It Comes Back to You? by Maya Sanders, iUniverse, 2013, p.198
  38. ^ Robinson, Paul (2008). Criminal Law, Case Studies & Controversies. New York: Wolters Kluwer. p. 1176. ISBN 978-0735550759.
  39. ^ POV. "POV - Acclaimed Point-of-View Documentary Films". PBS. Retrieved October 24, 2016.
  40. ^ "The Reliable Source" Annie Groer, Ann Gerhart. The Washington Post. Washington, D.C.: March 18, 1999. pg. C.03
  41. ^ "State briefs: White teens charged in grave desecration - Houston Chronicle". Chron.com. May 12, 2004. Retrieved October 24, 2016.
  42. ^ "Texas governor signs into law hate-crimes bill". The Deseret News. Associated Press. May 11, 2001. p. A2.
  43. ^ "Breaking News | Latest News | Current News". FoxNews.com. Archived from the original on October 30, 2009. Retrieved October 24, 2016.
  44. ^ Davies, Mike. "Lori McKenna - Pieces of Me (Acoustic Roots)". NetRhythms. Retrieved May 14, 2018. Pink Sweater, a song dedicated to James Byrd
  45. ^ a b c d Rouner, Jef (June 7, 2013). "A James Byrd Jr. Memorial Playlist". Houston Press. Retrieved June 5, 2018.
  46. ^ Sachdev, Gian (February 19, 2003). "Byrd on a Wire". Philadelphia Weekly. Retrieved June 5, 2018.
  47. ^ Objects in the Mirror Are Closer Than They Appear at AllMusic. Retrieved June 5, 2018.
  48. ^ Rees, Christina (June 30, 2015). "Notes on Christian Marclay's "Guitar Drag"". Glasstire. Retrieved June 5, 2018.
  49. ^ Harrison, Vernon Ray. 'Mean and Strong Like Liquor' and 'Some Real Fine People': Enactments of the Progressive Southern White <Man> in the Drive By Truckers' Albums 'Southern Rock Opera' and 'Dirty South' (PDF) (Master's). University of Alabama. Retrieved June 5, 2018.
  50. ^ "Geto Boys Target Broader Fanbase With New LP". MTV News. Retrieved February 2, 2018.
  51. ^ "jasper texas 1998". www.poetryfoundation.org. Retrieved January 30, 2019.
  52. ^ "Achilles in Jasper, Texas | Poetry Database | Split This Rock". www.splitthisrock.org. Retrieved February 21, 2018.

Further reading[edit]

External links[edit]