Texas Attorney General Media Advisory

AUSTIN - Texas Attorney General John Cornyn offers the following information on Stanley Allison Baker, Jr., who is scheduled to be executed after 6 p.m. on Thursday, May 30, 2002. On July 26, 1995, Stanley Allison Baker, Jr. was sentenced to death for the capital murder of Wayne Walters during a robbery, which occurred in Brazos County, Texas, on Sept. 28, 1994. A summary of the evidence presented at trial follows:

FACTS OF THE CRIME

On Sept. 28, 1994, Stanley Allison Baker, Jr., killed Wayne Walters during the course of a robbery in which he obtained $40 to $50 and Walters' car. Walters was the clerk in the adult video store that Baker robbed. Baker took Walters' car keys without resistance and then shot him three times with a shotgun; the third shot to the back of the head was fired as Walters lay face down on the floor.

During the robbery, Baker split his lip and broke a tooth when the shotgun recoiled and hit him in the face. He left blood, a tooth fragment, footprints and other physical evidence at the crime scene. Baker fled the scene in Walters' pickup truck, returned home and loaded the stolen vehicle with his belongings.

When police took Baker into custody, he was driving Walters' truck. Inside the truck police found the murder weapon, ammunition, a brass knuckled stiletto, a bulletproof vest, a garrote, and a variety of survival gear. Police also found a notebook in which Baker had penned his goals for the year. Baker's goals included "30+ victims dead. 30+ armed robberies. Steal a lot of cars." Following his arrest, Baker told DPS troopers that he went to the video store with intent to rob it and kill anyone inside.

PROCEDURAL HISTORY

Oct. 27, 1994 - Stanley Allison Baker, Jr., was indicted in the 85th Judicial District Court of Brazos County, Texas, for the capital offense of the intentional murder of Wayne Walters while in the course of committing and attempting to commit robbery.

July 21, 1995 - The case against Baker was heard by a jury, which found him guilty of capital murder.

July 26, 1995 - Following a separate punishment hearing, the jury answered special issue number one affirmatively and special issue number two negatively. In accordance with Texas law, the trial court sentenced Baker to death.

May 21, 1997 - Texas Court of Criminal Appeals affirms conviction and sentence on direct appeal.

Sept. 10, 1997 - The Court of Criminal Appeals denied the motion for rehearing.

April 1, 1998 - Baker filed an application for state writ of habeas corpus.

Aug. 14, 1998 - The trial court conducted a hearing on the application.

Sept. 29, 1998 - The trial court entered findings and conclusions recommending that relief be denied.

Jan. 27, 1999 - The Texas Court of Criminal Appeals denied state habeas relief.

March 17, 1999 - Baker filed an application for a federal writ of habeas corpus in the United States District Court for the Southern District of Texas, Houston Division.

Aug. 18, 1999 - Baker amended his federal writ application.

March 13, 2000 - The district court granted the Director's motion for summary judgment. April12, 2000 - Baker filed a request for a certificate of appealability and his notice of appeal.

April 27, 2000 - The district court denied Baker's request for COA.

June 18, 2001 - Baker filed a request for a certificate of appealability in the Fifth Circuit Court of Appeals.

Oct. 19, 2001 - The Fifth Circuit denied COA.

Jan. 22, 2002 - Baker filed a petition for writ of certiorari with the United States Supreme Court.

March 25, 2002 - The Court denied certiorari.

CRIMINAL HISTORY

At the time of the offense, Baker had no reported prior criminal arrests or convictions. However, the jury was reminded that amongst Baker's belongings police found numerous weapons and documentary evidence detailing his animosity toward gays, blacks, President Bill Clinton, etc., together with his plans to go on a murder spree akin to notorious serial killers Charles Whitman, Steve Judy, Richard Speck, Juan Gonzales, Wayne Nance, Michael Wayne Johnson, Teofilo Filo Medina, Patrick Sherrill, Jerry McFadden, etc. The jury was also provided with evidence that Baker had been observed on several prior occasions carrying knives and rope and that he had expressed his intent to use them on his enemies.

ProDeathPenalty.com

Texas Execution Information Center (Stanley Baker)

Stanley Allison Baker Jr., 35, was executed by lethal injection on 30 May in Huntsville, Texas for the robbery and murder of a store clerk.

In September 1994. Baker, then 27, entered an adult video store wearing green fatigues and carrying a 12-gauge shotgun. He ordered the clerk, Wayne John Walters, 44, to give him the keys to his pickup. After Walters did so without resistance, Baker shot him three times. The third shot to the back of the head was fired as Walters lay face down on the floor. Baker then cleared the cash register of about $40 in cash and fled the store in Walters' pickup truck. During the robbery, the shotgun recoiled, hitting Baker in the face. He left blood, a tooth fragment, footprints, and other physical evidence at the crime scene.

Baker drove home and loaded his belongings into the stolen truck, then drove out of town. A Department of Public Safety trooper spotted the truck, driven by Baker, about two hours after the shooting, 70 miles from the scene. When he was arrested, Baker had blood on his shirt and a cut lip. Police also found the murder weapon, other weapons, ammunition, and survival gear in the pickup. Furthermore, they found a notebook in which Baker had written his goals for the year, which included "30+ victims dead. 30+ armed robberies. Steal a lot of cars." He confessed to the murder and robbery.

Baker had recently quit work as a stock clerk at a Winn-Dixie supermarket. In a search of Baker's home, police found an obscenity-filled resignation letter. Prosecutors claimed that Baker had planned to kill the store manager and others at the Winn-Dixie after the video store robbery, but he changed his plans because of his chipped tooth and bloody shirt. Baker's other writings documented his hatred of blacks, gays, and President Clinton, and his plans to go on a killing spree similar to the one by Charles Whitman, who shot 16 people from the University of Texas clock tower in 1966.

A jury convicted Baker of capital murder in July 1995 and sentenced him to death. The Texas Court of Criminal Appeals upheld the conviction and sentence in May 1997. All of his subsequent appeals in state and federal court were denied.

I was really depressed all the time," Baker said in an interview on death row. "I just wanted it to end. It's weird the way it happened. It's like I went insane ... I'm just glad it's about over. I'm looking forward to the last meal, but not the part that comes after," he laughed.

Baker's last meal request was for two 16-ounce rib eye steaks, a pound of thinly sliced turkey breast, 12 strips of bacon, two large hamburgers with mayonnaise, onion and lettuce; two large baked potatoes, four slices of cheese or a half-pound of grated cheddar cheese, a chef salad with bleu cheese dressing, two ears of corn on the cob, one pint of mint chocolate chip ice cream, and four vanilla Cokes or Mr. Pibbs. Whether or not this request was granted in full was not made public.

"Well, I don't have anything to say, so let's go," Baker said at his execution. When warden Neill Hodges asked Baker if he was sure he had no last statement, he said, "I am just sorry about what I did to Mr. Peters," calling his victim by the wrong name. "That's all." As the drugs began taking effect, he said, "My arm feels cold ... got some pain in my left arm. I guess that's the poison." Next, he coughed, gasped, and slightly wheezed. He was pronounced dead at 6:19 p.m.

Houston Chronicle (Associated Press)

"Killer of Video Store Clerk Executed." (May 30, 2002)

HUNTSVILLE -- Convicted killer Stanley Baker was executed this evening for fatally shooting a video store clerk eight years ago in College Station. "I don't have anything to say," Baker said when the warden asked if he had a last statement. "I'm just sorry about what I did to Mr. Peters and that's all," he said, misidentifying his victim. Baker had no witnesses and no witnesses from the victim's family attended.

As the drugs began taking effect, he remarked, "My arm feels cold... got some pain in my left arm, I guess that's the poison." Baker coughed, gasped and slightly wheezed. He was pronounced dead at 6:19 p.m., nine minutes after the lethal does began.

Baker had the murder weapon, was driving the victim's truck and had about $50 taken from the store when he was arrested a couple of hours after shooting Wayne John Walters, 44. Police also had blood evidence and a piece of a tooth that tied Baker to the crime. "When I was firing the shotgun, I broke my tooth and I left some DNA evidence behind," he chuckled as he pointed to a chipped front tooth during a recent interview on death row.

Baker was the second condemned Texas prisoner put to death this week, the fifth this month and 15th this year.

He was arrested by a state trooper in Bastrop, about 70 miles west of College Station. When he surrendered, he had a cut lip from the recoil of the shotgun and a bloody shirt. "I really was depressed all the time," he said. "I just wanted it to end. It's weird the way it happened. It's like I went insane." Dressed in green fatigues, Baker walked into the adult video store Sept. 28, 1994, carrying a 12-gauge shotgun. Walters surrendered his keys without resistance but Baker opened fire. The third shot hit Walters in the back of the head as the clerk was laying on the floor.

Authorities believed Baker had bigger plans. His notebook found in the stolen truck listed his goals for the year as "30 victims dead, 30 armed robberies, and steal a lot of cars." Bill Turner, the Brazos County district attorney who prosecuted Baker, said he believed the cut lip and bloody shirt changed Baker's immediate plans to walk armed into a Winn-Dixie supermarket where Baker recently quit work as a stock clerk after a dispute. Documents found at Baker's home indicated he wanted to kill the store manager and others and leave no witnesses behind. "Though I've given four years to your store, I've long felt my efforts were unappreciated," Baker said in an obscenity-filled resignation letter.

When arrested, he had hundreds of rounds of ammunition, a brass-knuckled stiletto, a bulletproof vest, a garrote and survival gear. At his home, police found a map of New York City and a notation from Baker describing it as "the ultimate hunting ground," Turner said. "I really think we were lucky there was one person dead," the prosecutor said Wednesday. "I think if he hadn't chipped his tooth, he would have gone on about his way, gotten to Winn-Dixie and caused a lot of problems. "Some people kill out of meanness or they want your money. To me, this guy was more about killing people to prove he was a bad guy. He wanted the world, at that time, to know he was a bad guy."

The U.S. Supreme Court refused to review his case in late March. The Texas Board of Pardons and Paroles, in a pair of 17-0 votes Tuesday, refused to recommend his sentence be commuted to life in prison and refused a reprieve request. "I'm just glad it's about over. I'm looking forward to the last meal, but not the part that comes after," he laughed. "It's going to happen. I might as well accept it."

Baker was born in Paris, France, where his Army father was stationed. He grew up in San Antonio, spent four years in the Army and moved to College Station. He joined the National Guard and spent two years taking classes at Blinn College. He said he wanted to be a history teacher.

Baker, who did not testify at his 1995 trial, said he was at a loss to explain what set him off. "I ask myself that, too," he said.

At least five executions are scheduled for June, putting Texas on a pace for the year to nearly equal the record 40 executions carried out in 2000.

The Huntsville Item

"Man Set to Die for 1995 College Station Killing," by Mark Passwaters. (May 30, 2002)

A man sentenced to death by a Brazos County jury for the 1995 killing of an adult video store clerk in College Station is scheduled to be executed this evening in the death chamber at the Huntsville "Walls" Unit.

Stanley Allison Baker Jr. was found guilty of the Sept. 28, 1994, killing of 44-year-old Wayne Walters. Walters was the only person in the video store -- located at the Intersection of Texas Avenue and University Drive in College Station, directly across from the Texas A&M University campus -- when Baker entered the building. Baker produced a shotgun and took Walters' car keys without resistance. Baker then shot Walters three times, including once to the back of the head as he lay face down on the floor. Walters was killed instantly.

Baker stole between $40 and $50 from the store's cash register. During the robbery, Baker split his lip and broke one of his front teeth when the shotgun recoiled and hit him the face. After stealing Walters' pickup truck, Baker loaded his belongings into the vehicle and attempted to flee the area. He was able to successfully leave Brazos County, but was apprehended in Bastrop by a Texas Department of Public Safety trooper. Baker still had blood on his shirt from his split lip.

When the DPS officer took Baker into custody, the murder weapon, ammunition, a brass-knuckled stiletto, a bulletproof vest, a garrote, and some survival gear were recovered. Authorities also discovered a notebook in which Baker had written his goals for the year. One caption read: "30+ victims dead. 30+ armed robberies. Steal a lot of cars." Baker told DPS troopers that he had not only intended to kill to Walters, but anyone else who was in the store when he entered it.

Baker was indicted on a capital murder charge Oct. 27, 1994, and the trial starting in July 1995. During the trial, the prosecution produced evidence which documented Baker's weapons stash and his writings, which they say exhibited a hatred towards gays, blacks and former President Bill Clinton. They also introduced evidence of Baker's plans to go on a killing spree similar to that of Charles Whitman, the man who killed 16 while shooting with a high-powered rifle from atop the University of Texas clock tower in 1966.

Baker was found guilty of the murder charge July 21, 1995, and sentenced to death five days later. Baker has no appeals pending, and only a last-minute stay of execution from Gov. Rick Perry can prevent his execution. Barring any stay, Baker will be put to death sometime after 6 p.m. today.

College Station Eagle

"France Native to Die by Injection," by Coleen Kavanagh. (May 30, 2002)

A man convicted of robbing and murdering an adult video store clerk in Brazos County seven years ago is scheduled to be executed Thursday in Huntsville. Stanley Allison Baker Jr., 35, has exhausted his appeals and is set to be put to death at 6 p.m. He was convicted of capital murder in the shooting death of Dolar Video clerk Wayne John Walters, 44, in September 1994.

Baker, a native of Paris, France, was on his way to the old Winn-Dixie store in College Station to kill his boss because store management had moved him to the night shift. But the day’s heat caused Baker to randomly detour into the video store, where he took Walters’ keys, shot him three times and stole his truck and about $40 from the cash register.

During the robbery, the shotgun recoiled and hit Baker in the face, splitting his lip and breaking a tooth. Blood, the tooth fragment and other physical evidence tied him to the crime scene. State troopers arrested Baker less than two hours later on U.S. 290 in Bastrop County, where they found the murder weapon, ammunition, a brass-knuckled stiletto, a bulletproof vest and a collection of survival gear.

In a notebook police found, Baker had listed his goals for that year. They included the following entry: “30+ victims dead. 30+ armed robberies. Steal a lot of cars.” He confessed to the crime and told troopers he went into Dolar Video with the intent to rob it and kill anyone there.

During his trial, his attorneys sought a life sentence, saying he had never before been violent, was devastated by his parents’ divorce when he was nine, and suffered from several mental illnesses.

Baker v. State, 956 S.W.2d 19 (Tex.Crim.App. 1997) (Direct Appeal)

Defendant was convicted in the 85th District Court, Brazos County, J.D. Langley, J., of capital murder. Defendant appealed. The Court of Criminal Appeals, Keller, J., held that: (1) evidence in punishment phase of trial supported jury's finding that defendant would be future danger to society; (2) even if defendant's statement to police should have been suppressed, defendant was not prejudiced by trial court's failure to do so; (3) in issue of first impression, Tucker/Elstad rule, i.e., that failure to give required Miranda warnings does not require suppression of evidence subsequently obtained as result of that statement, also applies to failure to scrupulously honor invocation of Miranda rights; (4) violation of Miranda requirements is not violation of "Constitution or laws of the United States of America," for purposes of Texas' exclusionary rule; and (5) defendant waived appellate review of his claim that trial judge erred in not hearing defendant's motion for new trial within required 75 days. Affirmed.

The evidence, viewed in a light most favorable to the jury's finding, shows the following: Appellant intended to kill his former employer. After walking nearly two miles in pursuit of his plan, he became hot and decided to steal a truck. He went into the Adult Video Store in College Station, where Wayne Williams, the night clerk, was working alone. Appellant took from Williams the keys to his truck, the currency from the cash register, and the night's receipts. Appellant then shot Williams three times. Appellant fled the scene in William's vehicle, returned home and loaded the stolen vehicle with his gear. The items found in the vehicle included the murder weapon, ammunition, a brass knuckled stiletto, a bulletproof vest, a garrote, and a variety of survival gear. In a notebook seized by police, appellant had written his goals for the year, which included, "30+ victims dead. 30+ armed robberies. Steal a lot of cars." Furthermore, on the day of his arrest appellant showed no remorse. We hold that the evidence presented in the instant case is sufficient to support the jury's finding regarding appellant's future dangerousness.