DOB: 09-03-1957 DOC#: 7114 White Male
Vigo County Circuit Court
Judge Hugh D.
McQuillan
Venued from Vanderburgh County
Prosecutor: Stanley M. Levco, Robert J. Pigman
Defense: William G. Smock
Date of Murder: January 14, 1980
Victim(s): Patrick Gilligan W/M/30; Teresa Gilligan W/F/30; Lisa Gilligan W/F/5; Gregory Gilligan W/M/4 (No relationship to Wallace)
Method of Murder: shooting with handgun
Summary: As attested by the admission of Wallace to friends after the fact, after burglarizing the home of Ralph Hendricks, he "got greedy" and decided to break into the house next door. However, when he did so, he was surprised to find the family inside. Patrick and Teresa Gilligan and their two children, aged 4 and 5, were confronted by Wallace with a gun. All four were tied up and shot in the head. Wallace would say to friends later that he shot Mr. Gilligan because he was "giving him trouble"; he shot Mrs. Gilligan because she was screaming and he "had to shut her up"; and he shot the children because he "could not let the children grow up with the trauma of not having parents." Wallace then took guns, a CB, a scanner, and other property, all of which was later recovered from or traced to Wallace. (Wallace was found incompetent and confined in a mental hospital for almost 2 years prior to trial)
Trial: Venued to Vigo County (01-24-80); Found Incompetent (05-19-80); Found Competent (09-02-80); Found Incompetent (01-16-81); Competency Hearing (06-10-82, 06-11-82, 06-14-82, 06-16-82, 06-18-82); Found Competent (06-28-82); Insanity Defense filed (07-02-82); Insanity Defense Withdrawn (08-12-82); Voir dire (08-31-82, 09-01-82, 09-02-82, 09-03-82, 09-07-82, 09-08-82, 09-09-82); Jury Trial (09-09-82, 09-10-82, 09-11-82, 09-13-82, 09-14-82, 09-15-82, 09-16-82, 09-17-82, 09-18-82, 09-20-82, 09-21-82, 09-22-82); Verdict (09-22-82); DP Trial (09-23-82); Verdict (09-23-82); Court Sentencing (10-21-82).
Conviction: Murder (4 counts)
Sentencing: October 21, 1982 (Death Sentence)
Aggravating Circumstances: b (1) Burglary; b(8) 4 murders
Mitigating Circumstances: extreme emotional disturbance, loveless, insecure childhood
Direct Appeal:
Wallace v. State, 486 N.E.2d 445 (Ind. December 6, 1985)
Conviction Affirmed 5-0 DP Affirmed 3-2
Pivarnik Opinion; Givan, Shepard concur;Debruler and Prentice dissent.
Wallace v. Indiana, 106 S. Ct. 3311
(1986) (Cert. denied)
PCR:
PCR Petition filed 12-03-86. PCR denied 09-04-87 by Special Judge Robert Brown.
Wallace v. State, 553 N.E.2d 456 (Ind. 1990)
(Appeal of PCR denial by Judge Robert Brown)
Affirmed 3-2; Pivarnik Opinion; Givan, Shepard concur; Debruler, Dickson dissent.
Wallace v. Indiana, 111 S. Ct. 2250
(1991) (Cert. denied)
Wallace v. State, 640 N.E.2d 374 (Ind.
1994)
(Appeal of 2nd PCR denial by Judge Dexter Bolin,
Summary Judgment to State)
Affirmed 5-0; Givan Opinion; Shepard, Dickson, Debruler, Sullivan concur.
Wallace v. Indiana, 115 S. Ct. 1972
(1995) (Cert. denied)
Habeas:
Petition for Writ of Habeas Corpus filed 09-06-95 in U.S. District Court, Southern District of Indiana.
Writ denied 11-14-02 by U.S. District Court Judge Sarah Evans Barker.
Wallace v. Davis, ___ F.Supp.2d ___ (S.D. Ind. November 14, 2002).
(Order of Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana denying the Habeas Corpus Petition of Donald Ray Wallace, which had been pending for more than 7 years, an unconscionable delay that is left unexplained by the Court.)
Wallace v. Davis, 362 F.3d 914 (7th Cir. March 26, 2004).
(Appeal of denial of Habeas Writ by Judge Sarah Evans Barker)
Affirmed 3-0; Circuit Judge Frank H. Easterbrook, Judge Joel M. Flaum, Judge Anne Claire Williams.
For Defendant: Alan M. Freedman, Evanston, IL
For State: Stephen R. Creason Deputy Attorney General (Carter)
Wallace v. Davis, 125 S.Ct. 617 (November 29, 2004) (Cert. denied)
Wallace v. Davis, 373 F.3d 844 (7th Cir. June 28, 2004) (02-4262).
Petition for Rehearing and Rehearing En Banc denied by 8-3 majority of active Judges of 7th Circuit.
For Defendant: Alan M. Freedman, Evanston, IL
For State: Stephen R. Creason Deputy Attorney General (Carter)
WALLACE WAS EXECUTED BY LETHAL INJECTION 03-10-05 12:23 AM EST. HE WAS THE 82ND CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900, AND THE 12TH SINCE THE DEATH PENALTY WAS REINSTATED IN 1977.
As of July 1, 2006