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Derrick Frazier
Derrick Frazier, 29, was executed by lethal injection on 31 August
2006 in Huntsville, Texas for the robbery and murder of a woman and
her son.
On 25 June 1997, Frazier, then 20, and Jermaine Herron, 18, visited a
ranch owned by Ron Lucich, ten miles north of Refugio. Herron and his
father had lived on the ranch many years earlier, when Herron's father
was Lucich's foreman*. Mr. and Mrs. Lucich were away, but their
three children were home. Herron introduced Derrick Frazier as his
cousin, Kevin, and stated that they came to see whether the Lucichs
had any work for them. They decided to "hang out" until the Lucichs
came home. Mrs. Lucich then came home and became concerned about the
two men loitering in her home. She called her husband, who told her to
"get them out of there." Mrs. Lucich took the men and her children out
for lunch, then dropped the men off at the house of one of Herron's
friends. Later that day, Ron Lucich called Herron and told him to
never come back to his ranch.
That afternoon, Frazier and Herron made plans to burglarize the ranch.
They had observed several guns in the home, and they learned that the
Lucichs were planning to be out of town the following day. They drove
with another man, Michael Brown, to a roadside park from which the
ranch could be viewed, and discussed their plan further. A second
trailer home, occupied by Betsy Nutt and her 15-year-old son, Cody,
was also on the property.
At about 9:00 p.m., Crystal Mascorro drove Frazier, Herron, and Brown
to the entrance of the Lucich ranch. All three men wore bandannas over
their faces, and Herron carried a .22-caliber rifle. As they
approached the Lucichs' trailer, the porch light came on. Brown turned
back and ran. Frazier and Herron subsequently joined him, and they all
left the ranch.
A few hours later, in the early morning hours of 26 June, the thee men
drove back to the ranch. This time, Brown dropped Frazier and Herron
off. They hid and waited for the Lucichs to leave. At about 7:30 a.m.,
the Lucichs left. Frazier and Herron then entered their trailer and
gathered up some guns and other items. They then called Brown and told
him to come pick them up. They were still waiting at 2:00 p.m., when
Betsy and Cody Nutt came home. They approached Mrs. Nutt, told her
that their car had broken down, and asked to use her restroom. Once
inside Nutt's trailer, they forced the Nutts to their knees, then shot
each of them twice in the head with a 9mm pistol. They then drove away
in Nutt's truck.
Police spotted Nutt's pickup later that night and arrested Frazier.
Fingerprints taken from the inside of the pickup matched his. Police
also recovered property taken in the burglary from Frazier's
girlfriend and from the apartment where he was hiding. Frazier
confessed on videotape to burglarizing the Lucich's home, murdering
Betsy Nutt, and stealing her pickup.
In his confession, Frazier said that Betsy Nutt offered to give Herron
and him a ride into town, and the three of them got into her pickup.
After Nutt started the engine, she realized she had forgotten her
mobile phone, so she turned off the engine and went back inside.
Herron then told Frazier, "I'm going to do 'em now." Frazier
responded, "It's your business." When Nutt came back out, Herron said
that he needed to use the bathroom, so Nutt gave him permission to go
inside the trailer. Herron then came back out and told Nutt that she
had a telephone call. Nutt exited the truck and walked inside her
home, with Frazier following her. Once inside, Herron pointed a pistol
at Nutt and told her not to move. Hearing the commotion, Cody Nutt
then came into the room. Herron shot Cody with the pistol, then handed
the gun to Frazier and told him to shoot Betsy. Frazier then fired two
shots, killing her.
Herron also confessed to the crime, stating that he killed Cody Nutt
and Frazier killed Betsy Nutt.
Frazier had prior convictions for unlawfully carrying a weapon and
aggravated assault with a deadly weapon.
A jury convicted Frazier of capital murder in October 1998 and
sentenced him to death. The Texas Court of Criminal Appeals affirmed
the conviction and sentence in March 2001. All of his subsequent
appeals in state and federal court were denied.
Jermaine Herron was also convicted of capital murder and sentenced to
death.
Frazier gave a television interview in April 2006, when a previous
execution date was approaching. He said that the confession he gave at
the time of his arrest was coerced. "The only thing I'm guilty of is
possession of stolen property." Frazier said that he was sitting in
Nutt's pickup truck while Herron was inside the trailer. "I heard
gunshots. He come out. I asked him directly, 'What the [expletive]
wrong with you?' That's what I asked him. 'Man, man, get me up out of
here.'"
In the interview, Frazier said that he felt no remorse for the
victims. "Driving down the highway," he said, "you see a raccoon on
the side of the road. It just got run over by a truck. Do you have any
remorse? You didn't even know that raccoon, did you?"
Frazier received a stay of execution, but his partner did not. Herron,
who claimed at his trial and during interviews that he had nothing to
do with the crime and Frazier was solely responsible, was put to death
on 17 May. Later, Frazier's stay was lifted, and his execution was
rescheduled for 31 August.
In another interview the week before he was put to death, Frazier -
then going by the name Hasan al-Shakur - repeated his claim of
innocence. "I wasn't there. I did not commit the crime. I've been
saying that for the last nine years. Nothing has changed," he said. He
again stated that his confession was coerced.
Refugio County District Attorney Michael Sheppard responded to
Frazier's claims of a coerced confession. "He talked about details
only someone in the house would know - where the bodies were, how many
bullets were in them, where they were shot. [Frazier and Herron] both
said Herron shot Cody, handed the gun to Frazier, and Frazier shot
Betsy Nutt. And bear in mind, they're giving these statements
separately."
In his last statement at his execution, Frazier proclaimed his
innocence and expressed love to his wife, who he married by proxy
while on death row. He was pronounced dead at 6:18 p.m.
* Reports vary as to which man's father used to work for Lucich. Most reports of Frazier's case state that his father was the former employee, while reports of Herron's case state that it was his father. In the writer's opinion, the reports that Herron's father was the
former employee are more authoritative.

By David Carson. Posted on 6 September 2006.
Sources: Texas Department of Criminal Justice, Texas Attorney
General's office, Associated Press, KRIS-TV, court documents.
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