Derrick Wayne Frazier
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Derrick Wayne Frazier, a 29-year-old black male, was executed by lethal injection at the Texas State Penitentiary in Huntsville, Texas on August 31, 2006. Frazier was found guilty of the 1997 murder of Betsy Nutt, a 41-year-old white female, and Cody Nutt, a 15-year-old white male. Frazier, who was 20-years old when he committed the capital crime, was sentenced to death on October 7, 1998.
At approximately 11 a.m on June 25, 1997, Frazier and Jermaine Herron, an 18-year-old black male, visited the Lucich ranch, located approximately 10 miles from Refugio in the country north of Corpus Christi, Texas. The two men were looking for work. Betsy Nutt and her son Cody were also living on the ranch in a mobile home.
During the visit Frazier and Herron noticed a number of guns in the Lucich residence. That afternoon Frazier, Herron, and Michael Brown made plans to burglarize the Lucich residence and to steal Betsy’s pickup truck. In the evening Brown drove Frazier and Herron to the ranch. Frazier and Herron knew where guns were kept having been inside the place before. In the car Frazier and Herron discussed stealing the guns. They planned to quickly retrieve the guns and kill anyone in the home but before they could enter the Lucich’s home the lights came on and the three men had to drive away.
The next morning Brown drove Frazier and Herron back to the Lucichs' home, dropped them off, and drove away. In his videotaped confession Frazier narrated the following set of events occurring that morning. After burglarizing the Lucich home Frazier and Herron took a 9-millimeter pistol and went to the Nutts' trailer. Hiding the pistol the two men approached Betsy and Herron conversed with her after which Betsy offered to take Frazier and Herron to Refugio. The three of them entered Betsy's pickup truck but as she started the engine Betsy realized she had forgotten her mobile phone. She turned off the engine and went back inside her home to retrieve the phone.
While Betsy was in her home Herron told Frazier, "I'm going to do 'em now," which Frazier took to mean that Herron was going to kill Betsy and Cody. Frazier responded, "It's your business." When Betsy came back to her truck and started the engine Herron told her that he needed to use the bathroom. Betsy told him that he could go inside and do so and Herron entered the Nutt residence. Soon afterwards Herron returned from the residence and told Betsy that she had a telephone call. Betsy exited the truck and entered her home with Frazier following her.
Once inside the Nutts' home Herron pointed the pistol at Betsy and told her not to move. Hearing the commotion Cody came into the room occupied by Frazier, Herron, and Betsy. Herron then shot Cody with the pistol. After shooting Cody, Herron handed the gun to Frazier and told Frazier to shoot Betsy. Although he did not want to do it, Frazier shot Betsy twice in the head. The first shot was from six to seven feet away while the second shot occurred when Frazier was standing over Betsy with the gun two or three feet away from her. Herron then set the house on fire after which Herron and Frazier drove away in Betsy's truck.
On August 8, 1997, a Refugio County grand jury indicted Frazier and Herron for the capital murder of Betsy and Cody Nutt. The two men were tried separately some six months apart. Both were convicted and sentenced to death. At trial Brown testified that Herron later called Brown on the telephone. During their conversation Herron told Brown that Herron had killed a lady and a little boy. At a later date when Brown and Herron were in jail, Herron told Brown that Frazier was the one who shot both Betsy and Cody.
On March 28, 2001, the Texas Court of Criminal Appeals affirmed Frazier’s conviction and sentence. On May 17, 2006, Herron was executed by lethal injection.
[edit] References
- Michelangelo Delfino and Mary E. Day, Death Penalty USA 2005 -2006, (2008), 317-319.
- Frazier v. Dretke (2005) 145 Fed.Appx. 866.
- Herron v. State (2002) 86 S.W.3d 621.
