Nicholas Acklin and Joey Wilson were sentenced to death by the State of Alabama for four murders
According to court documents Nicholas Acklin, Joey Wilson and a third man would go to a home and open fire killing Bryan Carter, 21; Michael Beaudette, 19; Johnny Couch, 18; and Lamar Hemphill, 21. Michelle Hayden, then 17, was shot in her face, elbow and abdomen. Ashley Rutherford, then 22, was shot in the back of the head and survived by pretending he was dead.
Nicholas Acklin and Joey Wilson would be arrested, convicted and sentenced to death
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Nicholas Acklin is incarcerated at Holman Prison
Nicholas Acklin Case
“’Late on the night of September 25, 1996, Nicholas Bernard Acklin and two companions, all heavily armed, entered the home of Ashley Rutherford on University Drive in Huntsville, Madison County, Alabama. Acklin, Joseph Wilson, and Corey Johnson held seven people at gunpoint in a 13′ x 18′ room and, for nearly two hours, assaulted, tortured, and humiliated them. Then, shortly before midnight, Acklin and Wilson fired 19 rounds of 9mm ammunition, shooting 6 of the 7 victims in or about the head. Four of the six victims died, two survived the shooting, and one victim escaped.
“’The events giving rise to these slayings occurred approximately one week before the murders took place. At this time, Joseph (“Joey”) Wilson and Corey Johnson, while visiting the home of Ashley Rutherford, stole a cellular telephone and a small bag of marijuana. The theft of the cellular telephone prompted Rutherford and the owner of the phone, Lamar Hemphill, to file a police report with the Huntsville Police Department. As a result of the police report being filed, Wilson was questioned by the police regarding the theft of the phone. Once Wilson learned that a police report had been filed, he became angry. On the night of September 25, 1996, Wilson, Nicholas Acklin, and Johnson went to Ashley Rutherford’s home seeking revenge against those persons they deemed responsible for filing the report.
“’Early in the evening of September 25, 1996, Ashley Rutherford’s fiancee (Michelle Hayden) and two of his friends (Brian Carter and Lamar Hemphill) sat in Rutherford’s garage apartment watching television and awaiting Rutherford’s return from work. Later, Michael Beaudette, another friend of Ashley Rutherford, arrived and joined Hayden, Carter, and Hemphill in watching television and socializing. At approximately 10:00 p.m., Mike Skirchak and Johnny Couch, while driving past Rutherford’s home on University Drive, noticed Michael Beaudette’s car and decided to stop and talk for awhile with Beaudette and the others. At approximately 10:05 p.m., Skirchak and Couch decided to leave. As the two young men exited Rutherford’s home, they were met by Nicholas Acklin, Joey Wilson, and Corey Johnson, who forced them back inside the garage apartment.
“’Once inside the apartment, Acklin, Wilson, and Johnson began asking repeatedly, “Who filled out the warrant?” When no one would give them a satisfactory answer, they brandished handguns and began physically assaulting Skirchak, Couch, Beaudette, Carter, and Hemphill. Specifically, these five young men were kicked, slapped, punched, spat on, and beaten with a whiskey bottle by Wilson and Johnson. A few times during these assaults, Nicholas Acklin took Michelle Hayden outside and made sexual advances towards her. Acklin fondled Hayden’s breasts and repeatedly asked her to pull down her pants. After approximately an hour of the aforementioned behavior, Ashley Rutherford arrived home from work and he was immediately confronted by Johnson, who forced him into the apartment. Once inside, Rutherford was also interrogated about the police report. He, too, was beaten and threatened. In fact, as the night progressed, two of the three assailants, Nicholas Acklin and Joey Wilson, grew increasingly violent and more demeaning. For example, Nicholas Acklin placed a .357 magnum revolver in Rutherford’s mouth and shoved it into his throat until Rutherford gagged. Acklin also placed Michael Beaudette in a headlock and placed the same .357 magnum revolver under his chin. Wilson kicked and stomped Johnny Couch until he was almost unconscious and then cut his ponytail off with a pair of scissors. A short while after this incident, Acklin made Michelle Hayden accompany him outside while he stole Brian Carter’s car stereo from Carter’s car. When Nicholas Acklin returned to the overcrowded apartment, he threw a pocket-knife at Brian Carter’s feet. Then, Acklin turned to Wilson, who was holding a Ruger 9mm semi-automatic handgun and proclaimed, “Look, he has a knife!” Both Acklin and Wilson continued humiliating the victims by making them do self-degrading things, such as take off their pants and sit exposed in their underwear. At one point in the evening, Wilson placed his handgun on a dresser and dared anyone to try and grab it. Furthermore, following one of the several occasions that Acklin took Michelle Hayden outside, Acklin went back inside the apartment and told her fiance, Ashley Rutherford, that his girlfriend had just performed oral sex on him.
“’As the night progressed, all seven victims asserted that they did not know anything about a warrant being filed against Wilson. However, Rutherford and Hemphill did admit to their attackers that a police report had been filed for the stolen cellular phone, but no one had sworn out a warrant. Despite the assertions by Rutherford and Hemphill, as well as from the others, the anger of both Nicholas Acklin and Wilson rose to a dangerous crescendo. Just before midnight, Acklin and Wilson made all seven victims give them their driver’s licenses and identification cards. At this point, Corey Johnson tried to calm Acklin and Wilson down by telling them that the victims were not going to talk and that they didn’t have to shoot anyone. Unfortunately, Nicholas Acklin and Wilson ignored Johnson and began shouting for someone to go and start the car. After yelling back and forth to each other to go start the car, Nicholas Acklin finally left Wilson inside and went to start Wilson’s car. At this point, Wilson was holding the seven victims at gunpoint and demanding that someone tell him who filed what he claimed was a warrant against him. When Acklin returned from outside, he was holding one of the two Lorcin 9mm handguns that had been tucked in his waistband earlier that night. As Wilson continued to demand answers to his questions, Nicholas Acklin proclaimed, “Fuck it,” and placed the Lorcin 9mm against the back of Ashley Rutherford’s head and fired. Then, in a methodical manner, as each of the other victims sat and watched, Nicholas Acklin shot Lamar Hemphill once in the head, shot Johnny Couch twice in the head, shot Michael Beaudette once in the head and once in the upper leg, and shot Michelle Hayden in the side of her face, in her arm, and in her abdomen. ․ Joey Wilson shot Brian Carter six times in the neck and chest. ․ Mike Skirchak ran out of the back door of the apartment without any gunshot wounds.
“’After having fired 19 rounds of ammunition inside the apartment, Nicholas Acklin, Wilson, and Johnson fled. Ashley Rutherford, the first person shot by Acklin, laid in a pool of his own blood and pretended to be dead until he was sure that his attackers had left the apartment. Once he knew that they were gone, Rutherford left the garage apartment and went into the main part of the house to get help from his grandmother. After he told his grandmother to call an ambulance, Rutherford went back to assist his fiancee Hayden, who was lying in the doorway leading to the main part of the house. At approximately 12:30 a.m., Madison County emergency medical technicians arrived on the scene and determined that Michael Beaudette, Brian Carter, and Johnny Couch were already dead. Michelle Hayden was alive, but critically wounded, and Lamar Hemphill died minutes after medical technicians arrived.”’
Acklin v. State, 790 So. 2d 975, 982-84 (Ala. Crim. App. 2000) (quoting Trial C. 280-84 1 ).
In relevant part, the trial court found that two aggravating circumstances existed: (1) the defendant knowingly created a great risk of death to many persons and (2) the capital offense was especially heinous, atrocious, or cruel compared to other capital offenses. See § 13A-5-49, Ala. Code 1975. With regard to the second aggravating circumstance, the sentencing order states, in relevant part:
“Prior to the discharge of the two weapons, the victims were subjected to threats and intimidation. The victims were restrained at gunpoint and required to remove various portions of their clothing (primarily their pants). Joey Wilson kicked and stomped Johnny Couch until he was almost unconscious, and to further degrade and disfigure him, he cut off his pony tail with a pair of scissors.4 Throughout the evening Skirchak (the victim who escaped), Couch, Beaudette, Carter and Hemphill were repeatedly kicked, slapped, punched, spat on, and beaten with a whiskey bottle by Wilson and Johnson. After his arrival, Ashley Rutherford was also beaten and threatened.
“Several times during the night, Acklin took Michelle Hayden outside and made sexual advances toward her. Acklin fondled Hayden’s breasts and repeatedly asked her to pull down her pants. After Acklin brought Michelle back inside, he told Ashley Rutherford that his girlfriend had performed oral sex on him. (She did not.)
“Acklin later placed a .357 magnum revolver in Rutherford’s mouth and shoved it into his throat until Rutherford gagged. Acklin also placed Michael Beaudette in a headlock and placed the same .357 magnum revolver under his chin.
“The perpetrators also stole various items from the victims. They took the victims’ driver’s licenses (Beaudette’s driver’s license was recovered in the pair of pants that Acklin was wearing when they were seized by law enforcement). On one occasion Acklin made Michelle Hayden accompany him outside, while he stole Brian Carter’s car stereo from Carter’s car.
“This was an execution-style slaying. Acklin and Wilson killed or attempted to kill all of the victims in order to avoid later identification. In Bush v. State, 431 So. 2d 555, 560-561 (Ala. Cr. App. 1982), aff’d 431 So. 2d 563 [ (Ala. 1983) ], cert. denied, 464 U.S. 865 (1983), the Court of Criminal Appeals stated: ‘Execution-type slayings evincing a cold, calculated design to kill, fall into the category of heinous, atrocious or cruel’
“In Lawhorn v. State, 581 So. 2d 1159, 1175 n.7 (Ala. Crim. App. 1990), aff’d, 581 So. 2d 1179 (Ala. 1991), the Court ruled that ‘Evidence as to the fear experienced by the victim before death is a significant factor in determining the existence of [the] aggravating circumstance[ ] that the murder was heinous, atrocious, and cruel.’ It is almost impossible to contemplate the fear and indeed the stark terror experienced by all of these victims on the night of September 25, 1996. After being repeatedly threatened, taunted, beaten and (in Hayden’s case) sexually assaulted, Acklin and Wilson began shouting for someone to go and start the car. It was at this point that the four deceased victims certainly realized what was about to happen. Certainly, everyone there knew that they were about to die. Finally, each of the victims watched their friends being methodically shot before it was their time to die.
“The actions of the defendant were conscienceless and pitiless. This was not just a murder, it was a massacre in which the defendant engaged in a bloody orgy of death and destruction. By any standard acceptable to civilized society, this crime was extremely wicked and shockingly evil. While the Court recognizes that all capital offenses are heinous, atrocious and cruel to some extent, the degree of heinousness, atrociousness and cruelty which characterizes this offense exceeds that which is common to all capital offenses.
https://caselaw.findlaw.com/court/al-court-of-criminal-appeals/1882905.html