James W. Rodgers
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James W. Rodgers (August 3, 1910 – March 30, 1960) was an
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
who was
sentenced to death Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
by the state of
Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
for the murder of
miner A miner is a person who extracts ore, coal, chalk, clay, or other minerals from the earth through mining. There are two senses in which the term is used. In its narrowest sense, a miner is someone who works at the rock face; cutting, blasting, ...
Charles Merrifield in 1957. In his
final statement A person's last words, their final articulated words stated prior to death or as death approaches, are often recorded because of the decedent's fame, but sometimes because of interest in the statement itself. (People dying of illness are frequen ...
before his
execution Capital punishment, also known as the death penalty, is the State (polity), state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to ...
by firing squad in 1960, Rodgers requested a
bulletproof vest A bulletproof vest, also known as a ballistic vest or a bullet-resistant vest, is an item of body armor that helps absorb the impact and reduce or stop penetration to the torso from firearm-fired projectiles and fragmentation from explosions. T ...
. His
execution by firing squad Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
would be the last to be carried out in the United States before capital punishment was halted by the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The death penalty was reinstated in 1976 and the first person executed in Utah subsequent to that date was
Gary Gilmore Gary Mark Gilmore (born Faye Robert Coffman; December 4, 1940 – January 17, 1977) was an American criminal who gained international attention for demanding the implementation of his death sentence for two murders he had admitted to committing ...
in 1977.


Background

Rodgers was born on August 3, 1910 in
Lubbock, Texas Lubbock ( ) is the 10th-most populous city in the U.S. state of Texas and the seat of government of Lubbock County. With a population of 260,993 in 2021, the city is also the 85th-most populous in the United States. The city is in the northw ...
, and was the eldest of five brothers and six sisters. His education was interrupted during the eighth grade. At the age of twelve, he left his family's household, where his father forced the children to work. By the age of sixteen, he became involved in a bootlegging operation and was injured in the legs by machine gun fire. Rodgers eventually became involved in armed
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, spending over twenty years in incarceration at various prisons.


Death of Charles Merrifield

In 1957, Rodgers came from
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ker ...
to work as a part-time security guard with the Continental Uranium Company at its Rattlesnake
uranium mine Uranium mining is the process of extraction of uranium ore from the ground. Over 50 thousand tons of uranium were produced in 2019. Kazakhstan, Canada, and Australia were the top three uranium producers, respectively, and together account f ...
near
La Sal, Utah La Sal is a census-designated place (CDP) in northeastern San Juan County, Utah, San Juan County, Utah, United States. The population was 339 at the 2000 United States Census, 2000 census. The name comes from the La Sal Mountains which means in Sp ...
. Following an altercation on June 19 of that year, James W. Rodgers shot miner Charles Merrifield, who died of multiple gunshot wounds to the head, arm, and torso. The two had been arguing over how to properly grease a scoop shovel. Rodgers drove off in his truck, but was quickly apprehended in
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
and turned over to the Grand County Jail in
San Juan County, Utah San Juan County ( ) is a County (United States), county in the southeastern portion of the U.S. state of Utah. As of the 2010 United States Census, the population was 14,746. Its county seat is Monticello, Utah, Monticello, while its most popul ...
. He claimed that he had been repeatedly threatened and thought Merrifield was going to "beat him up." Rodgers said that he "challenged Merrifield with a gun" and shot him when Merrifield attacked him with a large wrench.


Murder trial

Rodgers was
arraigned Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdi ...
at the San Juan County Courthouse in
Monticello, Utah Monticello ( ) is a city located in San Juan County, Utah, United States and is the county seat. It is the second most populous city in San Juan County, with a population of 1,972 at the 2010 census. The Monticello area was settled in July 1887 ...
on June 26, 1957, and was formally charged with
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
. Rodgers claimed that he was suffering from
syphilis Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms of syphilis vary depending in which of the four stages it presents (primary, secondary, latent, an ...
and pleaded "guilty by reason of insanity". During the trial, Rodgers asserted that he had killed Merrifield in self-defense. However, Merrifield was determined to have been shot by Rodgers'
.38 .38 caliber is a frequently used name for the caliber of firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). Th ...
-caliber handgun while at the controls of the large shovel at the mine. Upon being convicted and sentenced to death, Rodgers was given the choice of
execution by firing squad Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
or
hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
; he chose to be shot. Rodgers said that he was not worried because he would succumb to syphilis before his execution. However, he did not test positive for the disease under medical examination. Rodgers filed three appeals, including one to the Supreme Court of Utah, all of which were denied. Rodgers was sent to
death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
at
Utah State Prison Utah State Prison (USP) was one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It was located in Draper, Utah, United States, about southwest of Salt Lake City.Utah Department of Correct ...
, where he was considered a model prisoner and wrote of his "deepest gratitude for the many favors and the kindness" during his 2 years as an inmate. He made no request for a special
last meal A condemned prisoner's last meal is a customary ritual preceding execution. In many countries, the prisoner may, within reason, select what the last meal will be. Contemporary restrictions in the United States In the United States, most states gi ...
nor other favors before his execution.


Execution

On the morning of March 30, 1960, Rodgers was driven to the execution site on a clay flat about a mile (1.6 km) from the prison accompanied by San Juan County Sheriff Seth Wright and a prison chaplain. When asked for a
final statement A person's last words, their final articulated words stated prior to death or as death approaches, are often recorded because of the decedent's fame, but sometimes because of interest in the statement itself. (People dying of illness are frequen ...
, Rodgers continued to insist that he was innocent and said, "I done told you my last request ... a
bulletproof vest A bulletproof vest, also known as a ballistic vest or a bullet-resistant vest, is an item of body armor that helps absorb the impact and reduce or stop penetration to the torso from firearm-fired projectiles and fragmentation from explosions. T ...
." He was dressed in denim and offered a coat, to which he replied, "Don't worry, I'll be where it's warm soon." Rodgers was strapped to a wooden chair inside a 20-foot (6.1 m) canvas enclosure. The firing squad, concealed in a smaller burlap enclosure about away, consisted of five volunteers who were paid $75 each($655.43 in 2020 USD). One of the marksmen was provided with a
.30-30 The .30-30 Winchester/.30 Winchester Center Fire cartridge was first marketed in 1895 for the Winchester Model 1894 lever-action rifle. so that none of them would be certain who fired the lethal shots. Rodgers was executed at 6:16 a.m., the time of sunrise. Rodgers' body was claimed for burial in California by his mother, who had last visited him ten days before the execution. Rodgers would be the last person to die by firing squad in the United States for almost 17 years, until
Gary Gilmore Gary Mark Gilmore (born Faye Robert Coffman; December 4, 1940 – January 17, 1977) was an American criminal who gained international attention for demanding the implementation of his death sentence for two murders he had admitted to committing ...
became the first to be executed after the reinstatement of capital punishment by the U.S. Supreme Court decision of ''
Gregg v. Georgia ''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use ...
''.


See also

*
Capital punishment in Utah Capital punishment is a legal penalty in the U.S. state of Utah. Utah was the first state to resume executions after the 1972–1976 national moratorium on capital punishment ended with ''Gregg v. Georgia'', when Gary Gilmore was executed by firin ...
*
Capital punishment in the United States In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 s ...
* List of people executed in Utah


References


Further reading

*


External links


''The State of Utah v. James W. Rodgers''
small> – Supreme Court of Utah (September 23, 1958)
''James W. Rodgers v. John W. Turner, warden''
small> – U.S. District Court of Utah (October 30, 1959) {{DEFAULTSORT:Rodgers, James W. 1910 births 1960 deaths American people convicted of murder American robbers American builders Deaths by firearm in Utah Executed American people People convicted of murder by Utah People executed by Utah by firing squad 20th-century executions by Utah People executed for murder People from Lubbock, Texas 20th-century executions of American people Executed people from Texas 1957 murders in the United States American people convicted of robbery