Marvin Charles Gabrion (born October 18, 1953) is an American murderer, rapist, and suspected
serial killer
A serial killer is typically a person who murders three or more persons,A
*
*
*
* with the murders taking place over more than a month and including a significant period of time between them. While most authorities set a threshold of three ...
convicted of the 1997 kidnapping and murder of 19-year-old Rachel Timmerman, of
Cedar Springs, Michigan
Cedar Springs is a city in Kent County in the U.S. state of Michigan. The population was 3,509 at the 2010 census. Cedar Springs is a northern city of the Grand Rapids metropolitan area and is about north of Grand Rapids.
History
The area wa ...
. Timmerman and her 11-month-old daughter, Shannon, disappeared two days before Gabrion was set to stand trial on rape charges filed by Rachel the previous summer. Rachel's body was found in Oxford Lake, weighted down by cinder blocks. Shannon remains missing, but is presumed deceased.
Although Gabrion was not tried for killing Shannon, court documents describe her murder as “virtually undisputed.”
Gabrion is also the prime suspect in the disappearances and murders of several other people, including an additional witness who was set to testify against him in the trial for rape, his handyman, another potential witness and family friend and an unknown man. The bodies of these people, who were witnesses to his case, are yet to be found, but various items belonging to them were recovered from his home.
The case received national attention both for the brutality of the crime and for the controversial sentence. Michigan abolished the death penalty in 1846, but Timmerman's body was found within the
Huron–Manistee National Forests, a federal government-owned forest; the murder was therefore also a violation of U.S. federal law, which authorizes the death penalty irrespective of local state law.
Gabrion, who was tried in the
U.S. District Court for the Western District of Michigan, thus is the first person sentenced to death by a federal court located in a non-death penalty state since the federal death penalty was reinstated in 1988.
Early life
Gabrion is the fifth of six children in his family.
Gabrion's father was an alcoholic who reportedly abused him.
[ ] Gabrion's parents were often absent from the home, leaving his sisters to care for Gabrion and his brothers. Gabrion's sister Yvonne remembered when her mother threw a butcher knife at her father.
Rape
On August 7, 1996, Rachel Timmerman reported to
Newaygo County
Newaygo County ( ) is a county in the U.S. state of Michigan. As of the 2020 United States Census, the population was 49,978. The county seat is White Cloud. The county was created in 1840, and was organized in 1851. It was either named for an ...
Sheriff's department that she had been raped by Marvin Gabrion.
[ The previous evening, she had been invited to a card game by a family friend named Wayne Davis and a classmate of Rachel's named Mikey Gabrion. Davis and Mikey Gabrion arrived to pick up Timmerman along with Gabrion's uncle Marvin. On the way to the card game, Marvin Gabrion allegedly forced Davis and Mikey Gabrion out of the car before driving off and raping Rachel. Gabrion was arrested and charged with the crime.]
Disappearances
On June 3, 1997, two days before Gabrion's trial on the charge of rape, Timmerman left the house with her 11-month-old daughter Shannon, telling her family she was going on a date with a man she met at work. Her father soon received a letter stating that she planned to leave town and elope. The prosecutor and the judge presiding over the case also received letters in Timmerman's handwriting stating that the rape allegations were fabricated and that she wished to drop the charges against Gabrion.
Another letter identified the man she left with as "Delbert." Rachel's family believed the letters were legitimate, and her disappearance was not investigated at the time.
Investigation
On July 5, 1997, two fishermen found Rachel's body in Oxford Lake chained to cinder blocks
A concrete masonry unit (CMU) is a standard-size rectangular block used in building construction. CMUs are some of the most versatile building products available because of the wide variety of appearances that can be achieved using them.
Tho ...
and her face wrapped with duct tape
Duct tape (also called duck tape, from the cotton duck cloth it was originally made of) is cloth- or scrim-backed pressure-sensitive tape, often coated with polyethylene. There are a variety of constructions using different backings and adhesi ...
. According to the coroner
A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within th ...
, she was alive when she entered the lake and died from drowning
Drowning is a type of suffocation induced by the submersion of the mouth and nose in a liquid. Most instances of fatal drowning occur alone or in situations where others present are either unaware of the victim's situation or unable to offer a ...
.
Gabrion quickly became a prime suspect in her death. A search warrant was executed for his residence and keys that matched the padlock
Padlocks are portable locks with a shackle that may be passed through an opening (such as a chain link, or hasp staple) to prevent use, theft, vandalism or harm.
Naming and etymology
The term ''padlock'' is from the late fifteenth century. T ...
used to secure Rachel's body were found at Gabrion's home, along with concrete blocks stained with the same paint as the ones retrieved from the lake.[ Marvin's nephew, Mikey Gabrion, led police to a campsite that had frequently been used by his uncle. Gabrion's tent was found there, along with ]bolt cutters
A bolt cutter, sometimes called bolt cropper, is a tool used for cutting bolts, chains, padlocks, rebar and wire mesh. It typically has long handles and short blades, with compound hinges to maximize leverage and cutting force. A typical bolt c ...
, chain, duct tape, a woman's hair clip, and nipples for a baby bottle.[
Gabrion's neighbors reported that Gabrion had a ]handyman
A handyman, also known as a fixer, handyperson or handyworker, is a person skilled at a wide range of repairs, typically around the home. These tasks include trade skills, repair work, maintenance work, are both interior and exterior, and are so ...
named John Weeks. Investigators contacted Weeks' girlfriend, who identified a photo of Gabrion as a man introduced to her as "Lance". She reported that Lance had left the area with Weeks and she hadn't heard from him and was unsure of how to get hold of him. She also reported to police that on one occasion she caught John on the phone with a girl named Rachel. When she confronted him, she was told that he was trying to do a favor for Lance, who was interested in being set up with her. Authorities believe that Weeks was the mystery date who picked up Rachel and Shannon on the day they were last seen and that he arranged the date at the behest of Gabrion.[
The search for Gabrion lasted two months until they received a tip that Gabrion was set to receive a ]social security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
check from a post office in Sherman, New York
Sherman is a town in Chautauqua County, New York, United States. It is an interior town in the county, west of Chautauqua Lake. As of the 2020 census, the town population was 1,618. The town contains the village of Sherman.
History
The area wa ...
. FBI agents
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
covertly staked out the location and he was arrested as he left the post office.[
Timmerman's daughter, Shannon, has never been found.][ However, it is "virtually undisputed" that Gabrion caused her death.
]
Other disappearances
Gabrion is a suspect in the disappearance of several other people. Gabrion lived in a house owned by a man named Robert Allen, who went missing in 1995. Gabrion cashed Allen's Social Security checks and lived in his home until 1997. Gabrion was convicted
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...
of social security fraud in July 1998 for his use of Allen's checks and sentenced to five years in federal prison
A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law (U.S., Mexico), inmates considered dangerous (Brazil), or those s ...
.[
Wayne Davis, the family friend who invited Timmerman the night she was raped, disappeared in February 1997.][ Davis was set to ]testify
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
La ...
against Gabrion at the upcoming rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
trial. Davis' residence was largely undisturbed aside from a stolen stereo system. It was later discovered that Gabrion had attempted to pawn it.[ In July 2002, canoeists found Davis's body in Twinwood lake, another body of water in the same national forest where Rachel's body was found.]
John Weeks's whereabouts are also unknown. Gabrion was the last known person to see him alive in June 1997.
Weeks and Allen are presumed deceased
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
. Gabrion remains the prime suspect
''Prime Suspect'' is a British police procedural television drama series devised by Lynda La Plante. It stars Helen Mirren as Jane Tennison, one of the first female Detective Chief Inspectors in Greater London's Metropolitan Police Service, who ...
in the disappearances of the three men but has not been charged.
Trial
Gabrion was tried in 2002 for the murder of Rachel Timmerman. The prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
presented testimony from multiple witnesses
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
who described Gabrion's propensity for violence, including other physical and sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
s. Two witnesses testified that their homes had been set on fire following altercations with Gabrion. Another woman described how Gabrion trained a rifle on her and her two-year-old child. Evidence implicating Gabrion in the disappearances of Allen and the other men was also admitted.[
The trial was also noted for the judge's decision to deny the defendant's right to fire his counsel and defend himself in court due to Gabrion's erratic behavior and frequent disruption of court proceedings. In full view of the jury, Gabrion punched his defense attorney in the face and committed 40 major infractions. At the Calhoun County Jail,] Gabrion filed numerous bizarre motions using "abusive and obscene language."[ During his appeal, the appellate court affirmed that the District Court had every reason to deny Gabrion's right to represent himself, noting that his erratic and disruptive behavior would certainly have continued if he had the opportunity.][
The ]defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
countered that Gabrion's temperament
In psychology, temperament broadly refers to consistent individual differences in behavior that are biologically based and are relatively independent of learning, system of values and attitudes.
Some researchers point to association of temperam ...
and actions were the results of multiple car accidents that had resulted in brain injuries
Neurotrauma, brain damage or brain injury (BI) is the destruction or degeneration of brain cells. Brain injuries occur due to a wide range of internal and external factors. In general, brain damage refers to significant, undiscriminating t ...
as well as a troubled childhood.[ He was convicted and was sentenced to death.][
]
Death penalty debate
'' United States v. Gabrion'' is considered a landmark case for its use of the death penalty in a non-death penalty state. Capital punishment has been abolished in Michigan since 1846. Michigan was the first English-speaking jurisdiction to eliminate the death penalty. Federal jurisdiction allowed prosecutors to seek the death penalty in the case. Rachel's body was found on federal land
Federal lands are lands in the United States owned by the federal government. Pursuant to the Property Clause of the United States Constitution ( Article 4, section 3, clause 2), Congress has the power to retain, buy, sell, and regulate federal l ...
in Manistee National Forest
The Manistee National Forest is a national forest located in the Lower Peninsula of Michigan. It has a total area of . It was established in 1938, and combined with the Huron National Forest in 1945 for administrative purposes, creating the Huro ...
, allowing prosecutors to try Gabrion in federal court and seek the death penalty on federal charges. This sentence is not provided for under Michigan law. Gabrion was the first person in the United States to receive the death penalty for a crime committed in a non-death penalty state since the federal death penalty was reinstated in 1988, as well as the first person to be sentenced to death in the state of Michigan since 1937.
During the trial, Gabrion's defense argued that she might have been killed outside Manistee National Forest before being transported into the park to be disposed of. Therefore the murder occurred on state property instead of federal property. The jury found, beyond a reasonable doubt, that Gabrion killed Timmerman inside the national forest. In 2011, Gabrion appealed both the conviction and the sentence. The defense maintained that jurors should have been told that had Gabrion been tried in state court, he would not have faced the death penalty. In his appeal, Gabrion's defense argued that under the Eighth Amendment and the Federal Death Penalty Act, Gabrion was entitled to argue to the jury during the penalty phase of his trial that they should consider any "residual doubt" that he killed Timmerman inside the national forest. The conviction was upheld, but the sentence was overturned.[
In their decision, the court wrote,
]The case was not brought to serve a special national interest like treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
or terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
different from the normal state interest in punishing murder. The jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
should be allowed to consider whether one or more of them would choose a life sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
rather than the death penalty when the same jury considering the same defendant's proper punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
for the same crime but prosecuted in Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
state court could not impose the death penalty.
In 2013, the sentence appeal was overturned and the death penalty was reinstated. Gabrion is currently on death row at United States Penitentiary, Terre Haute
The United States Penitentiary, Terre Haute (USP Terre Haute) is a maximum-security United States federal prison for male inmates in Terre Haute, Indiana. It is part of the Federal Correctional Complex, Terre Haute (FCC Terre Haute) and is operat ...
.
Media coverage
The case garnered national attention and was featured on the Investigation Discovery
Investigation Discovery (stylized and branded on-air as ID since 2008) is an American multinational pay television network dedicated to true crime documentaries owned by Warner Bros. Discovery. As of February 2015, approximately 86 million Ameri ...
show ''FBI: Criminal Pursuit'' as well as ''Unsolved Mysteries
''Unsolved Mysteries'' is an American mystery documentary television show, created by John Cosgrove and Terry Dunn Meurer. Documenting cold cases and paranormal phenomena, it began as a series of seven specials, presented by Raymond Burr, Karl ...
''. Rachel's father and uncle published a book about the case called ''The Color of Night: A Young Mother, and a Cold-Blooded Killer''. The legal aspects of the death sentence in this case were described in the book ''Cause of Death: Forensic Files of a Medical Examiner'' as well as the law text book ''Psychiatry in Law''.
See also
* List of homicides in Michigan
This is a list of homicides in Michigan. This list includes notable homicides committed in the U.S. state of Michigan that have a Wikipedia article on the killing, the killer, or the victim. It is divided into three subject areas as follows:
# M ...
* Tony Chebatoris
Anthony "Tony" Chebatoris (May 10, 1898 – July 8, 1938) was a Russian-born bank robber and convicted murderer who is the only person to be executed in the U.S. state of Michigan since it gained statehood in 1837. Although Michigan abolis ...
* Capital punishment by the United States federal government
Capital punishment is a legal penalty under the criminal justice system of the United States federal government. It can be imposed for treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court ...
* Capital punishment in Michigan
Capital punishment in Michigan was legal from the founding of Sault Ste Marie in 1668 during the French colonial period, until abolition by the state legislature in 1846 (except nominally for treason). Michigan is one of three U.S. states (along w ...
* List of death row inmates in the United States
, there were 2,414 death row inmates in the United States. The number of death row inmates changes frequently with new convictions, appellate decisions overturning conviction or sentence alone, commutations, or deaths (through execution or otherw ...
References
External links
*
United States v. Gabrion
', 219 F.3d 511 (6th Cir. 2013)
*
{{DEFAULTSORT:Gabrion, Marvin
1953 births
1997 murders in the United States
American murderers of children
American people convicted of kidnapping
American people convicted of murder
American prisoners sentenced to death
American rapists
Capital punishment in Michigan
Criminals from Michigan
Infanticide
Living people
Prisoners sentenced to death by the United States federal government
People convicted of murder by the United States federal government
Suspected serial killers
21st-century American trials