Murder Of Heather Rich
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The murder of Heather Rich was the 1996 child murder of a Waurika, Oklahoma 16-year-old by three local teenagers. After Rich's body was found, an investigation led to the trials and convictions of the three perpetrators. The murder and trials left a legacy of related events through 2011, and the imprisonment of the guilty through 2026 at the earliest. Saddled with a recent series of negative events in her life, high-school student Heather Rich began acting out by drinking alcohol at school, using illegal drugs, and inflicting
self-harm Self-harm is intentional behavior that is considered harmful to oneself. This is most commonly regarded as direct injury of one's own skin tissues usually without a suicidal intention. Other terms such as cutting, self-injury and self-mutilatio ...
. After a family argument, Rich left home before midnight on October 2, 1996, to meet local teen Joshua Bagwell for a first date. The undisciplined 17-year-old Bagwell came from a wealthy Waurikan family, and enjoyed the
social status Social status is the level of social value a person is considered to possess. More specifically, it refers to the relative level of respect, honour, assumed competence, and deference accorded to people, groups, and organizations in a society. Stat ...
his affluence afforded him. He was accompanied that night by Curtis Gambill, a 19-year-old high-school dropout, and 17-year-old Randy Wood, a future
homecoming king Homecoming is the tradition of welcoming back alumni or other former members of an organization to celebrate the organization's existence. It is a tradition in many high schools, colleges, and churches in the United States, Canada and Liberia. ...
. The three boys plied Rich with alcohol until she was intoxicated; then, after raping the insensate girl, drove her to a Montague County, Texas, bridge, shot her nine times, and dumped her body into the creek below. Rich's body was found and identified on October 10, and investigators from Montague County, Jefferson County, Oklahoma, the
Federal Bureau of Investigation 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 ...
, and the Texas Ranger Division worked together to find Rich's killers. In the two weeks after the body was found, law-enforcement uncovered forensic evidence tying Bagwell and Gambill to the murder weapon. After the arrest of all three on October 24, Gambill and Wood gave differing accounts of Heather's murder, while Bagwell exercised his right to silence. The Montague County
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
(DA) tried Gambill first; in exchange for admission to being the triggerman, and testimony against the well-defended Bagwell, the DA did not seek capital punishment. In the successive trial against Bagwell however, Gambill reneged on his plea deal and named Wood as the shooter. Wood then forsook his own plea agreement and testified against Bagwell, exposing himself to capital punishment to avoid tainting his testimony with the appearance of favorable treatment. Bagwell was found guilty, as was Wood when his own trial came around. Imprisoned in Texas, Gambill is eligible for parole in 2026, while Bagwell and Wood have until 2036 for the same opportunity.


Background


Heather Rich

Born on January 19, 1980, Heather Rose Rich was the third child of Gail and Duane Rich, who moved to Waurika, Oklahoma in 1974. The Riches chose Waurika for its insulating nature; it reminded them of their hometown of
Elgin, Oklahoma Elgin is a city in northeastern Comanche County, Oklahoma, Comanche County, Oklahoma, United States. The population was 2,156 at the 2010 census, a 78 percent increase from 1,210 at the 2000 census. It is included in the Lawton, Oklahoma Lawton met ...
—a "place where kids couldn't get into too much trouble because there wasn't much trouble to get into." Heather Rich however, pushed back against the monotony of Waurika, a town of 1,988 in 2000. At Waurika High School, Rich was a school cheerleader, the voted-for "sophomore-class favorite", a nominee for homecoming queen, and an honors student. Away from school, Rich and other Waurika youths would commonly spend their evenings and nights cruising Main Street, drinking alcohol, building
bonfire A bonfire is a large and controlled outdoor fire, used either for informal disposal of burnable waste material or as part of a celebration. Etymology The earliest recorded uses of the word date back to the late 15th century, with the Catho ...
s, and smoking—cigarettes, cannabis, and/or
methamphetamine Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamph ...
. One of Rich's close friends would later describe her as "very troubled" beneath her façade of ebullience, and Rich's mother would later lament not having the time to vet her daughter's friends. Rich was known to " njoythe attention of boys"; her mother would later quote her daughter, who liked to say, "If you’ve got it, flaunt it." Gail Rich opined that Heather was unaware of her effects on men, having seen adults in their forties flirt with the teenager. Rich's parents curtailed her dating prerogative, prompting the teen to complain about allegedly being the only virgin at her school. The summer before her
eighth grade Eighth grade (or grade eight in some regions) is the eighth post-kindergarten year of formal education in the US. The eighth grade is the ninth school year, the second, third, fourth, or final year of middle school, or the second and/or final ye ...
, Rich began
purging A purge is the forcible removal of undesirable people from political activity, etc. Purge or The Purge may also refer to: * Purge (occupied Japan), the forcible removal of undesirable Japanese from public service during occupation of Japan * G ...
because "boys liked her figure, and she was determined to stay a size 2." At home, Rich became "moody and withdrawn", and began cutting herself. When her father was almost killed on the job, her mother began working long hours to make up for the lost family income. As a result, the responsibility of caring for her father and accomplishing household chores largely fell to Rich.


Perpetrators


Josh Bagwell

Joshua Luke Bagwell was born on December 21, 1978, in Wichita County, Texas, to Twana Cherese Anderson and Rodney Joseph Schneider. At the time of Rich's murder, he lived with his wealthy grandparents in Waurika. The recipient of six new cars, Bagwell was variously described as "a snob" and pampered. Undisciplined at home, the teen was unreceptive to any discipline outside his home: once arrested for
driving under the influence Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
, Bagwell demanded his lawyer and
resisted arrest Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is crimi ...
. Both Wood and Rich were impressed by Bagwell's means, the latter such that she flirted with him until securing a spot in his white
Dodge Stealth Dodge is an American brand of automobiles and a division of Stellantis, based in Auburn Hills, Michigan. Dodge vehicles have historically included performance cars, and for much of its existence Dodge was Chrysler's mid-priced brand above Plym ...
for the Waurika homecoming parade. In October 1996, Bagwell was a
senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...
at Waurika High. In early 2002, he was described as blonde, tall, and weighing .


Curtis Gambill

On February 24, 1977, Curtis Allen Gambill was born in Montague County, Texas, to Shirley Gean Matthew and Valton Ellis Gambill Jr. At the time of Rich's murder, the high-school-dropout was living with his 64-year-old grandmother Reda Robbins in
Terral, Oklahoma Terral is an agricultural town in Jefferson County, Oklahoma, United States. The population was 382 at the 2010 census, a decline of 1.01 percent from the figure of 386 in 2000.
— downriver from Waurika. The great-grandson of Kate Rich (murdered locally in 1982 by
Henry Lee Lucas Henry Lee Lucas (August 23, 1936 – March 12, 2001) was an American convicted serial killer. Lucas was convicted of murdering his mother in 1960 and two others in 1983. He rose to infamy while incarcerated for these crimes when he falsely c ...
), Gambill was described as having "a mean streak He was always raising Cain, and everyone knew to steer clear of him." In 2002, Gambill was described by law-enforcement as "the most violent person I’ve ever known, When you’re around him, you literally feel like you’re in the presence of evil." At school, Gambill forced other boys to fight each other; in the community, it was believed that he killed livestock "for sport". Gambill escaped every youth detention center in which he was incarcerated, was briefly committed to a psychiatric hospital at seventeen, and was convicted of " feloniously carrying a firearm" on February 13, 1996 (receiving a five-year
suspended sentence A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that ...
). In early 2002, he was described as blonde, tall, and weighing . Gambill was friends with Bagwell though their shared interests in guns, camping, fishing, and "hanging out along the river"; Gambill and Wood were acquaintances having spent one summer working in watermelon fields. In the lead-up to Rich's disappearance, Gambill was described by his grandmother as "brooding" over the suicide of his best friend, Dennis Wayne Goss. Robbins later said that Gambill "had made some strange remarks to her about his late friend: Dennis Wayne hadn’t killed himself; he had been murdered, and Curtis intended to find out who did it." When Robbins told Gambill about the recovery of Rich's body, Gambill said, "Grandma, I don't give a about that little girl."


Randy Wood

Born on July 7, 1979, Randy Lee Wood and his mother spent his childhood
relocating Relocation, also known as moving, or moving house, is the process of leaving one's dwelling and settling in another. The new location can be in the same neighborhood or a much farther place in a different city or different country (immigration). ...
throughout
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
; in his fifth-grade year, Wood attended three different schools. In 1996, Wood lived with his single-parent mother as one of the poorest families in Waurika; their
poverty Poverty is the state of having few material possessions or little income. Poverty can have diverse social, economic, and political causes and effects. When evaluating poverty in ...
was evident to other Waurikans as their frame house was dotted with broken windows. Wood began smoking cannabis in the third grade, stealing the psychotropic from his mother. Despite these disadvantages, Wood endeavored to better. In the community, other Waurikans liked him as the "soft-spoken, well-mannered teenager" who wore Oxford shirts and khakis, and walked the to school. There, he was respected by his players as captain of the Waurika High
football Football is a family of team sports that involve, to varying degrees, kicking a ball to score a goal. Unqualified, the word ''football'' normally means the form of football that is the most popular where the word is used. Sports commonly c ...
team. In 1996, Wood was regarded as a "big, dumb kid", "a little slow", and adored around town. Rich's mother opined that it was Wood's " underdog" status that drew her teenager to the other. Rich and Wood were a couple for five months, during which time they attended church and would simply "talk for hours on end". Wood would drive Rich around in his grandmother's Cadillac Fleetwood, once allowing Rich to take the wheel while taking her to an
orthodontics Orthodontics is a dentistry specialty that addresses the diagnosis, prevention, management, and correction of mal-positioned teeth and jaws, and misaligned bite patterns. It may also address the modification of facial growth, known as dentofacial ...
appointment in Duncan, Oklahoma. Though in an intimate relationship, the two never had
sexual intercourse Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetrat ...
, and were frequently mistaken as just friends. Wood resented Rich flirting with others, and later admitted that "I knew her but not like I wanted to, not like I should have." The night after Rich's body was found, Wood was crowned
homecoming king Homecoming is the tradition of welcoming back alumni or other former members of an organization to celebrate the organization's existence. It is a tradition in many high schools, colleges, and churches in the United States, Canada and Liberia. ...
by Waurika High School. Prior to his involvement in the killing of Heather Rich, Wood had no history of trouble with the law.


Antecedents

In the autumn of 1996, Rich began acting increasingly abnormal. A few weeks into the 1996–1997
academic year An academic year or school year is a period of time which schools, colleges and universities use to measure a quantity of study. School holiday School holidays (also referred to as vacations, breaks, and recess) are the periods during which sch ...
, Rich's boyfriend, eventual perpetrator Randy Wood, ended their relationship due to the rumor of Rich
skinny-dipping Nude swimming is the practice of swimming without clothing, whether in natural bodies of water or in swimming pools. A colloquial term for nude swimming is '' skinny-dipping''. In both British and American English, to swim means "to move throu ...
at a co-ed party; Pamela Colloff with '' Texas Monthly'' described this dissolution as having "deeply rattled" Rich. Soon thereafter, Rich began using methamphetamine. Then, less than a week after her
breakup A relationship breakup, breakup, or break-up is the termination of a relationship. The act is commonly termed "dumping omeone in slang when it is initiated by one partner. The term is less likely to be applied to a married couple, where a brea ...
, an acquaintance of Rich, Wood, Bagwell, and Gambill—twenty-year-old Dennis Wayne Goss—committed suicide by gun. Rich's mother described her daughter during this time as having "a brightness, a glitteryness, about her eyes". At the Friday, September 27 football game, Rich led school cheers while drunk, and received a three-day school suspension and consideration for being dropped from the school cheerleading program.  Concerned for their daughter, Rich's parents scheduled her for an October 3 therapy appointment, later saying, "We wanted to get her help and figure out why she wanted to hurt herself." On October 2, over an un-affordable long-distance phone bill, Rich's mother snapped at the teen, declaring "All you ever do is cost me money". Rich later wished her father good-night, ignoring her mother. Then, before midnight, Rich discreetly left via her bedroom window to meet Josh Bagwell for their first date.


Search and discovery

The morning of October 3, the Jefferson County Sheriff's Department wouldn't accept a
missing-person A missing person is a person who has disappeared and whose status as alive or dead cannot be confirmed as their location and condition are unknown. A person may go missing through a voluntary disappearance, or else due to an accident, crime, de ...
report, telling Rich's parents that she had probably only
run away Runaway, Runaways or Run Away may refer to: Engineering * Runaway reaction, a chemical reaction releasing more heat than what can be removed and becoming uncontrollable * Thermal runaway, self-increase of the reaction rate of an exothermic proce ...
temporarily. Gail Rich didn't accept that theory because her daughter's possessions were left behind. Instead, the mother-of-four canvassed Waurika, making inquiries about her daughter's whereabouts. That same day, she was given the Waurika High School list of absentees; Randy Wood and Joshua Bagwell were both listed. When Rich reached out to Wood about Heather, he replied flatly that he had not seen her, saying he had been "with Josh Bagwell all night, till six this morning." Absent due to a three-day suspension, when questioned by Rich's family, Bagwell shrugged and said he hadn't seen her for a week. In the following days, Gail and Duane Rich both hired a private investigator and made use of bloodhounds to search the woodlands around Waurika. The evening of October 9, 1996, a Texas rancher and his granddaughter came across Rich's body floating in Belknap Creek, a Texas-side,
backwater Backwater or Backwaters may refer to: Music * ''Backwaters'' (album), a 1982 album by American guitarist Tony Rice * Backwater (band), a jazz fusion band from Mobile, Alabama, or this band's 1976 debut album * "Backwater", a song by Brian Eno fro ...
stream A stream is a continuous body of water, body of surface water Current (stream), flowing within the stream bed, bed and bank (geography), banks of a channel (geography), channel. Depending on its location or certain characteristics, a stream ...
of the
Red River of the South The Red River, or sometimes the Red River of the South, is a major river in the Southern United States. It was named for its reddish water color from passing through red-bed country in its watershed. It is one of several rivers with that name ...
. Without his glasses, the rancher assumed they had come across a drowned calf from upstream, so he shot the body twice with his .22-caliber rifle to sink it. He realized his mistake the next morning when Rich's body was still afloat in the creek. Law-enforcement determined she was thrown from a nearby concrete bridge, where dirt had been used to obscure her blood. Rich's face was unrecognizable due to the gunshot wound to the back of her head; she was identified within a few hours only by her gold-and-diamond signet ring—a gift for her sixteenth birthday. The teenager had been shot nine times (once to the head, eight times to the back) with a
shotgun A shotgun (also known as a scattergun, or historically as a fowling piece) is a long gun, long-barreled firearm designed to shoot a straight-walled cartridge (firearms), cartridge known as a shotshell, which usually discharges numerous small p ...
; her body was so disfigured that her family wasn't allowed to see it, and photos of the
autopsy An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any di ...
"would later make
jurors A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England duri ...
recoil."


Funeral

Rich's funeral was on October 14 at the Praise Assembly of God Church in Comanche, Oklahoma. Because Rich's family suspected the perpetrator was not a stranger, nobody was allowed to touch her casket so that, as her mother promised, "whoever did this to her would never touch her again". Heather Rich was buried in Fletcher, Oklahoma.


Investigation

Investigators from Montague County, Texas were joined by those from Jefferson County, Oklahoma, the
Federal Bureau of Investigation 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 ...
, and the Texas Ranger Division; Sheriff Chris Hamilton from Montague County was one of twenty state- and federal-level investigators working from the Waurika train depot to solve Rich's murder. These investigators interviewed over 100 people in the days after Rich's body was found, but had made little progress after a week. Of local teenagers' refusal to speak with police and investigators, Sheriff Hamilton noted that, " ere was a party culture up there, and kids didn’t want to snitch. There was a
code of honor A code of honor or honor code is generally a set of rules or ideals or a mode or way of behaving regarding honor that is socially, institutionally, culturally, and/or individually or personally imposed, reinforced, followed, and/or respected by cer ...
, an us-against-the-police kind of attitude." Many tips concerned the Waurika
drug culture Drug cultures are examples of countercultures that are primarily defined by spiritual, medical, and recreational drug use. They may be focused on a single drug, or endorse polydrug use. They sometimes eagerly or reluctantly initiate newcomers, ...
, and one credible lead said that Rich snuck away from home to attend a party at the home of Josh Bagwell, though Bagwell, Wood, and Gambill all denied seeing her there. After the investigation took a wrong turn towards a methamphetamine dealer whose alibi proved truthful, Lane Akin with the Texas Ranger Division focused on the lead claiming that Rich left home on the night of October 2 to attend Josh Bagwell's party. Though the three boys claimed they had not seen Rich while playing dominoes and drinking whisky all night at Josh's, Akin believed that Wood's then-current behavior was indicative of something more, or something else: the Waurika High homecoming king was intoxicated most of the time, and in a newspaper interview, gave cryptic responses that fueled Akin's suspicions. Forensic tests determined that the buckshot and wadding in Rich's body was "consistent with 00 Winchester ammunition, and that the likely murder weapon was an Mossberg M-9 shotgun." Investigators also learned that, with permission from Bagwell's mother on October 1, Carolyn Beaver sold Bagwell and Gambill four boxes of the same ammunition from Beaver Hardware in Waurika, and that Gambill owned a Mossberg M-9. Paul Smith was an investigator with the Montague County district attorney's office, and having previously investigated Gambill's great-grandmother's murder, Smith intuited that he and Akin should interview Reda Robbins, who had previously been uncooperative with investigators. Set at ease by Smith, Robbins would tell the men about "Old Blackie", Gambill's O.F. Mossberg & Sons 12- gauge shotgun, a firearm that would later be identified as the murder weapon.


Interrogations

Bagwell, Gambill, and Wood were arrested in the late hours of October 24, 1996, and formally charged with first-degree murder in Montague County, Texas on October 25.


Bagwell's arrest

Akin served the
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a j ...
on Bagwell, finding the teen at home amongst two swords, two assault rifles (one a
bayonet A bayonet (from French ) is a knife, dagger, sword, or spike-shaped weapon designed to fit on the end of the muzzle of a rifle, musket or similar firearm, allowing it to be used as a spear-like weapon.Brayley, Martin, ''Bayonets: An Illustr ...
ed
SKS The SKS (russian: Самозарядный карабин системы Симонова, Samozaryadny Karabin sistemy Simonova, 1945, self-loading carbine of (the) Simonov system, 1945) is a semi-automatic rifle designed by Soviet small arms ...
), and a book on
bomb A bomb is an explosive weapon that uses the Exothermic process, exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-t ...
making. When the Ranger suggested Rich's murder had caused the teen insomnia, Bagwell replied that, "You just woke me up, Did it look like I was having trouble sleeping?" Of the three murder suspects, only Josh Bagwell exercised his right to silence and provided no statement to police, nor did he submit himself to a polygraph. Before being tried for Rich's murder, Bagwell bragged to friends "that there wasn’t enough evidence to try him."


Gambill's version of events

When questioned on October 24 about the shotgun and ammunition, Gambill said they were for hunting, and that he could prove so. However, after leading the
Federal Bureau of Investigation 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 ...
on a wild-goose chase through pastures looking for spent hulls, Gambill conceded the possibility that he was involved in Rich's murder. When Curtis Gambill was questioned, Ranger Akin would later say that the teen "was extremely cooperative and seemed to be enjoying the attention." Gambill professed he didn't previously know Rich; he told Akin that she had snuck out of her house for her date with Josh Bagwell. Bagwell plied Rich with alcohol until she was intoxicated, and the two
had sex Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetra ...
"for a couple of hours". Gambill said that after Rich began drunkenly flirting with Wood and himself, they were going to " get a piece, but she passed out." According to Gambill, after Rich momentarily regained consciousness, began crying and screaming, and then passed out again, it was Bagwell and Wood who began to panic about having just committed rape and
attempted 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 agai ...
(respectively). Wood allegedly carried the unconscious Rich to Bagwell's pickup truck, shot her after arriving at the Belknap Creek bridge, and then instigated the disposal of her body into the Belknap Creek saying, "Throw her ass over." Gambill described Wood's motive as sexual jealousy after Rich had sex with Bagwell. Akin believed most of what Gambill claimed, while suspecting the teen himself was the one to shoot Heather; the Montague County, Texas district attorney on the other hand "never gave any credence to Curtis's account". Both men cited Wood's clean record, Gambill's ownership of the murder weapon, and the Montague-County crime scene's location being known only to Gambill. When polygraph-tested on his statement, Gambill failed.


Wood's version of events

Wood was
interrogated Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful informa ...
after Gambill implicated him as the shooter. Much of Wood's statement to Sheriff Hamilton matched what Gambill said. Wood added that Gambill raped Rich while she was incapacitated, but claimed that though he was partially undressed at the time, Wood himself did not. Wood also admitted to dressing the unconscious Rich. Picking up the story at the bridge, Wood claimed that after Rich was sat upon the roadway, he climbed back into the truck and covered his face with his hands. Bagwell and Gambill were still outside the truck when Wood heard the gunshots; "After the shots stopped, I looked up and Curtis had the shotgun." Upon further questioning, Wood conceded that he had digitally penetrated the unconscious Rich—an act of rape. Wood's description of events passed the polygraph.


Trials


Gambill

Represented by Wichita Falls, Texas, attorney Bruce Martin, Gambill's trial began on October 2, 1997, in Fort Worth, Texas, after a change of venue from Montague County, Texas. The first to be tried for the murder of Heather Rich, Gambill benefited from the courtroom tactics of the Montague County district attorney, Tim Cole. Seeing Gambill's conviction as a surer gamble than Bagwell's, and with the approval of Rich's family, Cole offered to eschew capital punishment for Gambill in exchange for a guilty plea and testimony against Josh Bagwell. The deal was struck, and Gambill plead guilty to murder. During the trial, Gambill had to be restrained by nine men when the teen overpowered a court
bailiff A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
. According to the Texas Department of Criminal Justice, Gambill was convicted on October 15, 1997, sentenced to
life imprisonment 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 ...
, and will become eligible for parole on October 31, 2026.


Bagwell

While
remanded Remand may refer to: * Remand (court procedure), when an appellate court sends a case back to the trial court or lower appellate court * Pre-trial detention, detention of a suspect prior to a trial, conviction, or sentencing See also *'' Remando ...
, Joshua Bagwell received white-supremacy
prison tattoos Prison tattooing is the practice of creating and displaying tattoos in a prison environment. Present-day American and Russian prisoners may convey gang membership, code, or hidden meanings for origin or criminal deeds. Lack of proper equipment ...
, attempted
escape Escape or Escaping may refer to: Computing * Escape character, in computing and telecommunication, a character which signifies that what follows takes an alternative interpretation ** Escape sequence, a series of characters used to trigger some so ...
, attempted to instigate a prison riot, threatened to murder prison officers, and attacked a police officer. Bagwell's family wealth afforded him expensive, private criminal defense lawyers for his trial: Oklahoman attorneys John Zelbst and Barry Cousins, and a former Montague County district attorney, Jack McGaughey. A change of venue having been denied by District Judge Roger Towery,
jury selection Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. ...
began on February 3, 1998, in the county courthouse in Montague, Texas (population 300). Bagwell's attorneys took the tack of highlighting Rich's own apparent failings so as to paint the picture that Bagwell 'couldn't rape the willing'. A one-time publisher of the ''Waurika News-Democrat'' described the defense as " akingher look like the Whore of Babylon"; Gail Rich herself was
cross-examined In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and m ...
, requiring her to acknowledge her daughter's smoking,
bulemia Bulimia nervosa, also known as simply bulimia, is an eating disorder characterized by binge eating followed by purging or fasting, and excessive concern with body shape and weight. The aim of this activity is to expel the body of calories eaten ...
, and recreational cannabis use, summing it up by asking Mrs. Rich, "She was your perfect child, but she wasn't quite perfect, right?" District Attorney Cole was already worried about the Bagwell trial when both Gambill and Wood reneged on their plea bargains. However, while Gambill was returning to his original claims of Wood being Rich's murderer, Wood was forfeiting only the benefits of his plea deal so as to make assurances that his testimony against Bagwell would not be seen as reciprocation. On February 10, 1998, against counsel's recommendation, Wood incriminated himself, setting aside a guaranteed 40-year imprisonment (with the possibility of parole after 30) in exchange for the possibility of capital punishment, all to strengthen his testimony against Bagwell; Wood said, "I wanted everyone to know I was telling the truth, I owed that to Heather and her family." Testifying for the prosecution, Wood said that not only was Bagwell fully aware of the plan to murder Rich, he also carried her to the bridge, weighed down her body, and helped toss it into the creek. Zelbst's cross-examination was described as relentless in his attempts to portray Wood as "a lying, scheming, drug-abusing, jealous killer who was angry at Heather
ich Ich may refer to: * Ich, a German pronoun meaning ''I'', also a Middle English form of ''I'' * The ego, one of the psychic apparatus defined in Sigmund Freud's structural model of the psyche * ''Ich'' (album), an album by German rapper Sido * I ...
for having sex with his drinking buddies, then rejecting him by screaming in her sleep when he fondled her." Zelbst succeeded in having Wood acknowledge that Bagwell did not explicitly agree to kill Rich, nor did he carry Rich that night. DA Cole conducted redirect examination on Wood, and brought out "the legally-significant facts" of Bagwell's awareness of Gambill's intent to kill, and Bagwell's assistance in disposing of the body and obscuring Rich's blood on the bridge. The final witness for February 10 was a military policeman who guarded Gambill during the teen's 1992 tenure in an Oklahoman youth detention center. In the prosecution's effort to refute Bagwell's claim that Wood was the shooter, testimony was heard that during his time so incarcerated, Gambill allegedly claimed "that his 'ultimate fantasy' was to commit a crime that would shock the nation. His fantasy, the witness said, was to kidnap and rape a beautiful young girl, then 'blow her head off. Bagwell climbed the witness stand on February 11. Described as seemingly reading from a script, Bagwell refuted Wood's testimony. According to Bagwell, it was Wood who unexpectedly killed Rich, yet while Bagwell was recalling the early hours of October 3, 1996, in the first-person present-tense, a speech error (his only) slipped in: "I see Curtis—or, I mean, excuse me—I see Randy lowering the gun." After more than seven hours of
jury deliberation Deliberation is a process of thoughtfully weighing options, usually prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue. Group decisions are generally made after deliberatio ...
on February 17, 1998, Bagwell was found guilty of
capital murder Capital murder was a statutory offence of aggravated murder in Great Britain, and Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. In som ...
and conspiracy to commit capital murder. Capital murder earned Bagwell an automatic sentence of
life imprisonment 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 ...
; for the conspiracy charge, his jury deliberated for three hours before recommending a concurrent 99-year sentence because of the crime's brutality. A
fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offe ...
of was also imposed with the conspiracy conviction. Bagwell's mother believed Wood had received a "secret deal", furiously accused DA Cole of prosecutorial misconduct, and blamed the jury for "not following the judge's instructions." Zelbst said he would appeal the jury's decision and request a
new trial A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
.


Wood

As reported in '' The Victoria Advocate'', Wood's original trial was scheduled to begin in May 1998, but because his trial drew significant national media attention, it was postponed until that autumn. Among the media to descend upon Waurika, Oklahoma and nearby Montague, Texas were numerous television personalities and interviewers, Mike Cochran with the Associated Press, and ABC's ''Primetime Live''. Bagwell's mother joined her son at his jail for a televised interview—now alleging that her 19-year-old was the victim of a frameup; Randy Wood reiterated his previous testimony on national television; and Gail Rich forewent paid interview offers after "''Primetime Live'' producers convinced her they would not sensationalize the story." Wood declined another plea deal, refusing to say that he had murdered Rich. District Attorney Cole prosecuted Wood for, and secured a conviction of, capital murder. Found guilty on August 25, 1998, Wood was automatically sentenced to life imprisonment on August 27; he will become eligible for parole on November 20, 2036. Wood intended to appeal his conviction, telling the '' Times Record News'' that "You can look it up in the dictionary, and 'murder' says to take someone's life, and I didn't do that". Cole and Rich's mother both regret that Wood received such a long sentence, describing him as "the teenager who, late in the game, found the strength of character to own up to his crime and paid for it dearly."


Repercussive events


Further litigation


Wrongful death

In 1998, Rich's father filed a wrongful death lawsuit against Carolyn Beaver and the hardware store, alleging that she "negligently delivered and/or sold the ammunition to Bagwell and/or Gambill and that Beaver's negligence was the proximate cause of Heather Rich's death." The
United States District Court for the Western District of Oklahoma The United States District Court for the Western District of Oklahoma (in case citations, W.D. Okla. or W.D. Ok.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which ...
denied Rich's motion for
partial summary judgment In law, a summary judgment (also judgment as a matter of law or summary disposition) is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may ...
on May 13, 1999, saying that Okla. Stat. tit. 21, § 1272 did not define the shotgun ammunition as an offensive weapon, and that Beaver therefore did not violate § 1273 by selling it to Bagwell. Eight days later, the same court granted Beaver's motion for summary judgment, finding that "that there was no evidence that Beaver should have foreseen that Bagwell and Gambill would use the ammunition to murder Heather Rich and that the criminal act of murder was the supervening cause of Heather Rich's death." Rich appealed to the United States Court of Appeals for the Tenth Circuit, which concurred with the district court, affirming the lower court's summary judgment on May 3, 2000.


Wood's appeal

Wood filed an appeal with the Second Court of Appeals of Texas (''Randy Lee WOOD, Appellant, v. The STATE of Texas, State''), contending that his trial attorney was ineffective, both failing to "request an instruction on the lesser-included offense of murder", and failing to notice that "the trial court's application paragraph at the guilt-innocence phase of trial was erroneous". On October 14, 1999, the state overruled each of Wood's points and re-affirmed the trial's conclusion.


Bagwell's appeals

On November 22, 2000, an appeal was filed with the Second Court of Appeals of Texas on behalf of Joshua Luke Bagwell. The appeal (a petition for writ of '' habeas corpus'') argued that because Heather Rich was unconscious when taken to Belknap Creek, she could not move, and if unable to move, she therefore had no movements to restrain, and restraint of the victim is an integral component of
kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
. Therefore, because the
Texas Penal Code The Texas Penal Code is the principal criminal code of the U.S. state of Texas. It was originally enacted in 1856 and underwent substantial revision in 1973, with the passage of the Revised Penal Code, in large part based on the American Law Insti ...
defines capital murder as "a level of murder that requires a kidnapping component", Bagwell could not be guilty of the level of murder for which he was convicted. The appeal blamed Bagwell's 1998 lawyers for failing to demonstrate this incongruity before the court, and therefore the imprisonment was a rights violation. The appeal was rejected on January 31, 2001. On April 14, 2006, Bagwell's lawyers elevated their appeal to the
United States District Court for the Northern District of Texas The United States District Court for the Northern District of Texas (in case citations, N.D. Tex.) is a United States district court. Its first judge, Andrew Phelps McCormick, was appointed to the court on April 10, 1879. The court convenes in D ...
. The following day, a United States magistrate judge acknowledged that though Bagwell was a "cretin", the petition had merit and would be considered by the federal court. In an interview with the ''
Duncan Banner ''The Duncan Banner'' " Stephens County's Only Daily Newspaper", is a three-day-a-week newspaper published in Duncan, Oklahoma, United States. Founded by James P. Sampson in 1892, ''The Duncan Banner'' is the oldest business in Duncan still ope ...
'', and in his assurances to Montague County residents, the county district attorney said that "no matter what happens next, Mr. Bagwell is not going to be getting out of prison". To bolster his statement, the DA explained that he had never filed Bagwell's indictment for escaping custody in 2002, "which could be done if necessary".


Gambill's conspiracy trial

In January 2002, Curtis Gambill and Josh Bagwell were transferred from state prison to the Montague County jail so that Gambill could be tried for conspiracy to commit murder. On January 16, Gambill was convicted and sentenced to a second, cumulative,
life imprisonment 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 ...
.


Escape

After already failing to escape jail once, Gambill told Cynthia McFadden in a 1998 interview that he would continue to try until he escaped: "Yes, this is nothing … because I'm mentally strong, know what I'm saying? Can't keep me here forever." In the late hours of January 28, 2002, Josh Bagwell, Curtis Gambill, and two other inmates (Charles Wilson Jordan and Chrystal Gale Soto) overpowered two jailers and escaped the uncertified Montague County, Texas jail in one jailer's 2001 Geo Chevrolet Tracker. The four killers eluded hundreds of Texan, Oklahoman, and federal law-enforcement officers for nine days before being caught at an
Ardmore, Oklahoma Ardmore is the county seat of Carter County, Oklahoma, United States. According to the 2010 census, the city had a population of 24,283, with an estimated population of 24,698 in 2019. The Ardmore micropolitan statistical area had an estimated ...
, filling station on February 7. Jordan and Soto were captured outside the store without incident. Bagwell and Gambill held officers at bay for six hours by holding the 70-year-old owner hostage with a stolen .22-caliber firearm. Both surrendered at after negotiating with
Federal Bureau of Investigation 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 ...
agents. After their capture, both men were held in the Carter County, Oklahoma, jail. On August 15, Carter County prosecutors dismissed the charges against Bagwell and Gambill , conspiracy to commit first-degree
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 ...
, felonious possession of a firearm, unauthorized use of a motor vehicle and being a fugitive from without prejudice, citing the complicated process of extradition to
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
for trial. In February 2002, Bagwell's mother (Twana "Cherese" Smith) sought out Joshua Gambill's brother (Rick Gambill) to assist her in helping the two felons escape again. After the former
Lawton, Oklahoma Lawton is a city in and the county seat of Comanche County, in the U.S. state of Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Ce ...
city attorney asked Rick Gambill for "firearms, cell phones and maps to help the two felons after their planned escape" from the Carter County jail, Rick Gambill went to and cooperated with the police to collect evidence. Police stymied Smith's attempt—in her capacity as Bagwell's attorney—to smuggle hacksaw blades, hidden inside two bibles, to Bagwell and Gambill. While still under
police surveillance Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as ...
, Smith left the jail, bought more blades at a Wal-Mart, wrapped them in a balloon, and successfully snuck them past prison officers who believe she hid them inside "a body cavity". Smith was arrested in
Terral, Oklahoma Terral is an agricultural town in Jefferson County, Oklahoma, United States. The population was 382 at the 2010 census, a decline of 1.01 percent from the figure of 386 in 2000.
, on February 27, 2002, and on February 28, she was charged with "conspiring to commit a felony and use of a firearm during the commission of a felony"; bail was set at . On August 16, Smith plead guilty to conspiracy to assist in an escape and conspiracy to commit a felony with a firearm; she was sentenced to 20 years in prison, with twelve deferred.


Goss investigation

A week before Rich's murder, Goss—a good friend of Gambill's—died from apparent suicide by gun. In the early 2000s, the Jefferson County, Oklahoma then-sheriff, Stan Barnes, reopened the Goss case. Barnes' reasons included a mismatch of the found shell casing and wadding, as well as Goss having told his father in 1996 that "he feared for his life." Barnes and much of Waurika, Oklahoma believed that there was a connection between the two deaths, and that Rich may have been a witness. The Oklahoma Office of the Chief Medical Examiner later changed Goss' official cause of death from suicide to "unknown".


Commutation for Wood

Denise Horner, a cousin of Randy Wood, began a campaign in the late 2000s for a
commutation Commute, commutation or commutative may refer to: * Commuting, the process of travelling between a place of residence and a place of work Mathematics * Commutative property, a property of a mathematical operation whose result is insensitive to th ...
of his sentence. An unlikely goal at best, not least because , then- Texas Governor
Rick Perry James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 and as the 47th governor of Texas from 2000 to 2015. Perry also ran unsuccessfully for the Republica ...
had only commuted one capital murder sentence in his over-thirteen years in office. Furthermore, before any commutation request could even be sent to
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
for consideration, two of three current elected officials in Montague County, Texas ("the sitting DA, the district judge, and the sheriff") would need to approve the effort, as would the Texas Board of Pardons and Paroles. Regretful that he hadn't instead tried Wood for the lesser charge of conspiracy to commit capital murder in 1998, Tim Cole agreed to help Horner. An acquaintance of the new Montague County district attorney, Jack McGaughey, when Cole approached the man in 2010, he was reluctant to consider the proposal. McGaughey expressed the same feelings to Horner in 2011, and followed up with her lawyer, writing, "I am unwilling to recommend this, After consultation with the Sheriff and District Judge, it is my understanding from them that they are also unwilling to recommend a reduction of sentence."


Statuses of the involved

Rich's father, Lloyd Duane Rich, remarried in 2001 (to Connie Russi ), and died on September 11, 2014, at age 63. Gail Rich (), remarried in 2000 (to Jim Fulton), and died of a brain tumor on January 10, 2015, at the age of 60. Tim Cole resigned from the district attorney's office in 2006, following his arrest for
driving under the influence Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
that incurred a one-year deferred sentence, three days of community service, and a fine of ; , Cole was an assistant professor of law at the University of North Texas at Dallas College of Law. In October 2016, Wood married Larissa Huia, an Auckland woman who first saw Wood on a television documentary in 2014. "Horrified" by Wood's lengthy sentence, Huia was driven to "write to him and tell him there's one person in the world that doesn't think he's a bad person." By August 2018, Wood's wife was lobbying to overturn state laws that allowed minors to be
tried as an adult Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereby they may receive a longer or more serious sentence than would otherwise be possible if they were charged as a juvenile. While there are spec ...
. She told ''Stuff'', "Although my motivation is Randy ood this is not about one person. This is about as many as 1700 inmates in Texas who were incarcerated as juveniles to prison terms NZ would never see, even for adults." , all three murderers were incarcerated in Texas: Joshua Luke Bagwell was imprisoned at the Coffield Unit in Tennessee Colony, and will become eligible for parole on November 28, 2036 (); Curtis Allen Gambill was at the
Wynne Unit The John M. Wynne Unit (WY) is a men's prison of the Texas Department of Criminal Justice,Wynne Unit< ...
in Huntsville, eligible for parole on October 31, 2026 (); and Randy Lee Wood was at the
James V. Allred Unit The James V. Allred Unit''Texas Department of Criminal Justice''. Turner Publishing Company, 200450 , . is a prison for males located on Farm to Market Road 369 in Wichita Falls, Texas, United States, northwest of downtown Wichita Falls.
in Iowa Park, parole-eligible on November 20, 2036 ().


See also

* * * * * *


References


Further reading

* *


External links

* * {{DEFAULTSORT:Rich, Heather 1990s missing person cases 1996 in Oklahoma 1996 in Texas 1996 murders in the United States child murder deaths by firearm in Texas deaths by person in Texas history of women in Texas incidents of violence against girls Jefferson County, Oklahoma Montague County, Texas murder committed by minors murder in Texas October 1996 crimes October 1996 events in the United States rapes in the United States violence against women in the United States