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Troy Leon Gregg (April 29, 1948 – July 29, 1980) was the first condemned individual whose death sentence was upheld by the
United States 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 ...
after the Court's decision in ''
Furman v. Georgia ''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was 5–4 decision, with each memb ...
'' invalidated all previously enacted death penalty laws in the United States. He later participated in the first successful escape from a Georgia
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 ...
, but was killed later that night, aged 32. His own murder remains officially unsolved.


Biography

Gregg was convicted of murdering Fred Edward Simmons and Bob Durwood Moore in order to rob them. The victims had given him and another man, Dennis Weaver, a ride when they were
hitchhiking Hitchhiking (also known as thumbing, autostop or hitching) is a means of transportation that is gained by asking individuals, usually strangers, for a ride in their car or other vehicle. The ride is usually, but not always, free. Nomads hav ...
; Gregg admitted to shooting them, robbing them and stealing their car. The crime occurred on November 21, 1973. In ''
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 ...
'', the Supreme Court held by a 7–2 majority that the State of Georgia could constitutionally put Gregg to death; Georgia, in common with Texas and Florida, had instituted a death penalty statute requiring a separate bifurcated trial proceeding to determine punishment in a capital case after the establishment of guilt, establishing a list of
aggravating circumstances Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
that must be present to consider a death penalty, and providing for review by the State Supreme Court. It also allowed for consideration of
mitigating circumstances In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
; on the same day, the Court, whose primary concern was racial bias in sentencing, rejected the North Carolina and Louisiana death penalty statutes for failure to allow for mitigating circumstances to be considered in sentencing.


Prison escape and death

On July 28, 1980, Gregg escaped together with three other condemned murderers, Timothy McCorquodale, Johnny L. Johnson, and David Jarrell, from
Georgia State Prison Georgia State Prison was the main maximum-security facility in the US state of Georgia for the Georgia Department of Corrections. It was located in unincorporated Tattnall County. First opened in 1938, the prison housed some of the most dangero ...
in Reidsville in the first death row breakout in Georgia history. The four had altered their prison clothing to resemble the uniforms worn by correctional officers, then sawed through the bars of their cells and a window and walked along a ledge to a fire escape. They subsequently drove off in a car which had been left in the visitors' parking lot by one of the escapees' aunts. Their escape was not discovered until Gregg telephoned a newspaper to explain their reasons for doing so. It has been alleged that Gregg was beaten to death later that night in a biker bar in North Carolina, and that his body was found in a lake. Gregg had supposedly been drinking heavily and attempted to assault a waitress. She rebuked his advances and he became violent towards her. One of the local bikers present took offense to Gregg's actions and assaulted and killed him; he and several other locals then dumped the body in a lake located behind the bar. However, news reports from the time of the escape suggest that Gregg may actually have been murdered after getting into a fight with one of his fellow escapees, Timothy McCorquodale, and another man, James Cecil Horne, a member of the
Outlaws Motorcycle Club The Outlaws Motorcycle Club, incorporated as the American Outlaws Association or its acronym, A.O.A., is an outlaw motorcycle club that was formed in McCook, Illinois in 1935. It is one of the largest outlaw motorcycle clubs in the world and histo ...
. According to these reports, Gregg's body was discovered in the
Catawba River The Catawba River originates in Western North Carolina and flows into South Carolina, where it later becomes known as the Wateree River. The river is approximately 220 miles (350 km) long. It rises in the Appalachian Mountains and drains into ...
. According to Gregg's autopsy, he died due to
homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
by
suffocation Asphyxia or asphyxiation is a condition of deficient supply of oxygen to the body which arises from abnormal breathing. Asphyxia causes generalized hypoxia, which affects primarily the tissues and organs. There are many circumstances that can i ...
caused by swelling. Horne was initially charged with Gregg's
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 ...
. Another man, William Flamont, was charged with being an accessory to Gregg's murder after-the-fact. Both men's charges were later dropped by a judge due to lack of evidence. The other escapees were captured three days later hiding in a rundown house owned by William Flamont, another member of the Outlaws who was apparently friends with David Jarrell.


References


External links


Georgia Supreme Court opinion giving details of the case
{{DEFAULTSORT:Gregg, Troy 1953 births 1980 deaths American escapees American people convicted of murder American prisoners sentenced to death Deaths by beating in the United States Escapees from Georgia (U.S. state) detention People convicted of murder by Georgia (U.S. state) Prisoners sentenced to death by Georgia (U.S. state)