Georgia To Execute Man For Slayings Of Mother, Infant
- Category: State
- Published on Tuesday, January 31, 2012 17:39
ATLANTA - A Georgia prison inmate who has refused to
challenge his death sentence was set to be executed Tuesday for
leading a violent robbery that left a woman and her 3-year-old
daughter slain at their Paulding County home.
Nicholas Cody Tate was scheduled to be put to death by injection
at 7 p.m. in the state prison in Jackson for the murders of
Chrissie Williams and her daughter Katelyn.
His case presents a host of challenges to Georgia's legal system
because it has moved rapidly through the death penalty process.
That's because Tate has refused to challenge his conviction and
death sentence through habeas corpus appeals, a process that could
have postponed his execution for years.
Tate's attorneys last week abandoned an attempt to have the
condemned man's brother file an appeal on his behalf, and the
pardons board on Monday rejected his request for clemency. It's
unclear whether the lawyers will file the last-minute appeals to
state and federal courts that are typical in these cases.
The likeliest route for Tate to halt his execution is to file
the habeas appeal, and he has given no indication he will do so.
His current and former attorneys won't comment on why the
31-year-old won't let them file the appeals, but Tate's remarks at
a 2009 hearing reveal his some of his thoughts.
"You caught me red-handed," he said during the hearing, when
he waived his motion for a new trial. "None of my rights were
violated ... I choose to waive any and all future appeals."
Friends and family of the victims were hopeful the execution
would not be delayed.
"Justice needs to be served," said Kellie Young, Chrissie's
older sister.
Court records detail how Nicholas Tate and two of his younger
brothers, Dustin and Chad, purchased ammunition, duct tape and
knives at a sporting goods store in December 2001 and then sought
out Chrissie Williams' home because they believed she had a stash
of drugs and cash.
The men knocked on the door and when Katelyn answered, chaos
ensued. Tate ordered his brother Chad to silence the girl. Chad
Tate unsuccessfully tried to strangle her with a telephone cord,
and he then used Nicholas' knife to slit her throat. His other
brother, Dustin, fled the house in fear. Before leaving, Nicholas
Tate put a seat cushion over Chrissie's head and fired one shot
through the pillow to kill her.
The brothers fled to Mississippi, kidnapping a 23-year-old woman
from a gas station. They released her but kept the car as they sped
toward Oklahoma. There, the brothers contacted their parents in
Dallas, Ga. and soon negotiated their surrender to police.
Tate's two brothers were sentenced to life in prison for their
roles in the violence. But Nicholas Tate, who prosecutors said was
the ringleader, was sentenced to death after pleading guilty to
murder charges in November 2005.
He filed a motion for a new trial a year later, but in 2009 had
a change of heart. That's when he said he wanted to waive all
future appeals, and the judge accepted his request, finding him to
be coherent and articulate. Even so, his attorneys went ahead with
a direct appeal, and the Georgia Supreme Court rejected their
arguments.
Young said she and other relatives of the victims planned to
travel on Tuesday to the state prison in Jackson to be there when
Tate is executed.
"What they done was cruel. They went into her house, where she
thought she was safe, and took her and her child," she said.
"Only animals do that. What they did was devastating to her
family."
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