1182, 89 L.Ed.2d 299 (1986).2. All records are subject to change and, while every effort is made to ensure the information available is current and accurate, it may contain errors. John Lyons asked the Tisons and Greenawalt to "[g]ive us some water . Greenawalt and Ricky and Raymond Tison were taken into custody. Id., at 796-797, n. 22, 102 S.Ct., at 3376-3377, n. 22.15. The court then reviewed, in a passage this Court quotes at length, ante, at 144-145, petitioners' conduct during the escape and subsequent flight. App. Physical evidence suggested that Theresa Tyson managed to crawl away from the bloodbath, severely injured. 834, 88 L.Ed.2d 805 (1986); State v. Bishop, 144 Ariz. 521, 698 P.2d 1240 (1985) (defendant planned and intended to kill, assaulted victim, and abandoned victim in mine shaft); State v. Poland, 144 Ariz. 388, 698 P.2d 183 (1985) (defendants killed victims), aff'd, 476 U.S. 147, 106 S.Ct. , dead of exposure. Gary was serving life in prison for murdering a guard during a previous escape attempt. Arizona is such a jurisdiction. In other words, the Court must demonstrate that major participation in a felony with a state of mind of reckless indifference to human life deserves the same punishment as intending to commit a murder or actually committing a murder. 2954, 57 L.Ed.2d 973 (1978), a felony-murder case in which the petitioner's death sentence was vacated on other grounds. We hold that the Arizona Supreme Court applied an erroneous standard in making the findings required by Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 607, 83 L.Ed.2d 716 (1984); Skillern v. Estelle, 720 F.2d 839, 844 (CA5 1983) (evidence supports finding that Skillern agreed and "plotted in advance" to kill the eventual victim), cert. * Under the felony-murder doctrine, a person who commits a felony is liable for any murder that occurs during the commission of that felony, regardless of whether he or she commits, attempts to commit, or intended to commit that murder. 435, 78 L.Ed.2d 367 (1983); State v. McDaniel, 136 Ariz. 188, 665 P.2d 70 (1983) (defendant killed victim); State v. Gillies, 135 Ariz. 500, 662 P.2d 1007 (1983) (defendant took an active and deliberate part in the killing). Over 300 police officers and hundreds of volunteers searched for him, but he eluded them. In our view, the question presented does not fairly encompass an attack on Arizona's construction of its aggravating factors and we express no view on that subject. Greenawalt drew an X on the door near the head of the sleeping trucker, then fired a shot through the door. See State v. Dorothy Tison, Cr. These facts not only indicate that the Tison brothers' participation in the crime was anything but minor; they also would clearly support a finding that they both subjectively appreciated that their acts were likely to result in the taking of innocent life. Although the Court suggests otherwise, ante, at 155 156, n. 11, in none of these cases does the Arizona Supreme Court's finding of intent appear to rest, as it did here, on a finding that a killing was merely foreseeable. . The occupants of the house, an elderly couple, resisted and Enmund's accomplices killed them. The remaining States authorizing capital punishment for felony murders fell into two somewhat overlapping middle categories: three authorized the death penalty when the defendant acted with recklessness or extreme indifference to human life, and nine others, including Arizona, required a finding of some aggravating factor beyond the fact that the killing had occurred during the course of a felony before a capital sentence might be imposed. Ante, at 145 (citation omitted). death." The proceedings below illustrate how, under the felony-murder doctrine, a defendant may be held liable and sentenced to death for a murder that he or she neither committed nor intended to commit. They carried a supply of guns into the prison and then escaped. A critical facet of the individualized determination of culpability required in capital cases is the mental state with which the defendant commits the crime. 398, 83 L.Ed.2d 332 (1984); State v. Harding, 141 Ariz. 492, 687 P.2d 1247 (1984) (defendant killed victim); State v. Libberton, 141 Ariz. 132, 685 P.2d 1284 (1984) (defendant killed victim); State v. Jordan, 137 Ariz. 504, 672 P.2d 169 (1983) (defendant killed and intended to kill); State v. Smith, 138 Ariz. 79, 673 P.2d 17 (1983) (defendant killed and intended to kill), cert. The Court would thus have us believe that "the majority of American jurisdictions clearly authorize capital punishment" in cases such as this. The evidence in the record overlooked today regarding petitioners' mental states with respect to the shootings is not trivial. denied, 469 U.S. 1229, 105 S.Ct. 2954, 57 L.Ed.2d 973 (1978), the plurality opinion made clear that the defendant's mental state was critical to weighing a defendant's culpability under a system of guided discretion, vacating a death sentence imposed under an Ohio statute that did not permit the sentencing authority to take into account "[t]he absence of direct proof that the defendant intended to cause the death of the victim." 46-18-304(6) (1985); Neb.Rev.Stat. In only two cases does there remain some doubt whether the person executed actually killed the victim; in each case, however, the defendant was found at a minimum to have intended to kill. The discrepancy between those aspects of the record on which the Court has chosen to focus and those aspects it has chosen to ignore underscores the point that a reliable and individualized Enmund determination can be made only by the trial court following an evidentiary hearing. The State's ultimate sanctionif it is ever to be usedmust be reserved for those whose culpability is greatest. Audit . Ricky said that the brothers gave the water jug to Gary Tison who then, with Randy Greenawalt went behind the Lincoln, where they spoke briefly, then raised the shotguns and started firing. Far from merely sitting in a car away from the actual scene of the murders acting as the getaway driver to a robbery, each petitioner was actively involved in every element of the kidnaping-robbery and was physically present during the entire sequence of criminal activity culminating in the murder of the Lyons family and the subsequent flight. . Ricky and Raymond Tison were tried, convicted and sentenced to death. Id., at 21, 75. All but 16 of these were physically present at the scene of the murder and of these only 3, including Enmund, were sentenced to death in the absence of a finding that they had collaborated in a scheme designed to kill. pending, No. Ibid. . Rather, he found that the "participation of each [petitioner] in the crimes giving rise to the application of the felony murder rule in this case was very substantial." So rarely does any State (let alone any Western country other than our own) ever execute a person who neither killed nor intended to kill that "these death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual." . 689, 88 L.Ed.2d 704 (1986). He eluded law enforcement for days. A chemical worker named Ray Thomas was throwing out trash and smelled a foul odor when he found Gary. Arizona fell into a subcategory of six States which made "minimal participation in a capital felony committed by another person a [statutory] mitigating circumstance." . That court did not say whether petitioners did anything to help the victims following the shooting, nor did it make any findings that would lead one to believe that something could have been done to assist them. Gary Tison and Greenawalt actually carried out the murders. Id., at 788, 102 S.Ct., at 3372. . The petitioners' statements diverge to some extent, but it appears that both of them went back towards the Mazda, along with Donald, while Randy Greenawalt and Gary Tison stayed at the Lincoln guarding the victims. Nothing in the record suggests that any of their actions were inconsistent with that aim. He eluded law enforcement for days. He sought help for a breakout, and his three sons arrived to help him and fellow prisoner Randy Greenawalt flee. The deaths would not have occurred but for their assistance. beyond present human ability." Id., at 787, 102 S.Ct., at 3371. 19, 371 N.E.2d 1072 (1977). Thus petitioner could anticipate the use of lethal force during this attempt to flee confinement; in fact, he later said that during the escape he would have been willing personally to kill in a 'very close life or death situation,' and that he recognized that after the escape there was a possibility of killings. John and Alice Steal Some Tires Only To Be Arrested and Charged with First-Degree Murder Geordie Shore's Marnie Simpson was once engaged to TOWIE star Ricky Rayment (Image: Wenn) He since called the relationship the "biggest mistake of his life" and said he "doesn't miss her at all . . As the group traveled on back roads and secondary highways through the desert, another tire blew out. Oregon now authorizes capital punishment for felony murders when the defendant intends to kill. Id., at 791, 102 S.Ct., at 3373.3. In any event, petitioners agree they saw Greenawalt and their father brutally murder their four captives with repeated blasts from their shotguns. And it took us by surprise as much as it took the family [the victims] by surprise because we were not expecting this to happen. State v. Tison, 129 Ariz. 526, 545, 633 P.2d 335, 354 (1981). The evidence does demonstrate beyond a reasonable doubt, however, that petitioner intended to kill. Being sought were killers Randy Greenawalt, 28, and Gary G. Tison, 42, and Tison's three sons, Ricky, 18, Donald, 22, and Raymond, 19, authorities said. The statute set out six aggravating and four mitigating factors. Such punishment might also be defended on the utilitarian ground that it was necessary to satisfy the community's thirst for retribution and thereby keep the peace. That they did not specifically intend that the Lyonses and Theresa Tyson die, that they did not plot in advance that these homicides would take place, or that they did not actually pull the triggers on the guns which inflicted the fatal wounds is of little significance." They were convicted of felony murder in 1979 and sentenced to death. ALI, Model Penal Code Commentaries 210.2, p. 31, n. 74 (Off. 79, 672 P.2d 862 (1983), construed its capital murder statute to require a finding of intent to kill. The Arizona Supreme Court affirmed. 3368, 73 L.Ed.2d 1140 (1982); Coker v. Georgia, 433 U.S. 584, 97 S.Ct. Petitioner did nothing to interfere. 1939) ("Thy fathers' sins, O Roman, thou, though guiltless, shall expiate"); W. Shakespeare, The Merchant of Venice, Act III, scene 5, line 1 ("Yes, truly, for look you, the sins of the father are to be laid upon the children"); H. Ibsen, Ghosts (1881). 590, 598, 2 L.Ed.2d 630 (1958). In Ricky Tison's case the Arizona Supreme Court relied on a similar recitation of facts to find intent. After his capture, appellant made statements describing the prison breakout and subsequent activities, including the four murders. Both lived at home with their mother, and visited their father, whom they believed to be "a model prisoner," each week. Ricky Tison, 20, and Raymond Tison, 19, have been convicted of murder and sentenced to the gas chamber under a state law holding them responsible for the acts of the men they conspired to free from prison-their father, Gary Tison, 42, and Randy Greenawalt, 30, (the latter also was sentenced to death). 163.095(d), 163.115(1)(b) (1985). 20-21, 39-41, 74-75, 109. ( Tison v. Arizona, supra, 481 U.S. at p. 139, 107 S.Ct. Cf. As for retribution, the Court again found that Enmund's lack of intent, together with the fact that he did not kill the victims, was decisive. 1987). On the other hand, some nonintentional murderers may be among the most dangerous and inhumane of allthe person who tortures another not caring whether the victim lives or dies, or the robber who shoots someone in the course of the robbery, utterly indifferent to the fact that the desire to rob may have the unintended consequence of killing the victim as well as taking the victim's property. "From these facts we conclude that petitioner intended to kill. One of their co-felons shot the occupants of the car, to which the brothers did not object. Second, when evaluating such a defendant's mental state, a determination that the defendant acted with intent is qualitatively different from a determination that the defendant acted with reckless indifference to human life. Raymond stood out in front of the Lincoln; the other four armed themselves and lay in wait by the side of the road. The Arizona Supreme Court thus attempted to comply with Enmund by making a finding as to petitioners' mental state. . (emphasis added). But as Hart points out, this and other principles "do not seem to account for the character of the normal unwillingness to 'punish' those who have not broken the law at all, nor for the moral objection to strict liability which permits the punishment of those who act without mens rea." Ibid. Id., at 179, 218-219. Codified Laws 23A-27A-1 (Supp.1986). In some American jurisdictions, however, the authority to impose death in such circumstances still persists. She was found huddled over the family dog that was also killed. (Raymond) Tison, 129 Ariz. 546, 633 P.2d 355 (1981). The applicability of the death penalty therefore turns entirely on the defendant's mental state with regard to an act committed by another. First, the Court's dictum that its new category of mens rea is applicable to these petitioners is not supported by the record. For example, the Court quotes Professor Fletcher's observation that "the Model Penal Code treats reckless killing . . would clearly support a finding that [both sons] subjectively appreciated that their acts were likely to result in the taking of innocent life"). Tisons terrorized state 25 years ago Citizen file photos During the shootout, Donald. . 2978, 2991, 49 L.Ed.2d 944 (1976). denied, 465 U.S. 1074, 104 S.Ct. . ." denied, 474 U.S. 1073, 106 S.Ct. 142 Ariz., at 462, 690 P.2d, at 763; see also App. Vermont has further narrowed the circumstances in which it authorizes capital punishment: now only the murderers of correctional officers may be subject to death. The Arizona courts interpreted the plea agreement to require that petitioners testify to the planning stages of the breakout. The Court's second reason for abandoning the intent requirement is based on its survey of state statutes authorizing the death penalty for felony murder, and on a handful of state cases.12 On this basis, the Court concludes that "[o]nly a small minority of those jurisdictions imposing capital punishment for felony murder have rejected the possibility of a capital sentence absent an intent to kill, and we do not find this minority position constitutionally required." I conclude that the proportionality analysis and result in this case cannot be reconciled with the analyses and results of previous cases. Woodson v. North Carolina, 428 U.S. 280, 304, 96 S.Ct. Gary Tison escaped into the desert where he subsequently died of exposure. By his own admission he was prepared to kill in furtherance of the prison break. It is thus clear that "channeling" retributive instincts requires the State to do more than simply replicate the punishment that private vengeance would exact. 79, 672 P.2d 862 (1983). Reckless disregard for human life also represents a highly culpable mental state that may support a capital sentencing judgment in combination with major participation in the felony resulting in death. 1234, 84 L.Ed.2d 371 (1985); State v. Fisher, 141 Ariz. 227, 686 P.2d 750 (defendant killed victim), cert. The Court held that capital punishment was disproportional in these cases. 283. It is important first to note that such a defendant has not committed an act for which he or she could be sentenced to death. The court sent Tison v. Arizona back to lower courts to decide if Ricky and Raymond Tison had acted with reckless indifference to human life when, in an attempt to help their father escape from . We show this fidelity, for example, when we decline to hold a young child as morally and criminally responsible for an illegal act as we would hold an adult who committed the same act. The accomplice liability provisions of Arizona law have been modernized and recodified also. On the other hand, it is equally clear that petitioners also fall outside the category of felony murderers for whom Enmund explicitly held the death penalty disproportional: their degree of participation in the crimes was major rather than minor, and the record would support a finding of the culpable mental state of reckless indifference to human life. Only a small minority of those jurisdictions imposing capital punishment for felony murder have rejected the possibility of a capital sentence absent an intent to kill, and we do not find this minority position constitutionally required. . Furman v. Georgia, 408 U.S. 238, 308, 92 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), which had been decided in the interim, required reversal. On July 30, 1978, the three Tison brothers entered the Arizona State Prison at Florence carrying a large ice chest filled with guns. People v. Washington, 62 Cal.2d 777, 783, 44 Cal.Rptr. denied sub nom. . " Enmund v. Florida, supra, 458 U.S., at 798, 102 S.Ct., at 3377 (quoting Lockett v. Ohio, 438 U.S. 586, 605, 98 S.Ct. "Enmund did not kill or intend to kill and thus his culpability is plainly different from that of the robbers who killed; yet the State treated them alike and attributed to Enmund the culpability of those who killed the Kerseys. The murders that Gary Tison and Randy Greenawalt committed revolt and grieve all who learn of them. One such principle is that the States may not impose punishment that is disproportionate to the severity of the offense or to the individual's own conduct and culpability. He shot Thomas at close range, without provocation and as Thomas stood in a helpless position. More than 300 officers and hundreds of civilian volunteers searched for Tison in the desert near Chuichu, Arizona - about 10 miles South of Casa Grande. Two brothers, Rick and Raymond Tison, coordinated a plan to help their father escape from prison. Six innocent people died at the hands of the Tison Gang. . . No shots were fired at the prison. 543 (1923). See, e.g., G. Fletcher, Rethinking Criminal Law 6.5, pp. It is worth noting that both of the limits Hart identifies have been given vitality in the Court's proportionality jurisprudence. Green v. Zant, 738 F.2d 1529, 1533-1534 (CA11) (case was presented to jury on malice-murder rather than felony-murder theory, and evidence supported verdict on that theory), cert. Ark.Stat.Ann. . . Ante, at 158 (emphasis added). The heart of the retribution rationale is that a criminal sentence must be directly related to the personal culpability of the criminal offender. Carlos v. Superior Court of Los Angeles Co., 35 Cal.3d 131, 197 Cal.Rptr. . Tison was under a mesquite tree, about a mile and half from the where the van crashed. Seven years later, Tison was accused of violating his parole by writing a bad check. Ariz.Rev.Stat.Ann. , who vowed never to be taken alive, escaped. Ariz.Rev.Stat.Ann. She died in the desert after the Tisons left. 1676.) Indeed, the trial court recognized the disjunction between the felonies and the murders when it found that Gary Tison's and Greenawalt's decision to murder the family was senseless and unnecessary to the escape. 29-2523(2)(e) (1985); N.C.Gen.Stat. At a deeper psychological level it may have been less of their own volition than as a result of Mr. Tison's 'conditioning' and the rather amoral attitudes within the family home." The persistence of doctrines (such as felony murder) that allow excessive discretion in apportioning criminal culpability and of decisions (such as today's) that do not even attempt "precisely [to] delineate the particular types of conduct and states of mind warranting imposition of the death penalty," ante, at 158, demonstrates that this Court has still not articulated rules that will ensure that capital sentencing decisions conform to the substantive principles of the Eighth Amendment. denied, 474 U.S. 975, 106 S.Ct. Indeed, the possibility of bloodshed is inherent in the commission of any violent felony and this possibility is generally foreseeable and foreseen; it is one principal reason that felons arm themselves. But the couple never made it to the game. The Court has since reiterated that "Enmund . Plans for escape were discussed with Gary Tison, who insisted that his cellmate, Randy Greenawalt, also a convicted murderer, be included in the prison break. 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