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 pleaded guilty to murder. During the trial, Gambill had to be restrained by nine men when the teen overpowered a court
bailiff. According to the
Texas Department of Criminal Justice, Gambill was convicted on October 15, 1997, sentenced to
life imprisonment, and will become eligible for
parole on October 31, 2026. 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.
Bagwell While
remanded, Joshua Bagwell received
white-supremacy prison tattoos, attempted
escape, 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 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 "[making] her look like the
Whore of Babylon"; Gail Rich herself was
cross-examined, requiring her to acknowledge her daughter's smoking,
bulimia, 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 [Rich] 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 on February 17, 1998, Bagwell was found guilty of
capital murder and
conspiracy to commit capital murder. Capital murder earned Bagwell an
automatic sentence of
life imprisonment; 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 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. 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. Therefore, because the
Texas Penal Code 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 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, 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".
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." 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. ==Aftermath==