Do Not Execute John Schmitt!
November 9, 2006, VA
The state of Virginia is scheduled to execute John Yancey Schmitt Nov. 9 for the 1999 murder of Shelton Dunning, a security guard at the Bon Air branch of NationsBank in Chesterfield County. Schmitt, a white man, allegedly shot Dunning in the lobby of the bank and proceeded to rob the tellers at gunpoint; he fled the bank with approximately $27,000 in cash.
Two days later, investigators located Schmitt in a Williamsburg hotel; police officers, along with a crisis negotiator, convinced him to surrender shortly thereafter. Inside the hotel room, they found a satchel containing approximately $27,000, a handgun, and several articles of clothing described by witnesses at the scene of the crime.
At trial, Schmitt argued that no eyewitnesses or surveillance cameras captured the events leading up the shooting. He maintains that the gun went off amidst a struggle, and that the Dunning murder was purely unintentional. The jury disagreed, and sentenced him to death on Aug. 15, 2000. Now, six years later, the state of Virginia is preparing to execute him.
During the penalty phase of his trial, Schmitt presented testimony from several witnesses to demonstrate his character and remorse. Through a variety of witnesses, he drew distinctions between his normal behavior and his behavior while under the influence of drugs. A medical specialist described the effects of drug addiction and withdrawal, linking his violent tendencies to struggles with substance abuse. His juvenile probation officer, as well his family members and friends, testified concerning his generally courteous and respectful demeanor, also noting severe changes when his drug addiction got the better of him.
To demonstrate his remorseful attitude toward the Dunning murder, Schmitt presented the testimony of Lieutenant Diane M. Clarcq of the James City County Police Department. Clarcq served as crisis negotiator in the apprehension of Schmitt, and their interactions leading to his surrender highlighted his feelings of remorse. Considering the mitigating factors, the state of Virginia should commute this sentence to life in prison without parole.
Schmitt has argued throughout his trial and appeals process that errors in the jury selection process landed him a jury overwhelmingly inclined to deliver a death sentence, regardless of mitigating evidence. During the pre-trial selection process, Chesterfield County prosecutors struck several prospective jurors because of their opposition to capital punishment. Although the U.S. Supreme Court has upheld this practice as constitutional, the state should recognize that it discriminates against a large group of citizens, and shapes juries anxious to hand down the ultimate penalty.
The state of Virginia should undoubtedly punish Schmitt for his involvement in this murder. However, his pending execution will neither bring back Shelton Dunning nor prevent crime from occurring in the future. Rather, it marks another senseless killing that only perpetuates the cycle of violence prevalent in society today.
Please write to Gov. Tim Kaine on behalf of John Schmitt!
