Murder of Heather Rich

Murder of Heather Rich

Heather Rose Rich c. 1996
Date	October 3, 1996 (1996-10-03)
Location	Belknap Creek, Montague County, Texas 33°50′50″N 97°50′41″W / 33.84726°N 97.84465°W / 33.84726; -97.84465Coordinates: 33°50′50″N 97°50′41″W / 33.84726°N 97.84465°W / 33.84726; -97.84465 (approximate)
Cause	Shotgun wounds to head and back. Homicide[1]
Motive	Sexual assault Rape
Burial	Fletcher Cemetery, Comanche County, Oklahoma[1]
Convicted	Curtis Allen Gambill Joshua Luke Bagwell Randy Lee Wood
Convictions	Conspiracy to commit capital murder Capital murder and conspiracy to commit capital murder Capital murder
Sentence	Life imprisonment with a minimum non-parole period of 30 years Life imprisonment without parole plus 99 years Life imprisonment with a minimum non-parole period of 40 years

The murder of Heather Rich is an American child murder case dating from October 1996 in which a 16-year-old high school student from Waurika, Oklahoma, was sexually assaulted, raped, then shot to death before her body was thrown into a creek in Montague County, Texas.

Three teenagers (two of whom had been known to Rich) were arrested two weeks after the discovery of her body; each of the three were later tried and subsequently convicted of Rich's murder. One of the perpetrators was sentenced to two terms of life imprisonment with no possibility of parole; a second individual was sentenced to a term of life imprisonment plus 99 years for conspiracy to commit murder, while the third individual was sentenced to life imprisonment with possibility of parole after 40 years.

Conflicting testimony delivered at two of the perpetrators' separate trials leads to ongoing speculation as to which of the trio actually shot and killed Rich.

Early life[]

Heather Rose Rich (January 19, 1980 – October 3, 1996) was the third of four children and only daughter born to Gail and Duane Rich.^[1]

Heather was an avid horse rider and a talented musician, and has been described by her family as "a naive girl with a big heart." She was an academically successful sophomore who was popular with her peers at Waurika High School.^[1]

According to one of her friends, despite her façade of ebullience, Rich was a "very troubled" teenager,^[2] and she began to exhibit troublesome behavior both at home and at school in the late summer and early fall of 1996. Her classmate and former boyfriend, 17-year-old Randy Wood, stated this emotional behavior largely stemmed from Rich's restlessness at the fact Waurika held few amenities to entertain the town's youth.^{[1][n 1]} On September 27, she and another girl had been temporarily suspended from Waurika High School and the Waurika Eagles cheerleading team for their being noticeably drunk upon the sidelines of a school cheerleading performance.^[1] The duration of this suspension was just three days, and she was expecting to be a potential candidate to be the sophomore class homecoming queen of Waurika High School on October 11.^[3]

October 2, 1996[]

At approximately 11 p.m. on the evening of October 2, 1996, Rich left her home without her parents' knowledge to meet a 17-year-old Waurika High School senior named Joshua Bagwell in a trailer parked at the rear of the home of Bagwell's grandfather.^[4] Bagwell had already been drinking heavily with his friends, 19-year-old Curtis Gambill and Rich's former boyfriend, Randy Wood. One of the trio had earlier telephoned Rich to suggest she join them at Bagwell's trailer that evening.^[5] Shortly after Rich arrived at the trailer, both Wood and Gambill left Rich and Bagwell alone for approximately one hour, believing that as this was their first date, the two wished to be left alone. When Wood and Gambill returned to the trailer approximately one hour later, both Bagwell and Rich were naked, and a bottle of gin had been half consumed. Rich was extremely drunk, later being described as largely insensible;^[6] Bagwell later claimed the two had engaged in consensual sex. According to Wood's later trial testimony, the three youths, themselves intoxicated, began goading each other to sexually assault Rich while she was naked and largely insensible.^[7]

Wood then proceeded to sexually assault Rich (digitally penetrating her) before Gambill himself engaged in unconsensual sex with the semi-conscious girl. Shortly after Gambill had raped Rich, she partially roused out of her semi-conscious state and began moaning, screaming and crying.^[8]

Murder[]

Reportedly fearing the girl would accuse the trio of rape,^[9] Gambill then decided to kill Rich and, with a measure of force, successfully persuaded Bagwell and Wood to assist him in the commission of this act.^[10] According to Wood, Gambill pointed his shotgun at him and ordered him to dress Rich before he and Bagwell carried her into Bagwell's grandfather's pickup truck.^[11] Bagwell then began to drive in a seemingly aimless manner around southern Oklahoma for in excess of an hour as Gambill repeatedly exclaimed they would have to kill her before driving to desolate property his grandparents owned as a potential murder location. Gambill vetoed Bagwell's choice of a murder location, stating this location could easily be traced to the trio. Gambill then chose to drive the truck; driving towards a cement bridge upon a rural road in Belknap Creek, Texas.^[8]

At this location, Gambill retrieved his shotgun from the vehicle as he ordered Bagwell and Wood to "get her out and put her on the side (of the road)." Bagwell and Wood then carried Rich towards the bridge, where Gambill proceeded to shoot her several times in the head and torso with the shotgun as she lay upon the ground.^[12] Wood later claimed that he had sat inside the pickup truck as Gambill approached Rich with the shotgun in his hand; he had then covered his face with his hands before hearing "the first shot...then I heard a bunch more."^{[n 2]} He then climbed from the truck to observe Gambill appearing "dazed at what he'd done." Joshua Bagwell then took one of Rich's shoelaces and used this item to secure a rock to weight her body.^[13]

Rich's body was then thrown over the guard rail into the creek below before the trio attempted to conceal the extensive bloodstains at the precise murder scene by kicking and throwing soil across the ground.^[8]

Discovering that their daughter's bed had not been slept in and that all her possessions were untouched, yet that her bedroom window was open, Gail and Duane Rich reported their daughter missing to the Jefferson County Sheriff's Department the following day.^[14] Despite the fact that Rich had not taken any of her personal possessions with her,^[3] when police learned from Gail that Heather had recently argued with her mother over a $300 phone bill for which she (Heather) had largely been responsible for the accrual, investigators initially assumed Rich had likely temporarily ran away from her household to stay with friends, and would likely return home within hours. Aghast, Gail responded: "When your daughter is missing, you can stay at home!" She and her family then began making their own inquiries around Waurika for information as to Rich's whereabouts.^[14] They subsequently hired a private investigator to assist in the search for their daughter.^[15]

Autopsy[]

Rich's body was discovered partially submerged in the Red River by a rancher and his daughter on October 10.^{[n 3]} Due to a combination of decomposition and the sheer number of shotgun wounds she had received, including the fact she had been shot once in the back of the head, her face and body were largely unrecognizable. Thus initially, her body was tentatively identified by her father via his recognizing a gold signet ring Heather had received as a present for her 16th birthday. Her body was later officially identified via dental records.^{[16][n 4]}

The autopsy of Rich's body revealed she had been shot nine times with an M-9 Winchester shotgun, with pellets from the buckshot rounds fired also hitting her body in several locations. One of these shots had been fired into the back of her head, with the remaining eight rounds being fired into her lower back, waist, pelvis and buttocks. In conjunction with the pattern of the bloodstains discovered at the preliminary crime scene, the trajectory of the shotgun wounds indicated Rich had most likely been shot as she lay face down, with her death being almost instantaneous.^[2]

Funeral[]

The funeral of Heather Rich was conducted on Monday, October 14, 1996, at the Praise Assembly of God Church in Comanche County.^[3] She was laid to rest in Fletcher Cemetery. As her murderer or murderers had neither been apprehended or convicted at the time of the service and with her family strongly suspecting her murderer(s) had not been strangers to her, Rich's family forbade any individual outside her immediate family from touching her coffin throughout the service, with her mother stating that prior to the service, she had promised her only daughter that "whoever did this to her would never touch her again."^[1]

Perpetrators[]

Curtis Allen Gambill[]

Curtis Gambill was a high-school dropout. He was born on February 24, 1977, and at the time of Heather Rich's murder, he was living with his 64-year-old grandmother in Terral, Oklahoma. Gambill was known to possess a short temper, and to exhibit sadistic features, being known to have regularly forced boys to fight each other in his presence upon the threat that if they did not do so, they would otherwise have to fight him.^[17] He had previously escaped from every youth detention center in which he had been incarcerated, and had been briefly committed to a psychiatric hospital at age 17. In addition, he had been convicted of feloniously carrying a firearm in February 1996; receiving a five-year suspended sentence.^{[n 5]}

In the week prior to Rich's disappearance, Gambill was notably depressed due to his best friend, 20-year-old Dennis Goss, having committed suicide on September 25. Just days prior to October 2, he and his close friend, Joshua Bagwell, had attended Goss's funeral.^[17]

Joshua Luke Bagwell[]

Joshua Bagwell was born on December 21, 1978. His parents were among the wealthiest landowners in southern Oklahoma, although as his parents' employment led them to be largely absent from home, he had lived with his grandparents since the age of 16.^[18] Bagwell was a senior at Waurika High School, and by October 1996, had been the recipient of six new cars. He was variously described as being a snobbish and pampered youth, although he was considered somewhat of an outcast among his peers.^[19] He and Gambill had formed a mutual friendship, in part due to their shared interests in firearms, drinking, camping, and fishing. Occasionally, the pair traveled to the environs of Belknap Creek for camping and fishing trips.^[20]

Undisciplined at home, Bagwell had once been arrested for driving while intoxicated, and had demanded a lawyer while resisting arrest. Both Randy Wood and Heather Rich had been impressed by Bagwell's affluent means; the latter commenting on more than one occasion that she had flirted with Bagwell until she had secured a seat in his white Dodge Stealth for the forthcoming Waurika homecoming parade. On the night of October 2, Rich had sneaked from her parents' home to meet Bagwell for what was supposed to be their first date.^[15]

Randy Lee Wood[]

Randy Wood was born on July 7, 1979. He and his single-parent mother had frequently relocated throughout Oklahoma during his childhood—frequently resulting in him having to attend numerous different schools. By 1996, Wood lived with his mother in a largely dilapidated house, and his family was known as one of the poorest in Waurika.^[16]

Wood began smoking cannabis in the third grade, often stealing the money or the narcotic itself from his mother. Despite his personal disadvantages, Wood endeavored to better himself among his peers, and by 1996, was the captain of the Waurika High School football team, having earned the respect of the entire team. He and Heather Rich had dated for approximately five months, during which they had regularly attended church together and conversed on the phone, although their relationship, despite being an intimate one, had never resulted in sexual intercourse, and the two were frequently mistaken as simply being friends. Having heard a rumor Rich had skinny-dipped at a party, Wood chose to end their relationship, although the two remained close friends.^[16]

One week after Rich's body was found at Belknap Creek, Randy Wood was crowned homecoming king of Waurika High School.^[21]

Investigation and arrests[]

A total of 14 investigators were assigned to investigate Heather Rich's murder. The investigation was assisted by the FBI in the event federal kidnapping charges could be brought against the perpetrator or perpetrators should Rich have been transported across state lines against her will.^[22]

Initially encountering a wall of silence from much of Waurika's youth as to Rich's potential whereabouts, by the second week of the inquiry, investigators focused more closely on a potential lead provided by Rich's best friend on the cheerleading squad that Rich may have left her home to attend a party at the home of a classmate of theirs named Joshua Luke Bagwell. Upon informal questioning, Bagwell initially claimed he and a friend of his named Randy Wood (both of whom had earlier been questioned by Gail Rich as to her daughter's whereabouts) had not seen Heather Rich on October 2 as they had been playing dominoes and drinking whisky and beer in his trailer until approximately 6:00 a.m. the following day. Wood corroborated this statement.^[23]

Having discovered that the buckshot rounds fired from the Winchester shotgun which killed Rich were of a distinct brand, investigators soon learned that only one store in Waurika had stocked this brand. Conversing with the owners of the store, these investigators discovered that just days prior to the murder, 20 rounds had been purchased by one Joshua Bagwell. The owner of this store was also able to positively identify Bagwell from an assembled police lineup.^[19] Furthermore, an employee of this store was adamant that at the time Bagwell had made this purchase, he had been in the company of another young male.^[19]

Further discovering that Bagwell had spent much of his time in recent months in the company of a 19-year-old high school dropout named Curtis Allen Gambill, and had regularly hunted in his company,^[18] Curtis Gambill was arrested on October 24. He was questioned for a total of eight hours, and agreed to submit to a polygraph test pertaining to his potential culpability in Rich's murder. Gambill failed this polygraph test, and subsequently agreed to allow investigators to subject the shotgun he owned to ballistic fingerprinting to determine whether this firearm had been used to murder Heather Rich.^{[24][n 6]}

Discovering the results of the ballistic analysis of his shotgun indicated the firearm had been the one used to murder Heather Rich, and that the weapon was capable of firing nine rounds before requiring reloading, Gambill confessed to being a participant in Rich's murder, also naming Bagwell and Rich's former boyfriend, Randy Lee Wood, as participants in the murder. According to Gambill, Wood had been the instigator of the crime, and the actual murderer, with himself and Bagwell acting upon his (Wood's) instructions. Wood's actual motive, Gambill claimed, had been sexual jealousy due to the fact Rich had engaged in sex with Bagwell and not him.^[25]

Bagwell and Wood were also arrested on October 24. Bagwell refused to admit any culpability in Rich's murder; invoking his right to silence and refusing to submit to a polygraph test. Shortly thereafter, his family hired a team of high-profile lawyers to defend him.^[26] By contrast, Randy Wood willingly agreed to provide a written statement in which he confessed to his being a participant in the murder, although he was adamant Curtis Gambill had been the instigator of the entire crime, and the individual who had shot and killed Rich, adding that Joshua Bagwell had been a knowing and willing participant. Wood further claimed not to have actually believed Gambill was serious in his vocal intentions to murder Rich until Gambill had parked the pickup upon the Belknap Creek bridge. He also agreed to submit to a polygraph test to verify his version of events—the results of which fully corroborated his written statement.^[26]

Initially, all three individuals were charged with the kidnapping of Rich and denied bail in Oklahoma.^[24] All were subsequently formally charged with first-degree murder in Montague County, Texas on October 25.^[27]

The trials of all three defendants were held in Texas. Owing to the law of Texas, all three individuals were tried as adults.^[28]

Trials[]

Gambill[]

Curtis Gambill was brought to trial on October 15, 1997. He was tried in Fort Worth.^[10] Shortly after his trial had begun, Gambill accepted a plea bargain offered by Montague County district attorney Tim Cole, whereby he agreed to plead guilty to Rich's murder—admitting to being the individual who had physically taken her life—in exchange for the prosecution agreeing not to seek the death penalty.^[29] He was found guilty and sentenced to a term of life imprisonment with a potential possibility of parole after 30 years.^[30] As part of his plea bargain, Gambill also agreed to testify against Bagwell at his upcoming trial.^{[12][n 7]}

Montague County courthouse. Both Bagwell and Wood were tried at this location in 1998.

Bagwell[]

Joshua Bagwell was brought to trial in February 1998. Prior to and at his trial, he refused to admit any culpability in her murder; claiming that his intercourse with Rich after Gambill and Wood had initially left the two alone in his trailer had been consensual;^[31] that he had later left his trailer prior to Gambill and Wood actually discussing killing Rich; and that he had ultimately believed the trio were simply driving Rich around in an effort to sober her up before returning her home. Furthermore, he stated that he was unaware of any actual plan to murder her.^[28]

At Bagwell's trial, Gambill reneged upon his own previous agreement with prosecutors; changing his story and reverting to his initial claims upon arrest.^[24] This testimony largely suited the portrayal of Bagwell by the defense; minimizing Bagwell's role in the murder and corroborating his own claims that Wood had committed Rich's murder.^[31]

Randy Wood had initially accepted a similar plea bargain to that previously offered to Gambill in exchange for his testimony at Bagwell's then-forthcoming trial. However, the evening before he was due to give evidence, Wood—against the vehement advice of his defense attorney—changed his mind and rejected the plea bargain, insisting he wished to testify against Bagwell without any preconditions despite being informed by his lawyer that he risked either a longer prison sentence or a potential death penalty if convicted.^[10]

On the third day of testimony, Wood testified under oath that Gambill had largely orchestrated the murder, had shot and killed Rich, and that Bagwell had been a full-knowing participant in the act.^{[10][n 8]}

The day after Wood delivered his testimony, Bagwell testified before the jury. He insisted he had not been present in his trailer when Wood and Gambill had discussed murdering Rich, and blamed Wood for her actual shooting.^[26] Bagwell added his conjecture that Wood's motivation for this act had been that he had been angry at Rich for earlier refusing to engage in intercourse with him (Wood). Bagwell finally claimed not to have been physically close to the actual crime scene at the time Rich had actually been murdered, but had walked away to urinate.^[35] He solely admitted to a limited role in refusing to disclose acknowledgement of the murder after the event.^[4] Despite this testimony, when questioned as to his witnessing the actual shooting of Heather Rich, Bagwell contradicted himself in his reply, claiming he had witnessed "Curtis—sorry I mean Randy—lowering the gun."^[13]

Joshua Bagwell was convicted of capital murder on February 14, 1998, and sentenced to a term of life imprisonment.^[28] He was sentenced to a mandatory life term.^[4] He was sentenced to an additional 99 years for conspiracy to commit capital murder on February 17.^[36]

Wood[]

Randy Wood was tried for capital murder later in 1998. Against the advice of his attorney, Pat Morris, Wood declined another plea bargain offered prior to his trial; choosing to plead not guilty to Rich's murder, stating that although he was aware of the law of Texas, he had neither intended for Rich to be killed, and that he had not physically taken her life himself.^{[7][n 9]}

Wood was found guilty of capital murder on August 25, 1998. As the State did not seek the death penalty in his trial, he was automatically sentenced to life imprisonment. Wood will first become eligible for parole in 2036.^[7][37]

Aftermath[]

• Randy Wood requested to meet with Rich's parents prior to his own trial, to explain his actions on the night of their daughter's murder, the moral and legal reasoning behind his course of action regarding his testimony at the trial of Joshua Bagwell, and the legal vulnerability this had subjected himself to. Rich's parents agreed to this endeavor.^[38] In an televised interview, Wood stressed his regret regarding his actions in the early morning hours of October 3, 1996. Having asked for their forgiveness but stating upfront he did not expect to receive it, Gail Rich responded by stating she and her husband had forgiven him for the hurt he had caused them, but they could not forgive him for his role in their daughter's murder, adding, "Only Heather can do that."^[39]
• In 1999, Wood filed an appeal against his conviction with the Second Court of Appeals of Texas. In this appeal, he did not challenge the sufficiency of the evidence presented at his trial, but contended that his attorney had been ineffective in his service; failing to request an initial instruction upon the potential lesser-included offense of murder, an erroneous introduction of the guilty or innocence plea phase of his trial, and his attorney's failing to raise objection at this stage. This appeal was overruled on October 14, 1999.^[40]
• Joshua Bagwell also appealed his sentencing; his appeal was filed with the Second Court of Appeals of Texas in November 2000, arguing that because Rich had been unconscious when taken to the Belknap Creek bridge, 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. As such, Bagwell contended, because the Texas Penal Code defines capital murder as "a level of murder that requires a kidnapping component", he could not be guilty of the level of murder for which he was convicted. This appeal was rejected on January 31, 2001.^[41]
• In January 2002, Curtis Gambill and Joshua Bagwell were transferred from state prison to the Montague County jail in order that Gambill could be additionally tried for conspiracy to commit murder.^[42] On January 16, Gambill was additionally convicted and sentenced to a second, cumulative, term of life imprisonment.^[43] He had earlier waived his legal right to a trial by jury.^[44]
• Curtis Gambill, Joshua Bagwell and two other inmates briefly escaped from the Montague County Jail in which all four were held in January 2002.^[45] All four escapees were arrested nine days later in Ardmore, Oklahoma.^[1] The four individuals had held a member of public hostage at an Oklahoma gas station, but surrendered to authorities after several hours.^[46][47]
• In 2009, a cousin of Randy Wood named Denise Horner initiated a campaign for a commutation of Wood's potential life sentencing. This campaign was endorsed and supported by the prosecutor at Wood's trial, Tim Cole, who was reportedly regretful that he had not tried Wood for the lesser charge of conspiracy to commit murder.^[7] Nonetheless, when Cole approached Montague County district attorney in 2010, he was reluctant to consider the proposal. He later confirmed his decision to Denise Horner in 2011, stating that following his consultations with the Sheriff and District Judge, it had been "my understanding from them that they are also unwilling to recommend a reduction of sentence."^[7]
• In 2016, Randy Wood married a woman from New Zealand. The two had initially corresponded as friends, although they gradually formed a relationship after she traveled to Texas to meet him face-to-face. This woman—who wishes to remain anonymous—moved to Texas in 2018 in order to be closer to Wood. One of the motivations for her decision to relocate to Texas is her commitment to campaign for those under the age of 18 not to be tried as adults within the state. Although Wood's wife has stated that she hopes he will be released long before his initial parole eligibility date, she has stated she is committed to remain with him.^[48]
• All three perpetrators of Rich's murder remain incarcerated in different Texas prisons. Curtis Gambill is incarcerated at the John M. Wynne Unit in northern Huntsville; Joshua Bagwell is at the Barry Telford Unit in New Boston;^[49] and Randy Wood is at the James V. Allred Unit in Wichita Falls.^[50]

Media[]

Literature[]

• Colloff, Pamela (2007). Texas True Crime: From the Editors of Texas Monthly. Austin: University of Texas Press. pp. 172–179. ISBN 978-0-292-71675-9.
• Colloff, Pamela (2014). A Question of Mercy. Austin: University of Texas Press. ASIN B00IZ602T0.

Television[]

• The American criminal justice series American Justice have broadcast an episode focusing upon the murder of Heather Rich. Commissioned by A&E Network and narrated by Bill Kurtis, this 40-minute documentary, titled A Murder before Homecoming, features interviews with Heather Rich's mother and Randy Wood. The documentary was first broadcast in 2003.^[51]

See also[]

Notes[]

References[]

Cited works and further reading[]

• Colloff, Pamela (2007). Texas True Crime: From the Editors of Texas Monthly. Austin: University of Texas Press. pp. 172–179. ISBN 978-0-292-71675-9.
• Evans, Colin (1996). The Casebook of Forensic Detection: How Science Solved 100 of the World's Most Baffling Crimes. New York City: John Wiley & Sons Inc. ISBN 0-471-07650-3.
• Heard, Brian J. (2011). Handbook of Firearms and Ballistics: Examining and Interpreting Forensic Evidence. West Sussex: John Wiley & Sons Inc. ISBN 978-1-119-96477-3.
• Smith, Evan; Coloff, Pamela (2007). Texas Monthly On...Texas True Crime. University of Texas Press. ISBN 978-0-292-71675-9.

External links[]

• Contemporary news article pertaining to the murder of Heather Rich
• Contemporary news article detailing Randy Wood's testimony as to the murder of Heather Rich, delivered at the trial of Joshua Bagwell
• Heather Rose Rich at Find a Grave
• Los Angeles Times news article focusing upon the murder of Heather Rich and the trial of the perpetrators
• Bagwell vs. State of Texas: Details of Joshua Bagwell's 2004 appeal to the United States Court of Appeals for the Fifth Circuit pertaining to decisions regarding his habeas petition
• Wood vs. State of Texas: Details of Randy Wood's 1999 appeal against his conviction for the murder of Heather Rich