State Supreme Court rejects effort to reinstate death sentence for man convicted of killing LSU freshman
NEW ORLEANS — The Louisiana Supreme Court on Tuesday rejected the state's attempt to reimpose the death penalty for a man who was 17 when he killied an LSU freshman in 1992.
Dale Craig was convicted in the death of Kipp E. Gullett. Louisiana had argued Craig was close enough to age 18 to qualify for the harshest penalty. The U.S. Supreme Court in 2005 outlawed the killing of people who were minors when they committed their crimes.
“While we’re disappointed the Louisiana Supreme Court didn’t weigh in on this important case, we’ll continue to work to ensure that the worst of the worst criminals in our State are brought to justice,” Attorney General Liz Murrill said in a statement.
East Baton Rouge Parish Judge Eboni Johnson Rose made Craig parole-eligible two years ago, vacating a life term 28 years into his sentence. In arguing against Rose's decision, the attorney general's office said the U.S. Supreme Court had gotten it wrong when it outlawed the eventual execution of young offenders.
"It prohibits states like Louisiana from executing criminals like Dale Craig — who carjacked, kidnapped, terrorized, pistol-whipped and then shot to death Kip Earl Gullett, an unsuspecting LSU freshman — just because he was a week away from his 18th birthday when he committed this heinous crime," the attorney general's office said in September.
Gullet died Sept. 14, 1992. According to prosecutors, Craig stole Kipp's Ford Bronco and subjected Gullet to psychological torture before shooting him three times in the head at a construction site.
The state Supreme Court ruled in October that the state would be allowed to fight Craig's parole-eligibility.
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Justices allowed the American Civil Liberties Union to intervene in the death penalty case. In its filings, it said the state couldn't make arguments with the hope that one day the U.S. Supreme Court might change its approach on death penalty cases.
"The state's arguments rest upon its politicization of the United States Supreme Court, claiming that changes in the ideologicial 'party' of the current Justices create an opportunity to ask the Supreme Court to overturn Roper v. Simmons," the case that banned executions of the youthful offenders, the ACLU wrote.
Judge Donald Johnson ruled against the state Oct. 24, prompting the state's appeal. Justices voted 6-0 to deny, with Justice John Michael Guidry recusing.