Suspect called incapable of premeditated murder

By Katy Gurley

A St. Louis County psychiatrist testified that Terry Lee McIlvoy is borderline mentally retarded and a sociopath, has a brain defect stemming from alcoholism, and was incapable of premeditated murder the night a security guard was shot to death.

McIlvoy, 23, of Bel Ridge, is charged with capital murder in connection with the hired killing of Gilbert Lee Williams, whose bullet-riddled body was found slumped over the wheel of his truck last February at Spirit of St. Louis Airport in West County. Williams was a guard at the airport.

As the trial entered its fourth day before a jury and St. Louis County Circuit Court Judge Drew W. Luten, Dr. David Ohlms testified Thursday that the defendant is an alcoholic with a sociopathic personality and an IQ of 81.

These factors, he said, would “markedly diminish his intent to commit murder.”

Earlier Thursday, McIlcoy told the jury that he was drunk, high on marijuana and “going along with a gag” when he found himself at the scene of the murder with a .22-caliber rifle in his hand.

He said he was too drunk and drugged to recall how Williams was shot to death as Williams sat in a pick-up truck after making his rounds.

The testimony came in contrast with McIlvoy’s videotaped confession, which was played for the jury Wednesday. In the confession, taped by police, McIlvoy said he shot Williams six times that night, but did not know why.

He also said on the taped confession that William’s wife, Vicky, had offered him $1,000 for the murder.

Mrs. Williams, 24, of Overland, was convicted last May of capital murder after she was charged with hiring McIlvoy to kill her husband. She was sentenced to life in prison.

McIlvoy testified that at a party at Mrs Williams home the night before the murder, she told him that Mike Shane had agreed to kill her husband for $4,000. Shane, 18, has already been sentenced to 18 years in prison after pleading guilty to second-degree murder in connection with the case.

“She said to me, ‘Will you do it?’ and I said ‘Yeah, this is something I do every day. I was laughing because I thought it was a joke,” McIlvoy testified.

He said she asked him how much he would charge, and that he jokingly replied, $1,000.

McIlvoy said he, Shane, and two other men drove to the airport that night. He said he went along because “I thought they were going to play some kind of joke on me—take me out there and then leave me to walk back,” and he wanted to show them he was onto the gag.

He said they stopped at his home for his rifle “because I figured that if they were going to take me out somewhere and leave me, at least I’d have my own gun.”

McIlvoy testified that when the men arrived at the airport, Shane pointed out Williams. “We’ll get him tomorrow night,” McIlvoy said Shane told him.

The next night, after a party that included heavy drinking and smoking marijuana, McIlvoy testified, the four again drove to the airport, although at the time he thought it was another gag to make him walk home.

McIlvoy said he again took the rifle.

When they arrived at the airport, McIlvoy said he took the weapon and he and Shane walked across a field until they saw Williams sitting in his truck.

“I sat on some cardboard and Mike said, ‘If you can’t do it, then I can.’ I said no, but I was real dizzy and seeing spots before my eyes.

“I felt Mike hit me on the shoulder and he said ‘shoot.’ I saw a blurred sensation and then it felt like Mike was sort of hugging me and then I heard a scream.”

McIlvoy testified the nest thing he remembered was seeing Williams’ truck full of gun shot holes, and Shane telling him (McIlvoy) had killed Williams.

Man is found guilty of contract murder

By Katy Gurley

CLAYTON, Mo. — While his mother wept quietly, a jury here found Terry Lee McIlvoy guilty of capital murder late Friday in the contract killing of a security guard at Spirit of St. Louis Airport in West County last February.

The St. Louis County Circuit Court jury of six women and six men were still deliberating Friday night on whether to recommend the death penalty or life in prison with no possibility of parole for 50 years. Judge Drew W. Luten, Jr. could reduce the sentence to life if the jury decides on a death sentence.

McIlvoy sat with his head resting on his hands and occasionally looked up at the jury as it was polled on the verdict.

The convicted felon’s attorney had argued, under a “diminished responsibility” defense allowable under Missouri law, that his client was borderline retarded with an IQ of 81. McIlvoy was also drunk the night he shot the victim. Thus, his attorney said, McIlvoy was unable to form the intent to kill.

“You who have been blessed so much with brains and such, stop and think before you decide,” the attorney, Thomas Howe, said in his closing statement to the jury. The charge against McIlvoy should be reduced to second-degree murder or manslaughter, Howe said.

But County Special Prosecutor Gordon Ankney shot down the notion that McIlvoy was retarded, and said that his drunkenness was no excuse. He asked the jury to look McIlvoy in the eye and say, “We’re not going to excuse you for a cold-blooded murder.”

The issue of intent was critical in the two-week trial because McIlvoy, 23, was charged with killing the security guard, Gilbert Lee Williams, for $1,000. Williams’ body was found Feb. 4 slumped over the wheel of his truck at the airport. Williams’ wife, Vicky, 24, was convicted of capital murder last month for masterminding the killing. She was sentenced to life.

Michael Shane, 24, was also found guilty last month of second-degree murder in the case because he drove McIlvoy to the site, and egged him on to kill Williams. He currently is serving 18 years.