Family waits to see if daughter's murderer will see second execution date postponed

Published: Jan. 23, 2015 at 3:28 AM CST|Updated: Jan. 23, 2015 at 3:36 AM CST
Vicki Garner and family, Source: Facebook

SMITH COUNTY, TX (KLTV) - The family of an East Texas woman who was sexually assaulted, strangled, then set on fire nearly 20 years ago is waiting to find out if her killer's execution date will be postponed for the second time.

Robert Charles Ladd was sentenced to death in a Smith County courtroom for murdering Vicki Garner in 1996. Ladd was on parole at the time for murdering three other people in Dallas in 1978. He served 13 years in prison for that crime.

We spoke to Garner's family in 2003, the first time Ladd's execution was postponed.

"I thought today was going to end it all, and I got a little mad," said Gene Garner, Vicki Garner's father.

Ladd sent them an apology letter that same week.

"Please know that I am more sorry than I can put into words," read Gene Garner.

Ladd's attorney says Ladd is intellectually disabled. They first tried to save his life by citing a 2002 United States Supreme Court ruling, which made it illegal to execute someone who is mentally disabled. A Court of Criminal Appeals for the Fifth Circuit upheld the finding that Ladd is not disabled. His new execution date was set for January 29, 2015.

Garner's younger sister reacted to the delay in Ladd's case in April 2014.

"None of my parents actually saw justice for their daughter, and that's really a hard pill to swallow for me," said Teresa Wooten, Vicki Garner's younger sister.

Wooten posted on Facebook Thursday night saying, 'The last-minute motions have begun."

She's talking about Ladd's latest request filed Wednesday. That motion asks the court to postpone next week's execution. This time, Ladd is citing a new case and is challenging Texas' procedures to determine intellectual disability.

Vicki Garner's sisters say Ladd's excuses for her murder are endless. They are ready for this to be over so they can hopefully forgive.

Ladd's attorney says the way Texas courts decide if someone is intellectually disabled is too subjective. Right now, the court considers seven factors, including:

  • Does the person hide facts or lie effectively in his own interests?
  • Did people who knew the person during their developmental stage think he or she was mentally disabled at the time?

Ladd's execution is still set for next Thursday after 6 p.m.

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