Bio

Cary D. Kerr was born on October 6, 1964, in Texas. He was a white male from Dallas County, Texas. Before the murder of Pamela Horton, he worked in jobs that included warehouse work, maintenance mechanics, and general labor. He had completed 10 years of education and had no prior prison record listed by the Texas Department of Criminal Justice.

Before the capital murder case, Kerr had a documented history of violence toward women. During the punishment phase, prosecutors presented testimony from women who had been married to or romantically involved with him. Michelle Landdreth, who was married to Kerr from 1987 to 1991, testified that he beat and choked her during their marriage. Diana Forgeson, who was married to him from 1993 to 1996, also testified that he became angry, jealous, and violent when drinking. Cindy Huffman, who had a long relationship with Kerr, testified that he had hit her, threatened her with a gun, and caused her to seek restraining orders.

A later incident from August 10, 1999, was also used by prosecutors to show future dangerousness. According to the Texas Attorney General’s summary, Kerr attacked a woman while house-sitting next door to her. He pushed her back into a swimming pool when she tried to leave, threatened to kill her, held her head under water, tore her clothing, and demanded oral sex. Kerr later pleaded guilty to assault causing bodily injury and was sentenced to one year in jail.

By July 2001, Kerr was living in the Fort Worth area. He knew Pamela Horton from the local bar scene and had also lived in the same trailer park area. On the night before Horton’s death, he was socializing with Horton and her friend Jennifer York at local nightclubs. Horton was heavily intoxicated and wanted a ride home. Kerr left the nightclub with her, which led to the fatal assault.

Murder Story

On the evening of July 11, 2001, Pamela Horton was out with her friend Jennifer York in the Fort Worth area. They first spent time at the Swan Club, then later went to a nearby nightclub called Cowtown. Cary Kerr was also socializing with them. Horton was intoxicated and eventually told York she wanted to leave and needed a ride home. York was not ready to leave, and Horton was described as the type of person who would likely find someone else to drive her rather than wait.

Kerr left the nightclub with Horton. Before leaving fully, he returned briefly and told another woman that he was taking Horton home and would be back. Prosecutors later argued that instead of taking her safely home, Kerr took Horton to his residence, sexually assaulted her, and manually strangled her.

At about 2:00 a.m. on July 12, 2001, a taxi driver saw Horton’s body lying in the street. She was wearing only shorts and had no shirt, socks, shoes, or underwear. Paramedics arrived after the taxi driver reported the body. After the body was covered, Kerr approached the paramedics and said he believed he could identify the woman. He claimed he had found the body and called for help, but paramedics told him they had been alerted by a taxi driver, not by him.

Police arrived and questioned Kerr. Officers noticed a purse in his car and asked whose it was. Kerr first indicated it belonged to the victim and then said, “If that’s the girl I picked up, maybe it’s hers.” He became nervous after that statement. The purse had a broken comb-like hair clip attached to it. Officers also noticed a long blond hair on Kerr’s face, even though Kerr did not have blond hair. Horton did.

A search of Kerr’s home produced a torn bra, panties, and a plastic tooth from a comb or hair clasp. The broken tooth matched the damaged hair clip found on Horton’s purse. DNA testing showed that the bra and panties contained Horton’s DNA. Semen found in Horton’s mouth matched Kerr’s DNA profile. The medical examiner concluded that Horton died by manual strangulation. Her body also showed post-mortem abrasions consistent with being pushed or thrown from a moving vehicle.

Kerr was arrested the same day. On March 25, 2003, a Tarrant County jury convicted him of capital murder for the sexual assault and murder of Pamela Horton. On March 28, 2003, he was sentenced to death. His direct appeal and later state and federal habeas challenges were denied. The Fifth Circuit affirmed the denial of federal habeas relief in 2010, and the U.S. Supreme Court declined review in January 2011.

Cary D. Kerr was executed by lethal injection in Texas on May 3, 2011. He was 46 years old. His execution was historically noted because Texas used pentobarbital in its lethal-injection drug combination for the first time.