Bio 

Jermaine Herron was born on January 13, 1979, in San Patricio County, Texas. Texas Department of Criminal Justice records list him as having completed the 10th grade. His prior work was listed as ranch helper, painter, and laborer. He had no prior prison record before the capital murder case.

Herron was 18 years old at the time of the murders. He was familiar with the Lucich ranch in Refugio County because he and his father had lived on the property years earlier when his father worked there as ranch foreman. That earlier connection gave Herron knowledge of the ranch, the people who lived there, and the property layout.

The victims, Betsy Nutt and her 15-year-old son Cody Nutt, lived in a second trailer home on the same ranch property where the Lucich family lived. Herron’s co-defendant was Derrick Frazier. The case began as a planned burglary of the Lucich residence, but it escalated into robbery, arson, vehicle theft, and the fatal shootings of Betsy and Cody Nutt.

Murder Story

On June 25, 1997, Jermaine Herron and Derrick Frazier went to the Lucich residence in Refugio County, Texas. They claimed they were looking for work, but while inside the home they saw guns kept in plain view. They also learned that the Lucich family planned to be away the next day. Later that same day, Herron, Frazier, and Michael Brown discussed plans to burglarize the Lucich home and steal guns and Betsy Nutt’s truck.

That evening, Herron and Frazier first went to the ranch with Brown and Crystal Mascorro, but the plan was abandoned after a porch light came on. Brown later testified that once they were near the ranch, Herron began talking about killing someone, which caused Brown to want to turn back.

In the early morning hours of June 26, 1997, Herron and Frazier convinced Brown to drive them back to the ranch. Brown dropped them off and left. Herron and Frazier hid and waited until the Lucich family left at about 7:30 a.m. After the family left, they entered the Lucich home, burglarized it, collected guns and other property, and spent several hours waiting inside the residence.

At around 2:00 p.m., Betsy Nutt arrived at her trailer in her pickup truck. Herron and Frazier walked over to her home and told her that their car had broken down. They asked to use the phone. According to the Texas Court of Criminal Appeals, once inside the residence, they forced Betsy and Cody Nutt to get on their knees and shot both of them in the head. Shortly afterward, Herron called Michael Brown and said he had killed a woman and a little boy.

Additional appellate records in Frazier’s case described the shootings in more detail. In that account, Herron shot Cody Nutt and then handed the gun to Frazier, who shot Betsy Nutt. After the shootings, Herron and Frazier left in Betsy Nutt’s truck and returned to the Lucich residence, where they gathered stolen property and set the residence on fire.

When Jerry Nutt returned home, he found his wife and son dead. The investigation also revealed that the neighboring Lucich residence had been burglarized and set on fire, and that a pickup truck and numerous items, including guns, ammunition, sports equipment, and clothing, had been stolen. TDCJ records state that a sawed-off shotgun and a 9 mm pistol were used in the murders.

Herron surrendered to law enforcement on June 29, 1997. The Texas Court of Criminal Appeals later reviewed his statements to police, including issues involving his request for counsel and the admissibility of videotaped statements. The court found that one of the statements should not have been admitted, but it upheld the conviction after reviewing the full record.

Herron was tried for capital murder in April 1999. The State presented evidence that he shot and killed Betsy Nutt and Cody Nutt during the course of a robbery. After the jury answered the Texas capital sentencing special issues in a way that required a death sentence, the trial court sentenced Herron to death. The Texas Court of Criminal Appeals affirmed his conviction and sentence on October 9, 2002.

Herron’s later appeals were unsuccessful. His federal habeas litigation also failed, and his final appeal before execution challenged the method of execution by lethal injection. The United States Supreme Court rejected his last-minute appeal shortly before the execution.

Jermaine Herron was executed by lethal injection in Huntsville, Texas, on May 17, 2006. He was 27 years old. In his final statement, he addressed Jerry Nutt, apologized for the harm caused, said he hoped his death would bring peace, and told the family not to hold on to hate.