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Wilburn Anthony Henderson

d: 1998

Wilburn Anthony Henderson

Summary

Name:

Wilburn Anthony Henderson

Years Active:

1980

Status:

Executed

Class:

Murderer

Victims:

1

Method:

Shooting

Death:

July 08, 1998

Nationality:

USA
Wilburn Anthony Henderson

d: 1998

Wilburn Anthony Henderson

Summary: Murderer

Name:

Wilburn Anthony Henderson

Status:

Executed

Victims:

1

Method:

Shooting

Nationality:

USA

Death:

July 08, 1998

Years Active:

1980

Date Convicted:

February 2, 1982

“Yes sir, I am an innocent man. God forgive you for what you do.”


Wilburn Anthony Henderson

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Bio

Wilburn Anthony Henderson was born in 1942 in the United States. Before the murder of Willa Dean O’Neal, Henderson had a criminal history and a documented history of mental illness. Later federal court records stated that he had been diagnosed in the past with schizophrenia or a schizophrenic-type condition, although state examiners found no evidence of active psychosis around the time of the murder investigation.

In November 1980, Henderson became a suspect in the killing of Willa Dean O’Neal, who owned and operated a used-furniture store in Fort Smith, Arkansas, with her husband, Bob O’Neal. The case against Henderson was largely circumstantial.

A folded yellow piece of paper found on the floor near the victim’s body became the main physical evidence connecting Henderson to the store. The paper had phone numbers, a real estate agent’s name, and a description or floor plan of a lake cabin. Henderson had contacted the real estate agent about the cabin before the murder. Henderson admitted the paper was his but said he must have dropped it in the store days earlier.

Police also learned that Henderson had taken a .22-caliber pistol out of pawn shortly before the murder and had pawned it again after the murder. Ballistics evidence showed that O’Neal had been killed with a .22-caliber pistol, but experts could not conclusively identify Henderson’s gun as the murder weapon.

Henderson fled to Houston, Texas, after learning he was a suspect. He later gave police a statement saying he had been at the store but had only witnessed another man kill O’Neal. Henderson later recanted that statement and said it had been involuntary. He maintained that he was innocent.

Murder Story

On November 26, 1980, Willa Dean O’Neal was working at the family used-furniture store in Fort Smith, Arkansas. She and her husband, Bob O’Neal, owned the store together. The murder happened in the early afternoon, between about 1:40 p.m. and 2:00 p.m. O’Neal was found behind the counter. She had been shot once in the head with a .22-caliber handgun. The cash register was open, and at least $41 was missing.

Investigators found a folded yellow piece of paper on the floor near the body. The paper contained information connected to a lake cabin and a real estate agent. Police traced the paper to Wilburn Henderson, who had previously contacted the agent about the property. Henderson said the paper was his but denied dropping it there during the murder. Investigators also learned that Henderson had redeemed a .22-caliber pistol from a pawn shop shortly before the killing and returned it to pawn shortly afterward. The weapon used to kill O’Neal was a .22-caliber pistol, but ballistics tests could not prove that Henderson’s gun fired the fatal shot.

After learning he was a suspect, Henderson fled to Houston, Texas, where he was arrested. Police from Arkansas questioned him there. He told them he had been in the store when O’Neal was killed but claimed that another man, Ollie Brown, was the shooter. Henderson later recanted the statement, saying he gave it because he feared police would harm him. At trial, Henderson’s defense was that he had been in Springdale, Arkansas, at noon on the day of the murder and could not have driven to Fort Smith in time to commit the crime. His wife supported that alibi. The prosecution relied on the yellow paper, the .22-caliber gun evidence, Henderson’s flight, and his statement placing himself at the scene.

Henderson’s first trial ended in a mistrial because jurors had been exposed to extensive media publicity. At his next trial, he was convicted of capital murder on February 2, 1982, and sentenced to death. The Arkansas Supreme Court affirmed that conviction in 1983. Henderson later challenged the conviction in federal court. In 1991, the United States Court of Appeals for the Eighth Circuit affirmed the grant of habeas relief, finding that Henderson’s trial counsel had failed to investigate and present evidence implicating other possible suspects. The court focused mainly on Bob O’Neal, the victim’s husband, whose conduct and possible motives had not been fully explored at trial.

The evidence concerning Bob O’Neal included marital conflict, alleged violence, possible financial motive, ownership of a .22-caliber gun, suspicious statements, and his conduct on the day of the murder. The Eighth Circuit stated that the evidence created significant doubt about Henderson’s guilt and ordered the state to retry him or release him.

Arkansas retried Henderson. At the third trial, the defense presented evidence suggesting Bob O’Neal may have been involved. The prosecution responded with testimony from Clarence Wilson, a part-time employee, who said he saw Willa Dean O’Neal alive after her husband had left the store. That testimony weakened the defense theory. Henderson was again convicted of capital murder and sentenced to death. The Arkansas Supreme Court affirmed the final conviction in 1993, and the Eighth Circuit later denied further habeas relief in 1997.

Henderson continued to maintain his innocence. On July 8, 1998, the United States Supreme Court denied his stay application and petition for certiorari. He was executed by lethal injection in Arkansas later that day. His execution occurred on what would have been Willa Dean O’Neal’s 68th birthday.

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