Office of the Attorney General News Release Archive

Wednesday, September 6, 2000

MEDIA ADVISORY

Ricky Nolen McGinn scheduled for execution

AUSTIN - Texas Attorney General John Cornyn offers the following information on Ricky Nolen McGinn who is scheduled to be executed after 6 p.m. on September 27th.

Ricky McGinn was convicted and sentenced to death for the May 1993 murder of his 12 year-old stepdaughter Stephanie Flanary.

Police found Stephanie's body three days after Stephanie's mother left Stephanie with McGinn while she traveled to Arlington. Stephanie's body was found about three miles from the McGinn home in a culvert off Highway 183 in Brownwood, Texas. Stephanie had been raped and beaten in the head with the blunt end of an ax.

McGinn told police that he spent the day working on his truck and fishing. McGinn said he and Stephanie fished and drank beer together, enough to make Stephanie sick. McGinn claims that Stephanie fell asleep after drinking, woke up and went on a walk, and never returned. McGinn said that after he realized Stephanie was missing late that afternoon, he told a friend of his, but McGinn did not call the police about Stephanie's disappearance until 9:30 that night.

The next day police, with trained search dogs, searched McGinn's car. Police discovered numerous blood splatters in McGinn's car, which he maintained were from the fish he caught. However, testing identified the blood as human. The blood splatters matched Stephanie's blood type, as did blood from clothes McGinn had been wearing.

McGinn was subsequently arrested. The suspected murder weapon (an ax) was later found in a pickup truck on McGinn's property.

EVIDENCE

  • Blood splatters found in McGinn's car, matched Stephanie's blood type.
  • Hair sticking to a blood stain in the car had the same microscopic characteristics as Stephanie's.
  • DNA tests performed by DPS on blood from an ax found under the seat of McGinn's truck, matched the blood on the ax to Stephanie's blood type.
  • Tests performed by DPS on hair found on the ax determined the hair had the same microscopic characteristics as Stephanie's hair.
  • Blood stains found on McGinn's jeans matched Stephanie's blood type.
  • Post-conviction DNA testing by prosecution and defense experts, matched sperm and pubic hairs found on Stephanie's body to McGinn.

APPEALS TIME-LINE

  • Jan. 21, 1998 - Court of Criminal Appeals affirmed McGinn's conviction and death sentence.
  • July 8, 1998 - Court of Criminal Appeals denied McGinn habeas corpus relief.
  • Nov. 2, 1998 - McGinn's petition for writ of certiorari was denied by the United States Supreme Court.
  • Jan. 20, 1999 - District court denied habeas relief and denied permission to appeal on Feb. 24, 1999.
  • Oct. 22, 1999 - U.S. Court of Appeals for the Fifth Circuit denied permission to appeal.
  • Nov. 2, 1999 - McGinn filed a petition for writ of certiorari to the U.S. Supreme Court which was denied on Feb. 22, 2000. McGinn also filed a second state application for habeas relief which was dismissed by the Court of Criminal Appeals on Mar. 29, 2000.
  • June 1, 2000 - McGinn was scheduled to be executed, but received a reprieve from the Governor's office so additional DNA tests could be conducted.
  • Aug. 15, 2000 - DNA test results are released and confirm that McGinn is the person who raped and murdered 12 year-old Stephanie Flanary. New execution date of Sept. 27, 2000 is set.

CRIMINAL HISTORY

  • Evidence was introduced at trial that on Aug. 1, 1986, McGinn threatened Pamela Adams with a knife and forced her into sexual acts with him.
  • Evidence was also introduced at trial that in April of 1985, McGinn assaulted Sonya Vaughn, a sophomore at Abilene Christian University, when she refused to have sex with McGinn.
  • Latasha McGinn, McGinn's biological daughter, testified that McGinn sexually assaulted her in 1987, when she was three or four years old. McGinn threatened to kill his daughter and her mother if Latasha McGinn told anyone about the incident. A couple of years later, when Latasha's mother, Imogene Bible, tried to prevent McGinn from visiting her daughter alone, McGinn threatened to beat Bible to death.
  • McGinn is currently the lead suspect in two other rape/murders that pre-date this capital murder and authorities hope that DNA testing will also help confirm McGinn's guilt in those cases, for which he has never been tried.

SCHEDULED EXECUTIONS:

    10/04/00 Stacey Lamont Lawton (Smith County)
    11/01/00 Jeffrey Dillingham (Tarrant County)
    11/08/00 Gary Wayne Etheridge (Brazoria County)
    11/09/00 Miguel Angel Flores (Hutchinson County)
    11/15/00 Tony Chambers (Smith County)
    12/05/00 Gary Dean Miller (Jones County)

MISCELLANEOUS

If this execution is carried out it will be the 232nd execution since executions resumed in Texas in December 1982 and the 69th since Attorney General Cornyn took office.

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Contact Mark Heckmann, Heather Browne, or Tom Kelley at (512) 463-2050
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