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Troy Leon Gregg

Troy Leon Gregg (April 1948 – July 29, 1980) was an American criminal convicted of two counts of murder and armed robbery, whose death sentence formed the basis of the U.S. case (1976), which upheld the constitutionality of under Georgia's post-Furman statutes and enabled the resumption of executions nationwide. A drifter with a history of petty crime, Gregg and a juvenile accomplice robbed and fatally shot two men who had offered them a ride while in , on November 21, 1973. Tried in the of Gwinnett County, Gregg was found guilty by a on all counts and sentenced to death for each in 1974; the Supreme Court affirmed the convictions and sentences, prompting an appeal to the U.S. on Eighth Amendment grounds. In a 7–2 decision, the Court ruled that Georgia's bifurcated trial procedure and appellate review provided sufficient guidance to juries to avoid arbitrary application of the death penalty, distinguishing it from the discretionary regimes invalidated in (1972). The ruling marked the first post-Furman affirmation of a death sentence, rejecting claims that inherently violated the Cruel and Unusual Punishments Clause. Scheduled for execution by on July 29, 1980, Gregg escaped from 's Diagnostic and Classification Prison the previous night alongside three other inmates by disguising themselves in guard uniforms fashioned from bedsheets. Hours later, he was killed in a physical altercation at a nearby bar, reportedly shot during a fight over a , thus evading state-imposed execution but meeting a violent end independently of his sentence.

Early Life and Background

Family and Upbringing

Troy Leon Gregg was born in 1948 in , to George Samuel Gregg (1916–1999) and Christine Holcombe (1929–1972), who married on April 4, 1947, in the same county. His parents' union produced at least three children, including Gregg and two sisters who survived him. Gregg's mother remarried after separating from his father, adopting the surname . Details of his childhood and family dynamics remain sparse in available records, with no documented indications of unusual circumstances influencing his early development. By his mid-20s, Gregg had relocated to the , engaging in transient activities such as .

Prior Criminal Record

Troy Leon Gregg had no prior criminal convictions or significant history of criminal activity before the offenses committed on November 21, 1973. During oral arguments before the U.S. , counsel for the petitioner explicitly noted that Gregg lacked a prior record, distinguishing his case from others involving repeat offenders. 's statutory sentencing framework considered the absence of prior criminal activity as a potential , which aligned with Gregg's background at age 25, when he was hitchhiking with minimal funds and no documented arrests or prosecutions predating the incident. Neither the Supreme Court opinion nor the U.S. decision referenced any earlier offenses, and no aggravating factors related to prior convictions were applied during sentencing.

The Crimes

Hitchhiking and Robbery Setup

On , 1973, Troy Leon Gregg, aged 25, and his traveling companion Floyd Ralford "Sam" Allen, aged 16, were northward in , possessing only $8 between them. They were picked up by Fred Edward Simmons and Bob Durwood "Tex" Moore, who were driving north in their vehicle. The group's vehicle broke down approximately 240 miles north of on the Florida Turnpike, prompting Simmons to purchase a used red and white with cash, allowing them to continue the journey. En route, they picked up another hitchhiker, , at the of I-10 and I-75. Weaver rode with them until being dropped off around 11:00 p.m. at I-85 and North Druid Hills Road in Atlanta, . As the remaining four proceeded along toward , Gregg observed that Simmons and Moore carried substantial cash, which Allen later testified motivated the ensuing plan. Upon reaching the intersection of and I-85 in Gwinnett County, the group stopped for a rest break, with Simmons and Moore exiting the vehicle. At this point, Gregg informed Allen, "we're going to rob them," signaling his intent to perpetrate an armed robbery against the men who had provided them transportation.

Murders of Fred Simmons and Bob Moore

On November 21, 1973, Troy Leon Gregg, aged 25, and his traveling companion, 16-year-old Floyd Allen, were hitchhiking northward from Florida toward Asheville, North Carolina, when they were picked up by Fred Edward Simmons and Bob Durwood Moore in a Buick automobile. The group proceeded driving into Georgia, where Gregg and Allen, armed with a .22-caliber pistol, decided to rob Simmons and Moore of their money and vehicle. The robbery occurred after the group stopped along a rural road near . Simmons and Moore were ordered out of the car at gunpoint. While outside the vehicle, Simmons was shot once in the left eye, and Moore was shot twice—once in the right cheek and once in the back of the head—with the .22-caliber weapon. Both victims died from their wounds; their bodies were discovered the following morning in a roadside ditch by passersby, who alerted authorities. Gregg and Allen then fled in the stolen , taking approximately $15 and other items from the victims. Gregg later confessed to the shootings during police interrogation, admitting he fired the fatal shots but claiming self-defense against Simmons, whom he alleged attacked him, and that he shot Moore to protect Allen from an assault. Ballistic evidence confirmed the .22-caliber pistol recovered from Gregg matched the bullets extracted from the victims' bodies. The murders were prosecuted as armed robbery and capital felonies in Gwinnett County Superior Court, where the bodies had been transported for autopsy and the case venued due to jurisdictional factors.

Trial and Initial Sentencing

Prosecution and Defense in Gwinnett County

The trial of Troy Leon Gregg for the murders and armed robberies of Fred Edward Simmons and Bob Durwood Moore took place in a bifurcated proceeding in the of , consisting of a guilt-innocence phase followed by a separate sentencing phase for the capital charges. In the guilt phase, the prosecution presented eyewitness testimony from hitchhiker Dennis Weaver, who identified Gregg, his accomplice Floyd Allen, and the victims' red-and-white 1960 Pontiac vehicle. Allen testified that Gregg initiated the robbery by pulling a gun on the victims after they picked up Gregg and Allen while hitchhiking, then shot Simmons and Moore multiple times—including initial shots to the body followed by headshots—to eliminate them as witnesses, after which Gregg took their money and drove away in their car. Physical evidence included Gregg's arrest three days later in Asheville, North Carolina, in possession of the victims' Pontiac, a .25-caliber pistol matching ballistics from the crime scene, and $107 in cash taken from the victims; autopsies confirmed the victims died from close-range gunshot wounds to the head and face. Gregg's own custodial statements admitted to the shootings, stating "By God, I wanted them dead" and corroborating Allen's account of the events. The prosecution argued the killings constituted premeditated murder committed during armed robbery, emphasizing the deliberate elimination of witnesses to the theft. Gregg's defense centered on a claim of , asserting that Simmons and attacked him and Allen with a pipe or knife after the group stopped, forcing Gregg to shoot in protection of himself and without intent to kill. The trial court instructed the jury on felony , nonfelony theories, and but declined to charge on , ruling the evidence supported either or rather than provocation reducing the offense. During the sentencing phase, the prosecution highlighted the aggravating circumstances of the murders occurring in the course of and for pecuniary gain (money and the automobile), underscoring the strength of the guilt-phase evidence and the witness-elimination motive to argue for death. The defense, while not disputing the conviction, argued against by raising doubts about potential errors in the evidence and portraying Gregg's actions as lacking the requisite malice for execution, with both sides delivering extended arguments on the appropriateness of the death penalty under Georgia law and the balance of aggravating versus any mitigating factors. The jury found the statutory aggravating circumstances proven beyond a and imposed two death sentences.

Jury Verdict and Death Sentence Imposition

The trial of Troy Leon Gregg in the of , followed a bifurcated procedure under Georgia's capital sentencing statute enacted after . In the guilt-innocence phase, the jury convicted Gregg of two counts of armed robbery and two counts of based on including his confessions, recovery of a .25-caliber matching the murder weapon, and accomplice testimony detailing the robbery and shootings of victims Fred Simmons and Bob Moore. During the separate sentencing phase, no additional evidentiary testimony was introduced, but both the and Gregg's presented arguments to the , which received instructions from the trial judge on statutory aggravating and mitigating circumstances. The determined that two aggravating circumstances applied to each : that they were committed while Gregg was engaged in the commission of , and that they were committed for pecuniary gain (specifically, money and an automobile). Guided by Georgia Code Ann. § 27-2534.1, which required the jury to weigh aggravating factors against any mitigating evidence and recommend death if it found the former to outweigh the latter beyond a reasonable doubt, the jury returned verdicts recommending the death penalty for both murders. The trial judge then imposed consecutive death sentences for the murders, as well as for the armed robberies, in accordance with the jury's recommendation on the capital counts.

Appeals and Gregg v. Georgia

Georgia State Court Appeals

Following his conviction and death sentences in the Superior Court of Gwinnett County on November 21, 1973, Troy Leon Gregg exercised his automatic right to appeal capital convictions under Georgia law to the Supreme Court of Georgia. The appeal challenged the sufficiency of evidence for the murders, admissibility of confessions and physical evidence, jury instructions on aggravating circumstances, and the proportionality of death sentences relative to armed robbery penalties under Georgia's bifurcated trial system enacted post-Furman v. Georgia. On October 17, 1974, in Gregg v. State, 233 Ga. 117, 209 S.E.2d 661, the unanimously affirmed the two convictions and corresponding death sentences, holding that the evidence—including Gregg's voluntary confession, ballistics matching his .22-caliber rifle to the victims' wounds, and testimony from his juvenile accomplice—amply supported the verdicts and warranted given the deliberate nature of the killings during an armed robbery. The court upheld trial court rulings excluding certain defense evidence as irrelevant and found no error in jury charges emphasizing statutory aggravating factors, such as the murders occurring during felonies. Conversely, the court vacated the death sentences on the two armed robbery counts (to which Gregg pled guilty), ruling them disproportionate to sentences in similar cases and unsupported by distinct aggravating circumstances beyond those tied to the murders, remanding for resentencing to . Gregg's motion for rehearing was denied on October 29, 1974, exhausting direct state appeals and paving the way for federal habeas review. This decision validated Georgia's revised death penalty scheme's guided in sentencing while narrowing its application to avoid condemned in Furman.

U.S. Supreme Court Proceedings

Gregg petitioned the for a writ of following the Supreme Court's affirmation of his convictions and death sentences on the murder counts on October 17, 1974. The petition challenged the imposition of under Georgia's revised statutes as violative of the Eighth Amendment's prohibition on , as incorporated by the , in light of the Court's prior ruling in (1972). The Supreme Court granted , docketed as No. 74-6257, limiting review to the constitutional validity of the death sentences. The case was consolidated for argument with four companion challenges to post-Furman death penalty statutes from , , , and . Oral arguments occurred on March 31, 1976, during the Court's 1975 term. G. Hughel Harrison, who had represented Gregg at , argued on behalf of the petitioner, contending that 's bifurcated sentencing procedure retained the arbitrary and discriminatory application condemned in Furman. Counsel for the State of defended the statute's guided and appellate safeguards as remedying prior defects. The arguments focused on whether the new procedures sufficiently narrowed the class of death-eligible offenses and channeled jury sentencing to avoid caprice.

Ruling, Dissents, and Establishment of Precedent

In Gregg v. Georgia, 428 U.S. 153 (1976), decided on July 2, 1976, the U.S. Supreme Court affirmed the Georgia Supreme Court's upholding of Troy Leon Gregg's convictions and death sentences for murder and armed robbery by a 7-2 vote. The Court held that the imposition of the death penalty under Georgia's revised capital sentencing statute did not violate the Eighth Amendment's prohibition on cruel and unusual punishment or the Fourteenth Amendment's Due Process and Equal Protection Clauses, rejecting Gregg's argument that the penalty was per se unconstitutional following Furman v. Georgia (1972). The lead plurality opinion, authored by Justice Stewart and joined by Justices Powell and Stevens, emphasized that for deliberate murder is not inherently cruel and unusual, provided state procedures guide and channel jury discretion to minimize arbitrariness. Georgia's bifurcated trial process—separating guilt and sentencing phases—along with requirements for proving statutory aggravating circumstances, weighing mitigating factors, and mandatory appellate proportionality review, were deemed sufficient safeguards. Burger and Justice Rehnquist joined the judgment in relevant parts, while Justice Blackmun concurred separately, and Justice White concurred in the judgment but wrote independently, arguing that supported the penalty's deterrent value without requiring proof of it for constitutionality. Justices Brennan and Marshall dissented, maintaining their positions from Furman that the death penalty constitutes in all circumstances due to its lack of unique retributive or deterrent justification, excessive severity, and inevitable risk of erroneous application. Brennan criticized the majority for deferring to legislative judgments without rigorous scrutiny of the penalty's moral and practical flaws, while reiterated that it degraded human dignity and reflected societal biases. The decision established key precedents for Eighth Amendment jurisprudence in capital cases, overruling Furman's effective moratorium on executions by permitting states to reinstate the death penalty if statutes incorporated "guided discretion" mechanisms, such as narrowing eligibility through aggravating factors and allowing individualized sentencing via mitigating evidence. It invalidated mandatory death penalty schemes lacking discretion but upheld bifurcated procedures and appellate safeguards, influencing statutes in over two-thirds of states and enabling the first post-Furman execution in 1977. This framework required that death-eligible murders be limited to those with specific aggravating traits, ensuring the penalty was not imposed capriciously while preserving jury consideration of defendant-specific factors.

Imprisonment on Death Row

Conditions and Daily Life

Troy Leon Gregg was confined to at in Reidsville from his 1974 sentencing until his escape on July 28, 1980. inmates, including Gregg, were housed in single cells within a segregated unit known as the "," designed for maximum security and isolation from the general population. This setup limited interpersonal contact, contributing to psychological strain amid pending executions. Daily routines for death row prisoners at Reidsville emphasized confinement, with inmates locked in their cells for approximately 22-23 hours per day. Meals were served in-cell, recreation consisted of brief outdoor exercise periods in enclosed areas, and showers were infrequent and supervised. Access to educational or vocational programs was restricted or unavailable, as death-sentenced individuals were generally excluded from such rehabilitative opportunities. visits, when permitted, occurred through barriers with limited duration, while legal consultations allowed slightly more flexibility due to ongoing appeals. Broader prison conditions at Reidsville during the 1970s included , inadequate , substandard medical care, and high levels of inmate violence, as ruled unconstitutional in litigation examining Georgia's correctional facilities. segregation offered some protection from general population assaults but did not mitigate systemic issues like poor food quality and guard oversight failures, which facilitated events such as the 1980 involving Gregg and three others. Reports from the era highlighted degrading living standards and brutality, though 's isolation amplified over physical confrontations.

Execution Scheduling

Following the U.S. Supreme Court's affirmation of his death sentence in Gregg v. Georgia (1976) and the resolution of subsequent state-level challenges, Troy Leon Gregg's execution was formally scheduled for July 29, 1980. The Gwinnett County Superior Court, which had presided over his original trial, issued a death warrant specifying electrocution as the method, to be carried out at Georgia State Prison in Reidsville. This warrant adhered to Georgia's post-Furman procedures, which required setting an execution date typically 30 to 60 days after appeals were exhausted, though Gregg's case had been delayed by four years of litigation testing the constitutionality of capital sentencing. The scheduling reflected Georgia's resumption of after the 1972 Furman v. Georgia moratorium, with Gregg's case serving as the procedural template under the state's bifurcated trial system upheld by the . No stays were granted in the immediate lead-up to the date, positioning July 29 as the first potential post-Gregg execution in the state, though none had occurred since the ruling due to ongoing procedural validations. Preparations included final legal reviews and prison protocols for the , standard for the era before lethal injection's adoption.

Escape and Immediate Aftermath

The July 28, 1980 Breakout

On July 28, 1980, Troy Leon Gregg escaped from the unit at in Reidsville, marking the first successful breakout from the facility's section. Gregg, whose execution by had been scheduled for the following day, July 29, participated alongside three other condemned inmates: Timothy McCorquodale, convicted of in 1974; Johnny L. Johnson; and David Jarrell. The inmates sawed through the bars of a in their maximum-security housing area, exploiting the structure's vulnerabilities during the overnight hours. Reports indicate they may have fashioned disguises from available materials to facilitate their initial evasion of detection post-, though primary accounts emphasize the physical breach of the bars as the key mechanism. The was not detected until early the next morning, prompting an immediate from officials and activation of a multi-agency involving state and federal authorities. Col. William A. Kimbrough, at the time, confirmed the involved four prisoners, underscoring the incident's rarity and the heightened security protocols in place for such .

Pursuit and Short-Term Flight

Following the discovery of the escape early on , 1980, officials immediately notified state law enforcement, initiating a large-scale for the four inmates, including Troy Leon Gregg. The effort involved coordination between the Department of Offender Rehabilitation, state troopers, and local sheriffs' departments, with the escapees described as armed, dangerous, and likely headed for urban areas or out of state. Roadblocks were established on highways near Reidsville, and descriptions of the fugitives—emphasizing Gregg's high profile from Gregg v. Georgia—were disseminated through media broadcasts and teletype alerts to neighboring states. Some reports indicate Gregg contacted a reporter at the Albany Herald shortly after breaking out, boasting of the escape, which prompted the journalist to alert authorities and potentially hastened the manhunt's mobilization. Initial searches focused on the prison's perimeter and surrounding rural terrain, including woods and fields southeast of Reidsville, where bloodhounds and helicopters were deployed to track scents and footprints left by the group. However, the escapees evaded early detection by moving swiftly on foot through the night, possibly acquiring transportation soon after to extend their lead. Gregg's flight proved extremely brief, lasting less than 24 hours, as he remained with at least some companions—Timothy McCorquodale and others—before a fatal confrontation intervened. The group appears to have traveled northward from , reaching a remote location where Gregg engaged in the altercation leading to his death on July 29, 1980, outpacing the pursuit but not its scope. No confirmed sightings of Gregg occurred during this interval, limiting post-escape tracking to general assumptions of or vehicle theft based on the escapees' profiles and the rural starting point. The continued for the remaining fugitives, two of whom were captured days later and charged in connection with Gregg's demise.

Death and Closure

Bar Fight Confrontation

Following his from on the night of July 28, 1980, Troy Leon Gregg crossed into , where he entered a roadside or frequented by motorcyclists. Accounts describe Gregg as heavily intoxicated upon arrival, leading him to make aggressive or unwanted advances toward a female patron. This provoked a violent response from at least one male individual present, who intervened in defense of the woman, escalating the situation into a brutal physical . The fight resulted in Gregg sustaining extensive blunt force trauma, including repeated blows to the head, face, and , consistent with an unarmed but severe beating. No weapons were reported in the primary altercation, though the intensity overwhelmed Gregg, who lacked the capacity to defend himself effectively in his impaired state. Fellow escapees may have been nearby but did not intervene, according to varying reports of the group's movements post-escape. The confrontation ended with Gregg's assailants or associates disposing of his body in the , where it was recovered two days later near Asheville. Medical examination confirmed the cause as via suffocation, resulting from and swelling obstructing airways due to the sustained. No formal charges arose from the incident, with details relying on recollections and linking it to Gregg's identity.

Cause of Death and Burial

Gregg's body was recovered from a lake in , on July 29, 1980, the day after his from Georgia Diagnostic and Classification Prison. The determined the as suffocation resulting from severe swelling and trauma inflicted during a beating. Accounts of the fatal incident differ, with some describing a spontaneous involving Gregg and unidentified parties, while others indicate he was killed by one or more of his fellow escapees—Terreance Ashlock, Charles Grant, or —possibly over a dispute regarding plans or shared resources. No arrests were made in connection with his death, and the precise sequence of events remains unclarified due to lack of witnesses coming forward. Gregg was buried at Locust Grove Baptist Church Cemetery in Weaverville, .

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