God told suspect in gay killing to confess, deputies say

Mullins, top, and Butler Jr., bottom, reportedly confessed to killing Gaither  MESSAGE BOARD: Gay rights

March 5, 1999
Web posted at: 12:34 p.m. EST (1734 GMT)

ROCKFORD, Alabama (CNN) -- One of two men accused of killing an Alabama man because he was gay said God told him to admit to the crime, authorities said.

Steven Mullins, 25, and Charles Butler Jr., 21, have been charged with murder in the February 19 slaying of 39-year-old Billy Jack Gaither. Sheriff's investigators in Coosa County, southeast of Birmingham, say Mullins and Butler beat Gaither to death with an ax handle, then set his body ablaze on a pyre of old tires.

Sheriff's Deputy Al Bradley said both men have confessed to the killing. Bradley said Butler confessed Monday after a night in jail without sleep. Mullins, "while in jail on another charge, said God told him he needed to confess," Bradley said. "He had a jailer or a trusty go get the investigators," the deputy said.

The pair made plans to kill Gaither after he made a sexual advance toward them in early February, Bradley said.

"As Mullins said, he was approached by Gaither, and he just decided he was gonna stop it," Bradley said.

Gaither's family says they didn't know about his homosexuality.

"If my son was gay, he sure kept it secret," his father, Marion Gaither, said.

Friends dispute suspects' account

Authorities say Gaither was beaten to death with an ax handle, then his body was set on fire

Friends say Gaither didn't deny being gay. But in his hometown of Sylacauga, a textile mill town about an hour's drive from Birmingham, he didn't make it an issue, either. And some dispute the suspects' claim that Gaither made a sexual advance toward them.

Donna McKee, a waitress and bartender at a bar Gaither frequented on weekends, said Gaither was a gentle, caring man who didn't try to push himself on anyone.

"He was a good person. He didn't deserve this," she said.

The bar's owner, Marian Hammonds, also did not think Gaither would make unwanted advances.

Gaither worked in a local textile mill and lived at home because he promised his parents he would take care of them. Marion Gaither suffered from numerous medical problems, including a heart attack and trouble with his breathing. He said his son never missed a day of work, except to care for him.

The crime has drawn comparisons to the October 1998 killing of Matthew Shepard, a gay student at the University of Wyoming. The two men charged with Shepard's murder were accused of luring him out of bar, assaulting and pistol- whipping him and leaving him lashed to a fence in near- freezing temperatures.

Bradley and Sheriff's investigator Kelley Johnson said that, under questioning, the Alabama suspects provided harrowing details of the killing and seemed relieved to be telling the story, but they showed no remorse.

According the account Mullins and Butler provided, Gaither had been "coming on" to them for about two weeks prior to the slaying. The day of the killing, Mullins called Gaither to get together in Sylacauga, about 40 miles southeast of Birmingham.

Remains dumped on rural road

Top, Peckerwood Creek, where Gaither's body was found, bottom, Gaither's burned car

That night, Gaither picked up Mullins in his car and they then drove to a bar called The Frame, where they picked up Butler. The three then drove to a remote area, where Mullins and Butler beat up Gaither, stuffed him in the trunk of his car and went for supplies.

"They got the kerosene, they got matches, they got tires from the back of the residence, and they got the ax handle," Johnson said.

From there, they went to a creek in neighboring Coosa County, doused the tires with kerosene and set them ablaze, authorities said.

"They started the fire as they pulled Gaither out of the car," Johnson said. "When Gaither got out of the car, he stood up, and that's when he was beaten to death." Gaither's body was then thrown onto the burning tires, Johnson said.

The ax handle's charred remains were later found in the embers of the fire. Coosa County coroner Alan Wingfield said the cause of death was a blow to the head with a blunt object.

The two suspects later retrieved one of their cars and took Gaither's car to another rural spot, where they set it ablaze. A passerby found Gaither's charred remains on a dirt road.

"Regardless of his personal life or anything, he don't deserve to be killed for this," said Randy Gaither, the victim's brother. "To me, it's just a hate thing."

Even if prosecutors can prove the killing was motivated by Gaither's sexuality, it isn't a hate crime under Alabama law, which doesn't specify such crimes as hate crimes. But with the murder charges filed against them, both men could face the death penalty if convicted.

Gaither's father said he opposed the death penalty. "But I hope they get life without parole," he said.

Correspondent Brian Cabell and The Associated Press contributed to this report.

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