The Facts

DA drops charges in ’80 death

By John Tompkins
The Facts

Published April 13, 2007

ANGLETON — Charges were dropped Thursday against two alleged conspirators who were accused of playing a role in the slaying of an Old Ocean welder in 1980.

Citing that one of the alleged conspirators was acquitted by a jury in October, Brazoria County District Attorney Jeri Yenne said she did not believe the chances were good to convict Lottie “Marie” Gillespie, 59, of Westwego, La., and Carolyn Ashley, 64, of Converse, La.

Gillespie and her husband Kevin “Pat” Gillespie, 59, were accused of shooting and stabbing Desmond Earle Payne while he slept in his trailer home in 1980. Both had been charged with murder. Ashley and Barbara McKenzie, Lottie Gillespie’s sister, were accused of criminal solicitation of murder.

Brazoria County Sheriff’s investigators reopened the case in 2001 after receiving a Crime Stoppers tip. Investigator Richard Foreman, not the patrol captain, said the tip had confirmed what former investigators suspected.

In 2002, Marie and Pat Gillespie, Ashley and McKenzie, 62, of Baker, La., were arrested and indicted.

Pat Gillespie was acquitted in a jury trial last year. His attorney, Stan McGee, said after the trial there was not a lot of evidence and he was surprised it ever went to trial.

“They never did find the gun or any other evidence,” McGee said Thursday.

McKenzie and her son both testified against Gillespie in the trial. McKenzie agreed to a plea deal with prosecutors for seven years probation.

She testified she had helped orchestrate a deal with the Gillespies and Payne’s wife, Opal Payne, to have Desmond Payne murdered.

On cross-examination by McGee, McKenzie admitted to lying to police about the conspiracy in the years after Payne’s death.

Marie and Pat Gillespie did not answer calls seeking comment about the case Thursday.

Marie did say after the trial in October that she was happy her husband was acquitted.

The evidence against the remaining suspects likely was not enough to sustain a conviction, said Yenne.

“There was a serious credibility issue that I did not feel was going to get better,” she said.

Foreman said he was happy to have the one conviction for McKenzie and that he respected Yenne’s decision.

“I hope this brings some closure to Earl Payne’s family,” he said.

Earl Payne’s daughter, Jan Williams of Houston, said she was disappointed by the decision to drop the charges, and Pat Gillespie’s acquittal was hard to deal with.

Despite what has happened since the case resurfaced six years ago, Williams said those responsible for her father’s death will have to answer to higher authority.

“I believe in a higher judge,” she said. “I have peace in my heart. I don’t have any hate in my heart.”

Williams said she recently received a letter from McKenzie asking her for forgiveness.

“I do forgive her,” Williams said. “And I believe God has forgiven her too.”

John Tompkins covers the Brazoria County Courthouse for The Facts. Contact him at (979) 849-8581.