Thomas James McCray
Deported to the U.S. by Canada
Now facing the death penalty at trial
Justice Department spokesperson Patrick Charette said if the U.S. government attempted to have
McCray extradited, Canada would have sought assurances he would not be executed. However,
Charette said Thursday, it turned out there was no extradition request and the death-penalty issue
never came up. Once the Immigration Department moved to deport Cray, it was out of Justice's hands...
Man deported to U.S. faces death penalty at trial
From a Saskatchewan correctional facility to, potentially, death row in
Ohio, it's been an eventful few months for accused killer and rapist
Thomas James McCray.
Earlier this month, Canadian authorities put McCray on a plane back to the
United States where, if convicted, he faces the death penalty.
McCray is the 21-year-old Ohio man who had been in custody at Saskatoon's
Regional Psychiatric Centre last fall when the TV show America's Most
Wanted aired a segment on him.
Viewers heard McCray was wanted for the murder of Stephanie Evans, 21,
whose body was found along the banks of an Ohio river in April 2001. Her
two-year-old son was found nearby unharmed.
At the time of the Nov. 4, 2002 broadcast, McCray had been using the name
Jason Lee Williams.
As Williams, he was convicted of robbery in December 2001 in Calgary and
sentenced to 2 years in a federal penitentiary.
Originally at Drumheller Institution, he was later transferred to the RPC
in Saskatoon.
Following the broadcast, several people who knew McCray, including his
Saskatoon girlfriend, blew the whistle on him.
The manhunt was over, but a debate over sending McCray to face a possible
death penalty was just beginning.
Justice Department spokesperson Patrick Charette said if the U.S.
government attempted to have McCray extradited, Canada would have sought
assurances he would not be executed.
However, Charette said Thursday, it turned out there was no extradition
request and the death-penalty issue never came up.
Once the Immigration Department moved to deport Cray, it was out of
Justice's hands, he said.
"It's totally an immigration case," Charette said.
Randy Gurlock, the director of Citizen and Immigration Canada in Edmonton,
said a deportation order was issued on Nov. 27, 2002.
The rules allowing Canada to send McCray back were clear, Gurlock said.
"He was a foreign national who had committed criminal offences in Canada,"
he said.
McCray had the right to challenge the deportation order to the Federal
Court of Appeal, but he didn't take that opportunity, Gurlock said.
As well, if McCray had wanted to raise the issue of the death penalty,
there was a 2nd procedure he was eligible for called a pre-removal risk
assessment.
A deportation can be canceled if the risk assessment determines the
subject is at risk of losing his life or at risk of "cruel or unusual
punishment."
Did McCray ask for a risk assessment -- likely his last chance to stay out
of the hands of U.S. authorities?
Gurlock said for privacy reasons, he couldn't confirm or deny if he did.
However, Immigration would certainly have informed McCray that he had the
right to apply, he said.
McCray completed 2/3 of his sentence and on April 11 received statutory
release.
By then, he had been moved back to a maximum-security facility in Alberta.
According to a National Parole Board decision sheet obtained by
Saskatchewan News Network, McCray (still known as Williams to the NPB) was
released with a single condition: sobriety.
"Substance abuse is a major factor in your criminal behaviour and any use
of intoxicants would increase your risk to reoffend," the April 1 decision
said.
According to Gurlock, after being released McCray was immediately handed
over to Immigration officials.
Shortly after, an RCMP officer and an immigration officer were escorting
him on a plane back to Ohio.
According to the April 16, Chillocothe (Ohio) Gazette, after McCray's
flight touched down at Port Columbus Airport, he was arrested and handed a
six-count indictment charging him with aggravated murder, aggravated
murder with special circumstances, kidnapping, child endangerment and
gross abuse of a corpse.
If convicted, the Ross County Sheriff's Department said, McCray faces the
death penalty.
McCray is now in jail in Ohio awaiting trial.
(sources: Saskatchewan News Network; Regina Leader-Post)
Thomas James McCray is in custody at the Ross
County Jail after arriving from Canada Tuesday.
McCray is the prime suspect in the April 2001 murder of Stephanie
Evans of Richmond Dale.
Faces death penalty
if convicted of Evans murder
By Lisa Roberson
Gazette Staff Writer
Thomas James McCray is in a cell at the Ross County Jail.
McCray is the prime suspect in the murder of Stephanie Evans, whose body was found along the banks of the Scioto River in April 2001. Evans' 23-month-old son was found unharmed nearby, strapped in a carseat by the side of the road.
When his Air Canada flight touched down at Port Columbus Airport, McCray did not say anything but was handed a six-count indictment that carries a death penalty sentence, if convicted, Ross County Sheriff Ron Nichols said.
McCray has been charged with one count each of aggravated murder, aggravated murder with special circumstances, rape, kidnapping, child endangerment and gross abuse of a corpse.
According to Nichols, Canadian officials said McCray's flight was uneventful.
McCray was brought back to the United States after serving time in jail in Saskatoon, Saskatchewan, Canada, for theft and breaking and entering. McCray was released from the Canadian jail on April 11 and held by Canadian immigration officials until his return fight to Ohio.
Sgt. Kevin Pierce and Lt. Tony Wheaten of the Ross County Sheriff's Office transported McCray from Franklin County Monday morning.
"He didn't have much to say, but said he was not pleased about facing the death penalty," said Pierce.
Pierce and Wheaten were also the officers who traveled to Canada after being tipped off that McCray was in jail there under the alias Jason Williams.
The two men interviewed numerous people who said they know McCray and were shocked he was wanted for murder.
Bringing McCray back to Ross County to face charges has always been a hope of Nichols, who said he worked tirelessly since the warrant was issued to bring the suspect back to Ohio.
"We had him tracked all the way to upper New York last year where we believe he jumped the border and entered Canada. The U.S/Canadian border was the only thing stopping us from getting our hands on him then," he said.
Nichols said the Canadian Mounted Police were notified but McCray went unnoticed because he didn't commit his crime in Canada until a month later.
Nichols said all the hard work has paid off.
"We feel better that we have him in custody, but a lot of work still needs to be done to get the right kind of closure to the family," said Nichols.
McCray's first court appearance will be in the coming days when he is arraigned in Ross County Court of Common Pleas. He will be held at the Ross County Jail until the case is brought to trial, which could take several months.
Until then, he will wear a red prison uniform and be fully shackled at court appearances to signify the severity of his charges, Nichols said.
The return may be the ending to the extensive search that featured McCray on a November broadcast of Fox's "America's Most Wanted," but it is just the beginning for Ross County prosecutors.
The Ross County Sheriff's Office spent about $10,000 to bring McCray back to stand trial, Nichols said.
The expense of the flight to and from Canada for the Canadian immigration officers as well as McCray was picked up by the sheriff's office.
"You can't put a dollar amount on a capital case," Nichols said.
Originally published Wednesday, April 16, 2003
UPDATED: 9:48 a.m. EDT April 15, 2003
CHILLICOTHE, Ohio -- A man indicted in the
slaying of a Richmond Dale woman was returned from Canada Monday
and is to face trial in Ross County. Ross
County Sheriff Ron Nichols said that Thomas James McCray is in the Franklin
County jail.
He said that a grand jury last week indicted McCray
on charges of aggravated murder, gross abuse of corpse, rape,
kidnapping and child endangering. The aggravated murder charge
carries a possible death sentence. The body of Stephanie Evans,
21, was found along a river bank about two years ago. Her 2-year-old
son was found abandoned nearby but he was unharmed. Authorities said
that McCray was using the name Jason Williams in Canada and was serving
a two-year sentence for burglary in Saskatoon, Saskatchewan. McCray
was identified after his case aired on "America's Most Wanted" and his
girlfriend called the show.
People can write or fax the Minister of Citizenship and Immigration to express their outrage at the handling of the McCray
case, urging the Minister to amend the procedures so that any deportation case will be handled in a manner that is consistent with
Canada's policy of opposition to the death penalty, regardless of whether or not the individual seeks a risk assessment review. Write
using your own words, ask the Minister to respond to your concerns, and provide your full contact information.
You may also send comments to the Honourable Denis Coderre at Minister@cic.gc.ca.
For a response, please include your return mailing
address.
The Honourable Denis Coderre, P.C., M.P.
Citizenship and Immigration Canada
Ottawa, Ontario
K1A 1L1
Fax: (613) 995-9755
copy correspondence to the MinisterSAMPLE LETTER :
of Justice. His contact info is:
The Honourable Martin Cauchon
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A 0H8
Fax: (613) 995-0114
Email: Cauchon.M@parl.gc.ca
Earlier this month, Canadian authorities put McCray on a plane back to the United States where, if convicted, he's facing the death penalty.
McCray is the 21-year-old Ohio man who had been in custody at Saskatoon's Regional Psychiatric Centre last fall when the TV show America's Most Wanted did a segment on him.
Viewers heard that McCray was wanted for the murder of Stephanie Evans, 21, whose body was found along the banks of an Ohio river in April 2001.
Her two-year-old son was found nearby unharmed.
At the time of the Nov. 4, 2002 broadcast, McCray had been using the name Jason Lee Williams.
As Williams, he was convicted of robbery in December 2001 in Calgary and sentenced to two years in a federal penitentiary.
Originally at Drumheller Institution, he was later transferred to the RPC in Saskatoon
Following the broadcast, several people who knew McCray, including his Saskatoon girlfriend, blew the whistle on him.
The manhunt was over, but a debate over sending McCray to face a possible death penalty was just beginning.
Justice Department spokesman Patrick Charette said that if the U.S. government had attempted to have McCray extradited, Canada would have sought assurances he would not be executed.
However, Charette said Thursday, it turned out there was no extradition request and the death penalty issue never came up.
Once the Immigration Department moved to deport McCray, it was out of Justice's hands, he said.
"It's totally an immigration case," Charette said.
Randy Gurlock, the director of Citizen and Immigration Canada in Edmonton, said a deportation order was issued on Nov. 27, 2002.
The rules allowing Canada to send McCray back were clear, Gurlock said.
"He was a foreign national who had committed criminal offences in Canada," he said.
McCray had the right to challenge the deportation order to the Federal Court of Appeal, but he didn't avail himself of that opportunity, Gurlock said.
As well, if McCray had wanted to raise the issue of the death penalty, there was a second procedure he was eligible for called a pre-removal risk assessment.
A deportation can be cancelled if the risk assessment determines the subject is at risk of losing his life or at risk of "cruel or unusual punishment."
Did McCray ask for a risk assessment -- likely his last chance to stay out of the hands of U.S. authorities?
Gurlock said that for privacy reasons, he couldn't confirm or deny if he did.
However, Immigration would certainly have informed McCray that he had the right to apply, he said.
McCray completed two-thirds of his sentence and on April 11 received statutory release.
By then, he had been moved back to a maximum-security facility in Alberta.
According to a National Parole Board decision sheet obtained by the Leader-Post, McCray (still known as Williams to the NPB) was released with a single condition: sobriety.
"Substance abuse is a major factor in your criminal behaviour and any use of intoxicants would increase your risk to reoffend," the April 1 decision said.
According to Gurlock, after being released, McCray was immediately handed over to Canadian Immigration officials.
Shortly after, an RCMP officer and an Immigration officer were escorting him on a plane back to Ohio.
According to the April 16, Chillocothe (Ohio) Gazette, after McCray's Air Canada flight touched down at Port Columbus Airport, he was arrested and handed a six-count indictment charging him with aggravated murder, aggravated murder with special circumstances, kidnapping, child endangerment and gross abuse of a corpse.
If convicted, the Ross County Sheriff's Department said, McCray faces the death penalty.
McCray is now
in jail in Ohio awaiting trial.
