Early in the morning of November 10, 1990, appellant Douglas

Christopher Thomas shot and murdered J.B. and Kathy Wiseman as

they slept in their home in Middlesex County, Virginia. At the time

of the murders, Thomas, who was then 17, was living nearby with his

aunt and uncle, Brenda and Herbert Marshall, and his niece, Lanie

Creech, then 12.

Thomas murdered the Wisemans at the behest of their daughter,

Jessica, then 14, whom he was dating, because the Wisemans had

been threatening to break up their relationship. On November 6, a few

days before the murders, Creech overheard Thomas plotting with Jes-

sica to "[g]et[ ] rid of her parents." Jessica asked Thomas "if he had

enough bullets"; Thomas said that he did. Jessica Wiseman and

Thomas then set a time to meet at the Wisemans' house in order to

carry out the murders.
At some point during the week before the murders, the Marshalls,

with whom Thomas was living, traveled to Roanoke, Virginia, on a

hunting and fishing trip. In order to ensure that the Marshalls did not

return unexpectedly and thereby disrupt the plan to murder the Wise-

mans, Thomas drove to Roanoke and cut the brake lines on the Mar-

shalls' truck.On November 9 -- the night of the murders -- Thomas admitted

to Creech that he was "going over to Jessica's . . . [t]o kill two peo-

ple." Thomas told Creech that his plan was to go over to the Wise-

mans' house, shoot the Wisemans, and return home and pretend to be

sleeping; Jessica would then come to the Marshalls' house and bang

on the door in feigned panic.
Thomas then returned to Jessica's bedroom. Despite her horrific

injury, Kathy Wiseman was not immediately killed, but managed to

walk down the hall to Jessica's bedroom in order to check and see

whether her daughter was OK. Upon seeing her mother standing at

the doorway to her bedroom, Jessica yelled, "Oh God, Chris, please

shoot her again." According to his subsequent confession, Thomas

obliged her request, shooting Kathy Wiseman again in the head and

this time killing her instantly. Thomas then returned home; a short

time later, Jessica carried out the final stage of the plan, going to the

Marshalls' house and banging on the door in feigned panic. Later that

same day, Thomas confessed to both murders.After talking to Creech,
Thomas left his house with a shotgun

loaded with buckshot and went over to the Wisemans' house, stop-

ping along the way to smoke marijuana. Upon reaching the house,

Thomas climbed in through the window of Jessica's bedroom, and

briefly stopped to talk to Jessica and smoke more marijuana. Thomas

then went to the Wisemans' bedroom. There, he shot J.B. Wiseman

once in the head at close range, killing him instantly. He next pro-

ceeded to shoot Kathy Wiseman in the head, essentially destroying

the left side of her face.
Thomas pled guilty to the first-degree murder of J.B. Wiseman and

related firearms charges, and not guilty to the capital murder of Kathy

Wiseman and related firearms charges. He was tried for the murder

of Kathy Wiseman as an adult. On Friday, August 23, 1991, a jury

3

found Thomas guilty on all counts. On Monday, August 26, the same

jury sentenced Thomas to death, finding as an aggravating factor that

his conduct in committing the murder was vile, horrible, or inhuman,

and finding no mitigating circumstances. See Va. Code § 19.2-264.2.

On November 11, the trial judge imposed the death sentence and sen-

tenced Thomas to a further sixty-seven years in prison for the murder

of J.B. Wiseman.2