October 26, 2012 http://www.timesrecordnews.com
A federal magistrate judge for the Northern District of Texas, Paul D. Stickney, is trying to decide what will happen with the death penalty case of convicted serial killer Faryion Wardrip in the appeals process.
Wardrip was sentenced to death in 1999 after being convicted of the murder of 20-year-old Terry Sims. He received life sentences for three other murders — Toni Gibbs, Ellen Blau and Debra Taylor.
Wardrip murdered at least four women in the North Texas area in the mid-1980s. The cases were unsolved for years.
Wichita Falls District Attorney Maureen Shelton was in Dallas on Wednesday to hear the appellate hearing.
The Texas Court of Criminal Appeals confirmed the death penalty decision.
“Once that happens, it switches over, and they can file a federal writ,” Shelton said. “The federal writ was filed Dec. 31, 2002.”
A district judge, Joe Fish, passes the case to Stickney, who makes a ruling on the case. Fish then decides whether to adopt the decision.
In July, 2008 Stickney ruled that he would allow a new punishment hearing because the defense attorney wasn’t effective, Shelton said. Fish approved the ruling April 19, 2010.
“Once that happened, the state of Texas is represented by the attorney general’s office in federal court.
The attorney general’s office appealed that decision to the Fifth Circuit, which is controlling over our area in New Orleans. The Fifth Circuit agreed with the state of Texas and vacated the district judge’s order,” Shelton said.
On June 10, 2011 Stickney and Fish were instructed by the Fifth Circuit to rework the case. Wednesday’s hearing is the result of the previous decisions.
“Once the magistrate issues his next ruling, and if the district judge adopts that, then the losing party, odds are, will appeal it,” Shelton said.
If the Fifth Circuit affirms the original decision for the death penalty, Wardrip’s attorneys can appeal the case to the U.S. Supreme Court.
The Supreme Court does not have to hear the case.
No matter the outcome of the appeal, Wardrip still has three consecutive life sentences to serve for the deaths of Gibbs, Blau and Taylor.
Shelton said the murders were the most horrific she has ever known about in Texas.
“It’s the worst serial murder we’ve had in, certainly, our history, and I’d say even nationally this is a horrific serial murderer,” Shelton said. “I don’t know how you don’t seek the death penalty for somebody like that.”
When the case comes back to the state court, an execution date can be set.
Wardrip was sentenced to 35 years in prison for the death of Tina Kimbrew in 1986, and under old parole laws, was paroled after serving 11 years in prison.
According to a previous Times Record News story:
The time he spent in prison for Kimbrew’s death is at the heart of the appellate issue going through the federal system.
Wardrip’s request for relief on grounds of ineffective assistance of counsel during his trial included the assertion that his attorney — then-public defender John Curry, who has since died — should have presented evidence from his time in prison. Wardrip claimed the evidence should have shown he took classes, wrote for a prison newspaper and took part in a fundraiser for a young man with medical needs.
CLAIM YOUR INNOCENCE 
I can NOT think of ANYTHING this monster could do to warrant a stay of EXECUTION. Where were all the bleeding hearts, appeals, and reprives when he waz torturing and murdering these beautiful young women? He has DESTROYED generations of families. Including his own. Enough already, EXECUTE this evil being. Set everyone free. He had every break and threw it away. He came from a loving, Christian, home. He had an upper middle class upbringing. He has happy, successful siblings. He is a BAD SEED! ENOUGH IS ENOUGH! Exevute him ASAP!
Tina Kimbrew, Terry Sims, Toni Gibbs, Ellen Blau, Debra Taylor. Five human beings who were raped and murdered. Five women who didn’t get the opportunity to live be 54 years old, unlike the man who savagely took their lives. Justice for four of these murdered women was delayed for nearly 15 years because the coward who murdered them, only confessed to Tina Kimbrew’s murder. Faryion Wardrip is a factually convicted serial killer. He took the lives of these women in the most brutal way possible, and he deserves to die for it! The families of these five women have had to wait too long for justice. By carrying out his execution, he will finally be held accountable for all the lives he took. And let’s not forget that he’ll have a much easier death than any of the women he murdered! Execute him ASAP!!!!!
His sentence he served for 11 years, regardless of what he did or didn’t do during that time
has nothing to do with the trial or conviction of the 3 additional girls he intentionally brutally
murdered and pleaded guilty to committing. The 2 trials aren’t connected, so why should
his public defender lawyer bring anything up from his serving time previously ?
It’s total BS, and the Judge who overturned the death sentence based on this reason
should be removed from the bench.
The monster pleaded guilty, was tried, convicted, and given the death sentence based
on his crimes.
4 innocent women were never given a choice if they wanted to be murdered by
FARYON WARDRIP, so why shouldn’t he be put to death ? He knew right from
wrong, he detroyed hundreds of people’s lives when he murdered these young
girls, whose family and friends lives will never be the same, so why should
FARYON WARDRIP be given or shown any compassion ? He never showed
compassion for the 4 innocent women who he murdered!!!
He murdered 5 women total! It is under review again. I pray he finally gets an execution date!
The appeal was for failure to present evidence of good behaviour while previously in prison for MURDER? Good behaviour including “attending a fundraiser”???? Well, during those years in prison he failed to indicate that he had also MURDERED AT LEAST FOUR OTHER WOMEN. He even claimed this in a live taped interview with the father of his (in fact last) victim, saying that he “had never harmed anyone before”. I am not usually a fan of the death penalty, but in this case, Wardrip’s obvious desire not to be executed constitutes one of the most compelling reasons to have it expedited at ONCE.
A. Person, I could not agree with you more! You nailed it! His appeal was denied months ago, and now everyone’s just waiting for him to be brought back here to Wichita Falls for a judge to formally set an execution date. In my opinion, the sooner the better!
We are YEARS from a date being set. We are being ping ponged from court to court. Inwant 5 minutes alone with him. He refuses tonsoek with me. He won’t even come to court. He views via television. He has used the system as his toy!
I love this article! Mainly because Terry Lee Sims was my cousin ,and your article has everything correct, how he broke down the door,everything ,and I’m really happy that people take the time to review everything that happened that night,and make a whole article about it.