Parole Board Suggests Clemency for Child's Killer

Donald Gilson, who was convicted of murdering an 8-year-old boy and hiding the body in a freezer, was granted the recommendation of clemency and could avoid execution.

Wednesday, April 15th 2009, 9:20 pm

By: News 9


News9.com

NORMAN, Oklahoma -- Donald Gilson, who was convicted of killing an 8-year-old boy and hiding the body in a freezer, was granted the recommendation of clemency Wednesday and could avoid his scheduled execution next month.

Gilson and Bertha Jean Coffman, the child's mother, were found guilty of killing Shane Coffman in August of 1995. The body was later discovered behind Gilson's trailer in a freezer in February 1996.

Former investigator Cliff Winkler worked the Shane Coffman case. He said he found evidence in a mobile home that determined Shane was killed in the home. Winkler also found the boy's body.

"The first thing I noticed when I looked into the dirt was three small finger bones, which it was very apparent were human and probably from a child," Winkler said.

From his interviews, Winkler concluded that Shane had died from beatings inflicted by Donald Gilson. The other children feared him.

Winkler said his experience investigating the death and disposal of Shane Coffman will always be with him.

"I wake up at night," Winkler said. "I have nightmares, seeing these children's wounds that they had on them. I still see Shane's body in the dirt pile. It gets awful hard to live with, but I have to live with it every day."

According to the Medical Examiner, Shane suffered acute fractures to his left cheek and jaw.

Bertha Jean Coffman pleaded guilty to first-degree murder for the death of Shane and was sentenced by Cleveland County District Judge Tom Lucas. She has since been serving time in prison without the possibility of parole.

Gilson was sentenced the death penalty in 1998 for first-degree murder.

Gilson, now 48-years-old, sat before the Oklahoma Pardon and Parole Board this week, as he laid out his final plea for clemency, but is scheduled for execution in May.

Witnessing on his behalf and against his execution was Judge Lucas.

Judge Lucas said the evidence did not justify the death penalty for Gilson, although he sentenced Bertha Jean Coffman to life without parole after examining the same evidence.

"It wasn't fair for Mr. Gilson to get a death penalty when she got life without parole," Judge Lucas said. "From the evidence I heard, I thought probably she was at least as much responsible, if not more, than he was."

Judge Lucas did not recommend clemency for Gilson, but said the evidence was not clear enough to determine who killed the child and therefore did not justify the death penalty.

Gilson was denied his appeal by the U.S. Supreme Court in February and the Pardon and Parole Board was his last chance to avoid execution.

"To me, it seems that he is now trying to take the place of the jury, stepping in and saying the jury's decision was wrong," said NEWS 9 Legal Analyst Irven Box. "He's not the appellate court, and I think this sets a very unusual precedent."

The board recommended clemency with a vote of 3 to 2.

Governor Brad Henry has to approve or deny the board's recommendation. A spokesperson for his office said he is still considering what action to take in Gilson's case.

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