Sentence Reversed for Faryion Wardrip

on June 14, 2011 in Serial Killers by

The 5th U.S. Circuit Court of Appeals on Monday reversed a lower court ruling that ordered the State of Texas to either give Faryion Wardrip a new sentencing trial, or agree to giving him a life sentence. The case will now be sent back to the U.S. District Court for reconsideration.

Wardrip is on death row for the 1984 murder of 20-year-old Terry Sims in Wichita Falls. In 2008, a federal magistrate recommended that the death penalty be overturned because Wardrip received ineffective defense in his trial.

The U.S. Supreme Court in April reinstated the death penalty for a man in Los Angeles who had similar complaints about his attorneys. The Circuit Court ruling is certainly a result of this decision.

Wardrip is already serving three consecutive life sentences for other slayings.

31 Comments

  • crystal says:

    My most sincere sympathy goes to those beautiful young ladies and there families….., Is it just me or should this have been dealt with already? I mean come on were about talking the 80′s here…”that habeas corpus relief be conditionally granted in Wardrip’s death penalty case” it blows my mind completly.

  • Sandra says:

    I am disgusted with our corrupt system of “justice”. Monsters who commit these crimes have more rights than their victims and their families. It’s time to stop putting so much time and money into housing this creep. There are MANY more deserving people in our nation that could use the $45,000 each year that we are wasting on Wardrip and others like him.

  • Patricia says:

    Is he DEAD yet?

    • Brian Combs says:

      No. He’s still alive and rotting in prison.

      It doesn’t appear that the prosecution has announced any plans to hold another sentencing trial, so it seems they’re going to go with life in prison.

      • Barbara Vogelman says:

        We are waiting on the Supreme Court to rule on Trevino. Then they will decide on his case AGAIN!! Then he has one last appeal to the US Supreme Court. I am hoping for an EXECUTION date within 2 years. That will be 30 years since Toni’s murder and 31 since Terry Sims. It is DISGUSTING!! Too bad his victims didn’t get 30 years to appeal their fate! Plus having dental work is more painful than what he faces. It is the same as going under for surgery!!

  • Cheryl Clark says:

    I worked with Toni at Wichita General Hospital when all of this was going on. I have had terrible survivors guilt as Faryion stalked me too, harrassed me via phone and came to my home. If it weren’t for God’s orchestration on events during that time I too would be listed with the victims. He stalked me for over 18mos, and I can not believe that they overturned this monsters death sentence!!

    • William says:

      Hi, you are indeed fortunate. I just read a book on this guy, and I get so angry when I see him blaming the drugs and his anger for doing what he did.
      I guarantee you, this guy feels only for himself, and does not have a speck of concern for any of his victims. He would do it again in a heartbeat if he felt he could get away with it, and he can leave a victim behind like you would leave half a sandwich. Guys like him will never tell the whole truth, unless it serves them. Also, don’t feel bad for surviving this guy. They are very clever at hiding who they really are. I hope your life is going well, Bill

    • Carrie says:

      I too worked with Toni. We were making plans to go out the Tuesday after her disappearance. Unbelievable Farion doesn’t have to pay the supreme price Toni did… After all these years… I still miss her…

  • dB says:

    Wow. I had no idea that was even still going on. I knew two of the girls that he killed. I can’t believe he only served 11 years of his 35 yr sentence for killing Tina Kimbrew but to even consider having to go through any additional ‘reconsideration’ is appalling. Shameful.

  • William says:

    Typical of these guys. Blames everyone else and feels sorry only for himself. He claimed he just wanted to die and get it over with, but of course he is now trying to save his sorry ass. He will spend 23 hours a day in a cell for the rest of his days, if he escapes death. Which is worse?

    • t. wageman says:

      he didnt want to die hes a spineless punk if he wanted to die why didnt he just save us all the trouble and do it in galveston instead of calling the cops crying

  • Paul says:

    the women who lived in the Wichita Falls Texas area in the mid-1980′s owe a great debt of appreciation to the officers who took this ‘man’ off the streets after the first murder that he was convicted for. If left on the streets, there may have been several more victims.

    there was a killer named Shawcross in Rochester NY, who was imprisoned for a period, then paroled, and then resumed killing after his release.

    my heart goes out to all those families involved in this affair.

  • t. wageman says:

    ok i have to agree with bryce . you see i grew up with bryce as my best friend and farion his brother was always around . and i hve talked to bryce a few times .i believe on top of all of theses horrible murders he committed he also hastened his fathers death by putting him through all he did again . and though it doesnt look like he will be he needs to be put to odeath and quit wasting taxpayers money .. our parents treated all of us very well growing up so this crap of him being mistreated as a child pisses me off . because we pretty much had anythin g within reason we wanted . and farion still felt like he had the right to take another humans life .thats bull@#$%# anyway i just ran across this article and needed to vent

  • Barbara Vogelman says:

    My name is Barbara Vogelman and Toni was my best and LAST friend. She was the sweetest kindest woman you would ever meet. I know everyone says that, but she really was. I never knew her parents were VERY WEALTHY. She never put on airs. She was sweet and down to Earth. We met after she found out I was dating her ex. Needless to say the relationship ended but the friendship grew. We went everywhere together. Her last night out was with me. She was the ONLY daughter of older parents. She had 2 brothers but her mom ALWAYS dreamed of having a girl. She called Toni her Valentine Gift from God. She was born on Valentine’s Day. Her body was discovered February 15th, 1985. She went missing January 20,1985. Toni died a HORRIFIC death. He somehow managed to get in her car. I know she would NEVER have offered him a ride. Someone had been stalking her and stealing from her apartment. He took her to a field and drug her to a rusted out, abandoned, school bus. He then ripped her clothes from her body, he stabbed her once on each side, and once in the chest breaking her sternum. He brutally sodomized her. As she cried and BEGGED God to help her, he responded, “Where is your God now Bit$^%!!” She continued to cry and beg him to please please stop, so he cut her spine in half. He left her alive, but mortally wounded. She took her poor battered body and drug her lifeless legs trying to reach the road for help. When she realized she would never make it. She turned on her back and looked up at the skies. Her lungs slowly filling with blood. She was a nurse. She knew what was happening. You see she didn’t die from the stab wounds. She died from drowning on her own blood. Her lungs slowly filled with blood until she chocked to death. It is a very slow painful death. Toni’s mother died from cancer 2 years after her death. Everyone knew it was from grief. Her brother has suffered depression ever since. Her other brother ended up divorced and remarrying multiple times. No family member was left untouched. Her dad lost her, and then her mom. He never fully recovered. I didn’t step foot in a church for 20 years. I have tried repeatedly to have a one on one face to face meeting with him. The DA has placed a BAN on my being anywhere near him. I finally asked WHAT the heck he was so afraid of? I told him I am not afraid to be alone with him. He told me it is NOT my safety he fears for, it is his, SMART DA! I wish they would overturn his conviction and release him. I will gladly send him to the place he so rightly deserves to be. I know I will have to be fast. Bryce,his brother, wants him first. Just overturn that conviction and let this Petite Blonde give him the send off he so RIGHTLY deserves. His other victims, Tina Kimbrew. Her parents were told neither one could EVER have children. THEN they had Tina. Her mother was in the hospital recovering from back surgery when she was killed. They never had other children. Terry Sims came from a broken home. But she was the leader. She was the inspiration for everyone in her family. She was a mentor and friend to younger siblings. Her mother never recovered. Her grandmother died shortly after her death. Ellen Blau was the only daughter of wealthy parents. They could not even see her body. It was left in a field for months. She was too decayed to see. Her parents passed a few years later. They never recovered. The last victim was Debra Taylor. She was murdered and her husband lived under a cloud of suspicion for years. It DESTROYED his life. He lost his business, his home, his children, and fell into bouts of deep depression. He was forever labeled a killer. UNTIL this scumbag confessed. By the time he confessed, Debra’s husband had lost everything, including his health. He had suffered major health issues brought on by the cloud of suspicion he had lived under for years. Every person connected to the victims lives were forever changed. NONE of us will ever be the same. When I think of all the RIGHTS he has I want to PUKE! WHERE were the RIGHTS when he was brutally murdering these tiny women. You see Toni was 5′ and 90 lbs soaking wet. He was 6’5″ and 220 lbs. She never had a chance. EVERY one of his victims was tiny and petite. They had no chance against this homicidal maniac. It is time to protect the victims, not the criminals. So you know what go ahead and overturn that conviction. I have the send off of a lifetime waiting for him. Toni has a beautiful 18 year old girl named after her. Her mother gave me permission to name my daughter after her. She had left many notes about me in her bible. You see Toni and I were different from most girls back then. We were both raised by older parents. We didn’t sleep around, do drugs, or drive drunk. We took turns drinking. This was before anyone ever heard of a designated driver. We loved to dance, but we ALWAYS went home alone. RARE for the time period. My Toni is SO MUCH like her namesake. She is smart, funny, BEAUTIFUL, has a heart of gold, and is SUPER sweet to everyone. I see so much of my friend in her. It is sad. After all 3 of my babies were born I asked for a phone to call Toni. I was drugged and wanted her to know. You see he didn’t just kill her, he destroyed lives for GENERATIONS to come. So when you think of him, think of his victims. THEY deserve to be remembered as more than the victims of a serial killer who beat the system.

  • chrstnv1987 says:

    Short & sweet and directly to the point…there’s eyewitness testimony in these comments…people who knew the victims PERSONALLY…get it PERSONALLY…therefore their word is as good as God’s to me in this story…Stop all the b**sh*t and execute this trash NOW!!!..His victims haven’t been living for over 25 yrs like he has

    • Bill says:

      The real problem is, Faryion Wardrips are being cultivated all the time.
      A child that is cruel to animals, lights fires, and shows no empathy or compassion for other human beings, is a potential Faryion Wardrip.
      The real question is, how to weed them out. Virtually impossible I think.
      Killing guys like Ted Bundy does not really solve the problem, but it does get rid of someone who is very dangerous, and who cannot be fixed.
      Is there a more appropriate punishment than rotting in a federal prison for decades? I honestly don’t know.
      I am not sure that killing killers is the right answer. Too much potential for mistakes.
      I, like most normal thinking humans, am disgusted by the behaviour of these guys, who prey on trusting victims for no other reason than the pleasure they get.
      And yes, there is a part of me that would like to watch him squirm as he is led to the gurney, maybe watch him beg for his life, as his victims must have.
      Lastly, thank your god that we have the ability to catch these guys, and at least remove them from society. Filling our hearts with hatred, and thoughts of revenge, only gives him the power.

      Sincerely, Bill W.

      • Barbara Vogelman says:

        Bill, I understand where you coming from. BUT, psychopaths like the one in question has been examined extensively. Their conclussion was that he could NEVER be trusted even in a MAXIMUM Security facility. IF any guard were small and petite, he would, not might, WOULD attack and attempt to kill her. They concluded he was one of the most EVIL psychopath they had ever interviewed. THESE were HIS psychologists, hired by HIS defense team. So please don’t ask me to feel bad that we want him executed. It is the ONLY way to ensure safety for the women in this world. Please do your research BEFORE you think he is worth saving. This isn’t about revenge, it is about Women’s safety!!

  • Bonnie Arsenault says:

    I just finished reading the book “Body Hunter” What the f…. is going on in Texas? That animal show have been put to a permanent sleep a long time ago? Are the justice system in Texas ALL as nuts as this monster

  • shelly says:

    I knew Tina when she lived in Odessa. I came across my old pics of her when packing to move. We loved to go out together and I have good memories of her and going to see her at her mothers’ house in Odessa. We met at a restaurant where we both worked. I wrote letters to her when she moved to Witchita Falls, some delivered after she was dead, not knowing about the murder. I finally gave up and called after no responses and remember speaking with a family member. The news hit me like a ton of bricks. I had to go home from work. Just looking at these pictures brings back a nice feeling, then a pit of the stomach punch.

  • Lisa Owens says:

    From all the genealogy my family has done, we are most likely somehow related to this monster. Not bragging, I just don’t understand how all of my family has some sort of mental problems, & much abuse. Having said that, he is the only one, I’ve heard that has killed someone. I wonder what genes has to do with this type of behaviour, at times. Yet, even knowing some horrible family memembers, some I want no part of, even they wouldn’t do such monsterous things. I honestly can’t understand what these people think & why they do the things they. I feel so sorry for all the family of all the victims. But, L, also feel sorry for his famiy. I doubt they were perfect, none are. I’m sure that from what I’ve heard, they did the very best that they could. And, it sickens me that his family, has wen throght so much garbage. Sadly, his family & children will forever be known as a killers’ family. It’s as sad for them, if not a bit more for the victims, because I’m sure they loved him & wanted only what was best for them. Yet, he turned out ot be such a horrible. person, I fear his parents felt somehow responsible for what he became. To think that, hurts me, because no one knows how our children will turn out. I heard his dad died a few years ago, one can only guess that al this played a huge part in his death. Having said all this, please don’t think I don’t care for the victims, I do. I just feel sick for his family. all the hopes & dreams they had for him were totally lost.

  • Wayne C says:

    One point that the Appeals courts miss….this idiot pled GUILTY. Ineffective counsel? I think not

    • Barbara Vogelman says:

      The case is before the 5th Circuit Court of Appeals. IF we are granted an execution date it won’t be before the 30th, yes I said THIRTY Anniversary of Toni’s BRUTAL murder.

  • Alissa says:

    I just started researching this case, but it is a perfect example of a serious flaw in our justice system in regards to the public’s safety. They convicted him after the first horrible murder, then they released him back into society. I really do not understand why this happens. Honesty, this was predictable to anyone with a brain. Stop releasing brutal murderers, rapists, child molesters, etc. Back into society! They need to be locked away forever. It shocks me every time they release one of these monsters. It sounds disrespectful to say due to the seriousness of the situation, but what did that parole board think was going to happen?!? 35 years was not enough, but he should have been behind bars for every last one of them. I am not a supporter of the death penalty, mostly because I strongly believe it is a far worse fate to have to live out a full lifetime in the hell that is a maximum security prison, but this idoit is having the last laugh by playing with the justice system. Kill him, lock him up in a hole, either way…but stop giving him so much attention.!

  • Susan Love says:

    They have been working on getting rid of the abuse in the appeals process. It is obviously over-used. I personally do not believe in the death penalty, but do believe that when a sentence has been passed it should be executed regardless of what that sentence is. Texas is weeding out needless appeals and hopefully others will follow. There is no rehabilitation for people like this. They take up space and that’s about it. The death penalty incurs too much expense. Put these animals in a super-max and forget about them. Maybe leave them free to roam without supervision and they will take care of the problem themselves.

  • Susan Mueller says:

    For anyone who doesn’t know, while Wardrip was serving his 35 year sentence for confessing to the brutal murder of Tina Kimbrew, he conned Tina’s parents into participating in the victim/offender mediation program. He looked Robert and Elaine square in their faces and lied about how he “accidentally, in a drug-filled rage” killed their daughter. He claimed to have found Jesus, and used that to con Elaine into keeping in touch with him through religious correspondence. All the while, the 4 other women he raped and murdered, he’s not saying jack shit about them! He walked out of prison, thinking he’d gotten away with murdering Terry Sims, Toni Gibbs, Ellen Blau and Debra Taylor, and if it hadn’t been for John Little, he might never have been caught. This guy is a sociopath. Someone on an earlier comment mentioned ALL the lives that have been destroyed by this monsters selfish actions, and I could not agree more! I firmly and absolutely believe he killed more than these five women. I believe the law knows it too, they just can’t prove it. I pray for each and every family member and friend of all five of these women. I also pray for the Wardrip family. Tina, Terry, Toni, Ellen, Debra …. five human beings who have waited far too long for justice.

    • Douglas says:

      I have never believed his “I was on drugs” excuse. He lived by Ellen Blough’s friends. Soooo he’ll tell you he just “happened” to walk up on her at that store? NO he was stalking everyone of them. Strap him down and lets get this over with.

  • Charles Lee says:

    The death penalty itself does not incur too much expense. This is a myth perpetuated by both the greedy lawyers who have a vested interest in sustaining a process which places obstacles in the way of justice being served and the following they gladly foster as opponents to the death penalty. They are the actual cause of the expense in trying to find justice in a death penalty case today. The expense of the death penalty itself is a pittance compared to the expense of incarceration. These people have no compassion for the victims and their families. A death sentence should mean a death sentence. Life imprisonment should mean life imprisonment. This is true justice. Expenses would plunge if this were so.

  • Barbara Vogelman says:

    It has been almost 29 years. I am sick to death of appeals and lying sob stiries from this scumbag. I hid for MONTHS in the trolley car he murdered Toni in. I had a gun and I was going to kill whiever murdered my best and LAST friend. Hus victims continue to pile up. We are the ORIGINAL Walking Dead. Because of him a HUGE part of us is FOREVER gone. The victims include his family. I pray for them often. He can never be put in general populatiin because all the experts kniw he WILL kill a female guard. It is either Death …or let him go. My justice will be swift. He has NO soul and belongs in hell. He made me tough, hard, and willing to kill to protect those I love. For that, I am grateful. I promised Toni I would see her murderer pay. I ALWAYS keep ky promises. Si if you kniw him, let him know, I’m ready and waiting. While I may fear the manner of my death, somewhat. I do NOT fear where I am going. Write ther judges, senators, Attorney General Gregg Abbott, and Governor Perry. Let them know, time has come for justice. NITHING he could EVER do will make amends for his crimes. EXECUTE HIM.

    • Ann Elzabeth says:

      Hi Barbara,
      I just saw the Cold Case Files episode with this killer. It makes me I’ll thst he was able to get away with multiple murders without paying the price. I am heartsick over your loss of your friend Toni. I hope you have found some peace.
      Ann

  • Douglas says:

    I live in Wichita Falls. I was here when all of this happened. Don’t listen to the crap that comes out of Wardrips mouth. He blames drugs but when you look at the cases individually, he was stalking these women. Drugs had nothing to do with it. He is a liar and a manipulator. How someone can slaughter five people in cold blood and sit on death row from 1999 until now without getting the needle is beyond me.

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