'He's getting off free in a way,' father says

Killer scheduled to die Friday for murder but slain woman's parents say pain will always haunt them

By Glenn Smith
The Post and Courier
Tuesday, December 2, 2008



Clair and Patricia McLauchlin don't expect a great burden to be lifted from their lives when the state executes a man who raped, tortured and murdered their daughter 16 years ago.

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Joseph Gardner (pictured) is scheduled to be executed Friday for his part in the 1992 rape and murder of Missi McLauchlin.

In some ways, they feel Joseph Gardner will be getting off easy Friday, when he is scheduled to be put to death for the racially charged killing of Melissa "Missi" McLauchlin in December 1992.

"What he did in 1992 was a life sentence for us that is never going to go away. It's always there, and it will always be there," said Clair McLauchlin, the victim's father. "He's getting off free in a way. He's not going to have to think about it anymore. But not a day goes by that we don't think about it."

The McLauchlins, who live in Florida, do not plan to attend Gardner's execution, set to take place at the prison system's capital punishment facility in Columbia. They see little to be gained from witnessing the 38-year-old triggerman's death. "All it would do is open up another traumatic wound for us," Clair McLauchlin said.

The couple intend to spend the day much like any other, ferrying their three grandchildren to school and activities and immersing themselves in the volunteer work that occupies much of their free time. But there will be no escaping the significance of the day as the appointed hour of 6 p.m. draws near. They will stay near a phone and await word of Gardner's demise.

"It will be a relief to know that justice was finally carried out," Patricia McLauchlin said. "But we won't ever see her again, except in our hearts and our minds, and in heaven someday."

On the night of Dec. 30, 1992, 25-year-old Melissa McLauchlin got into a car with Gardner and other men after they spotted her walking along Rivers Avenue in North Charleston. They took her to a mobile home on Stall Road, where she was raped by several men.

The men later forced McLauchlin to bathe, bound her with a blindfold and handcuffs and placed her on the floorboard of a car. Gardner shot her twice in the face after she freed herself from the handcuffs and tried to escape. He then shot her three more times and left her to die along the side of a road in Summerville. Gardner, who was in the Navy at the time, fled from the area and remained a fugitive until his arrest in Philadelphia in October 1994.

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Missi McLauchlin

The case stoked racial tensions after another suspect, Matthew Carl Mack, told investigators McLauchlin was brutalized to avenge "400 years of oppression," an apparent reference to the treatment of blacks since arriving in this country as slaves in the 1600s. McLauchlin was white while the five men charged in the case were black.

At his trial, Mack testified that he, Gardner and another man spent the night before the killing watching movies about interracial sex and death. They discussed a desire to rape, torture and kill a white woman, but Mack said the comments were in jest.

Keir Weyble, Gardner's lawyer during his appeals, said there was scant evidence of a race-based plot in the attack, but this "red herring" shadowed the case from its inception and played upon juror fears. He and one of Gardner's original lawyers, Tim Kulp, suspect the episode resulted from a happenstance meeting and a series of bad decisions that spiraled out of control.

McLauchlin's parents have no doubts about the suspects' guilt, but they also don't believe the killing was racially motivated. "This is not a racial incident," Clair McLauchlin said. "Someone just tried to make it into one as an excuse for their behavior."

Of those charged, Gardner was the only person sentenced to die in the case. Two men, including Mack, received life sentences for murder, while two other men who prosecutors say raped McLauchlin each received less than 10 years in prison as part of plea deals.

The case consumed McLauchlin's family for years, taking an emotional toll and pushing her parents into bankruptcy as they worked to ensure justice was done. Still, they tried to find ways to turn a profoundly painful experience into something positive.

Touched by the warmth and support they received from law enforcement and residents in South Carolina, the McLauchlins have worked to give back to their own community after moving from Michigan to Florida six years ago. They volunteer with their local fire department, spearhead an annual holiday toy drive for needy children and donate their time to other community causes.

They also have gone on national television and granted countless interviews in hope that sharing Melissa's story will prevent someone else from enduring a similar tragedy.

"The most we can pray for is that people learn from this," Patricia McLauchlin said. "There is never a good excuse for taking a person's life. It hurts too many people."

Reach Glenn Smith at 937-5556 or gsmith@postandcourier.com.

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Comments

CedarPosts (anonymous) says...

In a system where plea deals rule, we quickly create other victims, collateral damage if you will. We are going to kill someone on Friday and we are going to do so on solely on the words of a couple of murderers.

There is something inherently wrong with, using one rat to out the another. This is not justice, this is simply state sanctioned murder. It brings closure to no one because the other rats escaped, by lying and playing the sytem against us.

December 2, 2008 at 4:46 a.m. ( | suggest removal )

Siri (anonymous) says...

Almost 16 years since this tragedy happened, finally the sentence will be carried out.

Isn't this the case where the victim was made to bath with bleach and scrubbed with a wire brush?

December 2, 2008 at 5:50 a.m. ( | suggest removal )

moonpie (anonymous) says...

Oh yeah, it was a racial killing. They said they were going to find a white woman to do this too and they did in
Ms McLauchlin.

December 2, 2008 at 6:28 a.m. ( | suggest removal )

ColdBud (anonymous) says...

The death sentence should be carried out in a much faster manner than this.

December 2, 2008 at 6:42 a.m. ( | suggest removal )

Grinder (anonymous) says...

Cedar, believe me, the world will be a better place with Gardner gone from it. Yes Siri, Missi was forced to scrub with bleach... don't know about a wire brush, though. When the racial angle came out, there were those who countered that Missi's lifestyle contributed to her being in the wrong place at the wrong time. It was black on white violence, so the race card never went too far, as far as having much effect. Gardner was a mean MFer, and only slightly worse than some of his co-defendants. 16 years is way too long for taxpayers to pay this loser's freight.

December 2, 2008 at 6:52 a.m. ( | suggest removal )

islandbenzbc (anonymous) says...

I hope he dies a miserable and painful death...too bad we had to feed and house this animal for 16 years before he paid for his crime.

December 2, 2008 at 7:01 a.m. ( | suggest removal )

jca (anonymous) says...

look at him his face and expression days im a scumbag and i dont care. i was 14 when this happened so i dont really remember it as i was going through my own private traumas

kill this scumbag make an example of his ugly arse. he doesnt deserve to live. we need to kill murderers in the same manner they tortured and killed their victims make them feel the pain humiliation and abuse they forced on their innocent in most cases victims

December 2, 2008 at 7:04 a.m. ( | suggest removal )

purgatory420 (anonymous) says...

the family is right. death is too easy for this scumbag. he should sit in a 6x6 cell for the rest of his days with nothing to keep him company but the memory of his horribly foul deeds. but for the taxpayers' sake, i wonder which is less expensive; execution or life imprisonment?

December 2, 2008 at 7:05 a.m. ( | suggest removal )

grannyofseven_2 (anonymous) says...

If we enforced the death penalty more maybe, these career criminals would think. However, then that is the problem they were born without a brain. I for one feel he should be tortured first, by say dad, then mom, then me and if there is anything left give him the chair NOT LETHAL INJECTION its to easy

December 2, 2008 at 7:12 a.m. ( | suggest removal )

Lois_Lane (anonymous) says...

Make an express lane for the death penalty. Feeding and housing scum like this is a waste of our tax dollars. I remember when this happened. I worked for a newspaper so I know details that were never published. It's a horrible memory for me. I cannot imagine being her parents.

December 2, 2008 at 7:49 a.m. ( | suggest removal )

theronce (anonymous) says...

It is imperative that governments bring retribution on murderers. Government fails to properly do this in a reasonable time frame.

December 2, 2008 at 7:51 a.m. ( | suggest removal )

charleston1960 (anonymous) says...

16 years and yet it took less than a day for these murderers to rape, torture and kill McLauchlin. Two of these murderers turn states evidence so they can live. Their part in keeping the horrors that McLauchlin went through alive will come with the annual probation hearings that they will soon be getting. There is definitely something wrong in the way of justice for victims. This was a hate crime and of course, where is Jesse and Al?

December 2, 2008 at 7:55 a.m. ( | suggest removal )

SimplyMad (anonymous) says...

I remember this. I remember the brutality of these animals. I read about it and it made me sick, I cant imagine what she went through.

"This is not a racial incident," Clair McLauchlin said. "Someone just tried to make it into one as an excuse for their behavior."

I agree, it was pure hatred period. Animals with no social value and a simple waste of space and air.

In one story we have a brave Marine Capt. Warren A. Frank killed while distributing humanitarian aid and in another story - a worthless raping, murder that has lived off the public teet in prison for 16 years.

What were the choices these two men made early in life and what were their influences?

December 2, 2008 at 7:56 a.m. ( | suggest removal )

grannyofseven_2 (anonymous) says...

purgatory420, In a way you could be right about him sitting in a 6x6 cell with the gruesome pictures of Missy all over the walls floors ceiling and he has to eat chicken backs and dry rice and drink only water for the rest of his days. If he does not get the death.

Oh but he should be whipped like the dog he is 4 times a day

December 2, 2008 at 8:06 a.m. ( | suggest removal )

grannyofseven_2 (anonymous) says...

that should he whipped like a dog that he is 4 times a day sorry

December 2, 2008 at 8:12 a.m. ( | suggest removal )

zekemire (anonymous) says...

THEY SHOULD ALL HAVE BEEN EXECUTED IMMEDIATELY AFTER THE FIRST APPEAL! Giving a 10 year sentence to some, life to others and death to one is ridiculous! They all participated, they should all be executed! Plea bargains and deals should be banned! They are discrimination in the foulest sense!

December 2, 2008 at 8:33 a.m. ( | suggest removal )

ColdBud (anonymous) says...

Quite honestly, I don't see what it matters as far as a motive is concerned. Murder is murder. Rape is rape. Anyone that murders someone, rapes someone, or commits and violent crime against someone else, should be put to death. Quickly. If you're murdered, the reason is immaterial. You're dead. You're the same dead if someone killed you because of your race or because or your wallet. I feel less concerned for the victim if the person that was murdered was involved in criminal activity, but that doesn't mean that the murderer should face anything less than the death penalty.

This is a horrible crime, but to say that it's never been equaled by other racial crimes is incorrect. There are, and have been, racial nut jobs of all races.

December 2, 2008 at 8:38 a.m. ( | suggest removal )

SCdeacinNYC (anonymous) says...

johnnyholmes, I seriously doubt that "get even for 400 years" defense was even real. I think it was a convenient and idiotic excuse at the time. I think they were just evil psychos and they will all get what they deserve, which won't be anywhere near the pain they inflicted on this woman and her family.

I hope you aren't being serious about not being able to remember any act equal to this one, committed by a large group of white people. How old are you? I'm relatively yound and I think there can be a 1000 page book written about premeditated cruelty by a large group of whites upon a single black vitim in this country, especially in the South. I can think of recently, though the victim survived, the case of the young black woman in West Virginia, that was beaten, held captive, raped and tortured and treated like an animal by a group of white men and women.

http://www.foxnews.com/story/0,2933,2...

This is recently, but I'm sure we could go back even in the past ten years or so and find even more cases.

December 2, 2008 at 9:34 a.m. ( | suggest removal )

MSB (anonymous) says...

SCdeacinNYC.....you should get your facts straight before you start preaching.
The women in West Virginia was at that house by her own choice. She was a crackwhore who went there to get high and have sex with her boyfriend (one of the rapists). Now I'm not excusing what happened then....but she Chose to be there originally. And as long as they had crack to smoke there was no problem. It was when they ran out that things started to get ugly.

There is NO comparison between what this ignorant black animal did and what those ignorant white trash scum did. That girl did not die....this girl did.

How do I know this?? I live in West Virginia....and read about that story, ad nauseum.

Get your facts straight.....

December 2, 2008 at 9:41 a.m. ( | suggest removal )

SCdeacinNYC (anonymous) says...

MSB, OK so she CHOSE to be there?? First of all, I saw this girl and her mother on TV. She is obviously mentally SLOW and was probably be taken advantage of by this man in the first place. Personally, I don't know why people don't keep a closer eye on their relatives who obviously can't mentally look after themselves...but still I think that had a lot to do with the fact that she THOUGHT she had some sort of relationship with this man. So I would have to question your comment on how it's any less horrible even if she did choose to be there.

NO WHERE did I read that she was a "crackwhore", please send me the article/evidence that said that. West Virginia or not, you seem to be justifying these people's horrible actions. Even if she was, which I doubt, does it justify them raping, beating, torturing her, forcing her to drink toilet water and rat POO???!! You are unbelievable.

December 2, 2008 at 9:49 a.m. ( | suggest removal )

Test2007 (anonymous) says...

MSB - The idiocy i find on this board is ASTOUNDING. She was a crack whore?

First of all, that girl was MENTALLY CHALLENGED.

Second - crack? Where the F did you get that from. You stupid jackass.

Third - The fact that you live in West Virginia only makes me believe you LESS.

Fourth - If she CHOSE to be there at first and was later raped, it is STILL RAPE.

I bet you believe that if a girl is drunk or wearing short/tight clothes, she deserves what she gets. I get test over a lot of things but rape is the straw right here. I hope you don't have any daughters you stupid piece of crap.

December 2, 2008 at 9:50 a.m. ( | suggest removal )

ColdBud (anonymous) says...

Guys, guys... MSB has proven in MANY posts that he/she is not going to add anything intelligent to the conversation. Just ignore him/her.

December 2, 2008 at 9:55 a.m. ( | suggest removal )

SCdeacinNYC (anonymous) says...

MSB, you may as well have said "well, she was asking for it." But I noticed you stopped just short of that. Congratulations, you are just a little less than an raging imbecile. You seem very interested in choice, technically, this young woman chose to get in a car with these guys, does that mean she deserved what she got? NO! Once again, you are ridiculous, looks like you need to stay in West Virginia with that sort of thinking.

December 2, 2008 at 9:55 a.m. ( | suggest removal )

MSB (anonymous) says...

Test and SCdeacinNYC......she was and STILL is a crack addict. She was just arrested last week and busted for crack and meth. Was she SLOW?? yep....as was the ignorant white trash that did this to her. All of the perps had mental retardation issues.

Now...test.....the ONLY idiocy I see is you.

I just love how you read a newspaper article and it makes you an expert. I LIVE here and saw it on the news everynight for 2 weeks. We still get updates about her and her ignorant mother.....who, by the way, ENCOURAGED her daughter to go with her boyfriend because she was going to have some drugs delivered to her by her daughter.

But....like most punks.....instead of trying to discuss something....you revert to name-calling to try and win an arguement.
It won't work....your nothing but a liberal, bleeding heart.

I believe people.....EVERYONE should take responsibility for thier actions. A girl that is drunk, wearing suggestive clothes and spending time with people she doesn't know needs to accept her culpibility in the crime committed to her. Of course, you and your kind feel that if a woman is wearing suggestive clothes....drinking to excess...and participating in risky behavior with people she doesn't know.....and things get physical....all she needs to do is say no....correct?? LOL....typical.....no one is to blame in your liberal world.....everyone has an excuse.....and no one need take responsibility for their OWN actions.

Stupid piece of crap?? the only turd I see is you, boy.

December 2, 2008 at 10:01 a.m. ( | suggest removal )

tc (anonymous) says...

MSB lives in West Virginia, who would've thunk it??

December 2, 2008 at 10:02 a.m. ( | suggest removal )

grannyofseven_2 (anonymous) says...

Those that believe that a women asked for what she gets is most likely from west VA and and, we know how those hillbillies are from West VA.

Ok so you see how stupid that looked in print. That is exactly my point you do not judge people. I could judge and say all men from West Va are known to have sex with their own daughters. How would I know?? I do not but this is how it starts. Stereotyping people.

These sorry pieces of crap have been convicted of a most horrible crime and should suffer

December 2, 2008 at 10:03 a.m. ( | suggest removal )

Test2007 (anonymous) says...

Do you know how many rapists and offenders are roaming free right now with NO record and sometimes the means to get off if they want? The ones I can't stand are the situations where they have a previous record for the SAME thing. I have friends who have been sexually assaulted (molestation, date-rape, etc). Ask me how many of the offenders are still walking around? Probably ALL. Some reported it and others don't.

Has anyone seen the stats on women being sexually assaulted? Even with my friends, I know that at least half (the ones i know for sure) have been sexually assaulted in some way. My friends represent many different races and background and though I don't have to say it, each one was assaulted by someone in their own race be it family member, stranger or just someone they knew. Don't make this some race issue. If you ask a rape victim if her situation is worse b/c her attacker was black or better b/c he was white I am sure she would look at you as if you are a moron.

It is rape people. Sorry, but I get angry when people say crazy stuff like that.

December 2, 2008 at 10:04 a.m. ( | suggest removal )

eyfigueroa (anonymous) says...

I'm with CB. The racial overtone is immaterial. Even the family isn't interested in using this as some sort of catalyst.

Race was an excuse used by individuals who were sick and twisted enough to torture and kill another.

Sorry y'all who think that race always play a part, this was a crime of opportunity probably fueled by drugs and alcohol.

this guy was in the Navy and had his entire life in front of him and instead he allowed his baser nature take over and destroyed the lives of not only the McLauchlin family but his own.

I don't wholeheartedly believe in the Death Penalty, but if it was enforced quickly and painfully it would be the deterrent it isn't now.

This piece of gator excrement lived far too long on the taxpayer dole. He and his companions ALL should have felt the burn of high voltage a long time ago.

December 2, 2008 at 10:05 a.m. ( | suggest removal )

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