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Scene of the Crime

Page 10

by Les MacDonald


  Hamilton, Ohio 1975: James Urban Ruppert was born on March 29, 1934. His childhood was not going to be a lot of fun. His mother Charity had given birth to a son Leonard two years earlier. When she became pregnant again she made no secret of the fact that she wanted a girl this time. James had hardly taken his first breath before his parents expressed their disappointment. It was a scene that would be played out over and over again in the life of one James Ruppert.

  To make matters worse, young James suffered from asthma and other allergies. As we all know, kids can be cruel. James was teased endlessly for his frailties. He always walked with his shoulders hunched and his eyes cast downward. His older brother Leonard did nothing to help his brother and often joined in with the others as they teased and taunted his sibling. Leonard would frequently tie James up and lock him in a dark closet.

  The Ruppert marriage was not exactly one that was made in heaven. James's father was a violent man who often fought with his wife. He was not above using his fists to keep his wife and sons in line. There were not a lot of tears when he died of tuberculosis at the age of 36. Leonard was 14 and James was 12 when Charity announced that they were now the "men of the house." Leonard took to his new role...his brother James did not. As James entered his teens his mother made sure that he never forgot that he was a "mistake."

  As teenagers, James and Leonard could not have been more opposite. Leonard was popular with his classmates and had many friends. He did well in class and participated in sports. His outgoing personality made him popular with girls. There were constant reminders at home and now at school that James just did not measure up. At the age of 16 things had become so bad for James that he attempted to hang himself. When that attempt failed, it was just another reminder of his inadequacies. After that however, suicide was never far from his thoughts. Not much changed as the boys grew into men. When James graduated from high school he stood 5'6 and weighed 135 lbs. His brother stood 6'1. James went to college but gave up after two years. Leonard, on the other hand, was on his way to earning a degree in electrical engineering. While Leonard was working at GE, James was drifting from job to job.

  James’s complete lack of confidence and self respect, as one might expect, played a major role in his social life. Yes, James did do some dating. He actually even became engaged to one woman but, when it came to sex, it just wasn't happening. When the woman found out that James was impotent she broke off the engagement. Predictably, James was shattered. He withdrew further into himself. He started collecting guns. Despite his sexual problems James still dated occasionally. He met a young woman named Alma. Before you could utter the words how's your brother?, Alma had jumped into bed with Leonard. No, that's not a misprint. James introduced his date Alma to his brother Leonard and, well, sparks flew. Leonard and Alma quickly married and wasted little time before becoming quite productive. As a matter of fact, Alma seemed to be almost always pregnant. In their first nine years of marriage. Leonard and Alma produced seven children. After the birth of Teresa, their seventh child, five years would pass before number eight arrived. The family was now complete.

  By now James was drinking heavily. He still lived with his mother Charity and he was still collecting guns. When the stock market crashed in 1973-74 James lost what little he did have. He borrowed money from Charity and Leonard. At the age of 40, James was unemployed and frustrated. His collection of guns became an obsession. He became delusional. James believed that the FBI was responsible for his inability to hold a job. He complained that his phone was tapped and that he was being followed. He envisioned a conspiracy. The FBI, local police and the Sheriff's Dept. were all acting in concert and were all out to get him. James Ruppert needed help badly. That help was not to come.

  Leonard. Alma and their eight children

  By 1975, the situation at 635 Minor Avenue was critical. Being out of work, James was unable to contribute and routinely skipped payments to his mother. Charity threatened to kick him out of the house. James had been looking forward to the annual family reunion. Every year on Easter Sunday the family would get together for the day. James spent Good Friday down by the river shooting at cans with his .357 magnum. Easter Sunday was just around the corner.

  Leonard, Alma and their eight children arrived at Charity's home early on Easter Sunday afternoon. They immediately began an Easter egg hunt in the front yard. A neighbor, George Wroot, would later remark how happy everyone seemed. James was still upstairs in his bedroom sleeping. At about 4pm James went downstairs and talked with Leonard for awhile. James would later say that the chat was mostly about politics and the stock market. He watched his nieces and nephews playing in the living room. He then excused himself and went upstairs. Leonard and Alma joined Charity who was busy in the kitchen. While they were chatting and the kids were playing in the living room, James was upstairs arming himself. He came downstairs with his .357 magnum, two .22 caliber pistols and a rifle. He walked into the kitchen and shot Leonard. Alma was the next to die. At the sound of the shots, 9 year old Teresa and 11 year old David ran into the kitchen. Charity rushed toward James but was shot dead. Teresa and David were killed next. James then searched the rest of the house, killing each child one by one. Leonard III age 17, Michael 16, Thomas 15, Carol 13, Ann 12 and four year old John were all murdered. In real time, not more than five minutes had elapsed. Eleven were dead and an entire family had been wiped out.

  The scene of the crime

  The surviving member of the Ruppert family remained calm throughout the massacre and its aftermath. He changed his clothes and then sat alone with the bodies and his thoughts for more than three hours. At 9:41pm he called 911 and calmly told the dispatcher, "there's been a shooting here. There are bodies in the house." He then waited by the door for the police to arrive. The scene that greeted the police, paramedics and investigators would haunt them for the rest of their lives. Prosecuting attorney John Holcomb arrived at the crime scene with the police chief and the county coroner. He had this to say..."When I walked through the front door, right into the middle of all that carnage I saw that little four year old boy with blue corduroy overalls on, a long sleeve blue cotton shirt and lying on the floor at the foot of the couch stretched out with a bullet hole in his head. In his outstretched right hand, he had partially opened the tin foil purple wrapper off a chocolate Easter Egg. That was a sight that shook me to the depths of my soul and I have never forgotten it. I stepped into all that carnage. It was so bad that when I went into the basement you had to be careful because the blood would seep through the floorboards and it would drip on you."

  James Ruppert in custody

  James Ruppert was charged with 11 counts of aggravated murder. He did not talk to the police or the investigators. He pleaded not guilty by reason of insanity. The defence presented several psychiatrists to back their claim. Meanwhile, the prosecution claimed that James was hoping to be declared insane. According to them, at some point later James thought he would eventually be declared sane and then would stand to collect $300,000 in life insurance plus any savings and investments that belonged to Charity, Leonard and Alma. Yes, the law does work in mysterious ways. However, if he was found guilty of murder, James would not be able to collect. A not guilty by reason of insanity verdict would mean that he would be sent to a state mental hospital and "when he would eventually be declared sane, he would walk away with $300,000 in his pocket.

  On July 3, 1975 James Ruppert was found guilty and sentenced to 11 consecutive life terms. The defence filed immediate appeals, the verdict was overturned and a new trial was ordered. On July 23, 1982 James Ruppert, who was now 47 years old, was found guilty of two counts of murder. The guilty verdicts were for the murders of Charity and Leonard. He was found not guilty by reason of insanity in the murders of Alma and her eight children.

  James Ruppert confers with his attorney

  The prosecutor John Holcomb said, ". Holcomb says that they did not seek the death penalty because "it was obvious there was a mental component
which is always a mitigating factor."

  In 1995 the state of Ohio pretty much let it be known that James Ruppert would never go free. Ruppert had served 20 years of his sentence and was eligible to apply for parole. He requested and was granted a parole hearing. At that hearing, the Ohio Parole Board ordered him to serve another 40 years before he can reapply. That will take Ruppert to 2035 at which time he will be 101 years old. Ruppert is serving his time in the Allen Correctional Institute in Lima, Ohio. The last word goes to George McNally who was the police chief in Hamilton, Ohio back in 1975. “I suppose my overriding sentiment is anger, at him and the system which lets him live."

  Police Chief George McNally

  Murder at McDonald’s

  The McDonald’s in San Ysidro

  San Ysidro, California 1984: San Ysidro is part of the southern section of the city of San Diego. The San Ysidro port of entry into Tijuana, Mexico is the world’s largest land border crossing. In 1984 the name San Ysidro became synonymous with the largest mass murder in the United States up to that time.

  James Huberty was born in Canton, Ohio on October 11, 1942. At the age of three he was diagnosed as having polio. He recovered but was left with a limp. When James was eight years old his mother and father came to a parting of the ways. Against Mrs. Huberty’s wishes, his father bought a farm in the Amish part of Pennsylvania. His mother took flight and young James was never the same. James had become quiet and had developed a reputation as a loner ever since his mother departed. He went on to earn a degree in sociology and obtained an embalming licence. While he was working at a funeral home, James met Etna who would become his wife several years later. The couple would relocate back to Huberty’s birthplace of Canton, Ohio where James found work as a welder. Two daughters were born in Canton but the marriage was not what one could call blissful. It was a violent household with James frequently taking out his frustrations on his wife. A neighbor once complained to James that his German Shepherd dog was scratching up his car. James promptly grabbed his gun and shot his dog in the head. For her part, Etna was no angel either. While at a friend’s birthday party Etna demanded that her daughter Zelia assault one of her classmates. When confronted by the girl’s mother Etna pulled a gun on her. She was later arrested but quickly released.

  James Huberty and family

  In 1983 James was involved in a motorcycle accident that damaged his right arm. His arm would involuntarily shake at any time. This made it impossible for James to continue with his job as a welder. His behavior started to become even more bizarre. He began to have delusions and thought that the United States was on the brink of a nuclear war. He prepared for this by buying thousands of dollars of non perishable food to keep in the house. He also bought guns and ammunition in order to defend his home and his family. However, by 1984 James had decided it was time to hit the road again. This time his destination was Tijuana, Mexico. It is worth noting that the food that James had obtained was left behind in Ohio. The guns and ammunition however were taken along. The stay in Tijuana was short-lived and the Huberty clan soon crossed the border and settled in the part of San Diego known as San Ysidro. The summer of 84 began quietly enough as the family found an apartment and James found work as a security guard.

  James Huberty

  For reasons that remain unclear James lost his job in early July. He still believed that society was on the verge of collapse. James must have sensed that something was not firing on all cylinders because, on July 17, he phoned a mental health center. The receptionist at the center took his name down and promised that someone would call him back. The problem with that was that the receptionist took the phone number down wrong and wrote the name down as Shouberty. James did not receive a return call. The next day James, like any normal family man might do, took his wife and kids to the San Diego Zoo. Later on they went to a McDonald’s near the zoo and then returned home. Back home is where normal stopped dead in its tracks. Upon arriving at home, James changed into a camouflage outfit and gathered up his lethal arsenal: a 12 gauge Winchester 1200, an Uzi Carbine and a Browning Hi-Power 9mm automatic handgun. Etna asked him where he was going and James replied, “I am going hunting. Hunting humans. Society had its chance.” Etna did not think to call the police. A witness saw Huberty leave the apartment carrying the firearms and walking down San Ysidro Blvd. and he called the police. Sadly, the dispatcher gave the police the wrong address. James Huberty was now just three blocks away from his destination…the McDonald’s at 460 W. San Ysidro Blvd.

  At 3:40pm Huberty entered the McDonald’s and started shooting. Police received a call about gunshots being fired inside the restaurant. Just after 4pm police and paramedics arrived but were sent running for cover by gunfire. At 4:30pm SWAT commander Jerry Sanders was finally alerted. His pager had not been working properly. Meanwhile, the carnage inside was continuing as two people escaped through the back door. They gave the police an accurate description of Huberty and his weapons. They claimed that there were at least 15 people still alive inside. By 5pm a SWAT sniper was in place on the roof of the post office while Huberty was shooting out a window and firing shots towards San Ysidro Blvd. Jerry Sanders arrived at the scene and gave the okay to fire at Huberty if and when they got a clear shot. At 5:17pm SWAT sniper Charles Foster, from his perch atop the post office, fired a single shot from his telescope-sighted .308 caliber rifle. It is the shot that ended the massacre.

  Swat and police at the scene

  Paramedics working on the injured. At right, McDonald’s employees

  Eleven year old Omarr Hernandez was killed outside

  Before the sniper took him out, James Huberty had fired 257 rounds and killed 21 people. Included in the dead was an eight month old baby and five employees of McDonald’s. Two months after the murders, McDonald’s tore down the restaurant and donated the land to the city of San Diego. A Center for Higher Learning was built as a satellite campus for Southwestern University. In front of the school there is a monument dedicated to the 21 victims. It consists of twenty-one hexagonal blocks of granite ranging in height from one to six feet. Families of the victims unsuccessfully sued McDonald’s. It was decided that McDonald’s could not be held responsible for the act of a madman. Jean Kroc, widow of McDonald’s founder Ray Kroc, established a trust for the victim’s families to cover the funeral costs and for counseling. Etna Huberty also attempted to sue the fast food chain claiming that James ate far too many Chicken McNuggets which contributed to his rage. I’m not making this up. That suit was also unsuccessful.

  The McDonald’s Massacre as it came to be known was the deadliest mass murder inside the United States up to that time. It would be surpassed in 1991 at Luby’s Cafeteria in Killeen, Texas.

  A monument to the 21 victims at the site

  Southwestern College now occupies the site

  Could this have been prevented? It seems like a perfect storm of events unfolded allowing this crime to take place. The mental health center got Huberty’s name and number wrong and did not call him back. Could they have helped? Etna Huberty did not call the police even though her heavily armed husband told her that he was going out “hunting humans”. Would a call to the police from Etna have prevented the massacre? The police dispatcher gave the police the wrong address when the neighbor reported James walking down San Ysidro Blvd. armed to the teeth. If the police had been given the proper information, would they have arrived in time to prevent the slaughter? It seems likely that the police might have reached Huberty before he arrived at the restaurant. What about SWAT? The first SWAT team was at the scene at 4:35pm. A SWAT sniper team was in place on the roof of the post office at 5:02pm. The SWAT commander did not arrive on the scene until 5:13pm, apparently due to a faulty pager. Would Huberty have been taken out sooner and would lives have been saved if not for a malfunctioning pager? We will never know for sure but it appears that all of the above contributed to those awful events in July, 1984.

  The Luby’s Massacre

  Killeen, Texa
s 1991: Up until 1991 the city of Killeen was mostly known for its proximity to Fort Hood. After October 16, 1991 people would forever link Killeen with one of the worst mass murders in American history.

  The 1984 rampage at the McDonald’s in San Ysidro in 1984 was the worst mass murder inside the US in terms of the number of victims. There were 21 killed and 19 injured by James Huberty. Seven years later, George Hennard would eclipse that number. George was the first of four children born to Gloria and Dr. George Hennard. George’s father was an army doctor and the family bounced around the United States as the doctor did stints at a number of army hospitals. George met his friend Lou Cattogio when both were in elementary school and living at the White Sands Missile Base in Las Cruces, New Mexico. Lou remembers a boy who was “quite an outgoing kid. Everybody thought he was cool. He was a good looking kid and everybody looked up to him.” Lou also remembers an event in George’s life that seemingly changed the boy overnight. “George came to school one day looking like he’d been mauled. It looked like the old man had taken a butcher knife and cut his hair. He was never the same after that. He was completely introverted.”

 

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