Wyoming, upon information and belief, do solemnly swear that
COUNT I
on or between the 6th day of October, 1998 and the early morning hours of the 7th
day of October, 1998, in the County of Albany and the State of Wyoming, the said
RUSSELL HENDERSON committed the offense of "kidnapping" in that said Defendant,
at said time and place, did unlawfully confine another person, with the intent to inflict
bodily injury on or to terrorize the victim, the same being in violation of Wyoming
Statutes ¤6-2-201 (a)(iii) (as amended) and against the peace and dignity of the State of
Wyoming.
THE ESSENTIAL FACTS ARE that on or between October 6, 1998, and the
early morning hours of October 7, 1998, the Defendant, RUSSELL HENDERSON, and
Aaron McKinney met Matthew Shepard at the Fireside Bar, and after Mr. Shepard
confided he was gay, the subjects deceived Mr. Shepard into leaving with them in their
vehicle to a remote area near Sherman Hills Subdivision in Albany County, Wyoming.
En-route to said location, the Defendant struck Mr. Shepard in the head with a pistol,
and upon arrival at said area, both subjects tied their victim to a buck fence and
continued to beat and terrorize him while he was begging for his life. The Defendant
and Mr. McKinney were successful in their attempts to obtain the victim's address from
Mr. Shepard in an effort to burglarize his home.
COUNT ll
on or between the 6th day of October, 1998 and the early morning hours of the 7th
day of October, 1998, in the County of Albany and the State of Wyoming, the said
RUSSELL HENDERSON committed the offense of "aggravated robbery" in that said
Defendant, at said time and place, did intentionally inflict serious bodily injury on a
person while in the course of committing the crime of robbery, the same being in
violation of Wyoming Statutes ¤6-2-401 (c)(i) (as amended) and against the peace and
dignity of the State of Wyoming.
THE ESSENTIAL FACTS ARE that on or between October 6, 1998, and the
early morning hours of October 7, 1998, the Defendant, RUSSELL HENDERSON, and
Aaron McKinney drove Matthew Shepard to a remote area near Sherman Hills
Subdivision in Albany County, Wyoming, where they tied Mr. Shepard up with rope,
robbed him, tortured him, and beat him with the butt of a pistol. The subjects took the
victim's credit card, wallet containing cash, his shoes, and other items, and obtained the
victim's address in order to later burglarize his home. Both the Defendant and Mr.
McKinney were later contacted by officers of the Laramie Police Department who
observed inside the cab of their pickup, a credit card and a pair of black patent shoes
belonging to the victim, Matthew Shepard. The victim's wallet was hidden in the home
of Aaron McKinney.
COUNT lll
on or between the 6th day of October, 1998 and the early morning hours of the 7th
day of October, 1998, in the Count- of Albany and the State of Wyoming, the said
RUSSELL HENDERSON committed the offense of "murder in the first degree" in that
said Defendant, at said time and place, did purposely and with premeditated malice, or
in the perpetration of, or attempt to perpetrate, any sexual assault, arson, robbe-c,
escape, resisting arrest, kidnapping or abuse of a child under the age of sixteen (16) C-
years, kill a human being, the same being in violation of Wyoming Statutes ¤6-2-101(a)
and (b) (as amended) and against the peace and dignity of the State of Wyoming.
THE ESSENTIAL FACTS ARE that on or between October 6, 1998, and the
early morning hours of October 7, 1998, the Defendant, RUSSELL HENDERSON, and
Aaron McKinney drove Matthew Shepard to a remote area near Sherman Hills
Subdivision in Albany County, Wyoming, after the victim had confided to Mr. McKinney
and Mr. Henderson that he was gay. When they arrived at said location, Russell
Henderson and Aaron McKinney, with premeditated malice, tied Mr. Shepard up with
rope, robbed him and tortured him, while beating him with the butt of a pistol. During the
incident, the victim was begging for his life. The subjects then left the area, driving in a
truck owned by Aaron McKinney's father, and leaving their victim for dead. Both the
Defendant and Mr. McKinney were later contacted by officers of the Laramie Police
Department in the area of 7th and Harney Streets in Laramie, Albany County, Wyoming.
Both subjects fled from police officers when contacted, and officers observed a .357
magnum pistol covered with blood in the back of the pickup. Observed inside the cab
of the pickup were a credit card and a pair of black patent leather shoes belonging to
the victim, Matthew Shepard. The Defendant and Mr. McKinney told their girl friends to
provide an alibi for their whereabouts at the above time and location. The girl friends
further stated that the wallet taken from the victim was hidden at the home of Aaron
McKinney. The victim, Matthew Shepard, later died from injuries sustained as a direct
result of the actions of the Defendant and Aaron McKinney.
I, Cal Rerucha, County and Prosecuting Attorney in and for Albany County,
Wyoming, do solemnly swear that I have read the above and foregoing Complaint, that
I know the contents thereof, and that I have been reliably informed and verily believe
the facts therein stated to be true. So Help Me God.