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Robert T was convicted in Maricopa County of murdering philanthropist Mark Jones during an armed robbery the
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prosecution is seeking the death penalty Robert to putting the zip tie around Mark Jones's
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neck and listening to the noises that Mark Jones made and he tightened it until was
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dead Robert to was a killer we didn't need to kill this man but he did anyway that was a drug addicted wild
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crazed human that I don't recognize the day before this murder took place he and his girlfriend had
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robbed a restaurant so he was on a bender Robert was convicted of murder and sentenced to death when the judge
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said I sentenced you to death I had this urge to just jump over the railing and hug
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him my name is Christine toy mlan there's my brother my sober non-addicted brother and then there's the monster
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they killed the man [Music] [Music] in 2012 47-year-old killer Robert toy was on death row in
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Arizona when a date was set for his execution he made one final plea for clemency good morning there are two
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things that we'll be considering today and they would be number one Mr T's
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request for a commutation of his sentence after which we will then take a vote on whether or not a reprieve uh of
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Mr T's schedule of execution should be recommended to the governor Mr to go ahead
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[Music] first and foremost I'd like to apologize to Mark's family I have the deepest regrets for
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what I did and then and I'm truly sorry for their loss for what I did to them I truly wish with my heart that I
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had not taken Mark's life and it's a terrible thing that I did and I should never have it should
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never have happened to said that he knew he didn't need to kill this man but he did anyway
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he put a zip tie around the man's neck and just pulled it tight until the man
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was dead Robert Tower's sister attended in support of her brother and to testify
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about the abuse she and Robert had suffered at the hands of their mother um I'm Robert's
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sister it wasn't mile Che abuse that we went through and post-traumatic stress
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syndrome has affected all of our lives a member of the clemency board stated their
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opinion he thought quite rationally that a gun makes noise and zip ties don't
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that to me is a rational thought product I'm not convinced that he was under the
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the dire influence of all these evil things that had occurred to the man in a in a in a very
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wretched environment up to through [Music] childhood I would like to apologize to
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my family for being such a train wreck for so many years I'm sorry that my actions 20 years
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ago is bringing back all the pain of our pass Robert toy was born on July 20th 1964 Christine was 2 and 1/2 years old I
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remember feeling this sense of excitement about having a little brother coming to the
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family this picture is from August of 1965 and he was born in July so he was about a year old
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I'm looking like I'm not very happy in this his mother was very abusive physically
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abusive emotionally abusive Robert had no Father Figure in his life his birth father left shortly
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after he was born Robert and Christine's mother was left alone to raise her young
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children in 1966 the family left Florida and moved to Arizona this picture might have been
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right after he moved to Arizona because there's no dad in the picture so I think
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this was after my mom left it's crazy to me cuz I look at these pictures and when they said smile
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we smiled I think we just obeyed everything because if I look at her face now and I think back on seeing that
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woman there was just so much violence happening to all of us at that time we were beaten regularly we were
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screamed at all the time one of the things I remember is her continually telling Bobby you're going to end up in
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prison for the rest of your life you're no good you're [Music] awful I was in fear for my life I was
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always afraid that she was going to kill me you know I've got scars on my body that some of them I know are her
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doing when their mother was on a rampage they would hide there Robbie as they called him would
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bear the brunt of that and and you know usually be be beaten savagely it's unbelievable how much
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distress and disturbance and violence those children would have experienced in the family environment that Christine is
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describing it sounds horrific absolutely horrific even away from his mother Robert wasn't
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safe by the time he was six he had been raped by a neighbor he had been accidentally
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shot and I don't know the exact circumstances of how he was shot but he had experience all of this abuse the
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only people Robert and Christine felt they could count on on were each other he and I were very
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close growing up throughout it all like he and I always just had each other's back like
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there was just this connection there when we were little and we'd get banished to our rooms his was right
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across from mine and we would use these little hot wheel cars we would put notes on that little
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car and like scooted across the hallway to each other and then communicate back and forth like that I remember going and
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sitting in your room a lot sometimes when you weren't even there it was like
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the only place I felt safe I guess for mom I always felt as so you'd protect me
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even when you told on me and I got in trouble I know you never told on me to get me
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hurt they do have a sense of loving one another as siblings but also they had something in common which was there was
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a monster in the home who was the mother figure who was supposed to be loving and taking care of
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them and she was the antagonist so they banded together to support each other that's a sensible survival
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method as Robert and Christine grew up their mother had a number of Partners In 1976 she started a new relationship with
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a man who would play a pivotal role in Robert's life he would come and work on
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my mom's car and Robbie was probably 12 years old and so they would be out there working
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on the cars together or so we thought it turns out he was teaching him how to steal cars and how to rob
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people our neighbors had this Volkswagen that they parked in front of their house
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and one morning I looked out there and I'm like their tires are gone where are
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their tires for their car Robbie goes he taught me how to do that so that was like his
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mentorship this is the most loving figure of a parental nature that Robert had so that's what he did he's found a
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way to function in a world because he had no other alternative out of the blue Christine
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and Robert's mom decided to leave Arizona and went to live with her sister and brother-in-law in
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Louisiana my brother moved with my mother to Louisiana he was probably 15 or 16 I didn't go with because I was like
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oh heck no I've had enough of this I'm going to stay here and live my life and
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I had already had a job I felt bad when he left because I knew that that he was going to be alone
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with her and that was kind of scary to think about in Louisiana teenage Robert continued his life of
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crime and he also found a new Vice that's when he was first introduced to the hard drugs my aunt and uncle tell
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me the story about how you know he'd show up and they would kick him off the
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property because he was just Wildey and crazy Robert increasingly got involved in
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crime he worked both sides of being a mechanic fixing cars and knowing how to steal them and how to steal the
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parts he was a monster he was fueled by methamphetamines and anger and a a wretched hor
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[Music] upbringing Robert to had been living in Louisiana for 2 years he was now 177 a
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drug addict and committing crimes to feed his habit my aunt called me one day and said okay your brother's off he's
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off to jail we had him arrested because he's been stealing from us he's been stealing
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from the neighbors and he's not doing [Music] okay when he was arrested they searched
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the house that they lived in they found money stashed in the walls when the cops put him in the car
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they were standing behind the patrol car and he turned around and looked at them
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through the back window and they described this look on his face that scared them and they called it like it
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bone chilling they were literally afraid that if he ever got out that he would hurt
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them Robert to was sent to a juvenile detention center when my brother got arrested and was put
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in juvenile detention I we may have written some letters because I have some memory of knowing that he was very
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afraid talking about Louisiana you know it's humid it's hot the cells were
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filthy the food was moldy Robert's previous crimes committed in his home state of Arizona eventually
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caught up with him and around 2 years later he was suddenly transferred to an adult prison back in Arizona he had
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committed crimes while he was here before he left to Louisiana and they brought him back the crimes were
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committed before he was [Music] 18 with her brother now closer to home Christine went to visit
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him I visited him probably once or twice a month for sure we developed our closest Bond he
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was sober and that's I think when our adult relation ship probably was most developed during that time that I was
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visiting him in prison it was just so good to have him in my life again and he was my best friend and
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somebody that I cared deeply [Music] about after 5 years in perville state prison Robert toy now 24 was released
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and placed on parole when he was released from perville I had this Camaro and I put champagne and ice bucket in
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the back trunk I picked him up we got in the car and I said I have some champagne in the back we're going
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to celebrate when we took these pictures he's fresh out of prison he looks very
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calm and soft but when he's doing like the full body pose you know he's he's
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posturing the look on his face is so different and dark when he's with my mom
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than the contrast than when he's with me Robert got work as a mechanic he was living the good life he
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was working he had a woman in his life he was so excited just having a normal life he was
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doing well a year later Christine began to notice a change in her brother's behavior that worried
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her there were times when he'd show up and he was perfectly fine and there were
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times when he would show up and I would be like I'm smelling it again he and I
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were so close that I could feel his mood and feel him kind of like is this the Good Robbie is this the evil
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Robbie I've seen the scared Robbie I've seen the evil Robbie I've seen the good
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Robbie Robert was back on drugs he was doing so much methamphetamine that he could how he didn't die is
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beyond me how he didn't overdose is beyond me this is what I need to do as a
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survival mechanism this is who I am this is how I live it just goes into this massive vicious cycle of drug abuse
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crime that's the path he's taken as an adult he was going down a darker Road
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and I knew that and there was just a disconnect I don't think we talked very
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much at all during that time I knew that he had started his own business he was an auto mechanic so he
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was doing like this mobile service so I knew that he was working I think that was kind of why I just didn't really
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worry about it too much so he was busy having his life and doing his thing and I was busy doing
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mine Robert Tower needed to fund his drug addiction and went to rob a local restaurant he had gone to a restaurant
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to steal money from the till when he went in he had a gun he Shot the Jukebox to scare everybody to
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stop them and then there was only like five or six people I guess in there he tied them all up with zip ties and they
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robbed it his girlfriend was waiting in the car for him they sped away from the scene of the
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[Music] crime in the evening of September 4th 1991 27-year-old Robert to and his
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friend Randy Barker waved down a cab and told the driver to take them to Paradise
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Valley and to the house of a well-known local philanthropist Mark Jones Paradise Valley is a very richy
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area the houses tend to be large you know they're far enough away from each other that uh you wouldn't necessarily
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hear anything you wouldn't necessarily notice anything Robert had done business with
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Mark Jones before he had borrowed money from him and he had done mechanical work
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for him so he knew that he he knew that he had cash he knew that he he knew that
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he had a a well apportioned home their story was that uh the car broke down and they wanted to use the
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phone Robert had said you remember me and Mark Jones let them in they both knew the victim they had
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been to his home on a number of occasions on this particular day uh they they went there uh to Rob
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him Robert pulled a gun on him and made him lay down in the bed so he could be more comfortable and then
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had brought large long zip ties uh one of which he put around uh uh Mark Jones's
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neck while my brother was ran in the house and stealing things Randy was holding a gun on Mark to keep him from
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getting away from keeping him from escaping and then at some point in time my brother came into the room and ended
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up using zip ties to choke Mark to death and pulling it tight and listening to the noises that Mark Jones
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made at a point where he thought that Mark Jones was dead he had stop making noises and then
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realized he was not dead and he did it again and he tightened it until Jones was
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[Music] dead 24 hours after the drug fueled robbery and murder the body of Mark Jones was found by police after a
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neighbor had called to ask them to do a welfare check on Mark as Mark Jones's house became an active
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crime scene Towery was visited by police who were questioning him about the armed
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robbery he recently committed one of the waitresses that he had not tied up he whispered in her ear you're going to get
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out soon you'll be fine just give me five so he had not tied her up he just wanted the
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money they got into a fight long enough that they didn't drive away the waitress
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and all the people got free and they came outside and got the license plate the license plate had led the
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police to Robert Tower's door as the police searched his home they made a shocking
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Discovery they found equipment stereo equipment and other stuff that belong to Mark and that's how they found out that
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he had been there and stolen all that stuff from him Robert to was immediately arrested and charged with four counts of
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robbery and four counts of kidnapping and the murder of Mark Jones when my brother first got caught
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he was still using he was still the typical meth liar he denied it denied it he was pleading not guilty to everybody
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including me when I found out that he killed a man I was mad and how selfish of you to like go
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down this road and get this screwed up and take somebody's life an innocent man's life what a wretched human you
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are I felt like you know what whatever he gets he deserves seriously and also I remember being worried about people
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finding out that it was my brother because I was [Music] ashamed 27-year-old Robert to had been
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arrested and charged for the murder of of Mark Jones and for armed robbery and kidnapping at a local restaurant was
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found guilty of robbing and kidnapping the only communication that we had during that time was just through
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phone calls and letters on May 1st 1992 to was sentenced to life imprisonment 3 months later on August
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3rd Robert toy went on trial for the murder of Mark Jones he plad not guilty Christine was called to the
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witness stand by her brother's defense lawyer how do you defend somebody who
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did something like that but the defense attorney had said you need to take the stand because they were really going to
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push on this abuse the child abuse the drug abuse all that when I took the stand I was so callous in the beginning
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because I was angry with him I guess I said whatever he did there's no excuse
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for it doesn't matter how you're brought up it doesn't matter if you're on drugs
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or what you're on drugs you still make these choices the Jud said I'm looking at two
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women who seem to have come from the same place and they fine they're not murderers they're not thieves they're
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not drug addicts they're fine Robert toy was found guilty of the murder of Mark Jones and on November
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20th was sentenced to [Music] death when the judge said I sentenc you to death I had this urge to just jump
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over the railing and hug him and I didn't for two reasons I didn't want to
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get in trouble my second thought was what if he grabs you and like I'm going to kill her
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if you don't let me out of here the moment was more full of Fear And Regret than anything else cuz I wanted
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to hug him and hold him he just got sentenced to death and I couldn't do that my name is Dale be I represented
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Robert towry when he was on death row in Arizona in order to be eligible for the
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death penalty in Arizona there has to be murder plus something more that would be what's called aggravating
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circumstances so for instance if a murder is committed uh in the course of a robbery uh that murder would be
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eligible for the death [Music] penalty there's two people there there's the
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murderer who nobody has any feelings for and then there's the human who's my
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brother who I've loved my whole life and I love him still I wasn't going to think about it every
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day I was going to make it like Define my life and what I was doing so I didn't visit him very much
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because when you when you go to visit it brings everything to the foreground in the beginning because I
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was so mad and honestly really kind of callous about it he was an imposition to me he had not owned it yet he had not
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apologized he didn't show remorse and throughout that time I had no respect for
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him Randy Barker Robert to's friend was also charged with murder but it did not
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go to trial Randy Barker entered into a plea agreement the second degree murder in exchange for his testimony against
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Robert toy he was sentenced then to 10 years in prison after 5 years behind bars
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Christine started to see a positive ch change in her brother everything changed when he admitted to me that he did it
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and I could see that he felt bad and had remorse for doing it that's when things
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shifted dramatically for me as far as my how I felt about him Christine continued
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to visit her brother over the next 20 years I didn't visit as much as I probably should have or could have but I
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wrote a lot of letters we had a lot of phone calls every time I went to see him I
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dreaded the experience because it made everything real again it brought everything to the
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foreground while I was in the visit itself I was perfectly fine we were we'd
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have good conversations and he'd play with the kids and we had good times but then I would get
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home and I'd be all messed up again because it was now real it was now in my
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face again that this was actually my life this is my brother's life and it was an inconvenience and I'm guilty I'm
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feeling guilty because I don't want to spend my time visiting him but yet there
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he is all alone 20 years after his conviction Robert to's execution date was set for
00:27:40
March 8th 2012 I met Robert uh probably 6 months before he was scheduled to be executed I was very impressed with him
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as a person I saw uh a lot of uh remorse uh and Humanity in Robert he was approaching his scheduled
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execution date and we tried to put together a case uh asking for Robert's life to be
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spared on February 2nd 2012 48-year-old Robert how was moved to death watch 35 days before uh a
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scheduled execution date uh the prisoner is removed from his cell on death row and put in a special
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cell a person is watched at 24 hours a day 7 days a week it's a very restrictive
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environment if Robert needed toilet paper he would have to ask for it they're just watch they want to make
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sure that the person does not commit suicide you know which is which is ironic U that they want to
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make sure that the person is executed rather than um taking his own life a month later on March
00:29:22
2nd Robert to and his team of lawyers including Dale Bach tried to get his death sentence commuted to life in
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prison Robert wanted a clemency hearing because Robert wanted to live Robert wanted to publicly uh
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Express uh the remorse uh for uh what he did and to apologize to the family of Mr
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Jones first and foremost I'd like to apologize to Mark's family I have the deepest regrets for what I
00:30:01
[Music] did I was at the Clemy hearing the clency hearings are held in a big Auditorium where they had death rad it's
00:30:12
the last chance uh that uh uh a condemned person can uh can possibly you know ask that their sentence be commuted
00:30:22
that uh that the execution be stayed Robert wanted to live because he was able to build a life while he was on
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death row uh he was no longer using meth um he had sobered up uh and Robert grew uh as a person he rebuilt his
00:30:47
relationship with his family he was mentoring his sister's son who did not have a father figure in his life so
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Robert had a lot to live for and he was willing to spend the rest of his life uh
00:31:02
in prison he's a human being he wasn't sitting at a table Shackled or whatever
00:31:09
he was literally in a cage like an animal I was like why why why is he in a cage it's
00:31:18
ridiculous to's defense team spoke about the trauma Robert experienced at the
00:31:24
hands of his mother Robert's about 6 years old in this Photograph this is the year that
00:31:31
Robert almost lost his leg to his mother's discipline Robert's about 8 years old in this picture this is around
00:31:37
the time that Robert's mother bound and gagged him and stuck him in the floorboard of the Family's
00:31:45
car it was then the prosecutor's turn in the hearing your story is very similar to a
00:31:54
lot of individuals we see in your situation they've come from horrendous backgrounds they're drug addicts and
00:32:04
commit a crime that they terribly regret years later they've done well in prison
00:32:11
but the issue is the crime why should we look at you any different than any of the other folks in the same
00:32:24
situation all I know is that I've done my best to Chang my life 20 years I've
00:32:31
spent getting it together and trying to be a good dad and good uncle that's all I can do and try to
00:32:41
speak about the life destroying aspects of drugs I'm nothing special Robbie was pretty emotional
00:32:51
during the clemency hearing he was speaking from his heart he had his statement prepared he choked up during
00:32:59
it I truly wish with my heart that I had not taken Mark's life and it's a terrible thing that I
00:33:06
did and I should never have it should never have happened the prosecution responded this
00:33:16
individual that committed this crime but now he's cloaked as a victim I tell you
00:33:23
that right is right and Justice is justice [Music] and I ask that you not buy into this
00:33:32
notion that he's a victim and I ask you to not commute his sentence a decision
00:33:37
on the fate of Robert toy was made Mr chairman I come down on the side of not favoring a commutation to Mr
00:33:47
to this crime was one of the worst of the worst and when he perpetrated this crime Mr toy was one of the worst of the
00:33:55
worst but it was just too late you know [Music] 4 days after the clemency hearing and
00:34:07
the evening before Robert to's execution Christine and Dale went to visit him he hadn't had any human touch
00:34:16
for 20 years and I hadn't hugged him in 20 years and he was about to be killed I said so when does that happen
00:34:23
she goes well it doesn't Arizona doesn't allow for that that was the first time I broke down
00:34:29
into tears because I had been planning on seeing him hugging him and and touching him for the first time in 20
00:34:38
years before they did that I saw Robert the night before he was scheduled to be executed he was strong his Spirit was
00:34:50
strong um he was preparing himself uh to die we went into VIs it and he had reconciled himself he knew
00:35:00
this was coming he felt like he deserved what was coming and he's like I'm I'm
00:35:06
good he called me Chris then he's like Chris I'm good and the guard says time's up and
00:35:13
I'm like no not not yet they're like no you got to go and that's when everything
00:35:18
kind of it it flipped in that moment I looked at him and as we were saying goodbye we put our hands up against the
00:35:26
glass and he just started crying and I started crying and I can't to this day I can
00:35:33
still see the agony in his face and it wasn't the fear of what was going to happen the next day it was the pain you
00:35:41
know of like the reality the end of the story that is well it was really happening I didn't want to
00:35:50
leave I didn't get to hug him I didn't get to talk to him without the glass
00:35:56
between us the day of the execution had arrived Christine was at the prison to support her brother the day of the
00:36:10
execution was very very strange we're standing there they file in the curtains open up and I was the
00:36:20
biggest shock of my life he's laying on the table and I immediately can see in his face
00:36:31
that the person I saw the night before is not the same person I'm looking at
00:36:35
now something went wrong when I tell the story about when he was a little baby like a very young child and my mom had
00:36:43
him on the floorboard and he was duct taped and he his hands were tied and he was like looking at me crying Help Me
00:36:48
Help me that face was there again he was looking tortured he had clearly been crying
00:36:58
I'm standing there like I'm 12 years old again and my mom is in charge and I
00:37:02
can't move and here's my brother who needs my help and again I'm not saving
00:37:06
him didn't save him the car didn't save him when he was drug addicted and I'm
00:37:10
not able to save him again here he is strapped and I can't stop it I can't
00:37:16
save him it was never Christine's job to raise her younger brother it's the
00:37:24
primary caregivers that's their job it's your mom and dad or whoever is is there
00:37:28
to take care of you it's the adults job to look after the children not the children's job to look after the other
00:37:36
children Robert noted I feel like a true monster for putting my kids through this
00:37:44
when I think about what I put Mar Jones's family through 20 years ago I'm
00:37:49
right where I should be I literally destroy two families with what I did I wish I could take it all back I'm
00:38:00
sorry so he closes his eyes and then he gas for air I continued to watch um as uh the
00:38:14
color left Robert's face a few minutes later there was an announcement that the
00:38:21
execution uh has been completed and the curtains closed I looked at my watch and I'm like it's
00:38:33
11:16 he's dead on March 8th 2012 Robert chry was executed by lisal injection she stayed afterwards and
00:38:56
later in the day they allowed her to to go see his body and as she described it to me she
00:39:07
went in and he was there and she just started to cry and she said Robbie you're finally
00:39:18
[Music] free the family members are so often the Forgotten victims we tend to forget that they have
00:39:32
also lost someone they're also related to the perpetrator they have to carry that
00:39:39
burden for the rest of their lives I want to make it really clear I'm not looking for sympathy on this we need
00:39:49
to help people that are on drugs we need to help people that have mental illnesses we need families to love each
00:39:56
other more to be more present to be more aware to be a little braver so when you
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see something move forward move into it and don't give up don't give up on that
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[Music] person in my heart when I think about my brother as a murderer I feel like I'm culpable in so
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many ways because I didn't save him which was my goal as a child it was always my goal to save
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him I wished I could have had him in my life when I needed him and me not doing more to stop
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it which is so weird because what power did I have none she can see that what he did was
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Dreadful but she also loved him it's so complex for her and I'm just in awe about the way
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that she describes that those threads of trauma because that that is what she's
00:41:08
living with every single every single day when she thinks about her own life Christine often thinks back to the
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day Robert was sentenced to death and to the moment she shared with the sister of her brother's victim Mark
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Jones [Music] I got a sympathy card and I wrote on there I am so sorry for the loss of your
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brother today I will lose mine [Music] too so I handed her the card the most incredible thing
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happened there was a pathway magically there and she and I met in the center of the courtroom and we hugged each other
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and we both cried and it was such a good feeling on the worst day of my life because I had somehow made it better
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somehow made it I needed her to know I was as sad for her as as as I was the monster that he was if I look at
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and think about that drug addicted violent [Music] monster I have no pain about his death
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but that's not who they killed the person that ended up being executed was not the same
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person I love him he's my brother [Music] [Music]