Tempe College Student Planned the Perfect Crime
He was tall, handsome, verbal, and charming. He was an eloquent debater 1 who gave an address in his speech class at Arizona State Teachers’ College at Tempe titled “The Perfect Crime.” 2 Tragically the ASTC student, Bob Bergunder, actually tried to carry out his perfect crime.
When Bergunder enrolled at the Tempe school, he was 22, older than the typical freshman.3 He came from Washington state, where he had spent the last two years in prison for grand larceny. He had amassed large gambling debts,4 and held up a drug store.5 His father, a former prosecutor, stated that Bob had had too much contact with his office, often listening to the questioning of criminals. Perhaps Bob wanted to “improve on their methods.” 6 His father had used influence to get him paroled and he came to Arizona for a fresh start. 7
His perfect plan was put into action after he again ran up large gambling debts.8 He bought an old 1929 model car and registered it under the name of Ben Lesser, another ASTC student. 9 He received a telegram stating that his father was dying in Seattle, although later it was discovered that the telegram had been sent from Phoenix.10 Displaying the telegram, he cashed $170 of bad checks,11 and used some of the money to purchase a .25 caliber automatic pistol.12
Bergunder went to Consolidated Motors, the Phoenix Ford dealer at 7th Avenue and Washington Street, rather than to the Tempe Ford dealer at 22 East 8th Street (University today) where he might be recognized. He took a new 1939 Fordor Deluxe Ford for a test drive, accompanied by two salesmen, Jack Peterson and Ellis Khoury. They drove to a remote area in the South Mountain foothills, west of Guadalupe. Bergunder forced the salesmen out of the car and tied them with their belts and neckties. Peterson tried to put up a fight, 13 and when he kept telling Bergunder that he “couldn’t get away with it,” Bergunder shot both salemen.14 “I shot Khoury first” “...and he sort of sighed, I shot him again. Then I swung to Peterson.” “He said he shot Peterson in the body, then in the head. After pausing a moment, he decided Peterson was not dead and fired the fifth shot.”15 He drove to where he had left his old car, put its plates on the new Ford,16 pushed his old car into a canal and left town.17
When the salesmen did not return from the test drive, a search was begun. Noting the disappearance of Bergunder at the same time as the salesmen, the Sheriff’s office showed a picture of Bergunder to the people at the Ford dealership. They identified him as the person who went on the test drive.18
Bergunder’s old car was found in a Salt River Water Users’ (Salt River Project today) Canal. It had been stripped, and the license plates were missing. Maricopa County Sheriff Lon Jordan asked for the draining of the canals The search then concentrated on the Superstition Mountain area, where Bergunder was know to hike.19 Descriptions of Bergunder were broadcast to the western states, asking that he be arrested for kidnapping and possible murder.20
Six days after the disappearance, rancher Melvin Oxford was disposing of a dead hog on a little used road west of Guadalupe, where he saw the trail of something that been dragged into a nearby wash. When he followed the trail, he found two bodies that had been tied up and shot. Officers were called, and they found discharged shells from a .25 caliber pistol near the bodies. They issued a murder warrant for Begunder.21
The killings made headlines across the country. Arizona offered a reward of $500 for Bergunder, dead or alive. His father, former Washington prosecutor, Robert Bergunder, Sr. appealed to his son to surrender.22 Sightings were reported as far away as Washington, and as close as New Mexico.23
The Mayor of Johnson City, Tennessee noticed a new Ford with Arizona license plates parked a few doors from his house. He notified the sheriff, who arrested Bergunder as he was leaving church.24 He had taken a room in a townsman’s house, saying that he intended entering East Tennessee State Teacher's College 25 under the name of Ben Lesser.26 Bergunder denied killing the salesmen, but declined to comment further, saying, “One wrong word right now might hang me.”27.
Sheriff Lon Jordan and County Attorney Richard Harless flew in from Phoenix to return Bergunder to Arizona.28 They drove back in the stolen car with Bergunder as their prisoner..29 They took an indirect route, fearing that Bergunder’s life might be in danger, after threats were made against him in Phoenix.30 They went by way of Little Rock, Abilene, El Paso, and then through Globe.31
At a stop in Globe, after eating ice cream and drinking a glass of tea, Bergunder confessed to the murders to Richard Harless and to reporter Harvery Mott.32 After confessing, he sighed and said,”I’m glad it’s over.”33 Mott asked if he felt any revulsion about the killings. “No,”he said, “it would have been different if I had known them, but they were strangers to me.”34
Bergunder’s father, Robert, Sr. and his ex wife, Ruth met Robert Jr. in Phoenix. He greeted his mother with a kiss, but he ignored his father.35 However, before his court appearances, he began conferring with his father.36.
Bergunder pleaded not guilty at his preliminary hearing, and a trial date was set for the following month.37 Attorney C. T. McKinney was engaged to conduct his defense. An insanity defense was planned.38
The trial was presided over by Judge Arthur LaPrade, after Judge Howard Spearman was disqualified on a charge of bias. A panel of 37 jurors was used to select twelve men and two alternates.39 The state began its case by calling Melvin Oxford, who found the bodies. The major witnesses were Sheriff Lon Jordan and reporter Harvey Mott, who testified about Bergunder’s confession to them in the Globe restaurant. Another confession, given at the county jail, was also introduced. Rigorous cross examination by the senior Bergunder and attorney McKinney was ineffective.40
A surprise witness for the defense was Bergunder’s father. He testified that Robert Jr. told of a second person who actually did the killings. However, the younger Bergunder would not identify the killer because of the jailhouse “code of silence.” He said, “...[I]n the reformatory there was a code of honor not to snitch on one another. When the man got in the car we made a pledge that if one was caught he would not tell on the other.”41
C. T. McKinney gave a defense of insanity, contending that Bergunder was insane because of his father, who exposed him to the vice and corruption of his office and was a hard and cynical person.42 In the closing arguments, the father abandoned the “unidentified accomplice” argument, and did not spare himself, saying that he was an ignorant father, and that his boy “was born into this world with a defective brain.” Asking for the insanity verdict, the father stated, “ The state of Arizona is going to have his life, either quickly or prolonged. What are the alternatives? death in the gas chamber, a quick death: life imprisonment, a slow death; confinement in an asylum, a horrible death.”
The prosecutor, Darrell Parker, summed up the state’s case, depicting Bergunder as “a savage killer, who, if freed, would again have blood upon his hands.”43 He urged the jury to give Bergunder “the same kind of mercy he gave Peterson.”44
This two-
Bergunder was sentenced to die in the Arizona gas chamber, on October 6, for the murder of Jack Peterson.47 This judgment was rendered by the jury, and Judge LaPrade was bound by law to observe it. The prosecution had vowed that if Bergunder was not given the death penalty, they would immediately bring him to trial for the death of Ellis Khoury.48
C. T. McKinney filed a motion of appeal, which automatically stayed the execution of Bergunder.49 Bergunder changed attorneys, and his case was appealed to the Arizona Supreme Court, delaying his execution into 1940.50
While awaiting the results of his latest appeal, Bergunder was informed of his mother’s early death. Although outwardly calm and composed, his demeanor seemed to indicate that he believed that his acts had caused her untimely death.51
When the appeals were exhausted, the execution date was set for August ninth. Robert Bergunder Sr. spent three hours with his son on the day before the execution. That evening, Bob had supper with his old college roommate, Robert Swearington. He confided to Swearington that the original confession he had given Sheriff Jordan was the correct version of the killings. The rest of the evening he spent with the prison chaplain and his original attorney, C. T. McKinney.52
He was taken from death row just before five a. m. and led to the gas chamber. He wore a pair of white shorts and black oxfords without socks. He was vigorously chewing gum.53 The small room outside the gas chamber was jammed with a pushing and shoving crowd of witnesses trying to get a glimpse of the condemned man. As he was being strapped in the wooden seat, He said,“ I admit the killings. I never tried to defend myself.” Then the door was closed. the cyanide pellets dropped into the acid and wisps of blue fumes began to rise. Bergunder breathed deeply without the convulsions of most executed men. He died within several minutes of his entrance into the gas chamber.54
Robert Swearington took with him from the death house a farewell message to a college sweetheart, known only as Shirley. She had visited him twice in death row, and had corresponded regularly with him. 55
Bergunder’s body was claimed by his grief stricken father who had spent a sleepless night in a Florence hotel room. He accompanied the body back to Washington.56
People were shocked when a person like Bob Bergunder turned out to be a cold blooded killer. He seemed to have it all. He was a good debater, a good journalist, and a good student. He made good grades with seemingly no effort. The ladies considered him handsome and charming.
He had a weakness for gambling, and ran up large debts. But, that is no reason to commit murder. He could have just disappeared, and enrolled in East Tennessee State College and started over.
If he wanted a new car, he could have left the salesmen in the desert. By the time they had walked back to town, he could have changed license plates and been headed for Tennessee.
He showed no remorse for the killings, had no affection for his parents and showed a contempt for society’s mores. Maybe he truly was insane.
Notes
1. Elizabeth Hampton James, Tempe Hieroglyphics, NP, 1995, p.74.
2. “Arizona Student Sought in ‘Perfect Crime’ Slayings,” Albuquerque Journal, Albuquerque, New Mexico, May 6, 1939.
3. “Arizona Offers $500 Reward for Killer’s Caputre,” Modesto Bee and News-
4. “Youth Confesses Arizona Murders in Death House,” Fresno Bee Republican, Fresno, California, August 8, 1940
5. “Reward Set for Student in Crime,” Kingsport Times, Kingsport, Tennessee, May 7, 1939.
6. “Prosecutor’s Son Killed Salesman to Get Motorcar,” Dunkirk Evening Observer, Dunkirk, New York, May 8, 1939.
7. ibid
8. Fresno Bee Republican, ibid.
9. “Bergunder to be Brought Back to Face Charges of Slaying Phoenix Salesmen,” Yuma Daily Sun, Yuma, Arizona, May 8, 1939.
10. Albuquerque Journal, ibid.
11. Yuma Daily Sun, ibid
12. “Bergunder Admits Slaying Salesmen,” Charleston Gazette, Charleston, West Virginia, May 15, 1939.
13. Yuma Daily Sun, May 5, 1939
14. Fresno Bee Republican, ibid.
15. Charleston Gazette, ibid.
16. “Bergunder to be Brought Back to Face Charges of Slaying Phoenix Salesmen,” Yuma Daily Sun, May 8, 1939.
17. “2 Phoenix Auto Salesmen Missing,” Yuma Daily Sun, May 2, 1939.
18. “Hunt is Made for three Men,” Reno Evening Gazette, Reno, Nevada, May 4, 1939.
19. “Hunting for Missing Trio,” Centralia Daily Chronicle, Centralia, Washington, May 4, 1939.
20. “Western States are Scoured for 2 Men,” Nevada State Journal, Reno, Nevada, May 4, 1939.
21. “Find Bodies of 2 Missing Phoenix Salesmen, Trussed then Slain; Hunt Student,” Yuma Daily Sun, Yuma, Arizona, May 5, 1939.
22. “Arizona Offers $500 Reward for Killer’s Capture,” Modesto Beeand News Herald, Modesto California, May 6, 1939.
23. Yuma Daily Sun, May 6, 1939, Albuquerque Journal, May 6, 1939.
24. “Prosecutor’s Son Killed Salesman to Get Motorcar,” Dunkirk Evening Observer, Dunkirk New york, May 8, 1939.
25. Yuma Daily Sun, May 8, 1939, ibid., East Tennessee State Teachers University, http://www.etsu.edu/facts/history.asp.
26. “Youth Denies Slaying Pair,” Daily Times-
27. ibid.
28. “Arizona Killer to Face Music,” Centralia Daily Chronicle, May 10, 1939.
29. “Bergunder in More Trouble,” Centralia Daily News, May 13, 1939.
30. Yuma Daily Sun, May 8, 1939, ibid
31. “Youth Denies Frome Deaths,” Ogden Standard-
32. “2 Confessions are Claimed,” Nevada State Journal, Reno, Nevada, July 7, 1939.
33. Charleston Gazette, May 15, 1939, ibid.
34. “Verbal Confession of Bergunder is given to jury,” Galveston Daily News, Galverton, Texas, July 7, 1939.
35. Charleston Gazette, May 15, 1939, ibid.
36. “Student to Fight Charges,” Mexia Weekly Herald, Mexia, Texas, May 19, 1939.
37 “Two Bergunder Cases Set for Trial, Phoenix,” Yuma Daily Sun, May 31, 1939.
38. “Change of Venue Denied youth in Slaying Trial,” Yuma Daily Sun, May 13, 1939
39. “Perspective Jurors in Bergunder Case quizzed on Issue of His Insanity,” Yuma Daily News, June 7, 1939
40. Galveston Daily News. ibid.
41. “Young Bergunder Blames another,” Albuquerque Journal, July 7, 1939.
42. “State Asks Death Penalty for Burgunder; Insanity is basis of Defense Plea,” Yuma Daily Sun, July 17, 1939.
43. “Murderer of Salesmen is Found Guilty,” Centralia Daily News, July 18, 1939.
44. “Found guilty; 1st Degree Murder; to be sentenced July 24; Appeal Planned,” Yuma Daily Sun, July 18, 1939.
45. Ibid.
46. Yuma Daily Sun, June 18, 1939, ibid.
47. “Bergunder Execution Set for Oct. 6,” Kingsport Times, Kingsport, Tennessee, July 28, 1939.
48. “Sentencing of Bergunder Set for Tomorrow,” Yuma Daily Sun, July 27, 1939.
49. “Bergunder Appeals,” Helena Independent, Helena, Montana, September 27, 1939.
50. “Bergunder Asks time,” Albuquerque Journal, February 4, 1940.
51. “Bergunder Calm When told of Mother’s Death,” Yuma Daily Sun, May 21, 1940.
52. Fresno Bee Republican, August 9, 1940, ibid.
53. “Student Pays for Slaying of Salesman,” Ogden Standard-
54. “Youth Admits Desert Killings Before Execution in Arizona,” Fresno Bee Republican, August 9, 1940.
55. Fresno Bee Republican, August 9, 1940, ibid.
56. “College Student Expiates Murder in Lethal Chamber,” Dunkirk Evening Observer, August 9, 1940.