Interrogation

July 21, 1976

First Interrogation of Gary Gilmore

The following interview was conducted by police Lieutenant Gerald Nielson at 5:00 a.m. on July 21, 1976, just hours after the murder of Bennie Bushnell, and two days after the murder of Max Jensen.

Gilmore's last statement, "...I'm in pain," refers to his having shot himself through the hand trying to hide the gun in a bush.



Interrogation


GILMORE:  What am I being held for?

NIELSON:  I don't know except I suspect armed robbery.  I'm almost sure that's what it is.

GILMORE:  What robbery?

NIELSON:  The one here in Provo tonight at the motel, and the one last night in Orem at the service station.

GILMORE:  You know, I can account for last night real well, and I can account for tonight . . .

NIELSON:  Not too well, Gary.

GILMORE:  Yes I can . . . I went and had some work done on my truck down at Penney's.  You'll see the receipts in the glove box, and I did some drinking.  The truck kept stopping so I took it down here . . . and told them . . . "Listen, I'll leave my truck here and I'll pick it up in the morning and go to work and go down here and rent a room."  I walked in and this guy had a gun on this guy.  I grabbed it and he tried to shoot me in the head, and I pushed the gun up, and it got me in the hand.  By that time, we was about outside, so I just went back down and got my truck and went out to Pleasant Grove . . .

NIELSON:  That's your story?

GILMORE:  That's the truth.

NIELSON:  I don't believe it, Gary, I really don't believe that, and I know that you know that I don't . . .

GILMORE:  I'm just telling you what happened . . .

NIELSON:  You know that story doesn't convince me, okay?  I can't understand why those people got shot.  Why did you shoot them, Gary?  That's what I'm wondering.

GILMORE:  I didn't shoot anybody.

NIELSON:  I think you did, Gary.  That's the only thing I can't understand.

GILMORE:  Listen, last night I was with that girl all night.

NIELSON:  What girl?

GILMORE:  April Baker.

NIELSON:  April Baker?  Where's she from, how can I get in touch with her?

GILMORE:  She lives in Pleasant Grove.  She was with me every minute.  Her mother will tell you that I went over there and picked her up pretty early in my truck.  See, I was going with her big sister, you know, who used to live out in Spanish Fork and we busted up, so I went over to show them my truck and April said, "Take me down here to get something for my brother," and I said, "Do you want to drive around and get some beer?" and she said, "Yeah."  She don't get along with her mother.  She said, "Okay," so we drove around and drank some beer, smoked some weed, and I said, "Let's get a motel, I have to work in the morning."  She said, "Go out here to American Fork."  Well, I couldn't find one, so I ended up coming back to Provo.

NIELSON:  Which place?

GILMORE:  Holiday.

NIELSON:  At the Holiday?  Did you sign in on your own name?

GILMORE:  Yeah, we stayed there until about seven.  I took her home.

NIELSON:  Seven this morning?

GILMORE:  Yeah, then I went to work.

NIELSON:  What time did you pick her up?

GILMORE:  Seven.  Five.  Seven.  I don't know.  I don't have a watch.  I don't like to wear watches.

NIELSON:  Was she with you when you stopped at the service station out there?

GILMORE:  I didn't stop at any service station.

NIELSON:  Gary, I really think you did.

GILMORE:  I didn't.

NIELSON:  You saw that .22 automatic out there on the way in?

GILMORE:  I seen a gun laying out there.

NIELSON:  Have you ever seen it before?

GILMORE:  No.

NIELSON:  Well, if it's registered to you, you're sunk.

GILMORE:  It ain't.

NIELSON:  Okay.  I don't know, Gary.  I can't . . .

GILMORE:  Hey, that's what happened.  I know you don't believe it.

NIELSON:  I really don't, Gary.  I really don't.  I think you did 'er, and I can't understand why you ended up shooting the people.  That's what I can't understand.

GILMORE:  Listen . . .

NIELSON:  Gary, that's really the way I feel.

GILMORE:  Do you think I'd shoot a person with that girl?

NIELSON: I don't know.  If you left her in the car down at the corner or she didn't know, that's another matter.

GILMORE:  You can talk to her . . .

NIELSON:  How do we get ahold of her?

GILMORE:  She lives with her mother . . .

NIELSON:  Can you tell me how to get there?

GILMORE:  I can give you a phone number.  She might be kind of hot that I had her daughter out all night . . .

NIELSON:  April Baker.

GILMORE:  She was with me all the time.

NIELSON:  How old is she?

GILMORE:  Eighteen.

NIELSON:  She's of age, then.  I don't know, it just looks bad, Gary … Can you describe the robber?

GILMORE:  He had long hair, dressed, you know, in Levi's, a brighter jacket, you know, a Levi's jacket.

NIELSON:  I'll check that, I'll check it, but I don't believe that.  I think as it stands, especially with your past record, I think they have a case of robbery against you.  I still can't understand why they were killed.  I can't understand that.

GILMORE:  Can't understand what?

NIELSON:  Why they were killed.  I can't understand that.  Gary, why were they killed?

GILMORE:  Who?

NIELSON:  The guy in the motel and the guy out there . . .

GILMORE:  I didn't kill anybody.

NIELSON:  I don't know, I think so.

GILMORE:  Like I told you, I knew just where I was at every minute.

NIELSON:  What if I go check with these people and they say, "He's feeding you B.S.?"

GILMORE:  They won't.

NIELSON:  You sure?  Everybody will say that?

GILMORE:  They might tell you a little different times or whatever.

NIELSON:  What will April say if I ask her about 10:30 last night . . .

GILMORE:  I don't know; she's a little spacey.  When she was young, some guys took her out and gave her some acid without her knowing it and raped her.  I don't know what she'll tell you.  April was with me every minute last night . . . I got lonely for Nicole, so I just went by and got her little sister.  April wanted a ride.  We got to necking and laughing and giggling, and I kept her all night.  Well, look, that's it.

NIELSON:  I'll check it, I'll check her.

GILMORE:  I ain't going to tell you nothing else without a lawyer.  That's all, can I eat?

NIELSON:  It's getting close to breakfast time, you hungry?  I'll tell them.

GILMORE:  My hand still hurts, too . . .

NIELSON:  Without an attorney and off the record, you wouldn't answer what I asked you a while ago?

GILMORE:  What was that?

NIELSON:  About why they were killed when you left.

GILMORE:  I don't know why they were killed.  I didn't kill them.

NIELSON:  I hope that's true because that just worries me, that part.  I can't understand it.  I can understand the other.  I can understand the stick-up thing.

GILMORE:  I didn't stick nobody up, and I didn't kill nobody.

NIELSON:  Is it all right if I come back this afternoon to talk to you after I check on some of this?

GILMORE:  I ain't killed nobody, and I ain't robbed anybody.

NIELSON:  Gary, I hope not but I have a hard time believing otherwise.  At this point I have a hard time believing otherwise.

GILMORE:  I'm hungry, and I'm in pain.