In Memory

Willis Upshaw



 
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08/03/12 04:36 AM #1    

Warren Hummer

Willis 'Willie' Upshaw was killed July 2, 1972. Willis married Leah Harden (HPHS Class of 1965). Served in the US Navy MCB Okinawa. Willis was the father of a daughter Tonya, and twin boys Tony and Troy.

In the murder case the evidence showed that in the early morning hours of July 2, 1972, Willis Upshaw, an employee of C and C Security Agency, owned and operated by Jan Carpenter and Eben W. Carpenter, was discovered brutally murdered at the Lake Sherwood Estates, southwest of Topeka in Shawnee county. Following an extensive investigation, it was found to be a fact that Willis Upshaw was brutally murdered by Donald Brenner, another employee of C and C Security Agency. Donald Brenner was charged with first-degree murder in the same information as Jan and Bill Carpenter. After entering a plea of second-degree murder, he testified on behalf of the state against Eben W. Carpenter. The evidence was undisputed that Brenner actually fired the gun shots which killed Upshaw. He was the only known witness to the killing. There was a dispute in the evidence as to the involvement of the defendant, Eben W. Carpenter, in the murder. The state's evidence, if believed, established the fact that the murder of Willis Upshaw was the result of a plan and conspiracy conceived by Jan and Eben W. Carpenter. Brenner testified that the motive for killing Upshaw was that Upshaw had been talking too much about an insurance fraud scheme which Upshaw, Brenner, the defendant, Eben W. Carpenter, and others had become involved in several months preceding the murder. Brenner also testified that the two Carpenter brothers had taken out a large amount of life insurance on the life of Willis Upshaw and that one of the motives for the killing was to collect the insurance proceeds on the death of Willis Upshaw. It was Brenner's testimony that the murder of Upshaw had been fully discussed and planned in advance. Brenner's testimony, if believed, clearly established that the defendant, Eben W. Carpenter, was guilty of murder in the first-degree as a person who aided or abetted or counseled in the commission of a crime by another person.


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