Execution of Charles Rhines

The execution of Charles Rhines took place on November 4, 2019, at the South Dakota State Penitentiary in Sioux Falls. Rhines was executed for the 1992 murder of Donnivan Schaeffer, whom he killed during a burglary at a doughnut shop in Rapid City. His execution drew attention due to claims that the jury sentenced him to death because he was gay and that anti-gay bias had tainted his sentence. Rhines remains the most recent person executed in South Dakota.

Background Early life Charles Russell Rhines was born on July 11, 1956, in McLaughlin, South Dakota, the last of four children born to Richard and Ruth Rhines. Rhines attended McLaughlin Public School but dropped out in his sophomore year. He enlisted in the U.S. Army and served three years as an infantryman, earning his high school General Equivalency Degree. He went on to study at the University of South Dakota in Springfield for vocational training. However, he never completed the course as he was caught stealing from another student's room. He was convicted of third-degree burglary and sentenced to three years in prison. After being paroled, he robbed a liquor store with a shotgun and was sentenced to ten years in prison for armed robbery. He was released in 1987.

Murder In June 1991, Rhines was hired by Dennis Digges to work as a night baker at Dig 'Em Donuts shop in Rapid City. According to the co-owner of the business, they did not know about Rhines's criminal record. Rhines was not liked while working at the shop and was eventually fired in February 1992 for failing to follow orders. After running out of money, Rhines decided to burglarize the shop a few weeks after his dismissal.

Schaeffer's body was found and a funeral was held. Rhines attended the funeral with his roommate. He left South Dakota a few days later and headed to Washington. On June 19, he was arrested in Seattle but was not returned to South Dakota until August 13. Rhines revealed the details of the murder to his roommate's girlfriend, 16-year-old Heather Shepard, then threatened to kill her if she said anything.

Trial Rhines confessed to the crime. Despite this, the state took the case to trial when they refused to drop the death penalty in exchange for a guilty plea to murder. In South Dakota, the death penalty can only be imposed by a jury, and it must be unanimous.

Rhines's lawyers argued that Rhines was discriminated against and received a death sentence because he was gay. Rhines's sexuality was discussed frequently during his trial. During deliberations, a note was sent to the judge asking what life in prison would mean for Rhines. Other questions asked included: "Would Rhines have a cellmate? Would he be allowed to create a group of followers or admirers? Would he be allowed to have conjugal visits?" The judge refused to answer any of the questions.

Some of the jurors thought that a life sentence served in a men's prison is something Rhines, a gay man, would enjoy. One juror recalled in an interview that there was "a lot of disgust" about Rhines's sexual orientation during deliberation. Another juror recalled that they knew he was gay and "thought that he shouldn't be able to spend his life with men in prison." A third juror recounted that another juror had said, "If he’s gay, we'd be sending him where he wants to go."

Execution On November 4, 2019, Rhines was executed via lethal injection at South Dakota State Penitentiary in Sioux Falls. He was pronounced dead at 7:39 p.m. In his final statement, he addressed Donnivan Schaeffer's parents and said, "Edwin and Peggy Schaeffer, I forgive you for your anger and your hatred towards me, and I pray to God that he forgives you for your anger and your hatred towards me." He also thanked his legal team.