Whilst escaping, Gilmore continued to lose blood, and called his aunt for assistance. He admitted that he had been shot and told her his whereabouts, asking her to come and help him. She called the police instead, and told the police where to find him. Gilmore was arrested outside his girlfriend, Nicole’s, mother’s house, and he put up almost no resistance. Nicole was also at the house at the time of his arrest. Gilmore was taken to hospital for treatment, where his hand was tested for gun shot residue, then placed in a cast.Under interrogation Gilmore initially denied any involvement in either killing, but eventually admitted guilt, claiming he had no reason for the crimes, and admitting that he might well have continued to kill indiscriminately had he not been caught.

When his defence team prepared to appeal the sentence on his behalf, Gilmore fired them: he wanted to die. There was huge media interest in what was to be the first U.S. execution in 10 years. Although only outlawed for 4 years, there were no executions for a considerable period before the 1972 ruling, when all US states were ordered to commute death sentences to life imprisonment.Despite Gilmore resigning himself to his fate, and accepting his punishment, protestors were determined to prevent the return of capital punishment, and a stay of execution was granted despite Gilmore’s protests; the civil liberties lobbies in the United States simply had too much political power to be ignored.The media interest enabled Gilmore to sell the rights to his story for $50,000, which was distributed amongst his relatives. He also tried to commit suicide on 16th November, in collusion with his girlfriend, Nicole, but was unsuccessful.His execution date was rescheduled for 6th December 1976, but was again delayed, this time by the intervention of his mother, who insisted that he was incapable of acting in his own best interests: he had been on hunger strike since the foiled suicide attempt had separated him from Nicole.Gilmore wrote his mother a letter, which was published widely in the press, urging her to allow the law to takes its course, and he ended his hunger strike when the stay of execution was overturned. When he found out that it would be at least another month before the sentence could be carried out, he again tried to commit suicide, failing again.Finally, his execution was scheduled for 17th January 1977, and the media interest was heightened even further. The night before his execution, Gilmore was even contacted by Johnny Cash, who sang to him over the phone, while friends and family, who had been allowed special access, surrounded him.The likelihood of the execution proceeding seemed uncertain right up until the morning of the 17th January, when the U.S. Supreme Court finally decided that it would proceed as planned.At 8:00 a.m. Gilmore was strapped into a chair in front of a wall of sand bags, with a black hood over his head. A paper target was placed over his heart to help the volunteer firing squad hit their target. Gilmore’s last words were “Let’s do it”, and the shots marked the instant when capital punishment was reinstated in the United States.At Gilmore’s request his corneas were harvested for organ donation, and his remains were then cremated, and distributed in three designated areas of Utah.

It was decided that Gilmore would be tried for the murder of motel manager Bushnell, rather than Jensen, as the evidence for the former was far stronger. The prosecutor, Noall Wootton, sought the death penalty, on the grounds that Gilmore was a habitual criminal unlikely to benefit from any attempts at rehabilitation.Gilmore's trial started on 5th October 1976 and lasted only two days. After the prosecution presented their witnesses, and his confession, Gilmore made an attempt to plead his own case to the judge, but when his defence team pointed out that he had no chance of making an insanity plea, he withdrew his request and resigned himself to his fate. The jury took less than 80 minutes to return a verdict of First Degree Murder.He was offered a choice of delivery of the death penalty: firing squad or hanging. He chose the firing squad, and the sentence was due to be carried out on 15th November 1976.

In the weeks leading up to the murders, Gilmore’s life seemed to be moving beyond his control: his girlfriend, Nicole, became frightened by his violent, erratic behaviour and drinking, and left him after only a few months together. In addition, his financial situation was worsened by the purchase of an expensive truck that proved well beyond his means, which could then only be paid for through crime.On the evening of 19th July 1976, Gilmore approached Max Jensen, an employee at a self-service petrol station in Orem, Utah, threatening him with a gun and demanding that he empty his pockets. Jensen complied and yet, despite this, Gilmore shot him twice in the head. He then left, without bothering to empty the cash register. Witnesses who saw him later claim he was agitated, but did not seem overly concerned.The next day, Gilmore took his new truck in for a minor repair, and left the garage while the repair was carried out, entering the City Center Motel in Provo. Once there he threatened the manager, Ben Bushnell, with a gun, and demanded that he hand over the motel cash box. Again, despite complying with the demands, he shot Bushnell, and left the building when Bushnell’s wife came to investigate the noise. Gilmore emptied the cash box, then discarded it outside the motel, and made to discard the gun as well, but it accidentally discharged and he injured his hand.When he went to collect his truck the garage owner noticed his bloodied hand, and made a note of Gilmore’s licence plate. When he heard about the local robbery he notified the police.

Born 4th December 1940The Victims 19th July 1976 - Max Jensen 20th July 1976 - Ben Bushnell, 25Arrested 20th July 1976Trial 5th October 1976Convicted 7th October 1976Died 17th January 1977