William Wayne Gilbert: The New Mexico Killer Who Confessed to Six Murders
Overview
William Wayne Gilbert was a New Mexico murderer whose violent crimes came to public attention in January 1980 after his arrest in Albuquerque. Gilbert ultimately confessed to six killings, including the murders of his wife, Carol Gilbert; Barbara McMullen; and Kenn and Noel Johnson. Four of the victims became the subjects of separate criminal prosecutions that resulted in murder convictions against him.
Gilbert's case was particularly disturbing because several of the murders involved kidnapping and sexual violence in addition to homicide. His crimes occurred within a relatively short period, and investigators were still unaware of some of the killings when Gilbert began describing them during interrogation. According to New Mexico court records, two of the murders he confessed to involved victims whose deaths had not yet been known to the detectives questioning him.
The prosecutions that followed produced several major decisions from the New Mexico Supreme Court. Gilbert received multiple life sentences and, for the murders of Kenn and Noel Johnson, death sentences. Those cases also produced extensive litigation concerning his confession, his invocation of his right to an attorney, and the circumstances under which police continued speaking with him.
Background
Gilbert was approximately 30 years old when he was arrested in January 1980. Court records describe him as a Vietnam veteran, a businessman, and someone who had worked as an undercover agent for the Drug Enforcement Administration. Because of that experience, the courts concluded that he was familiar with police procedures and understood the significance of the Miranda warnings given to him after his arrest.
Gilbert was living in Los Lunas, New Mexico, with his wife, Carol. His familiarity with firearms and law-enforcement procedures would later become significant as detectives attempted to determine his connection to a rapidly expanding series of violent crimes.
Barbara McMullen
Barbara McMullen was a 24-year-old woman whose murder became one of the principal cases against Gilbert. Her death occurred on January 8, 1980, in New Mexico. Gilbert was eventually prosecuted not only for murdering McMullen but also for kidnapping and sexually assaulting her.
One of the extraordinary aspects of the McMullen investigation was that Gilbert personally led investigators to her body. When detectives began questioning Gilbert following his January 19 arrest, they were initially concentrating on other crimes. Gilbert eventually began confessing to additional killings, including murders of which the police said they had previously been unaware. During the evening of January 19, he directed officers to McMullen's body.
The discovery provided investigators with physical confirmation that at least part of Gilbert's extraordinary confession was true. He was subsequently charged in connection with McMullen's abduction, sexual assault, and killing.
Gilbert was tried before a judge rather than a jury in the McMullen case. He was convicted of first-degree murder, first-degree criminal sexual penetration, and first-degree kidnapping. The court imposed three consecutive life sentences.
The Murders of Kenn and Noel Johnson
Kenn Johnson, 26, and Noel Johnson, 21, were killed at their Albuquerque-area residence in January 1980. The precise calendar date of their deaths is inconsistently reported in later secondary sources, and accessible New Mexico Supreme Court opinions do not provide a sufficiently reliable exact date. What the court record establishes is that Albuquerque police were already investigating their murders by January 18, 1980, and had received information that Gilbert had been inside the Johnson home on the night the killings occurred.
The Johnson murders became an important focus of the investigation even before Gilbert confessed. Detectives learned that he had been present in the victims' home, giving investigators a direct reason to question him about the killings after his arrest.
The subsequent prosecution revealed that the crimes went considerably beyond homicide. Gilbert was charged with two counts of first-degree kidnapping, two counts of criminal sexual penetration, and two counts of first-degree murder. Firearm enhancements were attached to the kidnapping and sexual-assault charges.
At one stage of the Johnson trial, Gilbert claimed that he had killed Kenn and Noel during an aborted drug transaction and suggested that the deaths had occurred in self-defense. That defense did not remain his position throughout the trial. After the prosecution introduced statements in which Gilbert described experiencing violent urges to rape and kill, his defense abandoned the self-defense theory.
A jury ultimately convicted Gilbert of the Johnson murders and the associated kidnappings and sexual assaults. The jury also found statutory aggravating circumstances in the killings. Gilbert was sentenced to death for the murders in addition to lengthy consecutive prison terms for the other offenses.
The Murder of Carol Gilbert
Carol Gilbert was William Gilbert's wife. She was approximately 30 years old and lived with him in Los Lunas, New Mexico. Court proceedings placed her killing on January 18, 1980. Her body was discovered inside the Gilbert residence in Los Lunas while William Gilbert was already in police custody the following day.
The prosecution presented evidence that Carol had been shot multiple times. During opening statements at Gilbert's trial, prosecutors described shots being fired at different distances, indicating that investigators had reconstructed aspects of the shooting from physical evidence.
The discovery of Carol's body dramatically changed the investigation. Detectives questioning Gilbert about the Johnson murders were informed that his wife had been found dead. They subsequently confronted him with the fact that investigators now knew about her death.
Gilbert was later tried before a jury in Valencia County for Carol's murder and was convicted of first-degree murder. He received a life sentence.
Confirmed Victims and Available Case Information
- Barbara McMullen, 24 — Died January 8, 1980. Her case was associated with the Albuquerque and Valencia County area of New Mexico. Gilbert was convicted of first-degree murder, first-degree kidnapping, and first-degree criminal sexual penetration in connection with her death. He personally directed police to her body on January 19, 1980.
- Kenn Johnson, 26 — Murdered in January 1980 in the Albuquerque, New Mexico, area. Police were investigating his death by January 18, 1980. Accessible court opinions do not establish a sufficiently reliable exact day of death. Gilbert was convicted of first-degree murder, kidnapping, and associated offenses.
- Noel Johnson, 21 — Murdered in January 1980 in the Albuquerque, New Mexico, area. Police were investigating the murder by January 18, 1980. Accessible court opinions do not establish a sufficiently reliable exact day of death. Gilbert was convicted of first-degree murder, kidnapping, and associated offenses.
- Carol Gilbert, approximately 30 — Killed January 18, 1980, at the Gilbert residence in Los Lunas, New Mexico. Her body was discovered on January 19 while William Gilbert was in police custody. Gilbert was convicted of first-degree murder and sentenced to life imprisonment.
Two Additional Murders in Gilbert's Confession
The four victims above do not represent the full number of killings Gilbert admitted committing. New Mexico Supreme Court records explicitly state that on January 19, 1980, Gilbert confessed to six murders.
In addition to Carol Gilbert, Kenn Johnson, Noel Johnson, and Barbara McMullen, Gilbert confessed to killing two other people described in the court record as one male and one female. Investigators reportedly had not known about those murders when Gilbert first mentioned them.
The publicly accessible appellate decisions dealing with Gilbert's major convictions do not provide sufficiently reliable names, death dates, and locations for those two additional victims. For that reason, they should not be assigned names or specific dates without additional documentary evidence. The important distinction is that the court record confirms Gilbert's confession to six killings, while the four victims listed above are the individuals whose murders are clearly documented through the principal published prosecutions against him.
The Events Leading to Gilbert's Arrest
Gilbert's arrest came during the early morning hours of January 19, 1980, after an armed incident in Albuquerque. Police records described shots being fired at the American Sandwich Shop and in the Four Hills area.
Gilbert was reportedly dressed in combat fatigues and was carrying a rifle along with a substantial quantity of live ammunition. He was taken into custody at approximately 4:30 a.m. and initially charged with aggravated battery.
By this point, Albuquerque homicide detectives were already interested in him for a much more serious reason. Police had received information the previous day that Gilbert had been inside the home of Kenn and Noel Johnson on the night the pair were murdered.
Detectives therefore prevented Gilbert's immediate release while they investigated his possible connection to the killings. At approximately 10:30 a.m., homicide detectives took him to the police station and questioned him about the Johnson case.
Gilbert Requests an Attorney
The interrogation later became the basis of extensive appellate litigation. Gilbert had been advised of his Miranda rights following his arrest and was advised again before detectives questioned him about the murders.
When Gilbert realized investigators were asking him about Kenn and Noel Johnson, he requested an attorney. He contacted a lawyer, who advised him not to speak with police. Detectives stopped their direct questioning at that point.
While investigators were processing physical evidence, however, events outside the interrogation room intensified the case. Police discovered Carol Gilbert dead inside the Gilbert residence in Los Lunas.
Detective Sergeant Ness subsequently told Gilbert that investigators knew his wife was dead. Gilbert asked to be left alone for approximately an hour and indicated that he would speak afterward.
The Six-Murder Confession
When detectives returned, Gilbert began talking. He acknowledged that he knew his attorney would advise him to remain silent, but he chose to continue speaking with investigators.
The resulting confession dramatically expanded the investigation. Gilbert admitted killing Carol, Kenn Johnson, Noel Johnson, Barbara McMullen, and two additional victims. According to the New Mexico Supreme Court, the additional male and female victims represented murders of which police had not previously been aware.
Later that evening, Gilbert took investigators to the location of Barbara McMullen's body. His knowledge of the location became important corroboration of the confession.
Gilbert's attorneys later argued that his statements should have been suppressed because he had requested counsel and because of the circumstances surrounding his continued detention. New Mexico's appellate courts rejected those arguments. The courts emphasized that he had repeatedly been informed of his constitutional rights, had personally spoken to an attorney, understood that his attorney advised silence, and nevertheless chose to give detailed statements to investigators.
Evidence of Sexual Violence
Sexual violence was a significant element of Gilbert's crimes. His conviction in the Barbara McMullen case included first-degree criminal sexual penetration as well as kidnapping and murder. The Johnson prosecution also resulted in convictions for two counts of criminal sexual penetration and two counts of kidnapping.
Statements attributed to Gilbert during the investigation also became evidence concerning his motive and mental state. At his Johnson trial, the prosecution introduced statements in which Gilbert described what he characterized as an uncontrollable urge involving rape and killing.
The defense initially objected to this evidence but later changed strategy. Gilbert ultimately conceded the existence of the violent urges and abandoned the earlier claim that the Johnson killings resulted from self-defense during a drug transaction.
Multiple Trials and Sentences
Because the crimes involved different victims and jurisdictions, Gilbert faced several separate prosecutions.
For the murder, kidnapping, and sexual assault of Barbara McMullen, Gilbert was convicted and received three consecutive life sentences.
For murdering his wife, Carol Gilbert, he was convicted of first-degree murder in Valencia County and received another life sentence.
The prosecution involving Kenn and Noel Johnson was the most severe. Gilbert was convicted of two first-degree murders, two kidnappings, and two counts of criminal sexual penetration, with firearm enhancements attached to several charges.
The Johnson jury found aggravating circumstances that made Gilbert eligible for capital punishment. Death sentences were imposed for the murders, while substantial consecutive prison sentences were imposed for the kidnappings and sexual assaults.
Death Sentences
Gilbert appealed the death sentences imposed for the murders of Kenn and Noel Johnson. Among numerous other arguments, his attorneys challenged the admission of his confession and contested aspects of the sentencing proceedings.
In 1983, the New Mexico Supreme Court affirmed the Johnson convictions and concluded that the death sentences were neither excessive nor disproportionate under the state's capital-punishment law at the time.
The court therefore ordered the case returned to the trial court so that an execution date could be established.
The 1980 Jail Conspiracies
Gilbert's criminal activity did not entirely end when he was placed behind bars. While incarcerated at the Bernalillo County Detention Center between April and August 1980, he became involved in plans to escape and to have other people killed.
According to testimony presented in a later conspiracy prosecution, Gilbert discussed obtaining weapons, arranging an escape, and eliminating individuals he considered threats.
One of his targets was Detective Sergeant Ness, the homicide detective who had obtained Gilbert's confession. Gilbert reportedly believed that murdering Ness might prevent the confession from being introduced at his trials.
A plan was discussed in which a woman cooperating with Gilbert would contact Ness while pretending to have information concerning a missing girl. The detective was to be lured to an isolated location where another conspirator would kill him.
Another proposed target was Peter McDevitt, the administrator of Carol Gilbert's estate. Gilbert and other inmates discussed acquiring a weapon and arranging McDevitt's murder.
The plots eventually unraveled after one of the participants was arrested and disclosed information concerning the conspiracies to authorities.
A Case Dominated by the Confession
Gilbert's confession became one of the defining features of nearly every prosecution associated with him. The defense repeatedly attempted to have it excluded, arguing that investigators had violated his constitutional rights.
The New Mexico Supreme Court repeatedly rejected those challenges. The justices noted that Gilbert was not an inexperienced suspect. He was a 30-year-old Vietnam veteran and businessman who had previously worked undercover for federal drug enforcement and was familiar with arrests, questioning, Miranda warnings, and the right to counsel.
The courts concluded that Gilbert understood exactly what his attorney would tell him to do — remain silent — but consciously chose to speak anyway. His subsequent willingness to direct investigators to McMullen's body reinforced the significance of his statements.
Why Gilbert Is Considered a Serial Killer
William Wayne Gilbert is generally classified as a serial murderer because his crimes involved multiple victims killed in separate incidents rather than a single mass killing. The known cases involved different circumstances and locations, including the death of his wife in Los Lunas, the murder of Barbara McMullen, and the killings of Kenn and Noel Johnson.
His confession extended the total to six murders. However, historical accounts should distinguish between the number of killings Gilbert confessed to and the murders for which detailed, independently documented victim information remains readily available.
The four principal victims — Barbara McMullen, Kenn Johnson, Noel Johnson, and Carol Gilbert — are firmly connected to Gilbert through criminal convictions and New Mexico appellate decisions. The additional two deaths remain much less clearly documented in publicly accessible records.
Legacy of the Case
The William Wayne Gilbert case combined serial murder, sexual violence, kidnapping, firearms offenses, an extraordinary multi-murder confession, capital punishment, and later murder and escape conspiracies from jail.
It also became legally significant because Gilbert repeatedly challenged the manner in which police obtained his statements. New Mexico's appellate courts examined when police may resume questioning after a suspect invokes constitutional rights, whether continued detention had been lawful, and whether Gilbert knowingly waived the presence of his attorney before confessing.
Behind those legal issues were the victims whose deaths created the cases in the first place. Barbara McMullen was kidnapped, sexually assaulted, and murdered. Kenn and Noel Johnson were murdered after crimes that resulted in additional kidnapping and sexual-assault convictions. Carol Gilbert was shot and killed inside the home she shared with her husband.
Gilbert's own statements indicated that the known prosecutions accounted for only part of his violence. His admission to six murders left two additional deaths far less documented than the four cases that went through extensive court proceedings. The surviving court record therefore presents a disturbing picture of a killer whose known criminal behavior expanded rapidly once investigators began questioning him in January 1980.
