Billy The Kid - Death

Death

Sheriff Pat Garrett responded to rumors that McCarty was lurking in the vicinity of Fort Sumner almost three months after his escape. Garrett and two deputies set out on July 14, 1881, to question one of the town's residents, a friend of McCarty's named Pete Maxwell (son of the land baron Lucien Maxwell). Close to midnight, as Garrett and Maxwell sat talking in Maxwell's darkened bedroom, McCarty unexpectedly entered the room.

There are at least two versions of what happened next. One version suggests that as the Kid entered, he failed to recognize Garrett in the poor light. McCarty drew his pistol and backed away, asking "¿Quién es? ¿Quién es?" (Spanish for "Who is it? Who is it?"). Recognizing McCarty's voice, Garrett drew his own pistol and fired twice, the first bullet striking McCarty in the chest just above his heart, although the second one missed and struck the mantle behind him; McCarty fell to the floor and gasped for a minute and died. In the second version, McCarty entered carrying a knife, evidently headed to a kitchen area. He noticed someone in the darkness, and uttered the words, "¿Quién es? ¿Quién es?" at which point he was shot and killed. Although the popularity of the first story persists, and portrays Garrett in a better light, some historians contend that the second version is probably the accurate one. A markedly different theory, in which Garrett and his posse set a trap for McCarty, has also been suggested. Most recently explored in the 2004 Discovery Channel documentary, Billy the Kid: Unmasked, this version says that Garrett went to the bedroom of Pedro Maxwell's sister, Paulita, and bound and gagged her in her bed. When McCarty arrived, Garrett was waiting behind Paulita's bed and shot the Kid.

Garrett allowed the Kid’s friends to take his body across the plaza to the carpenter’s shop to give him a wake. The next morning, Justice of the Peace, Milnor Rudulph, viewed the body and made out the death certificate, but Garrett rejected the first one and demanded another one be written more in his favor. The Kid’s body was then prepared for burial, and at noon was buried at the Fort Sumner cemetery between his two friends, Tom O'Folliard and Charlie Bowdre.

In his book, Billy the Kid: A Short and Violent Life, Robert Utley told the story of Pat Garrett's book effort. In the weeks following Garrett's execution of the Kid, he felt the need to tell his side of the story. Many people had begun to talk about the unfairness of the encounter, so Garrett called upon his friend, Marshall Ashmun (Ash) Upson, to ghostwrite a book with him. Upson was a roving journalist who had a gift for graphic prose. Their collaboration led to a book entitled The Authentic Life of Billy, the Kid, which was first published in April 1882. The book originally sold few copies; however, it eventually proved to be an important reference for historians who would later write about the Kid's life.

Rumours persist that Billy the Kid was not killed that night, and in fact that Garrett, a known friend of the Kid's, may have staged it all so the Kid could escape the law.