Unfortunately no one was convicted, due to corruption, and Billy found himself about to be tried for the murder of Sheriff Brady. He escaped from jail and fled with O'Folliard and Doc Scurlock. He went back to Fort Sumner working on the ranches.
On December 19, 1880, Billy was captured at Stinking Springs. Billy and five others had just returned to Fort Sumner to get supplies. They were jumped by Pat Garrett and his men. O'Folliard was shot on the spot and died two hours later. The rest escaped to a nearby ranch. Garrett set out with sixteen men and couldn't catch Billy at first. But there was snow on the ground and the moon was full so tracking was easy. Garrett cornered him at an old deserted house at Stinking Springs about 3 a.m.
At first light, Charlie Bowdre stepped outside and was shot by the posse. The others wanted to surrender but Billy didn't. Eventually, they did surrender and were taken into custody at Santa Fe. Billy was tried, convicted, and sentenced to hang by Judge Warren Bristol, who was suspected of being on the payroll of the Santa Fe ring and the Dolan gang. The execution date was set for May 13, 1881. They moved back to Lincoln to await that date. Billy escaped from jail on April 18. He killed jailor J. W. Belle with a six-shooter that his friends hid in the privy. He killed Robert Olinger, the other jailor, with a shotgun. He headed to his old hideout at Fort Sumner. His friends encouraged him to escape to Mexico. But he wouldn't go.
In May 1881, Garrett hired John W. Poe as Deputy. Poe discovered that the Kid was still at Fort Sumner. He and Garrett and Roswell Deputy Thomas L. (Tip) McKinney rode after him. The two scouted around for Billy and were about to give up when Poe suggested they visit Pete Maxwell, a local wealthy rancher, who they hoped could tell them about Billy. While there, Billy walked in and Garrett shot him dead, on July 14, 1881. He was buried at the old military cemetery at Fort Sumner. He was 21 years, 7 months, and 22 days old when he died.
