Texas 2004

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 11/12/03

Prosecution’s case/defense response: Acuna committed a home invasion burglary and robbery of his across-the-street neighbors James Carroll (age 75) and Joyce Carroll (age 74), and shot each of them in the head at close range. He was arrested five days later at a motel in possession of their car, some jewelry, and the murder weapon. Several months earlier he had been charged with aggravated assault for pulling a knife on an elderly man in a mall parking lot. The defense argued his youth as the primary mitigating factor. This is an unusual defendant who appeared to be unable to point to a terrible childhood as a mitigating factor.

Prosecutor(s): Renee Magee

Defense lawyer(s): Robert Loper

Sources: Houston Chronicle 8/12/04
*Included for informational completeness; but this defendant, who was 17 at the time of the murder, will have his death sentence vacated under a United States Supreme Court decision in handed down in March, 2005, that prohibits death sentences for defendants who were less than 18 years of age at the time of the murder.

Sentenced to death in Cherokee County, Texas

By: A jury

Date of crime: 9/2/02

Prosecution’s case/defense response: Adams and co-defendant Richard Cobb (also sentenced to death in 2004) robbed a convenience store, and then forced two store clerks, Nikki Ansley Dement and Candace Driver, and a customer, Kenneth Vandever, into their car. After kidnapping the victims and sexually assaulting Dement, Cobb and Adams shot each of them. Vandever died of his injuries, while Dement and Driver survived.

Prosecutor(s): Elmer Beckworth

Defense lawyer(s): S. Hogan Stripling

Sources: Houston Chronicle, 9/5/02; Tyler Morning Telegraph 8/21/04, 8/31/04

Sentenced to death in Travis County, Texas

By: A jury

Date of crime: 4/3/02

Prosecution’s case/defense response: Allen stabbed his girlfriend, Barbara Hill, and her daughter to death with a pocketknife, after Hill attempted to end the relationship with Allen. Prosecutors presented the 911 tape from the daughter and various crime scene photographs, demonstrating the violent nature of the crime to the jury. During the sentencing phase, Allen’s ex-wife testified regarding Allen’s previous violent behavior. The prosecution also presented evidence that Allen killed another man in a dispute over a gold chain in 1994. In mitigation, the defense argued that Allen was molested as a child and had a rough childhood.

Prosecutor(s): Gary Cobb, Allison Wetzel

Defense lawyer(s): Joe James Sawyer

Sources: Austin American-Statesman 3/11/04, 3/17/04, 3/18/04, 3/19/04, 3/20/04, 3/21/04

Sentenced to death in Smith County, Texas

By: A jury

Date of crime: 11/25/03

Prosecution’s case/defense response: Beatty had a long history of drug involvement and a long prison record—and while incarcerated had a long history of threatening and assaulting correctional officers. He also had a conviction for torturing his 18-month-old niece. He was paroled and went to live with his mother. She kicked him out of the house. He then burglarized her home, beat her, killed her by strangulation or suffocation, and buried her nude body in the backyard. He used her car and her credit and bank cards, and took some of her belongings. He eventually confessed and led the police to the body. While in jail awaiting trial on the capital charge he was found to have made a knife (“shank”). The defense did not contest the murder, but contended it was committed during a violent argument, and in connection with a felony because she had not kicked him out (no burglary) and he had only decided to use her property after her death (no robbery).

Prosecutor(s): Matt Bingham, Brett Harrison, April Sikes

Defense lawyer(s): Robert Perkins, Ken Hawk

Sources: Tyler Morning Telegraph 8/11/04; Telephone call with prosecutor Harrison 10/29/04

Sentenced to death in Jefferson County, Texas

By: A jury

Date of crime: 1998

Prosecution’s case/defense response: Berry abandoned her newborn daughter in a ditch in 2003. The 2003 abandonment helped police solve another child abandonment case, where the newborn baby died five years earlier. In 1998, Berry smothered her son by taping his mouth with duct tape and left him in a dumpster. Berry confessed to abandoning her daughter, but testified her son was already dead when she abandoned him. Prosecution presented evidence that DNA determined she was the abandoned boy’s mother, and her fingerprint was on the duct tape. In mitigation the defense presented evidence that Berry was severely, clinically depressed. The defense also argued that since she was only dangerous to her children, and she would not have children in prison, she constitued no continuing danger to society.

Prosecutor(s): Wendell Radford

Defense lawyer(s): Ronnie Cohee

Sources: Houston Chronicle, 8/10/03, 2/17/04, 2/19/04;  Austin American-Statesman, 2/20/04

Sentenced to death in Cherokee County, Texas

By: A jury

Date of crime: 9/2/02

Prosecution’s case/defense response: Cobb and co-defendant Beunka Adams robbed a convenience store, and then forced two store clerks, Nikki Ansley Dement and Candace Driver, and a customer, Kenneth Vandever, into their car. After kidnapping the victims and sexually assaulting Dement, Cobb and Adams shot each of them after forcing them to kneel. Vandever died of his injuries, while Dement and Driver survived.

Prosecutor(s): Elmer Beckworth

Defense lawyer(s): S. Hogan Stripling

Sources: Houston Chronicle, 9/5/02; Tyler Morning Telegraph 8/21/04, 8/31/04

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 1/19/02

Prosecution’s case/defense response: Cubas confessed to killing 15-year-old Esmeralda Alvarado. Cubas was involved in a rampage of five slayings and four robberies or attempted kidnappings. Cubas and Walter Alexander Sorto kidnapped Alvarado from a convenience store, took turns raping her, and then Cubas shot her in the head. Cubas claimed he did not want to kill Alvarado, but Sorto made him. The defense argued that the police should have notified Cubas, who is a native of Honduras, of his rights in the United States legal system. The defense also argued that there were points when the video recorder was not on during Cubas interview with detectives. In mitigation, the defense argued Cubas was traumatized by the death of his brother and was influenced by Sorto.

Prosecutor(s): Troy Cotton, Lyn McClellan

Defense lawyer(s): Gilberto Villarreal, Frances Northcutt

Sources: Houston Chronicle 5/6/04, 5/11/04, 5/12/04, 5/22/04, 8/20/04; Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm

Sentenced to death in Dallas County, Texas

By: A jury

Date of crime: 1/16/2003

Prosecution’s case/defense response: Doyle phoned a donut shop pretending to be an elderly woman and placed an order to be delivered to his parents’ home. When Hyun Cho arrived at the Doyle home, Doyle confessed he tried to rob her and beat her to death when she said she had no money. After Doyle killed Cho, he put her in a garbage can in an alley. Doyle cleaned up the house and repainted the walls to conceal Cho’s blood on them. Doyle then retrieved the donuts and ate them with his friends after the killing. Investigators found Cho’s blood on the ceiling and Doyle’s bloody clothing. Doyle claimed he only intended to rob Cho and only struck her twice to knock her unconscious. The prosecution claimed Cho was struck at least seven times on her head with a baseball bat. Doyle robbed Cho because he was unable to find a job and needed to provide for his 3-year-old daughter. During the punishment phase, the prosecution presented testimony of Doyle’s history of violence, and letter Doyle wrote from jail bragging about getting into fights with other inmates. The defense argued Doyle had no previous felony criminal record.

Prosecutor(s): Tom D’Amore

Defense lawyer(s): Rick Harrison, Robert Burns

Sources: The Dallas Morning News 5/4/04, 5/6/04, 5/11/04; Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm

Sentenced to death in Tarrant County, Texas

By: A jury

Date of crime: 2/14/02

Prosecution’s case/defense response: Foster and his co-defendant, Sheldon Ward, raped and killed execution-style 28-year-old Nyanuer “Mary” Pal. Foster’s semen was found on the victim’s body, and the gun used to kill Pal was in Foster’s hotel room. The defense theory was that Foster’s co-defendant acted alone in the killing, and Foster only had consensual sex with the victim. During the penalty phase, the prosecutors linked Foster to a 1984 robbery and the killing of another woman. In mitigation, the defense argued Foster suffered from post-traumatic stress disorder from being in the Army, and was abused by his alcoholic father.

Prosecutor(s): Ben Leonard, Lloyd Whelchel

Defense lawyer(s): Rex Barnett, John Harding

Sources: Forth-Worth Star-Telegram 2/7/04, 2/10/04, 2/13/04

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 9/11/03

Prosecution’s case/defense response: Francois snuck into the home of his ex-girlfriend Shemika Patterson (age 16). He proceeded to shoot and kill her three sisters who were sleeping: Nikesha (15), Ashley (11), and Brittany (10). Francois also shot Shemika and her mother Sheila in their heads and backs, but they survived. Quinn had a long criminal record, including for burglary and armed robbery. He had also told another woman a week before the murders that he was going to kill Shemika’s family while she watched. Francois told the police, however, that he panicked and snapped. In the penalty phase the prosecution presented evidence of rape by Francois for which no charges had been filed. The defense presented evidence that Francois had been fathered by a rapist, and had suffered a traumatic childhood.

Prosecutor(s): Vanessa Velasquez, Terese Buess

Defense lawyer(s):Loretta Muldrow, Mack Arnold

Sources: Houston Chronicle 7/20/04, 7/21/04, 7/22/04, 7/23/04, 7/24/04, 7/27/04, 7/29/04

Sentenced to death in Houston County, Texas

By: A jury

Date of crime: 5/14/03

Prosecution’s case/defense response: Fuller had a history of trouble with his neighbors the Copelands, who had reported him to the police for shooting guns in the neighborhood. He burglarized their home while carrying a rifle and a handgun. He shot and killed Annette and Nathan Copeland, each with multiple shots, and wounded their 14-year-old son Cody. Fuller pleaded guilty and only the penalty phase was tried to a jury. The defense argued that because of his relatively old age, he was less likely to be a future danger than a younger person. The defense also presented evidence of alcohol and drug abuse, and that he was a good husband and father.

Prosecutor(s): Cindy Garner, Daphne Session, Lisa Tanner

Defense lawyer(s): William House, Wayne Slaughter

Sources: Fort Worth Star-Telegram 7/22/04 (2004 WL 84673285); Austin American-Statesman 7/22/04 (2004 WL 57662876); Houston Chronicle 5/16/03 (2003 WL 3259754), Houston County Courier 7/18/04, 8/2/04; telephone call with prosecutor Daphne Session 10/25/04

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 12/11/01

Prosecution’s case/defense response: Gallo tortured, sexually assaulted and killed his girlfriend’s three-year-old daughter while babysitting her. Prosecution presented evidence that Gallo’s blood stained clothes contained DNA from Gallo and the child. During the trial the defense claimed the actual killer was the child’s mother and not Gallo. In the penalty phase, the defense argued that Gallo was mentally retarded. The jury determined Gallo was not mentally retarded, enabling them to sentence him to death.

Prosecutor(s): Lance Long

Defense lawyer(s): Gerald Bourque, Robert Morrow

Sources: Houston Chronicle 1/2/03, 2/4/04, 2/13/04, 2/19/04

Sentenced to death in Bexar County, Texas

By: A jury

Date of crime: 2/19/1994

Prosecution’s case/defense response: Hernandez kidnapped, raped and strangled 38-year-old Susan Verstegen. Hernandez dumped her body in a garbage can. The case went unsolved for eight years and Hernandez was caught when he was leaving a prison out of state and had to give a DNA sample and the DNA matched DNA found in Verstegen’s body and car. Hernandez confessed during questioning and told the detective he was under the influence of marijuana and alcohol. The defense presented no evidence to the jury. During the penalty phase, prosecution argued Hernandez had a criminal history and showed no remorse.

Prosecutor(s): Jim Wheat, Melisa Skinner

Defense lawyer(s): Mario Trevino

Sources: San Antonio Express-News 3/19/04, 3/23/04; Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 10/25/03

Prosecution’s case/defense response: Hunter shot Jong Suk Choi in the neck during an armed robbery of a beauty supply store. The murder was caught on videotape. During the penalty phase the prosecution presented evidence that Hunter had committed another robbery/murder, as well as several other armed robberies during the months leading up to the murder in the beauty supply store. The defense presented evidence that Hunter was retarded and thus ineligible to be sentenced to death.

Prosecutor(s): Luci Davidson, Marie Primm

Defense lawyer(s): Kyle Johnson, Terry Gaiser

Sources: Houston Chronicle 11/21/03, 7/15/04, 7/28/04

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 4/3/2003

Prosecution’s case/defense response: Joubert and two other men attempted to rob Ace America Check Cashing store. Joubert shot the clerk Alfredia Jones in the head when he realized she had called the police. Officer Charles Clark was shot in the shoulder he responded to the call. Clark returned fire, but his gun jammed and one of the other cohorts shot Clark in the head at point-blank range, killing him. The defense argued one of the other men shot the clerk and coerced Joubert into participating in the robbery.

Prosecutor(s): Dan Rizzo, Tommy LaFon

Defense lawyer(s): Allen Isbell, Jerome Godinich

Sources: Houston Chronicle 10/5/04 (2004 WL 83670546), 10/12/04 (2004 WL 83672077), 10/22/04 (2004 WL 83674327)

Sentenced to death in, Harris County, Texas

By: A jury

Date of crime: May 18, 2003

Prosecution’s case/defense response: Marshall murdered Christopher Dean, a mentally disabled cashier at Whataburger, while Dean worked the graveyard shift. The robbery was an inside job, planned with the restaurant’s then-manager and two other men. Dean had worked at the restaurant 13 years. Dean was at the drive-thru about 4 a.m. when Marshall drove through the drive-thru and demanded the keys to the safe. When Dean was unable to provide the keys, Marshall shot him once in the head. The defense had Marshall’s mother testify as to how she had been addicted to crack cocaine for years and was unable to cure for her son. Marshall grew up in a series of foster homes and at time suffered physical abuse.

Prosecutor(s): Colleen Barnett & Vic Wisner

Defense lawyer(s): Sidney Crowley & Mack Arnold

Sources: Houston Chronicle 11/13/2004 (2004 WL 83679831)

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 3/6/2003

Prosecution’s case/defense response: Matthews arranged a meeting with 20-year-old Esphandiar Gonzalez to sell him stereo equipment. Matthews shot Gonzalez seven times in the head and dumped his body. Matthews was arrested at car wash when he was trying to clean off the blood from his car; police found the gun that was used to kill Gonzalez in the car too. The defense argued Matthews had nothing to do with the killing and Matthews was given the car that night by a person he refused to identify because he was afraid of retribution. Defense also claimed Gonzalez was a gang member and was killed because he was attempting to sever ties to the gang. In aggravation, the prosecution presented evidence of Matthews previous convictions of drug and gun possession and robbery. In mitigation, the defense argued Matthews should not receive the death penalty because of his difficult upbringing. Matthews was raised by his aunt because his mother was a prostitute and addict who died when he was young.

Prosecutor(s): Stephen St. Martin

Defense lawyer(s): Windi Akins, Katherine Scardino

Sources: Houston Chronice 4/7/04

Sentenced to death in McLennan County, Texas

By: A jury

Date of crime: 1/11/2003

Prosecution’s case/defense response: Parr was an admitted drug dealer. In a deal with 18-year-old Joel Dominguez, Parr paid $2500 for seven pounds of marijuana. Then he circled around the block and robbed Dominguez of the money, and shot him in the head. He also ordered his cohort Earl Duane Whiteside to “smoke” (kill) Dominguez’s companion—Whiteside did so, but the companion was only injured and fled. The companion testified against Parr at trial. The defense claimed that Parr had send Whiteside to do the deal, that Whiteside had killed Dominguez, and that Whiteside had turned state’s evidence to deflect the blame onto Parr. In the penalty phase the prosecution presented evidence that Parr had bragged of killing another person, and that he was violent while incarcerated. In mitigation, the defense argued Parr grew up in poverty and suffered from a brain injury as a child.

Prosecutor(s): Mike Freeman, Crawford Long, Melanie Walker

Defense lawyer(s): Russ Hunt Jr., Russ Hunt Sr.

Sources: Cox News Service 3/30/04, 5/19/04, 5/20/04, 5/22/04, 5/25/04, 5/26/04, 5/27/04; Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm

Sentenced to death in Victoria County, Texas

By: A jury

Date of crime: 11/24/02

Prosecution’s case/defense response: Quintanilla and another masked gunman robbed a small gambling parlor. One of the patrons, Victor Billings, approached Quintanilla, apparently to protect his wife Linda. Billings grabbed the barrel of the Quintanilla’s rifle. Quintanilla shot him three times, and fired at least three other shots, as well, injuring a couple of other patrons. Quintanilla was linked to a series of other armed robberies in the area in the same time span. Quintanilla had a substantial criminal record. While in jail awaiting trial on this charge, he made two “shanks” (knives) and attacked a guard in an escape attempt. Quintanilla confessed to the murder of Billings, but the defense tried to plant doubt that he was really the robber, suggesting that he was taking the blame for the husband of a relative. At the penalty phase, Quintanilla refused to permit his lawyers to present any evidence.

Prosecutor(s): M. P. “Dexter” Eaves, Ian Hernandez, David Smith

Defense lawyer(s): Jim Beeler, Steve Cihal

Sources: Telephone call with prosecutor Smith 2/14/05; numerous stories in the Victoria Advocate on-line (www.thevictoriaadvocate.com, search for “Quintanilla”)

Sentenced to death in Hidalgo County, Texas

By: A jury

Date of crime: 1/5/03

Prosecution’s case/defense response: Twelve members of a gang burglarized two adjacent homes demanding drugs, money, and weapons. They shot and killed six persons using automatic rifles. Ramirez was the first of the twelve to go on trial. No information is available concerning the defense approach to the case.

Prosecutor(s): unknown

Defense lawyer(s): unknown

Sources: Houston Chronicle 1/7/03 (2003 WL 3228926), 1/17/03 (2003 WL 3230985), San Antonio Express-News 1/25/03 (2003 WL 5584471), 2/1/03 (2003 WL 5584988), 2/15/ 03 (2003 WL 5586189), 12/21/04 (2004 WL 104083618)

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 3/2/2003

Prosecution’s case/defense response: As part of a crime spree that included possibly as many as eight robberies in a short time span, Reynosa knocked down and shot in the head a homeless woman, Tonya Lynn Riedel, during a robbery behind a gas station. Reynosa requested the death penalty and the defense did not call any witnesses in the penalty phase. The prosecution said Reynosa was a suspect in eight other armed robberies.

Prosecutor(s): Michael Trent, Luci Davidson

Defense lawyer(s): Robert Scott

Sources: Houston Chronicle 3/9/03, 5/13/04; Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm

Sentenced to death in Polk County, Texas

By: A jury

Date of crime: 10/16/03

Prosecution’s case/defense response: Roberts had a crack cocaine habit. He had been taken in by a girlfriend, Vickie Bowen. Roberts demanded money from her to buy crack. When she refused he shot her three times with a rifle, killing her, and robbed her. He had earlier been convicted of a violent theft in Louisiana, and had absconded to Texas in violation of his conditions of parole. During questioning concerning the Bowen murder, Roberts admitted that he had killed another man in Louisiana twelve years earlier by burglarizing the man’s home, shooting him with a shotgun, and then burning down the home. In mitigation the defense offered evidence of Roberts’ rotten upbringing, his drug/alcohol dependence, and that he was a good father.

Prosecutor(s): Lee Hon, John Holleman

Defense lawyer(s): Stephen Taylor, Don Cantrell

Sources: Telephone call with prosecutor Hon 2/14/05; Alexandria Daily Town Talk (LA) 6/25/04 (2004 WL 60354968); Baton Rouge Advocate 6/26/04 (2004 WL 58406950); Shreveport Times 6/25/04 (2004 WL 80296745)

Sentenced to death in Harris County, Texas

By: A jury

Date of crime: 4/1992

Prosecution’s case/defense response: Shore was a confessed serial rapist/killer. The crime for which he was on trial was the kidnap/rape/strangulation of Maria Del Carmen Estrada (21). Shore described to police he was hearing voices that he had to possess Estrada. Shore also confessed to killing Laurie Lee Tremblay (15) in 1986, Dana Sanchez (16) in 1995, and Diana Rebollar (9) in 1994. Two of these three victims were raped. He had also been convicted of sexually assaulting two family members. These convictions put him in the DNA database, which then led to his being tied to the Estrada murder when some fingernail scrapings were analyzed that had not been tested earlier. Shore insisted his counsel not cross-examine witnesses, and not present mitigating evidence because he wanted a death sentence.

Prosecutor(s): Kelly Siegler

Defense lawyer(s): Alvin Nunnery, Gerald Bourque

Sources: Houston Chronicle 10/21/04 (2004 WL 83674099), 10/23/04 (2004 WL 83674728), 10/28/04 (2004 WL 83675731)

Sentenced to death in Ellis County, Texas

By: A jury

Date of crime: 10/6/02

Prosecution’s case/defense response: Sprouse entered a convenience store in possession of a shotgun and told customers he needed help jump-starting his car. Outside the convenience store, Sprouse fatally shot Pedro Moreno while he was pumping gas, and then killed Officer Harry Steinfeld III who responded to the 911 call. Defense pled that Sprouse was not guilty by reason of insanity. In mitigation, the defense argued Sprouse did not present a future danger to society.

Prosecutor(s): Cindy Hellstern, Don Maxfield

Defense lawyer(s): James Jenkins

Sources: Houston Chronicle 10/9/02; The Fort Worth Star-Telegram 10/11/02, 10/18/02