April 13



TEXAS----2 new execution dates set

Execution date set in Edinburg massacre, Donna slayings


A Tri-City Bombers gang member convicted of killing several Donna women 4 months before authorities said he helped shoot and kill 6 men during the Edinburg massacre is set to be executed this fall.

Robert "Bones" Garza, 30, was convicted of 2 counts of capital murder in December 2003, but the charges were not related to the Edinburg slayings. Authorities linked the Tri-City Bombers and Garza to the September 2002 shootings deaths of 4 women in Donna. A jury found Garza guilty in the Donna case.

His execution date is Sept. 19, said Ted Hake, chief of the appellate division of the Hidalgo County District Attorney's Office.

Hake said capital murder charges were not brought against Garza in connection to the Edinburg killings because he had already been sentenced to death in the Donna case. He said authorities identified him as a shooter in the Edinburg massacre.

All court appeals for Garza's death sentence were exhausted when the Supreme Court denied his case in February. However, there is still the possibility that his execution could be postponed or stayed.

Hake said a death warrant for Garza was expected to be delivered Friday to the Huntsville prison, where the state carries out its executions.

3 other men involved in the Edinburg massacre also on death row: Humberto "Gallo" Garza, 38; Rodolfo "Creeper" Medrano, 33, and Juan "Ram" Ramirez-Navarro, 29.

According to court records, Robert Garza was among 4 men who targeted 6 women in Donna as they left Garcia's Bar in 2002 after working their shift as bar maids. The victims killed were Maria De La Luz Bazaldua Cobarrubias, Danitzene Vasquez Beltran, Celina Linares Sanchez and Lurdes Araujo Torres.

State prosecutors said another TCB gang member had ordered a hit on the women, who he believed were called to testify against him in an unrelated attempted murder case. But, the gang members had mistakenly killed the wrong women, authorities said.

Court records state Garza told Hidalgo County Sheriff's Office deputies of his involvement in the crime - admitting he witnessed and knew of the plot, but not that he fired a gun. He also told deputies another gang member had said the assassination wasn???t carried out correctly.

A jury convicted him of the crime under the law of parties, meaning it was not necessary to prove he fired the fatal shots. He was held equally responsible for the murders because he was present.

EDINBURG MASSACRE

A dozen men were indicted for their alleged roles in the rural Edinburg killings that shocked the Rio Grande Valley in 2003. Four days after the New Year, a group of men barged into a Monte Cristo Road home wearing jackets with the word "police" demanding money, gold, drugs and jewelry.

Humberto Garza, a former captain in the Tri-City Bombers gang, told investigators he plotted to raid the stash house occupied by rival Texas Chicano Brotherhood gang members, but that he had never ordered anyone killed.

The attack left the following dead: Jerry Hidalgo, Juan Delgado III, Juan Delgado Jr., Jimmy Almendarez, Ray Castillo and Ruben Castillo, court records state. Hidalgo's mother and brother and another man survived.

Some charged in the case pleaded guilty to serve life in prison and others like Garza are on death row since their convictions in 2004, according to Monitor archives. Authorities believe at least 2 others charged in the murders fled to Mexico: Ricardo "Rica" Martinez and Juan "Perro" Nunez, archives show.

Charges against 3 men were dropped in 2006 for lack of evidence and 1 man was acquitted, archives show.

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Execution set for 1999 McAllen murder


Arturo Elizar Diaz, 37, was convicted of murdering a man he stabbed 94 times in the chest in April 1999 inside the victim???s McAllen apartment, according to Texas Department of Criminal Justice information. During the crime, Diaz also stabbed a 2nd man twice in the face.

Diaz and another man went to the apartment to rob the victim and look for drugs, the TDCJ said.

Diaz's execution date is set for Sept. 26, said Ted Hake, chief of the appellate division of the Hidalgo County District Attorney's Office.

(source for both: The Monitor)

**************

Executions under Rick Perry, 2001-present-----255

Executions in Texas: Dec. 7, 1982-present----494

Perry #--------scheduled execution date-----name---------Tx. #

256-------------April 16------------------Ronnie Threadgill----495

257-------------April 24------------------Elroy Chester--------496

258-------------April 25----------------Richard Cobb-----------497

259------------May 7--------------------Carroll Parr---------498

260-------------May 15-------------------Jeffrey Williams-----499

261-------------May 21-------------------Robert Pruett-------500 *****

262------------June 26-------------------Kimberly McCarthy----501

263--------------July 10------------------Rigoberto Avila, Jr.----502

264-------------July 16-----------------John Quintanilla Jr.---503

265-------------July 18------------------Vaughn Ross----------504

266-------------July 31-------------------Douglas Feldman-----505

267------------Sept. 19------------------Robert Garza----------506

268------------Sept. 26-------------------Arturo Diaz-----------507

(sources: TDCJ & Rick Halperin)

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Austin filmmakers tackle the death penalty in animated short The Last 40 Miles


Filmmakers in Austin may not have access to the big budgets of the West Coast, but that doesn't mean they are short on groundbreaking ideas.

The filmmakers behind The Last 40 Miles are crafting a unique vision: tackling the death penalty in an animated short. And to see the vision through, they are seeking funding via an Indiegogo campaign.

The Last 40 Miles tells the story of Ray, a condemned man serving out his sentence on Texas's death row, as he travels his last 40 miles to the execution chamber. Along the way, a kindly guard accompanies him as he looks back and reminisces on his life.

It's a powerful story with deep roots in reality. British journalist Alex Hannaford is the writer and director of the film, and on the film's Indiegogo page he recounts the inspiration for the film, which comes from his interviewing Texas death row inmates. He specifically recalls one inmate who had been locked up in his solitary 6-foot-by-10-foot cell for all of Hannaford's life.

"I don't think any case I had covered before or since impacted me more than that one did," says Hannaford.

While he knew he wanted to tell the story, an animated short was not his first idea. In a talk with CultureMap, Hannaford says, "I had an idea buzzing around in my head for either a piece of long form journalism, or even a book. By the time I eventually decided to put pen to paper, I'd thought it could make a good film, but then I decided most of the 'action' would take place on a single journey: from death row to the death chamber."

A play or short film became his primary focus - that is until he had coffee with friend Jeff Roth, an animation professor at the Art Institute of Austin. Roth sold Hannaford on the idea of an animated short.

Roth explained it to Hannaford by saying, "Animation can sometimes bring drama to life in a way that live action can't. If you remove actors from the picture, you can connect more strongly with their personalities, emotions, the drama of the scene; allow yourself to be truly enveloped by the story."

Gathering a team of filmmakers to form Onalaska Films, Hannaford and Roth set to work on creating and telling the story of Ray and his last 40 miles. The team has taken things a step further by choosing to rotoscope the film (the process when live action is traced) so that the resulting figures look almost exactly like the original actors.

Hannaford says that the rotoscoping effect was chosen because they loved how "the characters looked 'real' but at the same time were animated." The crew signed a deal with Flat Black Films to create the rotoscoping, an impressive win considering that Flat Black is the team behind other major rotoscoped film projects such as A Scanner Darkly and Waking Life (both Richard Linklater films).

Once completed, Hannaford hopes to start submitting the film to various film festivals, and he hopes it starts a dialogue as well.

"I really hope it'll become a springboard for discussion...And so it'd be great if The Last 40 Miles got people talking about the death penalty [and] about justice in America and how it's carried out."

The Indiegogo campaign for The Last 40 Miles ends Sunday night. Funds will go toward production and promotion costs from the film.

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Lege Lines


Weighing the Scales of Justice April promises to be a month packed with criminal justice matters to consider. Last week lawmakers heard testimony about whether to tweak language for the criminal definition of insanity - changing the word "know," as in "know something is wrong," to "appreciate," as in "actually grasp the concept that something is legally wrong." The debate was, in moments, spirited, with freshman Rep. Steve Toth, R-The Woodlands, opining that the change would make it "unduly easier" to prove insanity. That measure was left pending by the House Criminal Jurisprudence Committee - along with perennial proposals to downgrade punishments associated with possession of small amounts of controlled substances including cocaine and heroin. Those measures may be smarter on crime than is the status quo, but they still face an uphill battle.

This week lawmakers in the House considered whether to ban the death penalty for individuals who may have been party to a crime but were not actually directly responsible for it. (The bill was left pending in committee.) Meanwhile, the Senate Criminal Justice Committee considered a raft of other proposals - including Senate Bill 1292, a joint proposal by Sens. Rodney Ellis, D-Houston, and Robert Duncan, R-Lubbock, to require pretrial DNA testing of all evidence in death penalty cases. That measure, which is backed by Attorney General Greg Abbott, sailed out of committee Tuesday.

(source for both: Austin Chronicle)






PENNSYLVANIA:

Chesco D.A. seeks death penalty in Norco murder


A 20-year-old Norristown man accused of brutally murdering a friend for $350 in North Coventry will face the death penalty as his case heads to trial, according to the Chester County District Attorney's Office.

Shakeem Carter is charged with first degree murder, torture, abuse of a corpse, arson, and a multitude of related charges in connection with the Feb. 12 slaying of 17-year-old Kevin Allen. Carter allegedly stabbed Allen more than 20 times, slit his throat, and set his body on fire inside a home belonging to the victim's father at the Hanover Garden Apartments.

"The decision to pursue the death penalty is reserved for the most serious crimes and is only reached after careful deliberations," said District Attorney Tom Hogan. "After consultation with the police and the victim's family, this decision is based upon the circumstances surrounding the murder of this young man."

Carter was formally arraigned on charges Thursday, and prosecutors announced that they will seek the death penalty as the case heads to trial in the Chester County Court of Common Pleas. The district attorney's office listed three aggravating factors that led to the decision to seek the death penalty. Those included that the offense was committed by means of torture, during the perpetration of a felony, and that during the murder the defendant caused grave risk to others by setting the fire inside the apartment building.

Allen's body was discovered on after a neighbor dialed 911 to report a "terrible struggle." Officers from the North Coventry Police Department were the 1st to enter the apartment, but they had to retreat when they discovered that the apartment was on fire. Firefighters were able to extinguish the flames, but when they returned they told police there was a body inside.

Officials described a scene of horror inside the 2-bedroom apartment. Blood covered the walls of the stairwell that led upstairs, where Allen's burned and mutilated body was found lying face down.

(source: tricounty record)

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