May 6
TEXAS:
7 South Plains convicts executed in electric chair era; First Lubbock death
penalty case was in 1936
South Plains courts seldom sentenced men to death in the years before a
landmark 1972 U.S. Supreme Court decision temporarily struck down executions as
unconstitutional.
Of the 362 people executed in the electric chair at the Texas State Prison at
Huntsville between 1924 and 1972, only 7 convicts came from the South Plains.
Some have little record, others left interesting stories.
2 were convicted of murdering law enforcement officers, 1 killed his wife and
her children, one answered a prominent man's kindness with 2 pistol shots,
another was 1 of the last men in Texas executed for rape.
Prior to 1924, executions were carried out under the direction of the sheriff
in the county of conviction. The prison system began carrying out executions in
the electric chair, with prison inmates building what turned out to be the only
electric chair the state used.
According to a database maintained on DeathPenaltyUSA.org, which has cataloged
simple facts about executions in the U.S. dating to 1607, no hangings took
place in Lubbock County.
The first 2
Little is known of Robert Benton, the 1st man to be executed from a South
Plains court after 1924.
Benton, a 23-year-old black man sentenced from Crosby County on a murder
conviction was the 1st of 2 men to be executed on Feb. 10, 1928.
Another South Plains man, George Hassell, a tenant farmer from Farwell, was the
other man to die that day.
A Parmer County jury had convicted him of killing his wife and 8 children - her
children, his nieces and nephews, as he had married his brother's widow. The
children ranged in age from ages 21 years to 22 months.
According to published reports, his wife confronted him about molesting his
eldest niece. He later admitted to police he stepped out for a drink of whisky
in the barn. When he came back the argument resumed.
He took a hammer and hit her with it, killing her. He then killed the youngest
child, according to his confession to law enforcement, then decided "I had best
go on and kill the whole outfit."
Hassell put the bodies in a newly dug root celler. The oldest son was away, and
when he came home two days later, Hassell killed him with a shotgun.
Farwell residents weren't convinced when Hassell began telling people he was
moving the family back to Oklahoma. The bodies were discovered when a wagon ran
over what appeared to be a sinkhole, leading to the discovery of the bodies.
After confessing the murders to law enforcement, he went on to say he'd also
killed a common law wife and her 3 children in Whittier, Calif. Police there
found the bodies and confirmed his story.
Deadly hitchhiker
Robert Blake, 26, was executed on April 19, 1929.
According to an account in the Tulia Herald, Blake, of Amarillo, was convicted
in Swisher County in 1927 for the robbery and murder of J. Fred Conner, who the
paper described as one of Tulia's "best loved and most respected citizens."
Conner was driving home from Baird when he saw Blake walking on the road near
Sweetwater. According to the newspaper account, Conner bought them a meal, cold
drinks and gave Blake cigarettes.
The newspaper account says as they reached Swisher County, night was falling.
Blake pulled out a pistol, shot Conner twice and left him bleeding in a pit at
the side of the road.
He took Conner's pocketbook and car and drove to Slaton, where he abandoned the
car, and stayed on the run for 2 years.
During that time, law enforcement officers nationally were on the lookout. 2
arrests were made, but the people were released when their fingerprints didn't
match those police lifted from the blood-stained car in Slaton.
One of Blake's ruses ultimately proved his undoing. He joined the Army under an
assumed name, and that meant having his fingerprints taken. Nevertheless, he
deserted after 3 weeks, roamed across the country using different names and
working in a variety of jobs.
Ultimately, he was arrested in Fort Smith, Ark., and brought back for trial.
Joke gone wrong
Ira McKee, who was executed Jan, 18, 1932, might have avoided capture for a May
1, 1930 murder if he hadn't smarted off to a farmer.
McKee robbed a gas station in Sparenburg of the $2.50 in its till - about $35
today adjusted for inflation.
A man heard the noise and charged out of his house with a shotgun. McKee shot
him 4 times and drove away.
Law enforcement officers heard rumors the killer was from Hobbs, but Lubbock
County's sheriff, Wade Hardy, thought otherwise after officers had a gunfight
with an unidentified man near Ranger.
McKee's fatal error was in stiffing a Henderson County farmer who helped him
pull his car out of the mud in mid-May.
He offered the farmer $5 for the assistance of his horses. After the car was on
dry ground, he said to the farmer, "See you in the funny papers. I was joking
about the 5 dollars," according to press accounts.
The farmer wrote down the license number which connected to Lubbock County, and
called the sheriff hoping to track the car down and collect the money.
Hardy used the information to determine the car had been moved from Lubbock
County to a farm near Athens, in Henderson County.
Ultimately, Hardy's chief deputy went to Athens and arrested McKee.
Deadly jailbreak
Virgil Stalcup was the only man executed on a Lubbock County conviction between
1924 and 1972.
Stalcup, 27, was executed May 4, 1936 for killing Dickens County Sheriff
William Arthur during a jailbreak in October 1934.
Stalcup and cellmate Clarence Brown were prison escapees with long sentences
already on their heads.
Brown's wife had smuggled a gun into the jail. A plumbing failure in the jail
gave them their chance. They called for the sheriff to fix the plumbing, and as
he walked past their cell, one of them shot him in the neck.
They then grabbed his gun, identification, car keys and took off.
The 2 were captured later that month near Houston.
Brown was sentenced to 99 years. Stalcup's pending sentences added up to 254
years, which showed motive that he planned to escape at all costs.
Murder in the courthouse
Elmo Banks, a Lynn County prisoner, was executed Oct. 23, 1936, just 7 months
after he grabbed Deputy Sheriff F.E. Redwine's pistol and shot him 5 times
while Redwine was transferring him to another cell in the county jail, which
was then in the courthouse.
Banks was picked up 2 days later about 15 miles south of Tahoka, and his 2-day
trial began March 12.
Death for rape
The last South Plains convict to be executed before a U.S. Supreme Court ruling
halted the practice in 1972 was a black farmhand, Bennie Lee McIntyre, who
entered a farmer's home on April 15, 1961 and raped his wife while the man was
away.
He confessed to the crime after his arrest and told officers he'd always wanted
to have sex with a white woman.
The trial began a month later, and McIntyre pleaded guilty. The punishment
phase lasted 4 days, with the jury recommending death.
McIntyre was executed Jan. 20, 1963.
********************************
South Plains executions since 1976: Who, what, when; 14 from area executed over
the last 37 years
Michael Rosales
County: Lubbock
Age when executed: 35
Execution No.: 436
Date of crime: June 4, 1997
Received on death row: July 16, 1998
Execution date: April 15, 2009
The crime: Rosales was burglarizing the home of a 60-year-old woman. He
maintained he did not know she was home, but she discovered him during the
burglary. He stabbed her 137 times with a kitchen knife, and struck her on the
head with a hard object.
Last words: "No, I love you. May the Lord be with you. Peace, I'm done."
--
Gilberto Reyes
County: Bailey
Execution No.: 396
Age when executed: 33
Date of crime: March 12, 1998
Received on death row: April 5, 2000
Execution date: June 21, 2007
The crime: Reyes picked up the victim, his 19-year-old Hispanic girlfriend, at
a restaurant where she was working and kidnapped her. Reyes then drove her to a
remote area behind a business and killed her by hitting her in the head with a
blunt object. The victim was found dead in the car. Reyes then fled to Mexico.
last words: "I love ya'll and I'm gonna miss ya'll."
--
Robert Salazar Jr.
County: Lubbock
Execution No.: 361
Age when executed: 27
Date of crime: April 23, 1997
Received on death row: April 28, 1999
Execution date: March 22, 2006
The crime: Salazar fatally injured a 2-year old Hispanic female. He was
baby-sitting the victim. Salazar inflicted wounds consisting of a fractured
skull, bruised heart, fractured ribs and ruptured intestines. After injuring
the girl, Salazar placed her in her crib and left the residence. The girl's
mother arrived from work, finding her in her crib, and Salazar was absent. The
girl was pronounced dead at a hospital.
Last words: "Yes. Yes, I do. Do I just talk to the front? OK. To everybody on
both sides of that wall - I want you to know I love you. I am sorry that the
child had to lose her life, but I should not have to be here. Tell my family I
love them all and I will see them in heaven. Come home when you can. I am done.
Love you all."
--
Mack Hill
County: Lubbock
Execution No.: 250
Age when executed: 47
Date of crime: March 3, 1987
Received on death row: Jan. 25, 1990
Execution date: August 8, 2001
The crime: Hill was convicted in the robbery-murder of sometime business
partner Donald Franklin Johnson. Johnson's body was found, five
months after his disappearance, in a 55-gallon drum that had been filled with
concrete and dumped into Amon Carter Lake in Montague County. After Johnson's
disappearance, Hill was seen with Johnson's pickup and camper trailer, and was
implicated in the theft of items from Johnson's paint and body shop and the
sale of those items at local flea markets.
Last words: "First, I would like to tell my family that I love them. I will be
waiting on them. I am fine. I hope that everyone gets some closure from this. I
am innocent. Lubbock County officials believe I am guilty. I am not. Travis
Ware has the burden on him to prove that he did not commit felonies. He needs
to be stopped or he is going to do it , , time and time again. The power is
invested in you as a public official to do your job. That's all Warden. I love
y'all. June 25, 2008."
--
Adolph Hernandez
County: Lubbock
Execution No.: 243
Age when executed: 50
Date of crime: Sept. 30, 1988
Received on death row: June 27, 1990
Execution date: Feb. 8, 2001
The crime: Convicted in the robbery and murder of a 69-year-old woman in
Slaton, whom he beat to death with a baseball bat in her home. The victim's
daughter confronted Hernandez, wrested the bat from him and hit him with it. He
was arrested at his home in Slaton with blood stains on his shirt, pants and
shoes.
Last words: "I want to thank my family for their help and moral support and for
their struggle. It would have been a lot harder without their love. So, I am
just going home. I will see ya'll one of these days. Just don't rush it. I will
be there always. I'll always be watching over you. I love you. OK? Y'all be
strong. God bless you. That is where I am going. I love y'all huh. I'll see
y'all in Slaton, Texas. Dios te mandas contigo mi espiritu. (Spanish - God, I
command my spirit to go with you.) Alabamos a Dios todos. (Spanish - We all
praise God.) Amen Cuida mi familia. (Take care of my family.) I love you.
That's it Warden."
--
Jack Clark
County: Lubbock
execution No.: 240
Age when executed: 38
Date of crime: Oct. 16, 1989
Received on death row: March 19, 1991
Execution date: Jan. 9, 2001
The crime: Clark was convicted of raping and murdering a 23-year-old Slaton
woman, Melisa Ann Garcia. last words: "First, I would like to say to the family
that I am sorry, and I do ask for forgiveness. There will be also a funeral
Mass at St. Thomas and I would like to invite all of those from the State and
the family to be there if they would like to come. My last words will be: And
he was the light that shineth in the hearts of all man from the foundations of
the world. If we confess our sins He is just and true to forgive us of our sins
and cleanse us from all unrighteousness. Peace and goodness."
--
Orien Joiner
County: Lubbock
Execution No.: 224
Age when executed: 50
Date of crime: Dec. 17, 1986
Received on death row: May 26, 1988
Execution date: July 12, 2000
The crime: Joyner was convicted in the stabbing deaths of 2 waitresses, Carol
Lynette Huckabee, 26, and Eva Marie DeForest, 29. Both were found bound with
duct tape and stabbed repeatedly. Joiner lived next door. Police arrested him
after he gave conflicting statements about how he found the women.
Last words: "Kathy, y'all take and I bless all of you and I am glad I have had
y'all in my life. As I have said from the very first thing, I am innocent of
this crime and God knows I am innocent and the 4 people that was murdered know
I am innocent and when I get to heaven I'll be hunting you and we'll talk. I
feel sorry for the families that's had to suffer and my family and I have 'em
all in my prayers. I love you all. Y'all take and y'all look after Sheila and
Shannon and them, call 'em and get the pictures to 'em and everything and, ah,
again, like I said, I feel sorry for the families, but if it takes my death to
make them happy, then I will bless them. I have no hard feelings toward anyone
cause the Lord feels that it is my time to come home to him, my work on Earth
is done and that, ah, like I said, I am just sorry for, but they will have to
go through this one time again, cause sooner or later, whoever did this crime
is going to be caught and they'll have to come down here and do this again and
they will realize they witnessed an innocent man going to be with Jesus
Christ."
--
Paul Nuncio
County: Hale
Execution No.: 221
Age when executed: 32
Date of crime: Dec. 3, 1993
Received on death row: Aug. 2, 1995
Execution date: June 15, 2000
The crime: Nuncio broke into the Plainview home of Pauline Crownover Farris. He
sexually assaulted her, beat her and strangled her. He then stole several items
from her home, which he sold to get money to buy drugs. He was arrested when he
tried to sell a stolen television.
Last words: "Verbal: I have a written statement for the press. It will be
released as soon as they can. And I also responded to a comment to me from
Sandy, daughter of Ms. Farris. I have felt deeply sorry for the deceased. But
I'm sorry that I wasn't the one that did it or anything. She will tell you that
when she gets a chance to. When the time comes. I just wish just to be patient
when the time for each and everyone of ya'll individually have ya'll time. But
I'm not putting pressure on either one of ya'll being having any guilt. I just
want to say 2 thing, executing someone that is innocent, cause even though I
am. The burden will be wiped away and you will be at ease to know that I know
how it is and they will pay for it when their time comes. And all I have to say
is that right now I'm sorry that it happened and I was part, not part in it
but, part responsible for not properly getting the word out in time to get the
right victim or the right convict or the right person that did it. I just wish
to say a little prayer for the family for their appearance and forgiveness in
this matter. Our Father, who art in heaven, hallowed by thy name. Thy kingdom
come, thy will be done, on Earth as it is in heaven. Give this day your daily
bread and forgive us our trespasses as we forgive those who trespass against
us. Lead us not into temptation, but deliver us from evil. Our Lord, Amen. And
ah, don't be surprised if your Mom be the helper of God that would grab my hand
and say, "You are now into eternal life with God." This is her being one of the
chosen ones to give as proof of innocence. That's what I meant by telling you I
don't mean to injure you anymore. When your time comes that she would let you
know, if I was innocent or guilty. That about all I have to say. Love you all.
Written: I wish the public to see my point of inside view that the officers of
Death row of the State of Texas. All the years of 5 or 6 years of my first time
being locked up for not doing a crime of this sort. Now, officers of Texas TDCJ
are of Terrell Unit, Walls Unit and some of Ellis I are just doing their job
for their family. Now there are also respectful inmates death row and
population that I've meet, now I say to all of you just realizing what crime is
about, don't do it. One way I've thought of was having your friends "inmate" to
witness your execution talking about those of population and first timers. I
just want to give those officers that respected me while in prison of TDCJ
Death row. May God bless you all of TDCJ and inmates especially the free-world
population. With Gods and my words of faith, Paul Selso Nuncio."
--
Michael McBride
County: Lubbock
Execution No.: 214
Age when executed: 38
Date of crime: Oct. 21, 1985
Received on death row: May 26, 1988
Execution date: May 11, 2000
The crime: McBride was convicted of shooting his ex-girlfriend, Christian
Fisher, and her companion, James Alan Holzler, outside McBride's home. Fisher
went to the house to collect some personal items, and McBride confronted her
with a rifle. She challenged him to shoot. He shot Fisher, then walked to the
car and shot Holzer. McBride then shot himself in the head, When police
arrived, they found him lying on the ground and reaching for the rifle.
Last words: "Written: The following is the personal final statement of and by
Michael L. McBride. The Beatitudes: Jesus lifted up his eyes on his disciples,
and said, "Blessed be the poor: for yours is the kingdom of God. Blessed are ye
that hunger now: for ye shall be filled. Blessed are ye that weep now: for ye
shall laugh. Blessed are ye, when men shall hate you, and they shall separate
you from their company, and shall reproach you, and cast out your name as evil
for the Son of Man's sake. Rejoice ye in that day, and leap for joy: for
behold, your reward is great in heaven: for in the like manner did their
fathers unto the prophets. But woe unto you that are rich! for ye have received
your consolation. Woe unto you that are full! for ye shall hunger. Woe unto you
that laugh now! for ye shall moan and weep. Woe unto you, when all men shall
speak well of you! for so did their fathers to the false prophets. The
supremacy of love over gifts: I Corinthians, Chapter 13: 4-8: Love is patient,
love is kind, and is not jealous, love does not brag and is no arrogant, does
not act unbecoming; it does not seek its own, is not provoked, does not take
into account a wrong suffered, does not rejoice in unrighteousness, but
rejoices with the truth; bears all things, believes all things, hopes all
things, endures all things. Love never fails; but if there are gifts of
prophecy, they will be done away; if there tongues, they will cease. Now abide
faith, hope, love, these three: but the greatest of these is love. Poem: Do not
stand at my grave and weep, I am not there I do not sleep. I am the diamond
glints in the snow, I am the sunlight on the ripened grain. I am the gentle
autumn rain. When you awaken in the morning's hush, I am the swift uplifting
rush of quiet birds in circled flight, I am the soft stars that shine at night.
Do not stand at my grave and cry, I am not there. I did not die. Signed Michael
L. McBride #903 May 11, 2000 Huntsville, Texas Spoken: Thank you, um, I
anticipated that I would try to memorize and recite beatitudes New Testament,
more or less, Luke's beatitudes, I should say, and a , a chapter on love in 1st
Corinthians Chapter 13, ah, I pretty much knew that I would not be able to
memorize so much. There was also a poem that went along with it and in
anticipation of not being able to, um, fulfill that desire, I provided a
written statement that will be made available to anybody that wants it, I
believe. Isn't that correct? So, uh, I wanted you to hear me say that and I
apologize and for any other grief I have caused you know, including the, ah,
what you're about to witness now. It won't be very long. As soon as you realize
that appear I am falling asleep. I would leave because I won't be here after
that point. I will be dead at that point. It???s irreversible. God bless all of
you. Thank you."
--
Odell Barnes Jr.
County: Lubbock
Execution no.: 209
Age when executed: 31
Date of crime: Nov. 29, 1989
Received on death row: May 20, 1991
Execution date: March 1, 2000
The crime: Barnes was convicted of robbery and murder of Helen Bass, who was
found dead in her home on Harding Street. She was beaten with a lamp and a
rifle, stabbed and shot in the head. Police later determined she had been
sexually assaulted. Barnes stole money and a pistol. He was seen trying to sell
the pistol to several different people.
Last words: "I'd like to send great love to all my family members, my
supporters, my attorneys. They have all supported me throughout this. I thank
you for proving my innocence, although it has not been acknowledged by the
courts. May you continue in the struggle and may you change all that's being
done here today and in the past. Life has not been that good to me, but I
believe that now, after meeting so many people who support me in this, that all
things will come to an end, and may this be fruit of better judgments for the
future. That's all I have to say."
--
Aaron Fuller
County: Dawson
Age when executed: 30
Execution no.: 141
Date of crime: March 18, 1989
Received on death row: Feb. 14, 1990
Execution date: Nov. 6, 1997
The crime: Fuller was convicted of robbing and killing Loretta Stephens, 68, in
her home in Lubbock. He told police he decided to rob her because he saw her
sleeping in a recliner in her living room. He found more than $500 in the home,
then he beat and choked her before finally suffocating her with a pillow. He
and an accomplice then put her body in the trunk of her car and dumped her body
in tall weeds off U.S. 87 north of Lamesa.
Last words: "Jesus, the Lord, is everything to me. I am nothing without him.
Praise Jesus. Praise God."
--
David Stoker
County: Hale
Execution No.: 129
Age when executed: 38
Date of crime: Nov. 9, 1986
Received on death row: Dec. 7, 1987
Execution date: June 16, 1997
The crime: Convicted for the robbery-slaying of David Manrrique, a convenience
store clerk. Stoker netted $60 in the robbery. At the time of his execution, he
was also serving a 30-year sentence from Swisher County for delivery of
methamphetamine.
Last words: "I have a statement prepared that I have given to the chaplain that
I want released to the media. I am ready, Warden."
--
Samuel Hawkins
County: Lubbock
Execution No.: 92
Age when executed: 52
Date of crime: Feb. 3, 1976
Received on death row: April 8, 1978
Execution date: Feb. 21, 1995
The crime: Convicted in the murder of 19-year-old Abbe Rogus Hamilton of
Borger. She was 6 months' pregnant at the time. Prison records indicate she was
also raped.
Last words: Declined to make a last statement.
--
Dorsie Johnson Jr.
County: Scurry
Execution no.: 126
Age when executed: 30
Date of crime: March 23, 1986
Received on death row: Nov. 20, 1986
Execution date: June 4, 1997
The crime: Convicted for the death of Snyder convenience store clerk Jack
Huddleston. He was shot in the head after being ordered to lie on the floor.
The robbery netted $161.92.
Last words: "I would like to tell my family that I love them and always be
strong and keep their heads up and keep faith in Jesus. That's it."
--
Doyle Skillern
County: Lubbock
Execution no.: 5
Age when executed: 49
Date of crime: Oct. 23, 1974
Received on death row: March 3, 1975
Execution date: Jan. 16, 1985
The crime: Convicted for the death of Texas Department of Public Safety
narcotics Officer Patrick Allen West during a drug buy near the town of George
West, in Live Oak County.
Last words: "I pray that my family will rejoice and will forgive, thank you."
*******************
Courts granted relief for 7 men once condemned; Appeals challenged elements of
capital murder law
Since Texas resumed executions in 1982 - 6 years after the death penalty law
was reinstated in the state - 7 men won back a portion of their lives through
successful appeals.
All had killed; none contested the verdict on appeal.
Instead, each successful appeal turned on some aspect of Texas' capital murder
law, and whether it had been applied properly during the punishment portion of
their trials.
6 were commuted as a result of decisions in the Texas Court of Criminal
Appeals, including 3 who said prosecutors had insufficient evidence for the
jury to determine if the defendant would be a continuing threat to society.
The 7th commutation - also the most recent - arose from a spectacular
"inadequate representation" ruling in U.S. District Court in Lubbock with a
bizarre element.
Rather than going back for new punishment trials, 6 defendants accepted
prosecutors' offers of life in prison, while the 7th received a 55-year
sentence.
How the 7 avoided execution (taken from combination of news and court reports):
--
Joe Lee Guy
Joe Lee Guy's decade on death row ended in 2004 with a sentence of life in
prison after U.S. District Judge Sam R. Cummings made a finding of inadequate
representation during Guy???s trial.
Guy was the last defendant of a 3-man crew tried and convicted in Hale County
of robbing a Plainview grocery store in 1993. Store clerk Larry Howell was shot
and died later of his wounds; the gunman also shot Howell's mother, French
Howell. She survived.
The 3 defendants were tried separately, and Guy - who said he was the unarmed
outside lookout and getaway car driver - was last in court. The other 2
defendants got life sentences.
Guy had been through the appeal process once, raising issues including an
allegation his attorney had used alcohol and cocaine during the trial.
A Minneapolis law firm took up the appeal on a pro bono basis, and uncovered a
bizarre situation.
Frank SoRelle, the unlicensed investigator Guy's defense attorney hired, spoke
with only 4 of some 30 potential mitigation witnesses - the people the defense
puts on the stand during the punishment phase to testify about the defendant's
childhood, character and potential for violence.
He admitted in court affidavits he'd never worked on a murder case before.
Worse yet, SoRelle struck up a friendship with French Howell, began helping her
manage her affairs. And, a month after Guy's conviction, she changed her will
and left her entire estate - media estimates at the time valued it at more than
$500,000 - to him, rather than to her surviving son.
The revelations prompted District Judge Ed Self and former Hale County Sheriff
Charlie True and his successor, David Mull, and District Attorney Terry
McEachern to send a clemency petition to the state Board of Pardons and
Paroles. The 15-member panel agreed and sent the petition on to Gov. Rick
Perry.
The petition was waiting for Gov. Rick Perry's signature as Cummings reviewed
the evidence in January 2004. The judge held off on a ruling, waiting for Perry
to sign the clemency petition.
When Perry didn't sign, Cummings called a final 3-day hearing, and threw out
the death sentence from the bench at the end of the hearing.
Guy accepted the offer of a life sentence, and will be eligible for parole in
March 2028 at age 56, according to Texas Department of Criminal Justice
records.
--
Kenneth Wayne First
Kenneth Wayne First was convicted in Lubbock of capital murder for shooting a
man and a woman in October 1986 after First and another man were attacked when
they left a bar. According to court documents, the man he shot was 1 of the 2
men who attacked First and his companion.
First then shot the man's girlfriend as she ran away. The Texas Court of
Criminal Appeals heard the case on direct appeal in 1992. It reversed the death
sentence on the grounds that part of the state capital murder law was
unconstitutional as it applied to murder with multiple victims. It remanded the
case to trial court for a new punishment trial. Instead, First was offered a
life sentence.
The state agreed with First's attorneys that the special questions to the jury
- about whether the defendant was likely to be a danger to society in the
future, and if there were mitigating circumstances that warranted a life
sentence - should be answered on the murder count for each victim. Up to that
point, the question only had to be answered as the crime related to the 1st
victim named in the case.
First, now 53 years old, is still in prison. He initially became eligible for
parole in 2006.
--
Terry N. Sterling
A Lamb County jury sentenced Terry N. Sterling to be executed for the rape and
murder in 1984 of an 80-year-old widow in Amherst, Della M. Thomas.
Sterling gave several confessions to law enforcement, including one most of the
Texas Court of Criminal Appeals acknowledged as improper because the officers
who interrogated him made statements that could have been interpreted as
promises of lesser punishment if he confessed. The judges ruled the error was
harmless because Sterling confessed a 2nd time under circumstances that were
legally appropriate, and with no connection to the 1st confession.
The Texas Court of Criminal Appeals received the case again in 1993, and
overturned the death penalty on the grounds the trial judge had erred by
forbidding the jury to consider evidence that Sterling might have suffered from
brain damage or mental defect.
Sterling, now 53 years old, is serving a life sentence. He was 1st eligible for
parole in 2004. --
Sammie Smith
Sammie Smith was convicted in 1985 of capital murder for the rape and murder of
a Lubbock housewife in October 1984. According to court records, Smith admitted
to the crime some 2 weeks after it occurred. Witnesses said he'd been working
for a pest control company that had a contract to provide spraying services for
a group of duplexes where the victim lived.
Although the prosecution offered statements from witnesses that Smith said he
was a "hot blooded" man who needed sex more often than his wife was willing to
have sex, the Texas Court of Criminal Appeals in October 1989 changed the
sentence to life on the grounds there was no evidence or witnesses to indicate
Smith was a routinely violent person.
Instead the high court noted a variety of mitigating factors in the evidence -
no prior criminal record, no history of violence or misconduct in school. The
court also noted school records reflected Smith's IQ had tested at below 70,
and when children at school abused him, Smith would leave the campus rather
than fight. And at trial, witnesses for both the prosecution and defense had
described him as mild-mannered and gentle.
According to the Department of Criminal Justice, Smith is no longer in prison.
--
Jim Huffman
A Lubbock County jury sentenced Jim Huffman to death for the February 1984
robbery and strangulation death of Jeanette Peters, a 48-year-old woman who had
befriended him. Police arrested him a day later, in a high-speed chase.
Officers described him as combative and intoxicated when they tried to arrest
him. They initially linked him to Peters' death because some of her possessions
were in the car he was driving.
The Texas Court of Criminal Appeals reduced the sentence to life in prison
because, other than a prior burglary conviction and a fight with a jail guard a
day after his arrest, the prosecution offered no evidence to suggest Huffman
had a history of violence and would be a threat to society in the future.
Huffman, now 52 years old, is serving a life sentence in prison. He was first
eligible for parole in 2004.
--
Larry Fortenberry
Larry Carnell Fortenberry was sentenced to death for killing Motley County
Sheriff Jalmar "Jenks" Wilson in November 1976. Wilson was taking a motorist
back to his disabled car when he and his passenger found Fortenberry and his
accomplice, Stacy Albert Carter, switching the license plates from the disabled
car to their getaway vehicle.
Fortenberry and Carter were escapees from a Louisiana prison.
Fortenberry and Carter fired at the pair. Wilson was killed, the passenger
wounded.
They were arrested, and Carter agreed to testify against Fortenberry in
exchange for a lesser charge of murder, while Fortenberry's capital murder
charge stemmed from killing a law enforcement officer in the commission of his
duties.
When the confrontation occurred, Wilson was wearing civilian clothes, did not
display his badge and was driving an unmarked vehicle that had flashing lights
behind the grille.
Carter testified Fortenberry knew Wilson was a law enforcement officer, but the
prosecution put up no other evidence to back Carter up.
The Texas Court of Criminal Appeals reversed the sentence and ordered a new
trial on the grounds the judge failed to properly instruct the jury about the
requirement that accomplice testimony must be corroborated.
Fortenberry received a life sentence on a reduced charge of murder with a
deadly weapon.
Now 65, his life sentence also covers convictions for aggravated robbery in
Carson County and robbery with a deadly weapon in Potter County. He became
eligible for parole in 1983.
--
Don Warren
Don Louie Warren was sentenced to death for the January 1975 murder of Victor
Wayne Tucker while burglarizing Tucker's home.
Warren said nobody was home when he and an accomplice entered the house. While
they were searching a bedroom, however, someone came in and surprised the
burglars.
Warren admitted he was carrying a pistol he'd picked up elsewhere in the home.
Tucker yelled at them and pulled a gun, Warren said, so Warren pulled the
pistol he'd found and shot.
At trial, Warren again admitted to the crimes and told the jury he'd pulled the
pistol out of his coat and shot as an act of self preservation.
During the punishment phase, the prosecution only offered a previous felony
theft conviction. The defense did not offer a case.
The Texas Court of Criminal Appeals reversed the death sentence in 1978, saying
there was no evidence Warren had a history of violence, and noted the
circumstances of the crime suggested the murder was not a calculated act and
remanded the matter.
Warren's sentence was reduced to murder with a deadly weapon, and he was
sentenced to 55 years.
According to Texas Department of Criminal Justice records, Warren is no longer
in prison.
(source for all: Lubbock Avalanche-Journal)
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