Humberto "Gallo" Garza III had
hoped that the religion he found during the
2 years he spent waiting for his capital murder trial would save
his life.
Instead, a 12-member jury on Wednesday took 3
hours to send the suspected Tri-City Bomber
captain to death row for planning the murders of 6 men on
Jan. 5, 2003.
One day earlier, the same jury found Garza, 30,
guilty on of 1 count murder and one count
of capital murder on charges he planned and
coordinated a drug raid at 2915 E. Monte Cristo Rd. in Edinburg.
Garza pleaded not guilty to the charges that he
planned to steal a large amount of
marijuana thought to be in the house, called a group of gang
members together and drove them to the house. Police said
he waited in a vehicle nearby as the masked
men charged the home with assault weapons and
shot each of the six men several times.
Family members of Garza and the victims, and
even some jurors cried as 370th state
District Judge Noe Garza formally sentenced Garza to death
row, explaining the sentence allows for an automatic
appeal, and Garza will be appointed two new
lawyers to help his case. As deputies places
handcuffs on Garza, he hugged his attorneys, Ralph Martinez
and Keno Vasquez, thanking them.
He then turned around and faced family members
who filled the courtroom sobbing.
"I want to tell my family I love them. I love
them deeply and I didnt kill nobody," he
said. "Dont worry. I have faith in God that Ill be back and I
will win this case."
As deputies escorted him out of the courtroom,
he smiled at his family members and told
them not to worry and to "keep the faith."
They answered that they loved him and that God
would have the final say. Martinez gave
Garzas mother a handful of letters Garza had written for his
relatives.
Jurors had decided that Garza was a continual
threat to society and had caused or
intended the deaths of the six men. They also did not find any
mitigating circumstances to justify giving him a life
sentence.
Garza is the 2nd man to receive the death
penalty in connection with the slayings. In
December, a jury sentenced Juan Raul Navarro Ramirez to die
for the slayings. Another man charged in the murder,
Robert Gene Garza, is already on death
row for killing four Donna women in 2002. That slaying
was also connected to the local gang, the Tri-City Bombers.
There are six other waiting separate
capital murder trials in Hidalgo county jail and
two others charged have not been caught.
During the sentencing, Garzas attorneys had
argued that Garza had a change of heart and
given his life to God while in prison. While others around
him argued the fate of his life, Garza spent most of the
day with his head bowed, resting on his
folded arms.
But Hidalgo County Assistant District Attorneys
Murray Moore and Joseph Orendain outlined
Garzas criminal history to prove he remained a threat.
Garza first entered the Texas Youth Commission
at age 16. In July 1991, he was again
arrested 4 days before his 17th birthday for stabbing a man. He
was released 3 months later on bond. He pleaded guilty to
the stabbing, claiming it was in self-defense
against a high school rival who started a
fight with him.
He was in prison from 1992 until 2002 on those
charges as well as with burglarizing a
house.
In April 2002, Garza was released from prison
but was to be on parole until 2010.
Jesusa Farias, Garzas parole officer, testified
that Garza performed well during his parole
up until his arrest and had found a job, started alcohol
and substance abuse treatment and had begun paying
restitution.
Garza had identified anger problems, a need for
companionship and associations with
negative influences but never mentioned being a member
of a gang or asked for help getting out, she said.
Hidalgo County Detention Center Lt. Jack Alaniz
testified that Garza did not identify
himself as a gang member and was not classified as a gang
member in the detention center. He said Garza frequently
participated in Bible studies and prayed
with prison ministers.
Moore asked if he had heard the saying that "Jesus
and Elvis live at the jail."
Alaniz said it was a familiar phrase to
describe inmates who "go to jail, they
start reading the Bible and get religious. Thats common."
But Garzas religious devotion appeared sincere,
testified several ministers that met with
him in the jail. Garza studied the Bible often and
had begun a correspondence course learning about scripture,
said the jails rehabilitation counselor,
Juan Parro.
Baptist minister Eduardo Luna said he met with
Garza often to discuss scripture and felt
Garzas religious interest was genuine.
"I tend to pull away if I dont see a sincerity,"
he said.
Even before his arrest for the Edinburg murders,
Garza had been attending church, alone or
with his mother, said Elodia Davila, who counseled Garza
at the substance abuse program required for his parole.
Throughout the trial, Garzas mother, Lydia,
prayed for her son outside the courtroom
and was allowed to see him briefly before the sentencing
hearing.
She testified that she was married to his
father, Humberto Garza Jr. for 15 years,
most, of which Garzas father spent in prison. Her son did not
have a good relationship with his father and did not see
him very often.
"He was in prison. I was a single parent. He
died in the hospice in a prison," Lydia
Garza said. "He wasnt around much for my son or for me."
Lydia Garza said her son was "devastated" about
his fathers death, which occured a year
before the Edinburg murders.
She said her son went to prison at 16 and was
27 when he came out. She knew his friends
before he was jailed and did not know him to be a member
of any gang.
"Ive always had a good relationship with him,"
she said.
Under cross-examination, Lydia Garza said she
had tried to obtain counseling for her son
when he was in trouble in high school. She allowed
him to live with her when he was released from prison and
helped him pay for half his payments on a
pickup truck.
After his mother testified, she told Garza that
she loved him as she exited the courtroom.
He looked back with tears in his eyes as she left.
In his closing arguments, Martinez asked the
jury to give Garza a life sentence that
would make him 71 years old before he would be eligible for
parole.
He noted that during the decade Garza spent in
prison, he had few behavior problems, and
none after 1996. Martinez also pointed out that Garza helped
police after his arrest and gave them information that
helped them arrest other people involved.
"Maybe the Bible study is a Jesus and Elvis con
game, but maybe he feels the moral
responsibility," Martinez said.
Prosecutors argued that Garzas religious study
made him a hypocrite because he knew right
and wrong, yet he went along and planned the Monte
Cristo raid.
"Hes worse than the man who pulled the trigger.
He executed the plan and he executed the 6
individuals," Orendain said, showing jurors pictures of
the victims: brothers Jerry Hidalgo and Ray Hidalgo; half
brothers Juan Delgado Jr. and Juan Delgado
III; Ruben Castillo and Jimmy Almendariz.
Graciella Delgados son and stepson were killed
in the murders. She attended most of the
trial.