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Perry Allen
AUSTIN
Rape
Name
TDCJ
Number
Date
of Birth
Austin, Perry Allen
999410
06/23/1959
Date
Received
Age (when Received)
Education Level
04/25/2002
42
9
Date
of Offense
Age
(at the Offense)
County
08/19/1992
20
Harris
Race
Gender
Hair
Color
white
male
black
Height
Weight
Eye
Color
5 ft 9 in
163
brown
Native
County
Native
State
Prior
Occupation
Harris
Texas
laborer
Prior
Prison Record
#292744, received on 6/7/1979 on a
30 year sentence from Dallas County for 2 counts of aggravated
rape, 1 count of attempted aggravated rape, and 1 count of
aggravated robbery; released on mandatory supervision on
7/24/1991.
Summary of incident
On 8/19/1992, Austin went to the
Harris County home of the victim (a 9 year old white male),
looking for the victim's older brother. The victim got in the
car with Austin and left, presumably to look for the older
brother. The skeletal remains of the victim were found on
4/23/1993 in a landfill located in Harris County.
Co-defendants
None.
Race
and Gender of Victim
white male
Perry Allen
Austinwas sentenced to death after
pleading guilty to the murder of David Karim Kazmouz.
David Kazmouz
disappeared after leaving his neighbor’s yard in the direction
of his home in the 6400 block of Leader on August 19, 1992.
Houston police
and the FBI conducted an extensive investigation. Several
concerned citizens assisted in searches for the boy without
result. David’s skeletal remains were found on April 24,
1993, in a wooded area about six miles from
his home.
Perry Austin
had befriended David’s teen-age brother. Austin was questioned
during the investigation and made several incriminating
statements. He admitted he had David in his car the day the boy
disappeared and claimed he dropped David off at a convenience
store nearby.
During the
investigation, it was discovered Austin was having a sexual
relationship with a 14-year-old girl. He was charged with
aggravated sexual assault of a child, pleaded guilty to the
charge and was sentenced.
In January 2001, a
police officer received a letter from Austin who
requested that the investigator come visit him in regards to the
David Kazmouz case. The officer met
with Austin at the Hughes Prison Unit in Gatesville, TX
where Austin was serving a 30-year sentence for the sexual
assault of a child.
At that
meeting, Austin gave a recorded confession in David’s abduction
and murder. He said he wanted to receive the
death penalty. Prosecutors told a Houston jury that Austin was
trying to punish the child's older brother. Prosecutor Lucy
Davidson told jurors Austin was a drug courier for a Houston
street gang in August 1992 when he befriended David Kazmouz's
16-year-old brother, Karrem. The prosecutor said when some drugs
came up missing, Austin thought Karrem Kazmouz had stolen from
him. David Kazmouz was abducted a short time later.
In August 1992, Davidson said, Austin had
been on parole for about a year after 1978 rape, attempted rape
and aggravated robbery convictions in Dallas. The victims were
his sisters and mother. In Houston, he was a drug courier for a
street gang when he befriended Karrem Kazmouz. When drugs turned
up missing, Davidson said, Austin thought Kazmouz, 16 at the
time, had stolen from him.
David Kazmouz was abducted from his
Sharpstown neighborhood Aug. 19, 1992, and an intensive search
and nationwide billboard campaign turned up nothing for eight
months. When the boy's skeletal remains were found in April 1993
in a wooded area about six miles from his home, Davidson said,
the cause of death could not be determined.
However, it was ruled a homicide because the
leg bones were tied together. During the investigation,
authorities discovered that Austin's girlfriend was 14, and he
pleaded guilty to sexual assault of a child and was sentenced to
30 years in prison. In 1995, he was given an additional 20 years
for stabbing an inmate.
But he did not discuss the Kazmouz case until
he confessed in a letter to a Houston homicide detective in
January 2001. Davidson said Austin picked up Kazmouz near his
home, injected him with Demerol and slit his throat.
The boy's mother, Fay Kazmouz, testified that
her family had been guilt-ridden since the child's abduction.
Her second son, Michael, 13 at the time, blamed himself because
he was watching David that day while she was at work, the mother
said.
Early in the investigation, she said, "I
looked him (Austin) straight in the face and asked him if he
knew where my son was. He looked me straight in the face and
said, No."
Austin represented himself in the punishment
phase of the trial. He did not testify, but during closing
statements he told the jury the evidence that prosecutors Luci
Davidson and Renee Magee presented against him was correct.
"Pretty much everything they said about me is true," Austin told
the panel. "I'm violent, mean . . . Sometimes I have no
conscience . . . I've been like this all my life. I'm not about
to change."
In deciding whether Austin should spend his
life in prison or be executed, the jury was asked to answer two
special issue questions. The first was whether Austin was a
future danger. If they unanimously agreed he was, the jury could
then move to the second question regarding mitigating
circumstances. Austin told the jurors that if they sent him back
to prison he would commit more acts of violence. Then he said
there were no mitigating factors, "no reason for killing him (Kazmouz)."
Davidson told the jury that Austin had spent
only three years of his adult life interacting in society. And
in that time he had raped his sister, robbed his sister and
mother, sexually assaulted a 14-year-old girl and killed Kazmouz.
"That is what he has done in the three years we have let him out
in this society," Davidson said. "We certainly can't trust him
ever again in the free society. But we can't trust him in the
prison system."
Austin had been on parole about a year from
the 1978 rape and robbery convictions when he befriended the
Kazmouz brothers in 1992. Although he was always considered a
suspect in Kazmouz's death, it wasn't until January 2001 that he
confessed from prison. During the initial investigation, police
discovered Austin was having sex with a 14-year-old girl. He
pleaded guilty and has been serving a 30-year sentence for
sexual assault of a child.
In 1995, another 20 years was added to his
sentence for stabbing an inmate. He also has a lengthy
disciplinary prison record that includes assaulting guards.
"Society can no longer handle him. We are through," Davidson
said. "Because Karrem took from him, he was going to take from
Karrem. He took his little brother," Davidson told the jury.