Murderpedia has thousands of hours of work behind it. To keep creating
new content, we kindly appreciate any donation you can give to help
the Murderpedia project stay alive. We have many
plans and enthusiasm
to keep expanding and making Murderpedia a better site, but we really
need your help for this. Thank you very much in advance.
Timothy Wayne
ADAMS
Summary:
Timothy Adams and Emma Adams were married in March of 2000. In
July, Adams and Emma had a son, Tim. In February 2002, when Emma
discovered that Adams was keeping a gun in their apartment, she
decided to move out.
On Feb. 20, Emma and her child, Tim, returned
to the apartment to remove some of her things. When Emma entered
the apartment, she saw Adams with a gun in his hand and her other
son, Andrew, 13, from a previous relationship. Emma put Tim down
on the floor and asked Adams what was going on. Adams picked up
Tim. Emma picked up the phone and called 9-1-1. Adams pointed his
gun at Emma and fired a shot that grazed her back. Emma dropped
the phone, and she and Andrew ran for the door. Minutes later, the
police SWAT Team arrived.
After a standoff and several phone
conversations to relatives, Adams surrendered. Police found Tim
dead on the floor inside the apartment. The toddler died from two
bullet wounds to his chest. The act was intended as retaliation
against his wife because she was leaving him. Adams pled guilty to
capital murder.
Citations:
Adams v. State, Not Reported in S.W.3d, 2004 WL 3093236 (Tex.Crim.App.
2004). (Direct Appeal)
Final/Special Meal:
Fried chicken, french fries, lemon cake, root beer and Sprite.
Last Words:
None
Name
TDCJ
Number
Date
of Birth
Adams, Timothy Wayne
999448
08/22/1968
Date
Received
Age (when Received)
Education Level
04/17/2003
34
12
Date
of Offense
Age (at theOffense)
County
02/20/2002
33
Harris
Race
Gender
Hair
Color
black
male
brown
Height
Weight
Eye
Color
5 ft 6 in
241
brown
Native
County
Native
State
Prior
Occupation
Harris
Texas
clerk, laborer
Prior
Prison Record
none
Summary of incident
On 02/20/2002, in Houston, Texas,
Adams shot his 19 month old black male child twice in the chest,
resulting in his death.
Co-defendants
none
Race
and Gender of Victim
black male
Adams, Timothy Wayne
Date of Birth: 08/22/1968
DR#: 999448
Date Received: 04/17/2003
Education: 12 years
Occupation: clerk, laborer
Date of Offense: 02/20/2002
County of Offense: Harris
Native County: Harris
Race: Black
Gender: Male
Hair Color: Black
Eye Color: Brown
Height: 5' 06"
Weight: 241
Prior Prison Record: None.
Summary of incident: On 02/20/2002, in Houston,
Texas, Adams shot his 19 month old black male child twice in the
chest, resulting in his death
Co-Defendants: None.
Texas Attorney General
Tuesday, February 15, 2011
Media Advisory: Timothy Adams scheduled for
execution
AUSTIN – Texas Attorney General Greg Abbott
offers the following information about Timothy Wayne Adams, who is
scheduled to be executed after 6 p.m. on Tuesday, February 22,
2011. A Harris County court sentenced Adams to death in March 2003
for shooting and killing his nineteen-month-old son during a
standoff with police.
FACTS OF THE CRIME
Timothy Adams and Emma Adams were married in
March of 2000. In July, Adams and Emma had a son, Tim. On Friday,
February 15, 2002, when Emma discovered that Adams was keeping a
gun in their apartment, she decided to move out.
On Feb. 20, Emma and her child, Tim, returned
to the apartment to remove some of her things. When Emma entered
the apartment, she saw Adams with a gun in his hand and her other
son, Andrew, 13, from a previous relationship. Emma put Tim down
on the floor and asked Adams what was going on. Adams picked up
Tim. Emma asked Adams why he was doing this, but he yelled and
pointed the gun. She picked up the phone and called 9-1-1. Adams
yelled at Emma to put the phone down, but she continued to talk
with the 9-1-1 operator.
Adams pointed his gun at Emma and fired a shot
that grazed her back. Emma dropped the phone, and she and Andrew
ran for the door. Andrew returned a couple of minutes later and
pounded on the door. He begged Adams to hand over Tim, but Adams
did not answer the door. In the meantime, police officers,
including a S.W.A.T team, were dispatched to the apartment complex.
Adams could be seen looking out of the apartment window, holding
Tim on one arm and a gun in the other hand. One witness standing
outside of Adams’s apartment saw Adams hit Tim on the head with
the butt of the gun.
Adams had numerous phone conversations with
friends, relatives, co-workers, and police officers while in the
apartment. A friend of Emma’s called Adams when she saw the
coverage of the hostage stand-off on television. The friend said
Adams stated that he had shot Tim twice in the chest and shot
himself in the stomach. A member of the Houston police hostage
negotiation team talked Adams into surrendering.
Police found Tim dead on the floor inside the
apartment. He died from two bullet wounds to his chest.
EVIDENCE OF FUTURE DANGEROUSNESS
At the punishment stage of Adams’s trial, a
police officer testified that Adams gave him a tape-recorded
statement after his surrender. The tape was admitted into evidence
and played for the jury. The officer allowed Adams to give a
narrative of his version of what had happened.
Adams stated that when Emma picked up the phone
to call 9-1-1, he “snapped” and shot at her. Adams said he later
shot Tim twice in the chest as he was holding him. When the police
officer asked Adams why he shot Tim, Adams explained: “My wife was
hurtin’ me, she was keeping him away from me. I was gonna take him
out and me too.”
Adams testified in the punishment phase of the
trial that after he shot at Emma, he wanted to fire again but the
gun jammed. By the time he managed to get it unjammed, Emma had
run from the apartment and down the stairs. After Emma and Andrew
fled the apartment and the police began to arrive outside, Adams
decided to kill himself and Tim because otherwise he would go to
prison and “Emma would be successful in separating me from him and
not letting me love him and him love me.” He further explained,
“She was not going to get a chance to hurt me or my son anymore,
she wasn’t going to keep us apart, she wasn’t going to teach him
not to love me, and me, I couldn’t love him.” Adams admitted that
he shot Tim a second time when he did not die after the first shot.
Emma testified in the punishment phase of the
trial that Adams was very suspicious and jealous and accused her
of seeing other men. He told her he had followed her to see if she
was meeting anyone. He once told her that he was hoping to catch
her with another man so he could kill them “right then and there.”
On the evening of Valentine’s Day 2001, Adams listened in on a
phone conversation between Emma and a male co-worker. After the
phone call, Adams screamed at Emma and beat her on her head with
his fists. Emma also stated that at times Adams told her that if
she ever left him, she would never see Tim again, and that “no man
would ever raise his child and she wouldn’t raise him either.”
PROCEDURAL HISTORY
02/20/02 - Adams shot and killed his son.
05/01/02 - A Harris County grand jury indicted Adams for capital
murder.
03/12/03 - A Harris County jury convicted Adams of capital murder.
03/18/03 - The 182nd District Court of Harris County sentenced
Adams to death.
10/08/04 - Adams filed an original application for a state writ of
habeas corpus.
11/17/04 - The Texas Court of Criminal Appeals upheld Adams’s
conviction on automatic direct appeal
04/25/07 - The Texas Court of Criminal Appeals denied Adams’s
request for habeas relief.
04/21/08 - Adams filed a petition for a federal writ of habeas
corpus.
02/13/09 - A Houston U.S. district court denied habeas relief and
issued final judgment
03/09/10 - The U.S. Court of Appeals for the Fifth Circuit
affirmed the denial of habeas relief.
10/04/10 - The Supreme Court denied Adams’s petition for
certiorari review.
10/27/10 - Harris County District Court scheduled Adams’s
execution for Tuesday, February 22, 2011.
Texas executes Houston man for killing his
son
By Juan A. Lozano - The Houston Chronicle
February 22, 2011
HUNTSVILLE, Texas — A Houston man convicted for
the 2002 fatal shooting of his 19-month old namesake son after an
hours-long standoff with police was executed on Tuesday. Timothy
Wayne Adams received a lethal injection for the death of his son,
Timothy Jr., who was shot twice at close range by his father after
the standoff at his family's apartment.
The execution took place about 35 minutes after
the U.S. Supreme Court rejected a final appeal from Adams. Adams,
42, declined to make a final statement, shaking his head no when
asked if he had any final words.
Before the lethal drugs were administered, he
mouthed some words to his parents and brother and sister, who
witnessed the execution. Adams kept his gaze on his family members
and never looked at Timothy Jr.'s mother and her family, who
watched the execution from a different room than his relatives.
He let out a series of gasps after the lethal
injection took effect. Ten minutes later, at 6:31 p.m. CST, he was
pronounced dead. Adams' sister loudly sobbed and at one point had
to be helped into a wheelchair. "He's going to sleep. He's going
to a better place," said Wilma Adams, the condemned inmate's
mother. Emma Adams, the toddler's mother, quietly sobbed during
the execution. She and her family declined to speak with reporters
afterward.
Timothy Adams was the second Texas prisoner put
to death this year in the nation's busiest death penalty state.
Prosecutors said the toddler's slaying was
intended as retaliation by Adams against his wife because she was
leaving him. Defense attorneys argued the killing was an
aberration in an otherwise law-abiding life. Adams' family had
asked that his sentence be commuted to life in prison without
parole.
Last week, the Texas Board of Pardons and
Paroles rejected a request to recommend that Gov. Rick Perry
commute the sentence to life in prison. It also turned down a
request for a four-month execution delay.
Adams' lawyers had argued that his sentence was
unconstitutional and that the instructions to his trial jury were
flawed. They also contend that his clean prison record belied the
jury's finding that Adams would be a future threat, one of the
questions Texas jurors must decide when deliberating a death
sentence. The defense attorneys in their appeal to the Supreme
Court argued that a 2007 court ruling in Texas, which reduced a
death sentence to life in prison for a mother convicted of killing
her newborn infant son, should also apply to Adams. They argued
that his stress and depression and lack of a prior criminal record
were similar to the mother in that case.
Evidence showed Adams shot his son twice at
close range. Harris County prosecutors said Adams shot his son a
second time when the first shot didn't kill the toddler. "If
you're capable of killing your own infant with a gun, you're
capable of anything," said Lance Long, one of the prosecutors at
trial.
Adams took his toddler son hostage after
getting into an argument with his wife and her 15-year-old son,
whom Adams had threatened with a gun. His wife and the children
were moving out of the family's southwest Houston apartment after
she had discovered Adams was keeping the gun in their home. After
Adams' wife called 911, he fired at her but missed. His wife and
the teen ran from the apartment without the toddler, who had run
to his father earlier. During an hours-long standoff with SWAT
officers, Adams held the child through a window to show he was
fine. But after officers entered the apartment, they found the
toddler dead with two bullet wounds to the chest.
A medical examiner testified the gun either had
been close or against the baby's skin when the shots were fired.
Both bullets went completely through his body. "I was gonna take
me and my son out," Adams told detectives in a taped confession.
Police had been called to the apartment repeatedly in the past but
Adams never was arrested.
Robert Loper, one of Adams' trial lawyers, said
Adams pleaded guilty to show he was taking responsibility for his
actions. "Absolutely what he did was horrible," Loper said. "That
was his son. . . . I'll argue for the rest of my life the jury
made the wrong decision."
At least three other Texas death row inmates
have execution dates scheduled for the coming months.
Man who killed toddler son to be executed
today
By Michael Graczyk - ItemOnline.com
AP - February 22, 2011
HUNTSVILLE — Timothy Wayne Adams never denied
fatally shooting his 19-month-old namesake son, leaving a Houston
jury the task of considering only his punishment. Jurors rejected
his lawyers' arguments eight years ago for a life prison term and
decided Adams, 42, should die. The lethal injection, which would
be the second in Texas this year, was set for Tuesday evening.
Adams' attorneys planned on filing an appeal
with the U.S. Supreme Court on Tuesday after last week both the
Texas Board of Pardons and Paroles rejected a request to recommend
Gov. Rick Perry commute his sentence to life in prison and the
Texas Court of Criminal Appeals dismissed a request to review his
case. The board also turned down a request for a four-month
execution delay.
His lawyers have argued that Adams' sentence
was unconstitutional and that the instructions to his trial jury
were flawed. They also contend that his clean prison record belied
the jurors' finding that Adams would be a future threat, one of
the questions Texas jurors must decide when deliberating a death
sentence.
Evidence showed Adams shot his son, Timothy Jr.,
twice at close range. Prosecutors said the slaying nine years ago
this week was intended as retaliation against his wife because she
was leaving him. Defense attorneys argued the killing was an
aberration in an otherwise law-abiding life and that Adams also
had intended to kill himself before friends and police talked him
out of it.
Jane Waters, one of the Harris County
prosecutors at the trial, said Adams told investigators that when
the first shot didn't kill the child, he fired again. "It was
awful," she recalled. "He said he fired a second time because he
didn't want his son to think he had a bad daddy. "And I think
that's where the jury said: 'OK. We can kill this guy.'"
Robert Loper, one of Adams' trial lawyers, said
Adams pleaded guilty to show he was taking responsibility for his
actions and hoped jurors would give him life in prison because he
had no previous criminal record and wouldn't be a future danger. "Absolutely
what he did was horrible," Loper said. "That was his son. ... I'll
argue for the rest of my life the jury made the wrong decision."
In earlier court appeals, Adams contended his
trial lawyers had been deficient and failed to adequately address
prosecution evidence and testimony that he said unfairly labeled
him a baby killer and abusive spouse.
He was arrested Feb. 20, 2002, after a SWAT
standoff at the family's southwest Houston apartment. Police had
been called there repeatedly in the past but Adams never was
arrested.
Testimony showed his wife had moved out after
discovering he was keeping a gun in the apartment. She wanted to
remove some of her belongings and Adams agreed not to be present
when she showed up. Her 15-year-old son arrived first but Adams
was there, confronted him with the gun, accused him of stealing a
video game and complained about the boy's mother. When his wife
arrived, carrying 19-month-old Timothy Jr., he confronted her as
she put down her child to help her older son. The little boy ran
to his father.
Adams' wife grabbed a phone and called 911. He
pointed the gun at her and fired, missed her, then tried firing
again but the weapon jammed. She and her older son ran outside
without the baby. Police eventually convinced Adams to surrender.
During an hours-long standoff, he held the child through a window
to show he was OK but officers entering the apartment found the
toddler dead with two bullet wounds to the chest. When police
recovered the note he'd written earlier, the slain child's blood
was on it.
A medical examiner testified the gun either had
been close or against the baby's skin when the shots were fired.
Both bullets went completely through his body.
"My wife was hurtin' me," he told detectives in
a taped confession. "She was keeping him away from me. ... My
parents couldn't even see my son. "I was gonna take me and my son
out." In the clemency petition, Adams' relatives and supporters
said he accepted responsibility for "an unspeakable act."
Timothy Wayne Adams
ProDeathPenalty.com
Timothy Adams and Emma Turner were married in
March of 2000. In July, Adams and Emma had a son, Tim. On Friday,
February 15, 2002, when Emma discovered that Adams was keeping a
gun in their apartment, she decided to move out. That morning Emma
took Tim and her fifteen-year-old son from a previous relationship,
Andrew, and moved in with her friend, Karen. Accompanied by a
police officer, Emma retrieved some of her things from the
apartment on Saturday while Adams was not there. Emma spoke with
Adams on the phone on Sunday and informed him that she was moving
out. Adams agreed that Emma could return to the apartment on
Tuesday to get more of her belongings, and he agreed that he would
not be there. After removing some of her property on Tuesday, Emma
told Adams that she needed to return another time for more
belongings. Adams agreed that she could return the following day,
and he told her that he would not be there.
Emma made arrangements to meet her son Andrew
at the apartment on Wednesday, February 20, after school. Andrew
arrived at the apartment before Emma and Tim. Adams, who was
already in the apartment, came up behind Andrew with a gun in his
hand. Adams pointed the gun at Andrew and said, "I should shoot
you now." Adams ordered Andrew to sit on the floor, and accused
Andrew of stealing videotapes from him. Adams then angrily asked
Andrew why Emma was "doing this" to him. Adams told Andrew that
Emma was "going to pay." As they waited for Emma to arrive, Adams
wrote her a note and read it aloud to Andrew. The first page of
the note states: Look what you and your selfish pride did. You
thought I was playing. Now you see I whaten. Don't ever tell me
what I can't do with my own child. You wish you had let me spend
time alone with my child now. You wish you had been calling our
son Tim Jr. now. You wish you had not called me those names now.
You wished you had washed my clothes and fixed me something to eat
now. Page two of the note states: You will never forget this will
you Bitch! You wish you had just been a wife now don't you. You
should of never tried to take my son away from me. I told you
Bitch! I hate you to! You should of loved your husband Bitch.
Adams testified at punishment that he wrote the first page of the
note while he and Andrew were waiting for Emma, and he wrote the
second page after he killed Tim. There are blood smears on the
second page of the note and the writing is less uniform than it
appears on the first page.
Adams watched out the window for Emma. When he
saw her coming he hid behind the front door and opened it for her.
When Emma came in, carrying the year-and-a-half-old Tim, she saw
Andrew sitting on the floor and then saw Adams with a gun in his
hand. She put Tim down on the floor and asked Adams what was going
on. Adams picked up Tim. He told Emma that Andrew had confessed to
stealing from him, and he yelled at Andrew to tell Emma the truth.
Emma asked Adams why he was doing this, but he continued yelling
and pointing the gun. She picked up the phone and called 911.
Adams yelled at Emma to put the phone down, but she continued to
talk with the 911 operator. Adams pointed his gun at her. Andrew
attempted to jump between Emma and the gun.
As Adams fired a shot, Emma dropped the phone,
and she and Andrew ran for the door. The bullet went through
Emma's shirt and grazed her back. The gun jammed. Adams attempted
to un-jam it as Emma and Andrew ran from the apartment. Andrew
returned a couple of minutes later and pounded on the door. He
begged Adams to hand over Tim, but Adams did not answer the door.
In the meantime, police officers, including a S.W.A.T (special
weapons and tactics) team, were dispatched to the apartment
complex. Adams could be seen looking out of the apartment window,
holding Tim on one arm and a gun in the other hand. One witness
standing outside of Adams's apartment saw Adams hit Tim on the
head with the butt of the gun. Adams had numerous phone
conversations with friends, relatives, co-workers, and police
officers while in the apartment. Adams told one police officer
with whom he spoke that he wasn't giving himself up and that if
anyone tried to enter the apartment, he would kill himself. He
told this officer that he had already shot himself in the stomach.
Adams told another officer on the phone that he hated his wife,
that she mistreated him, and that she threatened to take his son
away. He told this officer that he was considering suicide. Adams
told another officer during a phone conversation that he would
shoot anyone who came in the door. Emma's friend Karen called
Adams when she saw the coverage of the hostage stand-off on
television. Adams told her "he was going to make Emma hurt the
rest of her days on the earth like she made him suffer." He also
told her that he had shot Tim twice in the chest and shot himself
in the stomach.
Houston Police Officer Gordon Michael Garrett,
a volunteer member of the hostage negotiation team, was at the
apartment complex talking to Adams's employer, Ms. Garcia, when
she received a call on her cell phone from Adams at around 7:25
p.m. Ms. Garcia handed the phone to Officer Garrett. Adams told
the officer that he had killed Tim an hour earlier. Officer
Garrett talked Adams through a surrender plan, and twenty minutes
later Adams surrendered. Tim was found dead on the floor inside
the apartment. He died from two bullet wounds to his chest. The
medical examiner testified that the muzzle of the gun had been
placed loosely against the surface of the skin, either close to or
touching the victim's body, when fired. Both bullets passed
through the child's body and exited out his lower back.
At the punishment stage of trial, Sergeant
James Lee Ramsey testified that Adams gave him a tape-recorded
statement after his surrender. The tape was admitted into evidence
and played for the jury. Sgt. Ramsey allowed Adams to give a
narrative of his version of what had happened. Adams immediately
began by complaining that Emma had "mentally abused" him, citing
examples of this perceived mental abuse and mistreatment. He
claimed that when he told Emma that Andrew was stealing from him,
she called him a liar even though she knew he was telling the
truth. He stated that Emma would not allow him to do "simple
things" with Tim. Adams described an incident in which he was
given a chair for Tim from a woman at work. Adams said Emma put
toys in the chair so that Tim could not sit in it "just basically
to be mean so he couldn't have the gift that I gave him." Adams
stated that Emma was "mean and evil." He stated that "whatever I
try to give my son, do for him and be there for him, she would not
let him have it." Adams claimed that Emma would untruthfully tell
others that he would not give her money for things such as diapers
and food. He claimed "that was just her mean, evil way of being
mean to me." Adams stated that he remained at work for hours after
the time he was scheduled to get off because he did not want to go
home and face the terrible treatment from Emma. He claimed the
worst thing Emma did was to tell him that he could not be with Tim,
that she "was gonna use the child to hurt [him]."
After allowing Adams to speak at length about
the abuse he suffered from Emma, Sgt. Ramsey asked Adams to tell
him what had happened that afternoon. Adams stated that he went
home from work early that day so he could "catch 'em at home." He
stated that he made Andrew confess to Emma that he had been
stealing from Adams. He stated that when Emma picked up the phone
and called the police like "she done many times," he "snapped" and
shot at her. When Sgt. Ramsey asked him why he shot Tim, Adams
explained: My wife was hurtin[g] me, she was keeping him away from
me. I was gonna take him out and me too. Cause I didn't want him,
gonna raise him to teach him don't love your Daddy, he was this
and he was that. She was gonna do that. My parents couldn't even
see my son, my Mother, my Daddy. She know what she done, she gonna
sit up there and change it all around. She knows what she did.
Adams stated that he shot Tim twice in the chest as he was holding
him. Sgt. Ramsey then asked Adams if there was anything else he
would like to say. Adams stated, "I could go on forever" and then
continued to talk some more about Emma's "abusive behavior."
He stated that Emma would not open his card on
Mother's Day, and made up an excuse not to go out with him on
Mother's Day. She also did not buy him a birthday present and
would not sing happy birthday to him. He complained that he rode
the bus to work while Emma drove her Trooper. He cited these as
examples of Emma's "just mentally abusing me in just all kind of
ways." Sgt. Ramsey then stated to Adams, "Okay let me, let me get
this straight. You, you shot your son because [Emma] wouldn't let
you have your son. So you were just gonna take your son away from
her, too, since you couldn't have him. Is that what you're trying
to tell us?" Adams responded, "My wife got in my head. I was gonna
take me and my son out."
Emma testified at punishment that Adams was
very suspicious and jealous and accused her of seeing other men.
He told her he had followed her to see if she was meeting anyone.
He once told her that he was hoping to catch her with another man
so he could kill them "right then and there." On the evening of
Valentine's Day 2001, Adams listened in on a phone conversation
between Emma and a male co-worker. After the phone call, Adams
screamed at Emma and beat her on her head with his fists. Emma
also stated that at times Adams told her that if she ever left him,
she would never see Tim again, and that "no man would ever raise
his child and she wouldn't raise him either." Emma said there was
no food in the house, and Adams would not give her money for food
and would get angry if she asked him for money.
Karen Farr testified at punishment that in the
months before the offense, she talked often with both Emma and
Adams, separately, about their marital problems. Adams told her
about two movies he had watched in which the plot was that a man
murdered his wife and did not get caught. Ms. Farr stated that
Emma and the children often came to her house to eat because Emma
said there was no food at her house.
Adams called numerous witnesses at punishment
who testified that they knew Adams from work, that he was an
excellent employee, a proud father, and a nice and caring person,
that they were shocked to hear of the charges against him and they
did not believe Adams would be a future danger.
The mother of Adams's fifteen-year-old son
testified that she had known Adams for nineteen years, that she
had lived with Adams for about a year after he returned from the
service, that she was very surprised about the charges, and that
she had never had any disagreements with Adams over their son.
Other punishment witnesses who testified for
Adams included jail personnel, fellow inmates, a criminal justice
professor, Adams's mother, and a forensic psychiatrist. Adams also
testified on his own behalf. Adams testified that he purchased a
handgun about month before the offense. He also put a rifle in "lay-away."
He stated that he planned to use both weapons for hunting in the
fall. Describing the events surrounding the offense, Adams stated
that when Emma came home and he began yelling about what Andrew
had stolen, Emma "did what she always did, she picked up the
telephone to call the police." He explained that "Emma would
always provoke me and try to get me into - you know, angry and
into a rage then she would call the cops, so when she did that, to
me she was doing it again, and I closed my eyes. I didn't want to
shoot but I did want to shoot." Adams stated that after he shot at
Emma, he wanted to fire again but the gun jammed. By the time he
managed to get it un-jammed, Emma had run from the apartment and
down the stairs. After Emma and Andrew fled the apartment and the
police began to arrive outside, Adams decided to kill himself and
Tim because otherwise he would go to prison and "Emma would be
successful in separating me from him and not letting me love him
and him love me." He further explained, "She was not going to get
a chance to hurt me or my son anymore, she wasn't going to keep us
apart, she wasn't going to teach him not to love me, and me, I
couldn't love him."
On cross-examination Adams admitted that his
gun was fully loaded with eleven bullets on the day of the offense.
Adams also admitted that he took the gun to work with him on the
day before and the day of the offense so that Emma would not
remove it from the apartment. Adams agreed that his parents knew
that his marriage was volatile and begged him not to keep the gun
at the apartment. Adams denied purchasing the gun for the purpose
of shooting Emma. He insisted that he bought it to use for deer
hunting, even though he acknowledged that deer season was eight or
nine months away at the time of the purchase. Adams admitted that
he shot Tim a second time when he did not die after the first shot.
He also agreed that after shooting Tim, he wrote the second page
of the note to Emma.
Timothy Wayne Adams
Texexecutions.org
Timothy Wayne Adams, 42, was executed by lethal
injection on 22 February 2011 in Huntsville, Texas for the murder
of his 18-month-old son.
In February 2002, Timothy and Emma Adams were
living in an apartment in Houston with their 18-month old son, Tim;
and Andrew, Emma's 13-year old son from a previous relationship.
On Friday, 15 February, Emma decided to move out after discovering
that her husband was keeping a gun in the apartment. She took her
children with her and moved in with a friend, Karen Farr. On
Saturday, she went to the apartment with a police officer and
retrieved some of her things. On Sunday, she spoke with Adams on
the phone and informed him she was moving out. He agreed that she
could return on Tuesday and get more of her belongings, and that
he would not be there. After she did so, she told Adams that she
needed to make another trip for her belongings. He told her she
could return on Wednesday and agreed that he would not be there.
Emma then made arrangements with Andrew to meet him at the
apartment after school on Wednesday.
On Wednesday, 20 February, Andrew arrived at
the apartment as planned. Adams then came up behind him, pointed a
gun at him, and said, "I should shoot you now." He ordered Andrew
to sit on the floor and accused him of stealing videotapes from
him. Adams angrily asked Andrew why his wife was "doing this" to
him and told him she was "going to pay." As they waited together
for Emma to arrive, Adams wrote a note to her and read it aloud to
Andrew. The note read: Look what you and your selfish pride did.
You thought I was playing. Now you see I whaten. Don't ever tell
me what I can't do with my own child. You wish you had let me
spend time alone with my child now. You wish you had been calling
our son Tim Jr. now. You wish you had not called me those names
now. You wished you had washed my clothes and fixed me something
to eat now.
Eventually, Emma returned with Tim. When she
entered the apartment, she saw Andrew sitting on the floor and saw
Adams with the gun in his hand. She put Tim down on the floor and
asked what was going on. Adams picked up Tim. He told Emma that
Andrew had confessed to stealing from him and yelled at Andrew to
tell her the truth. Emma asked Adams why he picked up the baby. In
response, he yelled at her and pointed the gun. Emma then picked
up the phone and called 9-1-1. Timothy yelled at Emma to put down
the phone, but she continued to talk with the 9-1-1 operator.
Adams then pointed the gun at her. Andrew attempted to jump in
front of the gun. Adams fired. The bullet went through Emma's
shirt and grazed her back. She and Andrew ran for the door and
escaped.
A couple of minutes later, Andrew returned and
pounded on the door, begging Adams to hand over Tim. Adams did not
answer the door. Police officers, including a S.W.A.T. team, were
sent to the apartment complex. Witnesses saw Adams looking out of
the apartment window, holding Tim on one arm and a gun in the
other hand. One witness saw Adams hit Tim on the back of the head
with the butt of the gun.
During the standoff, Adams had numerous
telephone conversations with friends, relatives, co-workers, and
police officers. He told one police officer that he wasn't giving
himself up and that had already shot himself in the stomach. He
said he would kill himself if anyone tried to enter the apartment.
He told another officer he would shoot anyone who came through the
door. Emma's friend, Karen Farr, called when she saw the standoff
on television. Adams told her he was "going to make Emma hurt the
rest of her days on the earth, like she made him suffer." He told
her he had shot Tim twice in the chest and shot himself in the
stomach.
After shooting Tim, Adams continued his note to
Emma on a second page: You will never forget this will you Bitch!
You wish you had just been a wife now don't you. You should of
never tried to take my son away from me. I told you Bitch! I hate
you to! You should of loved your husband Bitch
Adams ultimately surrendered after talking to a
member of the Houston police hostage negotiation team. The
standoff lasted about 2½ hours in total. When police entered the
apartment, they found Tim dead on the floor. He died from two
bullet wounds in his chest. The medical examiner testified that
the muzzle of the gun was touching the victim's skin when it was
fired. Adams later testified that he shot Tim a second time
because he did not die after the first shot.
In a lengthy recorded confession, Adams said
Emma had "mentally abused" him. He said she was "mean and evil"
and that "whatever I try to give my son, do for him, and be there
fore him, she would not let him have it." Citing an example, he
said a woman at work gave Tim a chair. Emma put toys in the chair
so that Tim could not sit in it "just basically to be mean so he
couldn't have the gift that I gave him." She untruthfully told
others he didn't give her money for diapers and food, which "was
just her mean, evil way of being mean to me." Adams also stated
that she knew Andrew was stealing from him, but when he confronted
her about it, she called him a liar.
"My wife was hurtin' me," Adams continued. "She
was keeping him away from me. I was gonna take him out, and me too
... She was not going to get a chance to hurt me or my son anymore,
she wasn't going to keep us apart, she wasn't going to teach him
not to love me, and me, I couldn't love him." He said that after
firing the first shot at Emma, he intended to fire the gun again,
but it jammed, giving her time to escape. "I could go on forever,"
Adams said, continuing to talk more about Emma's "abusive behavior."
His other complaints included that she did not open his Mother's
Day card and made up an excuse not to go out with him on Mother's
Day. She did not buy him a birthday present or sing "Happy
Birthday" to him.
Emma Adams testified that her husband was
suspicious and jealous and accused her of seeing other me. He told
her that he had followed her to see if she was meeting anyone. He
told her he was hoping to catch her with another man so he could
kill both of them "right then and there." Adams also listened in
on a phone conversation between Emma and a male co-worker. After
the phone call, he screamed at her and beat her with his fists.
Emma also testified that Adams had stated if she ever left him,
she would never see Tim again.
Karen Farr testified that Emma and the children
often came to her house to eat because Emma said there was no food
at her house. She testified that Adams told her about two movies
he had watched about a man who murdered his wife and did not get
caught.
Andrew's mother testified that had known Adams
for about nineteen years and had lived with him for about a year.
She said they never had any disagreements about their son, and she
was very surprised at the charges against him. Adams' co-workers
also testified that he was an excellent employee and a proud
father, and they were shocked to hear of the charges against him.
Adams had no previous criminal record.
A jury convicted Adams of capital murder in
March 2003 and sentenced him to death. The Texas Court of Criminal
Appeals affirmed the conviction and sentence in November 2004. All
of his subsequent appeals in state and federal court were denied.
Adams' mother, brother, and sister attended his
execution. Adams made no last statement, but before the lethal
drugs were administered, he mouthed some words to his family. He
did not look at the other witness room, from which Emma Adams and
her family were watching. He was pronounced dead at 6:31 p.m.
Tim Adams' Case for Clemency
Standdown.typepad.com
Monday, February 07, 2011
"Clemency Papers Filed in Timothy Adams Case,"
is the title of Deb Courson's post at the Texas News Service, this
morning. Attorneys for Texas death-row inmate Timothy Adams are
set to file clemency papers in the case today.
Adams is scheduled to be executed on Feb. 22
for the shooting death of his 19-month-old son during a domestic
dispute. The case triggered strong emotions because of the young
age of the victim, and it is complicated by the fact that the
family of the murderer is also among the family of the victim.
Adams' relatives claim their voices were not heard in the
sentencing decision.
Timothy's brother, Chadrick Adams, is a teacher
in Houston who says they don't want to lose another family member
because of the tragedy. "It is in our deepest hopes and prayers
that the Texas Board of Pardons and Parole, and Gov. Rick Perry,
will hear us now. Timothy committed a horrible act, but our grief
will only be worsened if he is executed."
The family wants to see Timothy serve life in
prison with no chance of parole - a sentencing option that was not
available during the trial. Surviving maternal family members said
during the trial that they would live in fear if Timothy were to
be released.
The clemency filing details Adams' Army career
and the fact that he had no previous criminal record. The filing
also includes sworn statements from three jurors who say they were
not provided a complete picture of Adams' character and
background. They want the sentence changed to life in prison
without parole. The clemency petition, filed with the Texas Board
of Pardons and Paroles, is in Adobe .pdf format.
"Victims, Jurors Urge Clemency for Tim Adams,"
is the news release issued by Tim Adams' attorneys. Here's the
full text:
(Austin, Texas) Attorneys for Tim Adams filed a
clemency petition today urging the Texas Board of Pardons and
Paroles to vote to spare Mr. Adams’ life and to ask Governor Rick
Perry to commute his death sentence to life in prison without
parole. Mr. Adams is an army veteran with no criminal history, not
even an arrest, until he snapped and killed his son while planning
his suicide in 2002. His execution is scheduled for February 22.
“Our family lost one child. We can’t bear to
lose another. After my grandson’s death, we lived through pain
worse than anyone could imagine. Nothing good will come from
executing my son Tim and causing us more anguish,” said Columbus
Adams, Mr. Adams’ father and a 30 year veteran of the Houston Fire
Department. “We pray that God will fill Governor Perry’s heart
with compassion. If not for Tim, then at least for our family.”
Three jurors from Mr. Adams’ trial, Rebecca
Hayes, Ngoc Duong, and Kathryn Starling, have come forward to
request a commutation of Mr. Adams’ death sentence to one of life.
They believe they were not presented at trial with a complete
picture of Mr. Adams’ character and religious background.
Mr. Adams is loved and supported by members of
his church, work supervisors, fellow soldiers from the military,
and many others. For example:
•Mr. Adams was raised in a Christian home and
was active member of New Pleasant Grove Missionary Baptist Church
in Houston. His Sunday school teacher, Verlene Edmond, remembers
Mr. Adams as “quiet” and “polite” as a teenager and supports a
commutation of Mr. Adams’ sentence.
•When Mr. Adams graduated from high school, he
enlisted in the army and served his country. Mr. Adams’ friend
Roger West, now a Sergeant First Class in the United States Army
and Purple Heart recipient, said that he wishes he could have “a
whole platoon of guys like Tim.” Mr. Adams was honorably
discharged in 1989.
•Mr. Adams was always a hard worker who wanted
to support his young family. He worked as a security guard at
Greenway Plaza in Houston. He was such a good worker that he was
quickly promoted to supervisor of all security shifts. Tim’s
supervisor, Diane Garcia, received “many, many positive comments
and feedback on Tim’s performance.”
•Mr. Adams was a role model to his younger
siblings. Chadrick Adams, Mr. Adams’ brother, said his older
brother taught him his work ethic and inspired him to earn a
scholarship to and graduate from college. Chadrick Adams is a
teacher in Houston. From the beginning, Mr. Adams accepted
responsibility for what he did. He pleaded guilty in open court
and before the jury, even though he was not offered anything in
return for his plea.
Mr. Adams has spent his time on death row
reflecting on what he did, seeking forgiveness from his family,
friends and God, and deepening his faith in Jesus Christ. He has
been a model prisoner without a single disciplinary write-up on
his record – not even for a minor infraction – during his eight
years in prison.
Mr. Adams is not a danger to anyone and never
will be. If the Governor commutes his death sentence, he will
spend the rest of his life in prison.
There is more on the case at the Timothy Wayne
Adams website.
Timothy Wayne Adams Website
TimothyWayneAdams.com
Timothy Adams, who goes by Tim, is held in the
highest regard by members of his church, by supervisors and fellow
soldiers in the military, and by his work colleagues. He had no
criminal record—nor had ever been arrested—prior to the tragic
mistake for which he was sentenced to death.
Tim was born in Houston, Texas on August 22,
1968 to Columbus and Wilma Adams. Tim grew up in a religious home,
and was active in his church and bible study. Tim’s Sunday school
teacher, Verlene Edmond, remembers how “quiet” and “polite” Tim
was as a sixteen-to-eighteen-year-old boy. For the first two years
of Tim’s life, Tim’s father served in the Vietnam War with the
23rd infantry. After his return from the war, Tim’s father worked
for the Houston Fire Department, attaining the position of fire
marshal over the course of his thirty-plus year career. At home,
Tim was a role model to his younger siblings, one of whom he
inspired to graduate college and who currently works as a teacher
in Houston.
After graduating high school, Tim enlisted in
the army in 1986 and was stationed outside Nuremberg, Germany at
Herzo Base. Roger West, a Sergeant in the US Army and Purple Heart
recipient, wished he could have “a whole platoon of guys like Tim.”
During his military service in Germany, Tim’s girlfriend Cynthia
gave birth to his first son, Terell. After three years in the
service, Tim was honorably discharged and returned home to his
family. Although Cynthia and Tim parted ways, both Cynthia and
Terell continue to support Tim.
Tim married Emma Adams in 2000, and his second
son, Tim Jr., was born shortly thereafter. To better provide for
his family, Tim began working for ACSS security as a security
guard at Greenway Plaza in Houston. Because of his reliability and
diligence in carrying out his work duties, he quickly became
supervisor of all security shifts. Tim’s supervisor, Diane Garcia,
received “many, many positive comments and feedback on Tim’s
performance.”
Tim has spent his time on Texas’s death row
trying to understand what caused his crime; seeking forgiveness
from his family, friends and God; and deepening his relationship
with Jesus Christ. He has been a model prisoner, without even a
single disciplinary write-up on his record over the eight years he
has been in prison.
Visit change.org and sign an online petition
asking that Tim's sentence be commuted to life.
What the Victim's Family, Jurors & Community
Members Say about Timothy Adams
“Our family lost one child. We can’t bear to
lose another. After my grandson’s death, we lived through pain
worse than anyone could imagine. Nothing good will come from
executing my son Tim and causing us more anguish. We pray that God
will fill Governor Perry’s heart with compassion. If not for Tim,
then at least for our family.” Columbus Adams, Father of Tim Adams
"I love my grandson and not a day goes by that
I am not thinking of him. Our immediate family lives with this
daily. And his dad does too….I know that Timothy has done a
terrible thing, but I still love my son very much. I am asking
that Timothy’s life be saved.” Wilma Adams, Mother of Tim Adams
“Timothy’s crime was totally out of character,
and did not reflect his true character or upbringing…Timothy was a
loving father and provider for his family. He was able to teach me
a work ethic that has transferred to my life as an educator of
children…[Tim’s] church family, immediate family, and a host of
other family and friends are pleading for Timothy to receive a
reprieve on his sentence. Executing Timothy would be another loss
to this family, which has already lost a grandson and nephew. To
bear the loss of another family member would only cause more pain.
His life still has value. Please hear my plea for my brother,
Timothy Wayne Adams.” Chadrick Adams, Brother of Tim Adams, 5th
Grade Math Teacher
“My brother was raised with a strong Christian
background. He worked hard, sometimes holding two jobs. He served
in the United States Army and was given an honorable discharge. It
hurts to see my family go through this. We have suffered so much.
But Timothy still has another son, Terell. We are asking that his
sentence be commuted to life. We love Tim dearly." Stacey Adams,
Sister of Tim Adams
"Timothy has always been supportive and, during
the time we lived together after he returned from his tour of duty
in the military, Timothy did everything he could to work toward
building a life that included both me and our son, Terell. ...
Terell loves his father to this day and, despite Timothy's
incarceration and the awful acts he engaged in that led to his
incarceration, Terell wants Timothy to remain in his life and be
available to counsel and visit with Terell. It is my opinion that
the jury should have been able to hear this directly from Terrell
because I know these feelings of Terrell to be genuine and deep."
Cynthia Brown, mother of Tim Adams's oldest child
"Since the trial, I have learned new
information that would have made me fight for Adams’s life…It
would have been nice to hear from Adams’s family members and
friends, because it would have shown many of the jurors that he
was not a monster, that he was a good human being, who had done
something horribly wrong but completely out of character…I do not
believe that Timothy Adams deserves to die for his crime." Juror
Duong
“Through these past nine years, Timothy has
openly taken total responsibility…Since we love the Lord and trust
in his word, we have been grieving through this whole process, but
thanks be to God, we do not approach this as one who has no hope…[We]
have hope for [Timothy’s] extension of life…I am appealing to your
inner hearts of love with compassion for all human life.” Reverend
Kenneth Parker, Uncle of Tim Adams
“My Aunt Wilma and Uncle Columbus, cousins
Stacey and Chad, and Tim’s son Terell, have dealt with the great
loss of a grandson, nephew and brother, and losing Timothy would
only cause them more heartache and pain….I am asking and pleading
that the life of my dear cousin Timothy be spared.” Johniecia
Fontenette, Cousin of Tim Adams
“I have known Timothy for over twenty years. I
work closely with his father at New Pleasant Grove Baptist Church.
Timothy was a working member of the church and served there for
many years. He was a part of the Sunday School and BTV. He is
still a member of the church. He’s always been charitable to
others. Please take this in consideration of your judgment on
behalf of Timothy.” Melvin Francis, Chairman of the Deacon Board,
New Pleasant Grove Baptist Church
“I am asking that the Board of Pardons and
Paroles consider the commutation of Timothy Wayne Adams’s death
sentence to a life sentence. He was a faithful and studious young
man in our church Sunday school department. He came from a
Christian home with caring and supportive parents.” Reverend
Kenneth R. Walker, Sr.
“I saw Timothy grow up here at our church from
youth to adulthood. I was his Sunday school teacher. He was always
eager to participate in class discussions. He was polite, very
respectful, spoke in a kind, soft voice. ... Timothy made a
mistake, but God still forgives us for mistakes. I support the
commutation of Timothy Wayne Adams’s death sentence to a life
sentence.” Verlene Edmond, Sunday School Teacher, New Pleasant
Grove Baptist Church.
By Michael Graczyk - The
Associated Press
Mar 9, 2010
Dallas - A federal court on Tuesday
rejected the appeal of a Houston man sent to death row for the
shooting death of his 19-month-old son.
The rejection from the 5th U.S. Circuit Court
of Appeals moved Timothy Wayne Adams a step closer to execution
for the February 2002 slaying of his namesake son, Timothy Wayne
Adams Jr.
In a brief order, the New Orleans-based court
said Adams failed to show his constitutional rights were violated
at his trial seven years ago in Houston.
Adams' appeals attorney did not immediately
return a call from The Associated Press seeking comment.
In appeals rejected by lower
courts, Adams, 41, contended his trial lawyers had been deficient.
He pleaded guilty to the slaying and a Harris County jury then
heard punishment testimony where his appeal said Adams unfairly
was labeled a baby killer. Jurors deliberated more than two days
before returning with the death sentence.
Prosecutors said Adams killed his son to cause
suffering for his wife, who was trying to leave him. Defense
attorneys argued the events were an aberration in an otherwise law-abiding
life and that Adams had intended to kill himself before friends
and police talked him out of it.
The shooting had escalated to a police standoff
at the family's apartment in southwest Houston.
Evidence showed Adams held his child at arm's
length and shot him once with a pistol, then shot him again as the
boy lay on the floor.
He does not have an execution date.
Background: Defendant was convicted in the
trial court, Harris County, of capital murder and sentenced to
death. He appealed.
Holdings: The Court of Criminal Appeals,
Cochran, J., held that: (1) jury's affirmative answer to future
dangerousness special issue was supported by evidence that
defendant deliberately shot and killed his own baby in order to
get back at his estranged wife; (2) future dangerousness special
issue was not subject to factual sufficiency review; (3) appellate
court would not review sufficiency of evidence to support
mitigation special issue; (4) police officer's conversation with
defendant directly after murder did not violate defendant's Fifth
Amendment right to counsel, since defendant reinitiated the
interview after requesting attorney; and (5) defendant's Sixth
Amendment right to counsel had not attached when he spoke with
police officer directly after murder. Affirmed.
COCHRAN, J., delivered the opinion of the
unanimous Court.
Appellant pleaded guilty to and was convicted
of capital murder for twice shooting his eighteen-month-old son,
Tim, in the chest during a stand-off with police officers. Tex.
Penal Code Ann. § 19.03(a). Pursuant to the jury's answers to the
special issues set forth in Texas Code of Criminal Procedure
Article 37.071, sections 2(b) and 2(e), the trial judge sentenced
appellant to death. Art. 37.071 § 2(g).FN1 Direct appeal to this
Court is automatic. Art. 37.071 § 2(h). Appellant raises six
points of error, four of which deal with the sufficiency of
evidence to support the jury's findings on the punishment special
issues, and two of which deal with the admission of his tape-recorded
custodial confession. We affirm.
A. Legal and Factual Sufficiency of the
Evidence.
In his first point of error, appellant claims
the evidence is legally insufficient to support the jury's
affirmative answer to the future dangerousness special issue.
Reviewing the legal sufficiency of the evidence in the light most
favorable to the verdict, we must determine whether any rational
trier of fact could have found, beyond a reasonable doubt, that
there is a probability that appellant would commit criminal acts
of violence constituting a continuing threat to society. Manns v.
State, 122 S.W.3d 171, 193 (Tex.Crim.App.2003). The circumstances
of the offense alone, if sufficiently calculated, wanton and
callous, or morally depraved, may be sufficient to sustain the
jury's affirmative answer to the future dangerousness issue.
Martinez v. State, 924 S.W.2d 693, 696-98 (Tex.Crim.App.1996).
The State's evidence at the guilt stage of the
trial showed that appellant and Emma Adams were married in March
of 2000. In July, appellant and Emma had a son, Tim. On Friday,
February 15, 2002, when Emma discovered that appellant was keeping
a gun in their apartment, she decided to move out. That morning
Emma took Tim and her fifteen-year-old son from a previous
relationship, Andrew, and moved in with her friend, Karen Farr.
Accompanied by a police officer, Emma retrieved some of her things
from the apartment on Saturday while appellant was not there. Emma
spoke with appellant on the phone on Sunday and informed him that
she was moving out. Appellant agreed that Emma could return to the
apartment on Tuesday to get more of her belongings, and he agreed
that he would not be there. After removing some of her property on
Tuesday, Emma told appellant that she needed to return another
time for more belongings. Appellant agreed that she could return
the following day, and he told her that he would not be there.
Emma made arrangements to meet Andrew at the
apartment on Wednesday, February 20, after school. Andrew arrived
at the apartment before Emma and Tim. Appellant, who was already
in the apartment, came up behind Andrew with a gun in his hand.
Appellant pointed the gun at Andrew and said, “I should shoot you
now.” Appellant ordered Andrew to sit on the floor, and accused
Andrew of stealing videotapes from him. Appellant then angrily
asked Andrew why Emma was “doing this” to him. Appellant told
Andrew that Emma was “going to pay.” As they waited for Emma to
arrive, appellant wrote her a note and read it aloud to Andrew.
The first page of the note states: FN2
FN2. Appellant testified at punishment that he
wrote the first page of the note while he and Andrew were waiting
for Emma, and he wrote the second page after he killed Tim. There
are blood smears on the second page of the note and the writing is
less uniform than it appears on the first page.
Look what you and your selfish pride did. You
thought I was playing. Now you see I whaten [sic]. Don't ever tell
me what I can't do with my own child. You wish you had let me
spend time alone with my child now. You wish you had been calling
our son Tim Jr. now. You wish you had not called me those names
now. You wished you had washed my clothes and fixed me something
to eat now. Page two of the note states: You will never forget
this will you Bitch! You wish you had just been a wife now don't
you. You should of never tried to take my son away from me. I told
you Bitch! I hate you to[o]! You should of loved your husband
Bitch
Appellant watched out the window for Emma. When
he saw her coming he hid behind the front door and opened it for
her. When Emma came in, carrying the year-and-a-half-old Tim, she
saw Andrew sitting on the floor and then saw appellant with a gun
in his hand. She put Tim down on the floor and asked appellant
what was going on. Appellant picked up Tim. He told Emma that
Andrew had confessed to stealing from him, and he yelled at Andrew
to tell Emma the truth. Emma asked appellant why he was doing this,
but he continued yelling and pointing the gun. She picked up the
phone and called 911. Appellant yelled at Emma to put the phone
down, but she continued to talk with the 911 operator. Appellant
pointed his gun at her. Andrew attempted to jump between Emma and
the gun. As appellant fired a shot, Emma dropped the phone, and
she and Andrew ran for the door. The bullet went through Emma's
shirt and grazed her back. The gun jammed. Appellant attempted to
un-jam it as Emma and Andrew ran from the apartment. Andrew
returned a couple of minutes later and pounded on the door. He
begged appellant to hand over Tim, but appellant did not answer
the door.
In the meantime, police officers, including a
S.W.A.T (special weapons and tactics) team, were dispatched to the
apartment complex. Appellant could be seen looking out of the
apartment window, holding Tim on one arm and a gun in the other
hand. One witness standing outside of appellant's apartment saw
appellant hit Tim on the head with the butt of the gun. Appellant
had numerous phone conversations with friends, relatives, co-workers,
and police officers while in the apartment. Appellant told one
police officer with whom he spoke that he wasn't giving himself up
and that if anyone tried to enter the apartment, he would kill
himself. He told this officer that he had already shot himself in
the stomach. Appellant told another officer on the phone that he
hated his wife, that she mistreated him, and that she threatened
to take his son away. He told this officer that he was considering
suicide. Appellant told another officer during a phone
conversation that he would shoot anyone who came in the door.
Emma's friend, Karen Farr, called appellant
when she saw the coverage of the hostage stand-off on television.
Appellant told her “he was going to make Emma hurt the rest of her
days on the earth like she made him suffer.” He also told Ms. Farr
that he had shot Tim twice in the chest and shot himself in the
stomach.
Houston Police Officer Gordon Michael Garrett,
a volunteer member of the hostage negotiation team, was at the
apartment complex talking to appellant's employer, Diana Garcia,
when she received a call on her cell phone from appellant at
around 7:25 p.m. Ms. Garcia handed the phone to Officer Garrett.
Appellant told the officer that he had killed Tim an hour earlier.
Officer Garrett talked appellant through a surrender plan, and
twenty minutes later appellant surrendered.
Tim was found dead on the floor inside the
apartment. He died from two bullet wounds to his chest. The
medical examiner testified that the muzzle of the gun had been
placed loosely against the surface of the skin, either close to or
touching the victim's body, when fired. Both bullets passed
through the child's body and exited out his lower back.
At the punishment stage of trial, Sergeant
James Lee Ramsey testified that appellant gave him a tape-recorded
statement after his surrender. The tape was admitted into evidence
and played for the jury. Sgt. Ramsey allowed appellant to give a
narrative of his version of what had happened. Appellant
immediately began by complaining that Emma had “mentally abused”
him, citing examples of this perceived mental abuse and
mistreatment. He claimed that when he told Emma that Andrew was
stealing from him, she called him a liar even though she knew he
was telling the truth. He stated that Emma would not allow him to
do “simple things” with Tim. Appellant described an incident in
which he was given a chair for Tim from a woman at work. Appellant
said Emma put toys in the chair so that Tim could not sit in it
“just basically to be mean so he couldn't have the gift that I
gave him.” Appellant stated that Emma was “mean and evil.” He
stated that “whatever I try to give my son, do for him and be
there for him, she would not let him have it.” Appellant claimed
that Emma would untruthfully tell others that he would not give
her money for things such as diapers and food. He claimed “that
was just her mean, evil way of being mean to me.” Appellant stated
that he remained at work for hours after the time he was scheduled
to get off because he did not want to go home and face the
terrible treatment from Emma. He claimed the worst thing Emma did
was to tell him that he could not be with Tim, that she “was gonna
use the child to hurt [him].”
After allowing appellant to speak at length
about the abuse he suffered from Emma, Sgt. Ramsey asked appellant
to tell him what had happened that afternoon. Appellant stated
that he went home from work early that day so he could “catch ‘em
at home.” He stated that he made Andrew confess to Emma that he
had been stealing from appellant. He stated that when Emma picked
up the phone and called the police like “she done many times,” he
“snapped” and shot at her. When Sgt. Ramsey asked him why he shot
Tim, appellant explained: My wife was hurtin[g] me, she was
keeping him away from me. I was gonna take him out and me too.
Cause I didn't want him, gonna raise him to teach him don't love
your Daddy, he was this and he was that. She was gonna do that. My
parents couldn't even see my son, my Mother, my Daddy. She know
what she done, she gonna sit up there and change it all around.
She knows what she did.
Appellant stated that he shot Tim twice in the
chest as he was holding him. Sgt. Ramsey then asked appellant if
there was anything else he would like to say. Appellant stated, “I
could go on forever” and then continued to talk some more about
Emma's “abusive behavior.” He stated that Emma would not open his
card on Mother's Day, and made up an excuse not to go out with him
on Mother's Day. She also did not buy him a birthday present and
would not sing happy birthday to him. He complained that he rode
the bus to work while Emma drove her Trooper. He cited these as
examples of Emma's “just mentally abusing me in just all kind of
ways.” Sgt. Ramsey then stated to appellant, “Okay let me, let me
get this straight. You, you shot your son because [Emma] wouldn't
let you have your son. So you were just gonna take your son away
from her, too, since you couldn't have him. Is that what you're
trying to tell us?” Appellant responded, “My wife got in my head.
I was gonna take me and my son out.”
Emma testified at punishment that appellant was
very suspicious and jealous and accused her of seeing other men.
He told her he had followed her to see if she was meeting anyone.
He once told her that he was hoping to catch her with another man
so he could kill them “right then and there.” On the evening of
Valentine's Day 2001, appellant listened in on a phone
conversation between Emma and a male co-worker. After the phone
call, appellant screamed at Emma and beat her on her head with his
fists. Emma also stated that at times appellant told her that if
she ever left him, she would never see Tim again, and that “no man
would ever raise his child and she wouldn't raise him either.”
Emma said there was no food in the house, and appellant would not
give her money for food and would get angry if she asked him for
money.
Karen Farr testified at punishment that in the
months before the offense, she talked often with both Emma and
appellant, separately, about their marital problems. Appellant
told her about two movies he had watched in which the plot was
that a man murdered his wife and did not get caught. Ms. Farr
stated that Emma and the children often came to her house to eat
because Emma said there was no food at her house.
Appellant called numerous witnesses at
punishment who testified that they knew appellant from work, that
he was an excellent employee, a proud father, and a nice and
caring person, that they were shocked to hear of the charges
against him and they did not believe appellant would be a future
danger. The mother of appellant's fifteen-year-old son testified
that she had known appellant for nineteen years, that she had
lived with appellant for about a year after he returned from the
service, that she was very surprised about the charges, and that
she had never had any disagreements with appellant over their son.
Other punishment witnesses who testified for appellant included
jail personnel, fellow inmates, a criminal justice professor,
appellant's mother, and a forensic psychiatrist. Appellant also
testified on his own behalf.
Appellant testified that he purchased a handgun
about month before the offense. He also put a rifle in “lay-away.”
He stated that he planned to use both weapons for hunting in the
fall. Describing the events surrounding the offense, appellant
stated that when Emma came home and he began yelling about what
Andrew had stolen, Emma “did what she always did, she picked up
the telephone to call the police.” He explained that “Emma would
always provoke me and try to get me into-you know, angry and into
a rage then she would call the cops, so when she did that, to me
she was doing it again, and I closed my eyes. I didn't want to
shoot but I did want to shoot.” Appellant stated that after he
shot at Emma, he wanted to fire again but the gun jammed. By the
time he managed to get it un-jammed, Emma had run from the
apartment and down the stairs. After Emma and Andrew fled the
apartment and the police began to arrive outside, appellant
decided to kill himself and Tim because otherwise he would go to
prison and “Emma would be successful in separating me from him and
not letting me love him and him love me.” He further explained,
“She was not going to get a chance to hurt me or my son anymore,
she wasn't going to keep us apart, she wasn't going to teach him
not to love me, and me, I couldn't love him.” On cross-examination
appellant admitted that his gun was fully loaded with eleven
bullets on the day of the offense. Appellant also admitted that he
took the gun to work with him on the day before and the day of the
offense so that Emma would not remove it from the apartment.
Appellant agreed that his parents knew that his marriage was
volatile and begged him not to keep the gun at the apartment.
Appellant denied purchasing the gun for the purpose of shooting
Emma. He insisted that he bought it to use for deer hunting, even
though he acknowledged that deer season was eight or nine months
away at the time of the purchase. Appellant admitted that he shot
Tim a second time when he did not die after the first shot. He
also agreed that after shooting Tim, he wrote the second page of
the note to Emma.
Viewing all of the evidence in the light most
favorable to the verdict, the record supports the jury's finding
that appellant would be a future danger. The facts surrounding
appellant's deliberate, vengeful murder of his own baby, his total
lack of remorse, and the evidence of appellant's wanton and
callous disregard for his own flesh and blood, leading up to and
following the offense, support the jury's affirmative answer to
the future dangerousness issue. Point of error one is overruled.
In his second point of error, appellant claims
the evidence is factually insufficient to support the jury's
affirmative finding on the future-dangerousness special issue. In
McGinn v. State, 961 S.W.2d 161 (Tex.Crim.App.1998), the Court
held that a factualsufficiency review of the evidence on future
dangerousness is not required. Appellant asks that we overrule
McGinn and conduct such review in this case. He relies upon
concurring opinions stating that evidence of future dangerousness
should be subject to a factual-sufficiency review. Allen v. State,
108 S.W.3d 281, 287 (Tex.Crim.App.2003)(Meyers, J., concurring);
Id. (Womack, J., concurring); McGinn, 961 S.W.2d at 174 (Baird,
J., concurring). Appellant does not present any new argument that
was not considered by the majorities in McGinn or Allen. We
decline to overrule McGinn. Point of error two is overruled.
In his third and fourth points of error,
appellant claims the evidence is legally and factually
insufficient to support the jury's negative answer on the
mitigation issue. We do not review sufficiency of the evidence to
support the mitigation issue. Valle v. State, 109 S.W.3d 500, 503
(Tex.Crim.App.2003); McGinn, 961 S.W.2d at 166. Points of error
three and four are overruled.
B. Admissibility of Appellant's Custodial
Confession.
In points of error five and six, appellant
claims his confession was admitted in violation of his right to
remain silent and right to counsel under the Fifth, Sixth, and
Fourteenth Amendments to the United States Constitution. Appellant
filed a pretrial motion seeking to suppress the tape-recorded
statement he made to Sgt. Ramsey.FN3 The trial court held a
hearing on the motion. Sgt. Ramsey testified at the hearing that
appellant was handcuffed and sitting in the back of a patrol car
FN3. Appellant's motion sought to suppress
other statements made by appellant and his point of error refers
generally to the improper admission of his confession and “other
evidence.” However, because appellant complains solely about the
tape-recorded statement in his argument on appeal, that is the
only evidence we address.
when he arrived at the scene around 8 p.m. Sgt.
Ramsey received information from police officers at the scene that
appellant had shot at his wife, that appellant had been barricaded
in his apartment with a hostage, and that an infant found in the
apartment had been transported from the scene and pronounced dead.
When appellant agreed to talk to Sgt. Ramsey, his handcuffs were
removed and he was escorted to the sergeant's vehicle. Appellant
sat in the front passenger seat and Sgt. Ramsey, who was unarmed,
sat in the driver's seat. Sgt. Ramsey testified that appellant
angrily and spontaneously began to tell him what had happened. Sgt.
Ramsey told appellant that if he wanted to continue talking to him,
he would need to give appellant his rights and record his
statement. Sgt. Ramsey testified that he then turned on the tape
recorder. The tape was admitted for purposes of the hearing and
played. A transcript of the tape recording appears in the record.
The tape begins with Sgt. Ramsey informing appellant of his rights.
Appellant stated after each one that he understood it. The
following then transpired:
Ramsey: Okay, you understand all those rights?
You still want to go ahead and make this statement? Tell me about
what happened here tonight. Adams: Ah, I would like to say
something off the record. Ramsey: Well the tape's running so let's,
let's keep it all on the record okay. Adams: Well[.] Ramsey: Cause
I want it to be your, your side of the story and I don't want
anything to be off the record. I want it to be in your voice.
Adams: What I don't understand is why it's not in my favor to have
an attorney here. I know what you sayin[g] that me and you
probably never ever talk. How me not, me telling my attorney the
same thing I'm telling you is not gonna never end up in court.
Ramsey: Okay you do have the right to an
attorney and if you want an attorney you can certainly have one.
What I, what I told you is that I am here with you right now and
if you wanted to talk to me now is the time to do it. If not then
I'll just, I'll just send you downtown in a, in a uniform car. But
you certainly have that right to an attorney or you have the right
to waive an attorney and go ahead and tell me your side of the
story as to what, what transpired here tonight. Now you were
already telling me before I stopped you about some of the things
that, that led up to what happened tonight. And I, I stopped you,
didn't I? Adams: Yes, sir.
Ramsey: And I asked you to let me read you your
Miranda warning. So we can continue from that point or you can
back up and ah and just start all over and tell me what happened
here tonight. Or we can turn this tape off right now. It's up to
you, it really is. Adams: Lordy, Lordy, Lordy, Lordy. Ramsey: You
need a tissue? Adams: Nah. Ramsey: Okay. Adams: Don't feel
comfortable (inaudible). Ramsey: That's, that's your right, that's
your right. Adams: I don't have a chance anyway if I did wrong.
Ramsey: Well I just want to give you an opp ... opportunity to
tell your side of the story here and if you want to wait for an
attorney that's certainly your prerogative. But I stopped you
because you were talking and I wanted to give you your Miranda
right[s]. So if you want to wait and talk to an attorney that's
fine. If you don't want to tell me your side of the story right
now that's fine. Adams: Well let's get an attorney. Ramsey: Okay
that's fine, we'll stop the tape now. The time is ah 2050 hours.
The tape was then turned off. When it was turned back on, the
following exchange took place: Ramsey: ... The time is now 2052
hours and ah ... Tim when I had the tape off ah what did you tell
me in regards to your statement? Adams: I thought I should have an
attorney. Ramsey: And then what did you say after I turned the
tape off? Did you tell me to turn it back on again? Adams: Yes I
asked you to turn it back on again. Ramsey: Okay. Adams: Yes I did.
Sgt. Ramsey again informed appellant of his rights, and appellant
again stated that he understood each one. The following exchange
then occurred: Ramsey: Now when I had the tape off you told me
that you decided to tell your side of the story. Now do you
understand those rights? And at this time wish to waive them and
tell your side of the story? Adams: Yes I do. Ramsey: Okay it's
all yours. Go ahead and tell me any, anything you want to tell me
regarding tonight.
The tape was played in its entirety during the
hearing. Sgt. Ramsey testified that during the couple of minutes
that the tape was turned off, appellant re-initiated the
discussion, wanting to know why he could not tell his side of the
story. The sergeant told appellant that it was fine if he wanted
to talk to an attorney, but that his chance to tell his story to
him was right then. During cross-examination, Sgt. Ramsey denied
that he told appellant that he would be better off without an
attorney or that it was not in his favor to have an attorney
present. He stated that if appellant believed he had told him
those things, then appellant had misunderstood him. Sgt. Ramsey
stated that during the time that the tape was turned off,
appellant continued to talk about himself and Emma.
Appellant also testified at the hearing. He
claimed that Sgt. Ramsey told him before the tape recorder was
turned on the first time, and again in the couple of minutes that
the recorder was turned off, that it was not in appellant's favor
to have an attorney and that appellant would not get his story
told unless he told it to Sgt. Ramsey. Appellant could not
remember whether he or Sgt. Ramsey re-initiated the conversation
after the recorder was turned off. He testified that he asked the
sergeant to turn the tape recorder back on because Sgt. Ramsey was
making it look like it was not in appellant's favor to have an
attorney. He claimed that Sgt. Ramsey also told him that Tim was
still alive and on his way to a hospital. On cross-examination
appellant stated that during the two minutes the recorder was
turned off, he continued to talk about himself and Emma, in the
same manner and to the same extent that he did while the tape was
on.
The trial court overruled appellant's motion to
suppress and made express findings. The court found that appellant
was fully informed of his rights, that he understood and waived
his rights, and that his taped statement was voluntarily and
knowingly made, without threats, promises, or coercion. The court
also specifically found appellant asserted his right to an
attorney, after which there was a two-minute gap while the
recorder was turned off. The court further found that appellant
then re-initiated the conversation with Sgt. Ramsey. The court
found Sgt. Ramsey's testimony credible, specifically on the
question of what he told appellant while the recorder was turned
off.
In point of error five, appellant argues that
his Fifth Amendment right to counsel was invoked when he told Sgt.
Ramsey that he wanted an attorney. He further argues that the
officer, not he, re-initiated the conversation.
The Fifth Amendment right to counsel is invoked
when a person indicates a clear and unambiguous desire to speak to
an attorney or have an attorney present during questioning. Cross
v. State, --- S.W.3d ----, ---- 2004 Tex.Crim.App. LEXIS 1473 (Tex.Crim.App.2004);
Dinkins v. State, 894 S.W.2d 330, 351 (Tex.Crim.App.1995). Once a
suspect invokes his right to counsel, interrogation by the police
must cease until counsel is provided or until the suspect
initiates further communication with the police. Cross, ---S.W.3d
at ----, 2004 Tex.Crim.App. LEXIS at * 7-8 (quoting Edwards v.
Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378
(1981)).
At a suppression hearing, the trial judge is
the exclusive trier of fact and judge of the credibility of the
witnesses and the weight to be given their testimony. Herron v.
State, 86 S.W.3d 621, 628 (Tex.Crim.App.2002). The reviewing court
gives almost total deference to the trial court's determination of
historical facts as long as they are supported by the record. We
also defer to the trial court's application of law to fact when
the analysis turns upon an evaluation of credibility and demeanor.
Id.
Appellant initially asserted his Fifth
Amendment right to an attorney and Sgt. Ramsey can be heard on the
tape ending the interview and turning the recorder off. Sgt.
Ramsey testified at the hearing that appellant re-initiated the
conversation after the recorder was turned off. Appellant
testified that he could not remember who re-initiated the
conversation, but that it was possible that he had. When the tape
recorder was turned back on, appellant is heard on the tape
agreeing with Sgt. Ramsey that he-appellant-had asked that the
tape be turned back on because he wanted to tell his side of the
story. This tape-recorded colloquy suffices to support the trial
court's finding that appellant re-initiated the interview. See
Oregon v. Bradshaw, 462 U.S. 1039, 1045-46, 103 S.Ct. 2830, 77
L.Ed.2d 405 (1983) (plurality op.) (defendant's statement, “What
is going to happen to me now?” could be understood as a re-initiation
of communications with police). Appellant was informed of his
Miranda rights a second time, and he expressly waived them.
Evidence in the record supports the trial court's ruling that
there was no violation of appellant's Fifth Amendment rights under
Edwards or Bradshaw. Id.
In his sixth point of error, appellant claims
that his Sixth Amendment right to counsel had attached because
appellant was in custody and Sgt. Ramsey's focus had shifted from
investigatory to accusatory. A defendant's Sixth Amendment right
to counsel attaches with the commencement of adversarial judicial
proceedings against him, and continues through every subsequent
“critical stage.” Thompson v. State, 93 S.W.3d 16, 23 (Tex.Crim.App.2003);
McFarland v. State, 928 S.W.2d 482, 507 (Tex.Crim.App.1996).
Arrest, by itself, does not constitute an adversary proceeding.
Anderson v. State, 932 S.W.2d 502, 506 (Tex.Crim.App.1996); Green
v. State, 872 S.W.2d 717, 720 (Tex.Crim.App.1994). Examples of
adversary proceedings giving rise to a Sixth Amendment right to
counsel include the filing of an indictment, an information, or a
complaint, or arraignment of the accused. McFarland, 928 S.W.2d at
507.
At the time of Sgt. Ramsey's interrogation of
appellant, no formal proceedings had been initiated against him.
Appellant suggests that when the investigation shifts from
investigatory to accusatory, the Sixth Amendment is implicated,
citing Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d
977 (1964). While there is language in Escobedo distinguishing
between investigation and accusation, the Supreme Court's
conclusion there that the Sixth Amendment was triggered was based
in part upon the facts that the suspect had repeatedly requested
and been denied an opportunity to consult with counsel, and had
not been effectively warned of his absolute right to remain silent.
Escobedo, 378 U.S. at 490-91. Moreover, the Supreme Court has
cautioned that “ Escobedo is not to be broadly extended beyond the
facts in that particular case.” Michigan v. Tucker, 417 U.S. 433,
438, 94 S.Ct. 2357, 41 L.Ed.2d 182 (1974); see also Kirby v.
Illinois, 406 U.S. 682, 689, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972);
Johnson v. New Jersey, 384 U.S. 719, 733-34, 86 S.Ct. 1772, 16
L.Ed.2d 882 (1966). The facts in this case are not like those
presented in Escobedo. The record supports the trial court's
ruling that appellant's Sixth Amendment rights were not violated.
Points of error five and six are overruled.