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Juan Rodriguez
CHAVEZ
Thursday, April 17, 2003
Juan Rodriguez Chavez Scheduled to be Executed.
AUSTIN - Texas Attorney General Greg Abbott offers
the following information on Juan Rodriguez Chavez, who is scheduled to
be executed after 6 p.m. on Tuesday, April 22, 2003.
On March 27, 1996, Juan Rodriguez Chavez was
sentenced to death for the capital murder of Jose Morales, which
occurred in Dallas County, Texas, on July 2, 1995. A summary of the
evidence presented at trial follows.
FACTS OF THE CRIME
On July 1, 1995, Juan Rodriguez Chavez and Hector
Fernandez stole a car from a Greyhound maintenance facility in Dallas,
Texas. In the early morning hours of July 2, they drove the car to a
Dallas County apartment complex.
Jose Morales and Yadira Ramirez were
standing outside the apartment building near public telephones. Chavez
exited the stolen car and walked toward the telephones, as if he were
going to make a call. Instead, Chavez drew a revolver and shot Morales.
After Morales fell to the ground, Chavez took Morales' wallet from his
back pocket and shot him again. Morales died of a gunshot wound to the
back.
Chavez and Fernandez then drove the stolen car to a
construction site where Chavez killed security guard Susan Ferguson by
shooting her in the face and then running over her body with the stolen
car.
Forty minutes later, Chavez shot another security guard, Kevin
Hancock, in a West Oak Cliff apartment complex, leaving Hancock
permanently paralyzed.
Ten minutes after the attack on Hancock, Chavez
and Fernandez went to East Oak Cliff where they robbed three men
standing by the roadside. Chavez shot and killed Jesus Briseno, while
Fernandez, using a 9 mm pistol stolen from Hancock, shot and wounded
Francisco Jaimes and Alberto Guevara.
About an hour later, Chavez and Fernandez drove back
to West Oak Cliff where they found Alfonso Contreras and Guadalupe
Delgadillo-Pena sitting inside a pickup truck in front of another
apartment complex.
Chavez approached the truck and fired his gun inside
it, killing Contreras and wounding Delgadillo-Pena. Chavez then stole
the truck with both victims still inside. Fernandez followed him in the
initial stolen vehicle.
Shortly thereafter, Chavez pushed Contreras from
the truck and ran over him. Chavez and Fernandez then drove the stolen
vehicles to the Trinity River bottom where Fernandez shot
Delgadillo-Pena in the head upon Chavez's instruction.
Chavez
subsequently ran over her body with the stolen car. At approximately
4:00 a.m., Chavez drove the stolen pickup truck to an exit off of
Interstate 20 and burned it.
PROCEDURAL HISTORY
Chavez was indicted in the 265th District Court of
Dallas County, Texas, for the capital offense of murdering Jose Morales
in the course of committing or attempting to commit robbery. Chavez
pleaded not guilty and was tried before a jury.
In March 1996, the jury
found Chavez guilty of capital murder. On March 27, 1996, following a
separate punishment hearing, and based on the jury's answers to the
special issues presented during that hearing, the trial court assessed
Chavez's punishment at death by lethal injection.
Chavez's conviction and sentence were automatically
appealed to the Texas Court of Criminal Appeals, which affirmed the
conviction and death sentence in an unpublished opinion on April 7,
1999. Chavez did not seek certiorari review in the United States Supreme
Court.
On Dec. 11, 1998, Chavez filed an application for
writ of habeas corpus in state court. After the state habeas court
entered detailed findings of fact and conclusions of law recommending
that habeas relief be denied, the Court of Criminal Appeals denied the
application in an unpublished order on Sept. 13, 2000.
Chavez then filed a petition for writ of habeas
corpus on Sept. 11, 2001 in the United States District Court for the
Northern District of Texas, Dallas Division. The district court denied
habeas relief on Dec. 13, 2001, and denied a certificate of
appealability ("COA") on Jan. 16, 2002.
Thereafter, the United States
Court of Appeals for the Fifth Circuit also denied Chavez a COA in a
published opinion delivered on Oct. 29, 2002. Chavez then filed a
petition for writ of certiorari in the United States Supreme Court. The
Court denied certiorari on March 10, 2003.
PRIOR CRIMINAL HISTORY
Chavez committed the current offense during a brutal
three month crime spree in which he committed a total eight armed
robberies and nine murders. Chavez committed five of these murders
during the 24 hours surrounding the current offense.
During the punishment hearing, the State's evidence
indicated that Chavez had previously been convicted and sentenced to 15
years in prison for murdering Vincente Mendoza in Dallas County on Dec.
28, 1985. Chavez served seven of the 15 years before receiving parole in
1994.
The record also showed several unadjudicated criminal
offenses in which Chavez was involved, including an incident on March
22, 1995, in which Chavez shot and killed Jose Castillo and stole
Castillo's car keys; an incident on May 20, 1995, in which Chavez shot
and killed Juan Pablo Hernandez and stole Hernandez's car; and an
incident on July 4, 1995, in which Chavez shot and killed three men -
Antonio Banda, Michael Duran and Antonio Rios - after two of the men
obstructed the entrance to a tire shop from which Chavez, Fernandez, and
a third cohort planned to steal a car.
Chavez also had been cited more than 40 times for
violating prison regulations.