April 2010 Executions

Three killers were executed in April 2010. They had murdered at least 3 people.
Three killers were given a stay in April 2010. They have murdered at least 3 people.

Date of scheduled execution State Victim name Inmate name Status
April 8, 2010 Oklahoma John David Cederlund, 28 Richard Smith stayed
On July 21, 1986, Pamela Rutledge, Rita Jo Cagle, and Richard Tandy Smith were riding together in a two-door Ford Thunderbird in southwest Oklahoma City. They stopped at two houses to acquire drugs. While they were at the second house, John Cederlund arrived. He left along with Smith, Rutledge, and Cagle sometime after midnight. The four proceeded west on Southwest 29th Street until the road turned to gravel and they had crossed a quarter of a mile into Canadian County. Smith, who was driving, pulled into the driveway of an abandoned farm house. The State presented evidence that Smith got out of the car and opened the trunk. He called Rutledge, who went to the back of the car. He informed her that he was going to rob Cederlund. When Rutledge told Smith that Cederlund was known to be rough sometimes, Smith responded, "I’ll kill the f___ing punk." Smith went back to the driver’s door and picked up a sawed-off 12 gauge shotgun from the floorboard. He pointed the gun at Cederlund and demanded drugs and money from him. Cederlund gave Smith some drugs, but said he had no money. Smith then ordered Cederlund out of the car. Cederlund got out through the passenger side and stood by the door as Smith walked around the back of the vehicle. Smith again demanded money. Cederlund said he had no money and Smith might as well kill him. Cederlund pushed the gun away. Then Smith pushed Cederlund and fired the gun. The blast hit Cederlund in the chest, made a single entry wound less than an inch in diameter, and destroyed Cederlund’s heart. Cederlund died as a result of that wound. Smith was arrested on July 22, 1986, while driving the Thunderbird. A search of the car produced twelve live Federal 12 gauge number eight load shotgun shells. Another live shell was found during a subsequent search of Smith’s apartment. A firearms expert testified that the pellets and shot cup recovered from Cederlund’s body had come from the same brand, gauge, and load. Blood consistent with Cederlund’s was discovered on the end of the passenger door. An expert in blood spatter analysis testified that the car door had to be open for the blood to have gotten there. He further concluded that the person the blood came from had been shot and had been one to two feet away from the car door, producing "high velocity" blood spatters. Smith’s pre-trial statement was introduced. Initially, he denied having been with Rutledge and Cagle after going to the second house. When detectives told him that witnesses had seen him, he admitted that he had driven to the deserted farm house, but claimed that he remained in the car. Rutledge, Cagle, and Cederlund got out of the car and walked some fifty feet up the driveway. Smith claimed that Rutledge returned to the car, retrieved the shotgun from the trunk, went back to Cederlund and shot him. UPDATE: The execution has been stayed until May 4.
Date of scheduled execution State Victim name Inmate name Status
April 12, 2010 Arkansas Jane Daniel Don Davis stayed
Jane Daniel was found dead in her home from a shot to the back of her head. Several items of jewelry and other property were missing from the home. Investigators later discovered that Don William Davis had pawned some of Daniel’s property and had hidden the murder weapon in his bedroom. Davis was charged in an information with capital murder, burglary, and theft of property in November 1990. The state alleged that he had killed Daniel during the commission of a robbery or alternatively that he had killed her with premeditated and deliberate purpose. UPDATE: A death penalty opponent is accused of trying to smuggle contraband into a maximum-security prison. Betsey Wright was visiting Don Davis, who is to be executed a month before Wright’s trial in May. For seven years Wright was chief of staff for Bill Clinton when he was Arkansas governor. Prosecutors say Wright was caught with a pocketknife, boxcutter and a potato chip bag filled with tattoo needles while trying to visit Davis last May. Wright pleaded not guilty. She said the bag of chips came from a prison vending machine.
Date of scheduled execution State Victim name Inmate name Status
April 20, 2010 Ohio Angel Vincent, 16 Daryl Durr executed
Angel Vincent, murder victimOn January 31, 1988, at approximately 10:50 p.m., Norma Jean O’Nan and her husband returned to their home in Elyria and discovered the front door unlocked, the lights and television on, and their sixteen-year-old daughter, Angel Vincent, missing. Only twenty minutes earlier, Mrs. O’Nan had spoken with her daughter by telephone to learn that Angel’s girlfriend, Deborah Mullins, was at her home and that Deborah’s boyfriend, Darryl Durr, was expected to arrive later in the evening. That was the last chance Mrs. O’Nan would have to speak to her daughter alive. Mrs. O’Nan testified that Angel was wearing a hot pink sweater, a light pink and white checkered blouse, hot pink pants, and white tennis shoes when she and her husband left Angel home alone on the evening of January 31, 1988. After notifying the Elyria Police of Angel’s disappearance, Mrs. O’Nan searched her home to determine if any of Angel’s belongings were missing. Although Angel’s pink pants were found, Mrs. O’Nan’s search revealed the following items missing: an old lavender blanket with a hole in the center, a pair of black acid-washed denim jeans, Angel’s pink and white checkered blouse, light blue eyeglasses that Angel wore only in her home, a jean jacket that Angel had borrowed from a friend, an Avon necklace with an “A” charm attached, a small chain bracelet, an Avon slip-on bracelet, an inexpensive rhinestone ring and a dog chain that hung from her mirror. Mrs. O’Nan also discovered Angel’s handbag stuffed under her bed. Three or four days later, Mrs. O’Nan confronted Deborah Mullins and Durr regarding the disappearance of her daughter, and was told by Durr that “you know how kids are, she probably ran away.” On April 30, 1988, three boys noticed a foul odor coming from two orange traffic barrels while playing in Brookside Park. The barrels and been placed open end to open end, and were underneath a railroad tie. Upon separating the barrels, the boys discovered a severely decomposed female body that had been wrapped in a dirty old blanket. A portion of a leg was visible through a large hole in the blanket. A deputy coroner testified that the only clothing found on the victim was a pink sweater and a pair of white tennis shoes. The pink sweater had been pushed up well above the victim’s breast area. An initial external examination determined the body to be that of a young white female, who was in an advanced state of decomposition. The body was heavily infested with maggots and the body’s eyes and ears had been lost. There was also prominent evidence of animal activity about the inguinal and vulval regions of the body, and in and about the thighs. According to the deputy coroner, the decomposition was consistent with three months exposure. After examining the body, the deputy coroner concluded that the cause of death was homicidal violence. Since the body was so badly decomposed, the deputy coroner could not determine whether ligature marks, scrapes or tears indicating strangulation were present. There was no damage noted to the internal cartilaginous structures of the neck. The deputy coroner declined, however, to rule out strangulation as a cause of death since damage to these structures is not always present in young strangulation victims due to the flexibility of these structures. In No. 00-3353 Durr v. Mitchell Page 3 addition, because the body was so severely infested with bacteria, testing for the presence of acid phosphates and spermatozoa was inconclusive. In September, 1988, after Durr was arrested for two unrelated rapes, Deborah Mullins revealed her knowledge of Angel’s disappearance to the Cleveland Police Department. As the result of her information, an ankle X-ray obtained from Elyria Memorial Hospital, and dental records, the body discovered in Brookside Park was determined to be that of Angel Vincent. At trial, Deborah Mullins testified that on the evening Angel disappeared Deborah had asked Durr to drive to the house of one of Angel’s friends to retrieve a package of cigarettes for Angel. Durr agreed and left. Shortly thereafter, Durr returned to Deborah’s house and, instead of entering through the front door, began throwing stones at her upstairs bedroom window and blew his car horn for her to come out. Deborah and her baby, who had been fathered by Durr, left the house and entered Durr’s car where Durr brandished a knife toward both of them. As Durr was driving, Deborah heard noises from the back seat and after turning around discovered Angel bound on the rear floorboard. According to Deborah’s testimony, Angel was wearing black acid-washed denim jeans, a jean jacket, and tennis shoes when she was last seen in the back of Durr’s car. When Deborah asked Durr why Angel was bound in his car, Durr responded that he intended to “waste” her because “she would tell.” He never revealed just what Angel was going to tell. After threatening the life of both Deborah and his baby, Durr let Deborah out of his car. He returned to her home three or four hours later. Upon returning, Durr told Deborah that he had “wasted” Angel and that she should pack her things because they were leaving. Durr drove Deborah and their baby to his wife’s, Janice Durr’s, Cleveland apartment. After dropping Deborah and the baby off, Durr left with a duffle bag containing two shovels. When Durr returned, he was wet and covered with snow. Upon entering the room, Durr placed a ring and bracelet that belonged to Angel on a coffee table. As he was falling asleep, Durr told Deborah that he had strangled Angel with a dog chain until she “pissed, pooped and shit and made a few gurgling sounds,” took her body to a park, wrapped it in a blanket, placed it between two construction cones, and left her by some railroad tracks. Later that day or the next day, Durr burned a bag of clothing in the basement of Janice Durr’s apartment building and asked Deborah to model the black acid-washed jeans that Angel had worn on the evening of her abduction. Durr then drove Deborah, Janice Durr and his children to the west side of Cleveland where he burned another bag of items, and while driving from Cleveland toward Elyria, Durr threw Angel’s jean jacket out the car window. No. 00-3353 Durr v. Mitchell Page 4 After arriving at Deborah’s home in Elyria, Deborah’s mother informed her that Mrs. O’Nan had come over and inquired about Deborah’s knowledge of Angels’s disappearance. Deborah testified that Durr threatened her and their baby’s life and instructed her to tell Mrs. O’Nan that Angel had been talking about running away. Deborah also testified that Durr took her and their baby to Edgewater Park where Durr threw Angel’s glasses over a cliff into the lake. A month or so later, while driving past the Cleveland Zoo, Durr pointed to a location and said, “Over there.” When Deborah questioned his statement, Durr replied, “You know what I am talking about.” Following a jury trial, Durr was convicted of aggravated murder; kidnapping; aggravated robbery and rape. The trial court followed the jury’s recommendation and sentenced Durr to death.
Date of scheduled execution State Victim name Inmate name Status
April 22, 2010 Pennsylvania James Sementelli, 83 Shonda Walter stayed
On Sunday, March 31, 2003, Lock Haven police discovered the dead body of James Sementelli inside his home. Mr. Sementelli, an 83 year-old veteran, had suffered a brutal attack. He sustained over 60 wounds, 18 fractures, and 45 bruises to various parts of his body, many of them to his head, face, and neck. Mr. Sementelli’s left ear was nearly severed from his head. His nasal bone and skull were fractured and his right eye punctured. He had numerous defensive wounds on his arms and hands and multiple gaping chop wounds all over his body. The killer used a hatchet. Based on a number of factors, including the last time the victim was seen alive, as well as old newspapers found on his porch and another paper found near his body, police determined that Mr. Sementelli had been murdered on Tuesday, March 25, 2003. The investigation soon focused on Shonda Dee Walter, a young woman who lived with her mother in a house across the street from Mr. Sementelli. A neighbor, Monica Rupert, told police that she saw Walter pacing outside the Sementelli residence on the evening of the 25th, talking on a cordless telephone. Walter’s mother, Judith Walter, told police that her daughter had been out of the house on that evening, only to return later and leave again, taking the telephone with her. Mrs. Walter never saw her daughter again that night, but when she awoke the next morning she noticed that the phone had been returned and Walter had left a note explaining that she was staying at her friend Michelle’s house. Shanee Gaines became the Commonwealth’s primary witness against Walter. Gaines, who lived in Williamsport, knew Walter through Michelle Mathis, a young woman who was allegedly a member of the Bloods street gang and lived on the same street as Gaines. According to Gaines, she was at Mathis’s home on the night of the murder, caring for Mathis’s child. Mathis had been involved in an altercation on the street earlier that evening and had been taken to the hospital for treatment. While Mathis was at the hospital, Walter appeared at Mathis’s Williamsport residence. Walter was driving Mr. Sementelli’s white Toyota. Gaines granted Walter entrance to Mathis’s home and noticed that Walter had blood on her forehead and was wearing rubber gloves that also had blood on them. Walter promptly went upstairs to shower while Gaines waited downstairs. At some point Mathis returned. Ultimately, the three women left the house and traveled in Mr. Sementelli’s car to his house in Lock Haven. While en route, Walter told Gaines and Mathis that she had killed the victim and described how she struck him repeatedly with the hatchet while she ignored his pleas that she call for help. When the trio arrived at Mr. Sementelli’s house, Walter used a key to enter and showed the other two women the victim’s body. According to Gaines, the purpose of the visit was to dispose of a cigarette that Walter had left at the scene and to remove the body from the house. Gaines refused to assist Walter and Mathis and quickly returned to the car. Walter and Mathis soon joined her, with Walter carrying a large plastic tub of quarters. Before leaving, Walter ran into her mother’s house to leave a note and get a change of clothes. The women then drove to a grocery store and redeemed the coins, receiving a receipt for $510.25 from a coin machine. The supermarket video camera recorded the women’s visit. The women were unable to receive cash because of the late hour. Gaines and Mathis returned to the market the following morning and redeemed the receipt. The three women split the money. During the drive back to Williamsport, Walter flung the hatchet from the car into a wooded area. Gaines’s involvement with Walter continued in the hours and days after the murder. That same night, the three women purchased some marijuana and then watched movies together at Gaines’s house. Walter had taken a trash bag full of movies from Mr. Sementelli’s house and brought them to Gaines’s residence. A few days later, Gaines accompanied Walter and others, including her good friend Aaron Jones, on a trip to Philadelphia where Walter attempted to sell Mr. Sementelli’s car. Walter told Jones and others that the car belonged to her father, who had died, and she wanted to sell it because she had “bad memories” about it. When the sale was unsuccessful, the group returned to Williamsport and Walter permitted Jones to drive the vehicle. Police stopped Jones while he was driving the car and Gaines feared that Jones, who knew nothing about Mr. Sementelli’s death, would be implicated in the crime. As a result, Gaines contacted police and told them everything she knew. Police recovered the hatchet, which a Williamsport resident found on his property days after the murder and turned over to state police. Blood on the hatchet matched that of Mr. Sementelli. A friend of Walter’s told police that a similar hatchet had been stolen from his parents’ house years earlier during a party that Walter attended. The friend’s father confirmed that the murder weapon was the one he had owned. Another Williamsport resident told police that she had seen Walter wearing a hatchet on her belt in the weeks before the murder. Walter’s mother explained that when Walter moved into her house with her young daughter in 2002, one of Walter’s possessions was a hatchet, which she placed in a kitchen drawer. When Walter was arrested, Mrs. Walter searched for the hatchet with police, but it was no longer in the drawer. Walter was charged with the murder of Mr. Sementelli and felony theft of his automobile. The Commonwealth gave notice of its intent to seek the death penalty, based on a single aggravating circumstance: murder committed while in the perpetration of a felony. Walter was bound over for trial in May 2003. Following an unsuccessful attempt to dismiss the aggravating circumstance, Walter was convicted of first-degree murder and felony theft on April 18, 2005. A penalty hearing followed, at which Walter asserted three mitigating circumstances. Walter identified the following mitigating circumstances: the age of the defendant; the fact that the defendant had no significant history of prior criminal convictions and any other evidence of mitigation concerning the character and record of the defendant and the circumstances of the offense, (the “catchall mitigator”). The jury found the single aggravating circumstance and no mitigating circumstances. It returned a sentence of death, which the trial court formally imposed on April 19, 2005. *There are still appeals pending in this case and the execution is not expected to take place on this date.
Date of scheduled execution State Victim name Inmate name Status
April 22, 2010 Texas Sophia Martinez, 18 William Berkley executed
Sophia Martinez, murder victimOn the evening of Friday, March 10, 2000, 18-year-old Sophia Martinez left her house in her red 2000 Grand Am GTS around 10:15 p.m. on her way to a nightclub in El Paso. The next morning, her sister Mary Ann went to wake her for work but Sophia was not in her room. Mary Ann thought that Sophia had gotten up early and already left the house. When she received a call around 10:30 or 11 a.m. advising her that Sophia had not shown up for work, Mary Ann began making calls and trying to locate her sister. The New Mexico State Police then called to report that her sister’s car had been found but Sophia was missing. Her body was found the next day. Officer Leticia Olivas of the El Paso Police Department was one of the crime scene technicians assigned to the murder case. On March 12, she went to the desert area off Junction 404 and O’Hara Road in New Mexico to recover Sophia’s car. By the time she arrived, the car had been towed but she documented and photographed the area. She observed tire impressions leading into and out of the area and tennis shoe impressions leading toward the highway. Authorities were unable to link the footprints to Michael Jaques. Olivas then went to the New Mexico State Troopers’ garage in Las Cruces where the vehicle was stored. She took interior and exterior pictures of the car. There were blood stains on the seats, the interior door panels, the steering wheel, the driver’s seat belt, and the rearview mirror. The passenger side window was shattered and broken out. From there, Olivas headed to northeast El Paso where Sophia’s body had been located. She had been shot five times in the head and face. One wound was on the right side of the back of her head, one through the center of her right eye, one through her right cheek next to her nose, and one to her left cheek. Sophia also received a grazing wound through her left eyebrow area. The medical examiner recovered four bullets and concluded that Sophia died as a result of brain injury from multiple gunshots. A fifth bullet was found in the vicinity where the body was discovered. Sophia’s body also tested positive for sperm which was later matched to William Berkley, Jaques’s co-defendant. A toxicology report was negative for drugs and alcohol. During their investigation, police found an ATM receipt in Sophia’s car and obtained the video surveillance tapes from the Government Employees Credit Union (GECU) on Viscount, where Sophia banked. The video showed that at 10:22:35 p.m. on March 10, Sophia approached the ATM and withdrew $20. At 10:24:05 p.m., an individual later identified as Berkley approached the passenger side of Sophia’s car with his arms extended. He pointed a pistol at Sophia at 10:24:09 p.m. and the passenger side window shattered. Berkley then moved around to the driver’s side and got into the backseat. A bleeding Sophia withdrew $200 from her account at 10:25:15 p.m. The video showed only one perpetrator; no other cars followed Sophia’s car as it left the bank. Sophia’s murder generated a great deal of public interest and was featured on Crime Stoppers and America’s Most Wanted. A reward was offered for information in the case. On September 30, 2000, Heather Jacques, Jaques’s wife, contacted the FBI with information about Sophia’s death. By the time of trial, Heather and Jaques had divorced and she had begun using the name Heather Napiwocki. Heather received $51,000 in reward monies for coming forward with information. Police then contacted Jaques, who was in the El Paso County jail on an unrelated charge, and questioned him concerning Sophia’s murder. Jaques ultimately gave two written statements. According to these statements, Jaques was visiting Heather at the hospital on March 10 when his friend William Berkley arrived. Heather had been hospitalized for a kidney infection, although the record is unclear as to the actual date of her admission. Jaques thought Heather had been admitted on March 7 or 8; Heather testified that she entered the hospitalon March 10. Heather needed some personal items and Jaques and Berkley went to the couple’s apartment, which at that time was number 34 at the Amberwood Apartments. The men returned to the hospital and Berkley left, but he came back around 7 p.m. Jaques told Berkley that he needed money to pay his court costs and Berkley said he would take care of it. He asked whether Jaques wanted to break into a house. They began discussing different ways of getting the money and Berkley finally suggested a hold-up at an ATM. Before leaving the hospital, Berkley stole some surgical gloves and KY jelly. The men then drove back to the Amberwood Apartments to visit Berkley’s friend, Amanda Cepolski, who lived in apartment no. 134. Berkley talked to Amanda for ten to fifteen minutes before returning to the car. He showed Jaques a black.22 caliber revolver, a black pullover sweater, and a black beanie cap. They began driving around looking for possible hold-up locations. They considered the GECU in northeast El Paso, but Berkley thought the area was too well lit with too much traffic. They went to a grocery store on Fairbanks Street but didn’t like that scenario either. Finally, they targeted the GECU on Viscount. Here, the lighting was poor and they parked by a rock wall fence close to the street running behind the bank. From this vantage point, Jaques could clearly see the ATMs. Berkley got out to hide in the bushes and wait for a car, and Jaques moved over to the driver’s seat. Berkley donned the black sweater, beanie cap, and surgical gloves, and took the gun with him. Jaques also put on a pair of gloves. Cars were coming and going at the ATM booths. When Jaques saw a new model car pull up, he flashed the headlights. Berkley emerged from the bushes and approached the car. Jaques couldn’t see what Berkley did until he walked around to the driver’s side. The car took off, and when Berkley didn’t return, Jaques realized he had left in the red car. Jaques drove back to the hospital around 10:45 or 11 p.m. and told his wife that Berkley had just robbed someone at an ATM. Around 2 or 2:30 a.m., a nurse came into the hospital room and told Jaques that a friend was waiting downstairs. Jaques went downstairs and met Berkley. Sophia’s car was in the parking lot and the right front passenger side window was shattered. Berkley told Jaques that he had tried to open the passenger door but it was locked. He tried to break the window with the butt of the gun but it wouldn’t break. He fired a shot, but the window only shattered. When he went around to the driver’s side, he saw that the driver had been shot in the face. Berkley told her to open the automatic locks, and he got in the backseat. As Sophia tried to drive off, Berkley put the gun to her head and told her to withdraw $200. He then instructed her to drive to a secluded desert area that Jaques and Berkley called “the spot.” When they arrived, Berkley told her to get out of the car. He shot her in the face twice, and she fell to the ground. Berkley then emptied the gun into her while she was lying on the ground. Berkley had come back to the hospital because he needed Jaques’s help in getting rid of the car. Jaques told his wife he had to leave again. Berkley drove Sophia’s car while Jaques followed in Berkley’s car. They drove out to the junction of Chaparral and O’Hara Road and turned westbound on O’Hara. Berkley passed through a cattle fence and ended up on a dirt mound. It was very dark and difficult to see, so much so that Jaques passed by Berkley without seeing him. He turned around and kept driving, finally coming upon Berkley walking along the road. Jaques picked him up. A few days later, Jaques and his wife were having a barbecue at their apartment. Berkley stopped by and had Sophia’s driver’s license and car keys with him. Berkley put the license on the grill to burn, and Jaques took the keys and threw them on the roof of the apartment complex. Jaques also provided information about the gun. The last time he had seen it was in May 2000. It was located at Berkley’s father’s house in the night stand by the bed. And as it turned out, Jaques’s court costs of approximately $200–the underlying reason for the robbery–were paid in $20 denominations after the murder. Based on this information, the police executed a search warrant at Berkley’s father’s home and recovered a.22 caliber eight-shot revolver in the nightstand of the master bedroom. They also recovered Sophia’s keys from the roof of one of the buildings at the Amberwood complex and located metal fragments in apartment no. 34, Jaques’s former apartment. At trial, Sally Grew, a FBI firearms and tool marks examiner, testified that she was not able to determine for sure whether the recovered bullets were fired from the revolver, but it was possible. As for the metal fragments, Grew was not able to determine much of anything. Visually the bullets appeared similar because they had a brassy-colored coating, and some of the bullet fragments also had brassy colored coating on them. Diana Grant, FBI forensic examiner specializing in bullet lead analysis, testified that she found four of the bullets and the metal fragments to be analytically indistinguishable and chemically similar. They were likely to have originated from the same source of molten lead, although that didn’t necessarily mean that the bullets came from the same box of ammunition. The fifth bullet was analytically distinguishable, but possessed only a subtle difference. Douglas Richard Bosanko, who owned a wrecker and locksmith business, testified at trial that on March 10, he was called out on a business call at Graham’s Nightclub on the westside of El Paso. He left from Chaparral, New Mexico and traveled up Lisa over War Road onto O’Hara Road, then to Interstate 10 and Artcraft. As he was crossing over O’Hara Road, he saw a car twenty-five to thirty feet off the road, and the dome light came on as he was passing. Bosanko saw someone get out of the vehicle. On his way home from the call, he saw the car was still there, but he did not see anyone. At the end of the Gap and Highway 54, Bosanko saw a Hispanic male pacing back and forth over the right-hand side of the road, so he pulled over and asked if he needed help. The male answered “No, bro, everything’s cool.” The male said that he was waiting on a friend to pick him up. Bosanko saw him continue to walk along the shoulder toward El Paso. Later, Bosanko identified an individual who was not Berkley. He was also later shown two photo line-ups but he was not able to identify anyone. He did, however, positively state that Jaques was not the man he had seen.
Date of scheduled execution State Victim name Inmate name Status
April 27, 2010 Texas Rafael Alvarado Samuel Bustamante executed
On January 17, 1998, Walter Escamilla, Arthur Escamilla, Dedrick Depriest, and Samuel Bustamante planned a robbery. Walter suggested that the four of them go to the town of Rosenberg to go “shopping.” According to Bustamante, “shopping” entailed finding a “wetback” after the bars closed, offering him a ride, taking him to a deserted location, beating him, and stealing his money and jewelry. Bustamante told Solomon Escamilla and Brandy Riha that he was going "shopping" in Rosenberg with Walter, Arthur, and Dedrick. Riha was the ex-girlfriend of Bustamante’s brother, Bill Bustamante. Solomon was apparently aware of the criminal usage of the word “shopping” while Riha was not. Solomon testified that one meaning of shopping was to “roll wetbacks,” that is, to beat and rob them. Riha testified that she thought it was strange that Bustamante and the other men would go shopping so late at night. The four men, traveling in Arthur’s pickup truck, arrived in Rosenberg at about 2:00 a.m., just after the bars had closed. At first the group had trouble finding a victim. But just as they were about to give up, they came upon Rafael Alvarado, a Hispanic male. Bustamante noted that Alvarado’s clothes were in good condition and his watch looked like it was made of “real gold.” Alvarado offered to pay the driver of the truck to give him a ride across town. The men agreed, and Alvarado climbed into the bed of the pickup. Arthur and Depriest sat in the truck cab while Bustamante, Walter, and the victim sat in the truck bed. After about fifteen minutes, Bustamante asked Walter what he was going to do. Walter told Bustamante to wait but Bustamante stood up and began stabbing Alvarado with a knife. Bustamante stabbed him ten times. When Alvarado tried to escape, Walter caught him by the shirt and made an effort to pull him back in. Bustamante also tried to pull Alvarado in, but the victim managed to break free and fall to the ground. Walter yelled at the driver of the truck to stop, but by the time he did, Bustamante and the others were unable to see Alvarado because of the darkness. Bustamante told Depriest that he wanted the victim’s boots. After the men walked around the area for several minutes without finding the victim, Bustamante decided that they should leave. Depriest admitted that, had they found the victim, they probably would have robbed him. As the truck drove away, the others in the group remarked that Bustamante was crazy. The police followed a trail of blood from the west city limits of Rosenberg to where Alvarado’s body was found, in a ditch in Fort Bend county. He was wearing a watch, a gold necklace, and a ring. He also had a hundred dollars in his pockets and his wallet was undisturbed. His death was caused by stab wounds to the heart and liver and the attendant loss of blood. After returning from Rosenberg, Bustamante told Solomon and Richard Escamilla to wash the truck before daylight. There was blood in the bed of the truck and a hand-print on the tailgate. Bustamante told Solomon that things went wrong and that someone had gotten in the way of what Bustamante does. Bustamante explained that he had gotten hold of a man the night before and the man had fallen out of the truck. When Solomon showed Bustamante a story about the victim in the paper, Bustamante responded, “That’s what I told you, nobody gets away,” saying that when he kills somebody, he knows he kills them. Solomon and Richard joked with Bustamante by telling him not to stab them and by trying to give him their money.

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