One more reason why I support the death penalty:
Huntsville (TX) prison guard killed during escape; both inmates recaptured
There’s a lot of folk on the anti-side who think that we should just lock these dangerous animals up for the rest of their lives instead of putting them to death for their capital murders.
The problem with that is that good, honest, and innocent people have to guard them, provide them medical care, feed them, and counsel them. And every so often, if given even a moments opportunity, they will kill these innocent people too.
Neither of these men were on death row — one of them, Jerry Duane Martin, 37, was serving 50 years for two charges of attempted capital murder. Now that he has committed capital murder, hopefully his death sentence will be carried out quickly.
The other escapee, John Ray Falk Jr., 40, was serving a life sentence for murder. Now that he has also committed a capital murder, his next stop should be death row.
Their victim was 59-year old Officer Susan Canfield. She died from injuries she received when the escapees rammed her horse and ran her over as they fled the Wynne Unit crop fields in a stolen truck, prison officials said.
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Recently here in Texas the case of Kenneth Foster made national news.
Foster was on death row for his part in the 1996 robbery and murder of a 25-year old man in San Antonio. Foster was not the gun man, and didn’t pull the trigger. Instead one of his fellow Black Disciples gang members, Mauriceo Brown pulled the trigger. Foster drove the car, and was responsible for stalking and terrorizing the victims before they were eventually shot.
Foster had been sentenced to death under the Law of Parties:
Chapter 7.02 of the TX Penal Code says a person can be criminally responsible for another’s actions if that person acts with “the intent to promote or assist the commission of the offense” and “solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense, whether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken”. Furthermore, “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed.”
Foster’s death sentence, unfortunately, was commuted by Gov. Rick Perry.
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I bring up the case of Kenneth Foster only to remind people of why we have the Law of Parties — and it’s for instances like the first story of the two escaped inmates. Now, only one of them was driving the truck that killed Officer Canfield. However, both men should be charged with and convicted of capital murder in her death.
Hopefully the Foster case hasn’t set a precedent where one of these men will not be put on death row and thus given another future chance at killing someone else.
Anybody who argued against Foster being put to death because he wasn’t the trigger man, can you argue that one of the men who ran over that guard should not also be convicted of capital murder just because he wasn’t behind the wheel?
Let’s just see if the “anti-death” penalty activists can give us a reason to let these killers live. come on………post your arguements. im waiting…………where are you guys??
One can have a thousands reasons to support the DP. You only need one to be against it.
Prove that Kenneth Foster wanted the 25-year old man in San Antonio to get shot or knew Mauriceo Brown wanted to shoot him.
The same for the passenger in the car, though it would be more likely someone would get hurt if you escape from prison in a truck.
Although it’s terrible a guard got killed, being a guard is (can be) a dangerous profession. When you get a job as a prison guard you know that. Pretty much the same for anyone who’s joining the army.
Another thing: these two convicts were allowed to work outside the prison fences. There’s something terrible wrong with that too.
That does not excuse their actions just because guards no of the iminent danger of the job!
Thankfully we have a DA in Walker County that will pursue the death penalty for both of these men!
I just hope there is not a motion to move the trial.
Even if they move the trial the Walker County DA (or one of his staff) will still head up the prosecution–a change of venue doesn’t change that aspect.
Forget the argument on the death penalty. Why are you not asking why in the world these men were allowed out of there cells in the first place. TDCJ is partly responsible for this guards death because they allowed these men to leave their cells. Why is nobody bringing this issue up?
Absolutely Texasgal, you make an excellent point, this proves they should be kept in lock down full time
Unfortunately that’s what happened in the Aubrey Hawkins case. At least one of the Texas 7 (Michael Anthony Rodriguez) was serving a life sentence for capital murder (killing of his wife) but was allowed into the general prison population. But at least Rodriguez stopped all the silly appeals and had the brass balls to admit what he did was wrong.
Clearly those in for capital murder or attempted capital murder need to be in admin seg. No ifs, ands, or buts about it.