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U.S. NEWSWednesday 7 October 2015
Texas: Judge tosses
conviction in
Inmate set for execution for killing man in $8 robbery ‘90 NY killing
MICHAEL GRACZYK Death row inmate Juan Garcia is photographed in a visiting coming weeks. JENNIFER PELTZ
Associated Press Evidence at Garcia’s 2000 Associated Press
HUNTSVILLE, Texas (AP) — cage at the Texas Department of Criminal Justice Polunsky Unit trial and testimony from a NEW YORK (AP) — A man
A Texas inmate set to die companion identified him imprisoned for a quarter-
Tuesday for killing another near Livingston, Texas. (AP Photo/Mike Graczyk) as the ringleader of four century in a notorious tour-
man in a Houston robbery men involved in the shoot- ist killing was granted a new
that yielded just $8 has not “If it’s God’s will, it’s his will,” ville would be the 11th this ing and robbery. The slay- trial Tuesday when a judge
had any late appeals filed Garcia, 35, told The Associ- year in Texas, which car- ing and string of other vio- overturned his conviction in
on his behalf. ated Press last month in a ries out capital punishment lent crimes tied to Garcia, a case that helped crystal-
Juan Martin Garcia was prison interview near Liv- more than any other U.S. who was 18 at the time, lize an era of crime and fear
convicted of capital mur- ingston. state. Three more execu- convinced a jury he should in the nation’s biggest city.
der for the September 1998 His lethal injection in Hunts- tions are scheduled in up- be put to death. Johnny Hincapie, a Colom-
killing and robbery of Hugo Garcia, his two cousins bian immigrant, broke into
Solano, a Christian mission- and another man had al- sobs as he heard the deci-
ary from Mexico who had ready carried out a car- sion to throw out his convic-
moved his family to Texas jacking when they spotted tion in a subway-platform
just weeks earlier so his chil- Solano early on Sept. 17, mugging that killed Utah
dren could be educated in 1998, getting into his van to tourist Brian Watkins as Wat-
the U.S. go to work. Solano’s rela- kins defended his parents.
Garcia acknowledges tives said the 36-year-old, State Supreme Court Jus-
shooting Solano but denies who did Christian mission- tice Eduardo Padro cited
the robbery, an accompa- ary work in Guadalajara, new evidence; Hincapie’s
nying felony that made it a Mexico, had moved with lawyers had presented
capital case. The inmate, his wife to Houston weeks new testimony from two
who was linked to at least earlier so their children witnesses saying he wasn’t
eight aggravated robber- could get an education in involved in the crime. Pa-
ies and two attempted the U.S. Eleazar Mendoza, dro stopped short of de-
murders in the weeks be- who was sentenced to 55 claring Hincapie innocent,
fore and after Solano’s years in prison for aggra- as he and his lawyers had
death, also insists that ju- vated robbery, testified hoped the judge might,
rors unfairly penalized him that Garcia approached but agreed to release him
because he didn’t take Solano and pointed a gun. on $1 bail while awaiting
the witness stand in his own Mendoza said Garcia or- a retrial. “After 25 years of
defense at trial. dered Solano to surrender suffering, after 25 years of
The U.S. Supreme Court re- his money then shot him injustice, after 25 years of
fused to review Garcia’s when he refused. sleepless nights, God just
case in March. The Texas Garcia said Mendoza revealed his justice,” said
Board of Pardons and Pa- came up with the idea to Hincapie’s father, Carlos.
roles, in a 5-2 vote, refused rob Solano and that Sola- His son couldn’t immediate-
a clemency request from no escalated the confron- ly be freed because of an
Garcia last week. tation by resisting.q immigration complication,
which his lawyers are work-
Police: ing to resolve.
Prosecutors said they were
Boy, 11, mistakenly kills brother, 12, in gun outing weighing whether to ap-
peal the ruling and were
CARROLLTON, Ohio (AP) — iff Dale Williams said. newspaper that an autop- ly 100-acre (40-hectare) committed to retrying the
An 11-year-old boy fatally The sheriff said the men sy would be conducted. property called the emer- case, if necessary.
shot his 12-year-old brother had three loaded weap- Williams said Tuesday that gency dispatcher after the “We regret the fact that re-
during a target-shooting ons on a picnic table Fri- the shooting appears ac- shooting and was inter- trying the case would sub-
outing in eastern Ohio, the day afternoon and were cidental and no criminal viewed by investigators, as ject the family of Mr. Wat-
local sheriff said Tuesday. discussing one when the charges had been filed, were the other man and kins to testifying at another
The shooting occurred younger boy picked up but authorities confiscated the 11-year-old boy. trial, reopening old wounds
while the boys from Moore, one of the guns and it fired. all the weapons. Investigators were told the and forcing them to relive
South Carolina, were with The older boy was struck in “It’s accidental at this boys were adopted, but the horror of that night 25
a man visiting a friend’s the head and died at the time, but we’re not done Williams said he couldn’t years ago,” Manhattan
property in rural Lee Town- scene. No one else was with the investigation,” Wil- confirm if or how they were district attorney’s office
ship, roughly 50 miles (80 hurt. liams said. related to the adult visitor, spokeswoman Joan Vollero
kilometers) west of Pitts- The county coroner told He said the Akron-area who also was from South said in a statement.q
burgh, Carroll County Sher- The (Canton) Repository man who owns the near- Carolina.q
