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The Crime
On January 4, 2003 Rudy dropped off three guns at a friend's house, and followed through with his dinner plans with his wife. After dinner, they returned home after stopping at a local movie rental store. That same night, eleven of Rudy's co-defendants attempted to carry out their plans to rob drugs, but in the process, seven of the co-defendants stormed two homes and shot and killed six Hispanic men. Rudy learned of the multiple murders on January 5, 2003 through the local evening news. Rudy was arrested and arraigned on one court of Capital Murder on January 25, 2003.
The Trial
On August 25, 2005, Rudy was found guilty of Capital Murder, through Texas' "Law of Parties," eventhough he was not present at the crime scene and never fired a shot. On August 27, 2005, Rudy was sentenced to death for a crime he did not commit and did not anticipate would happen. The jury chose a death sentence in place of a life sentence, eventhough Rudy did not kill anyone.
Law of Parties
11 men were arrested and charged in this case. One was sent to prison on an unrelated crime. Three were found guilty and sentenced to death, but only one of these were present at the crime scene. One pled guilty to murder and is serving a life sentence. Another was found not guilty and released. Another pled guilty to murder and is serving 25 years in prison. The remaining three were released for a "lack of evidence." Another was given 35 years.
ALL CO-DEFENDANTS WERE CHARGED WITH CAPITAL MURDER IN 2003
Crime was committed on 1-5-2003
|
Name |
Present at scene |
Non-triggerman |
Plea agreement |
Conviction |
Date of Sentence |
Sentence |
|
Juan Ramirez |
|
|
|
Capital Murder |
12/17/04 |
Death |
|
Humberto Garza |
|
NT |
|
Capital Murder |
3/23/05 |
Death |
|
Rodolfo Medrano |
NO |
NT |
|
Capital Murder |
8/27/05 |
Death |
|
Jorge N. Martinez |
|
NT |
YES |
Murder |
11/28/05 |
Life ( plea Agreement) |
|
Jeffrey Juarez |
NO |
NT |
|
Charges dropped on 9/22/06 |
|
Released |
|
Salvador Solis |
|
|
|
Charges dropped on 9/22/06 |
|
Released |
|
Reymundo Sauceda |
|
|
|
Charges dropped on 9/22/06 |
|
Released |
|
Marcial Bocanegra |
|
|
YES |
Murder |
1/9/07 |
35 years (plea agreement) |
|
Robert Cantu |
|
NT |
|
Acquitted on 3/9/07 |
|
Released |
|
Juan A. Cordova |
|
NT |
YES |
Murder |
4/9/07 |
25 years (plea agreement) |
* Sources : www.themonitor.com Archives, and http://tdcj.state.tx.us offender information
Appeals
Direct Appeal was submitted on December 18, 2006 and should be ruled on soon.
State Habeas was submitted on November 15, 2007.
Conclusion
Rudy maintains that he was wrongly convicted of capital murder, when he did not have any intent to kill and could not have anticipated that someone would be killed. The imposition of the death penalty is unconstitutional when applied to Rudy's case, and no rational jury should have sentenced him to death. Rudy's conviction, through the Law of Parties, is unjust. Rudy's death sentence is cruel and unusual punishment, and a violation of his constitutional rights. Rudy's crime should have been punished , but not with a death sentence. Rudy should have been charged with attempted robbery, which he is guilty of, but not with Capital Murder.
