Skip to main content

Texas: Condemned killer wins new punishment trial

A convicted killer on Texas' death row for 20 years had his death sentence thrown out Wednesday by the Texas Court of Criminal Appeals.

Harris County jurors who decided Roy Gene Smith should be executed were not allowed to properly consider mitigating evidence of his crime-ridden Houston neighborhood and that he was surrounded by poverty and crime throughout his life, Texas' highest criminal court ruled.

The decision is in line with changes in punishment evidence rules ordered by the U.S. Supreme Court in death penalty cases since the time Smith was tried in 1990. The appeals court ordered Smith's case returned to Harris County court for a new punishment trial.

Smith, 51, was condemned for the October 1988 fatal shooting of James Whitmire, 67. Evidence showed he used some of the $4.27 taken from his victim to buy his girlfriend a hot dog. Smith also was sentenced to a life prison term for a murder he was convicted of committing three days before the Whitmire slaying.

The Court of Criminal Appeals upheld the convictions and sentences for three other Texas death row inmates Wednesday.

Yokamon Hearn, 31, lost an appeal contending that he is ineligible for execution under Supreme Court rules that bar the death penalty for the mentally impaired. In 2004, Hearn got within an hour of his scheduled execution time before a federal appeals court stopped the punishment so his mental impairment claims could be examined.

Hearn was convicted of the March 1998 slaying of a Dallas-area stockbroker. Frank Meziere, 23, of Plano, was carjacked at gunpoint from a self-service car wash in Dallas. He was found dead in a south Dallas neighborhood and had been shot 10 times in the head.

In the 2nd case, Randall Wayne Mays, 50, was convicted of killing an east Texas deputy sheriff in 2007. Henderson County sheriff's deputies Tony Price Ogburn and Paul Steven Habelt died and a third deputy was injured in a shootout at Mays' house in Payne Springs, about 50 miles southeast of Dallas. They were responding to a call made by a neighbor who reported hearing gunshots on Mays' property.

After appearing to cooperate with the deputies, Mays barricaded himself inside his house, where he used a high-powered rifle to shoot at officers. He was convicted in Ogburn's death.

His appeal raised 21 points of error from his trial, many of them focusing on what his lawyers contended were improper jury instructions from the trial judge. Other unsuccessful arguments focused on the sufficiency of evidence and what they argued were improper remarks to jurors by prosecutors during the punishment phase closing arguments.

Mays' brother, Noble Mays Jr., was executed in 1995 for a fatal stabbing.

In the 3rd case, the court upheld the death sentence of a North Carolina parolee convicted of killing a sales agent inside a model home in suburban Dallas.

Kosoul Chanthakoummane, 29, was condemned for the July 2006 slaying of Sarah Walker, 40, a top-seller for home builder D.R. Horton. She was stabbed 33 times and her body found by a house-hunting couple in the kitchen of a model home in McKinney, about 30 miles north of Dallas.

Chanthakoummane had been paroled to Dallas to live with relatives after serving time in North Carolina for aggravated kidnapping and robbery convictions.

His appeal unsuccessfully raised 15 points of error from his trial, including claims the evidence was insufficient to support his conviction, that shackling his legs in the courtroom in the presence of prospective jurors violated his constitutional rights and that jurors improperly were excused from serving. Another claim rejected by the court was that jurors improperly were shown a photo of him acting as if he was going to bite a small dog.

Source: Associated Press, April 28, 2010

Comments

Most viewed (Last 7 days)

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.