Skip to main content

Texas | Should the Walmart shooter get the death penalty? El Paso is divided

Local members of the Texas Coalition to Abolish the Death Penalty gathered in downtown El Paso in May 2021 to protest the execution of Quintin Jones.
Texas carries out more executions than any other state — by a long shot.  

More than 570 people have been executed by the state of Texas since 1976, when the Supreme Court reinstated the death penalty after briefly ruling it unconstitutional. That’s five times more than the number of executions in Virginia, the state with the next highest number.

Capital punishment remains a divisive topic in Texas and beyond. A 2021 Pew Research Center study found that 60% of Americans were in favor of the death penalty, while 80% said there was risk of innocent people being put to death. Twenty-three U.S. states and more than 70% of the countries in the world have abolished capital punishment entirely. 

In El Paso, perspectives on capital punishment have a new personal significance for many after the Aug. 3, 2019, mass shooting at a Walmart. Former El Paso County District Attorney Jaime Esparza sought the death penalty of the accused shooter before he retired in 2020. His successor, Yvonne Rosales, said her office will do the same in what was the deadliest attack against Latinos in recent United States history. 

“When it hits you personally it changes you,” retired Brig. Gen. Richard Behrenhausen said.

The former first commander of the Joint Task Force North at Fort Bliss, Behrenhausen is originally from Reading, Pennsylvania, but retired in El Paso. His perspective on the death penalty shifted radically after his brother was murdered in Kansas City, Missouri, in 1993. His brother’s killer, who plea bargained down to second-degree manslaughter, will probably be released within the next couple years, Behrenhausen said.   

“I would be willing to bet that there are a number of families in this town and across the bridge in Juárez who feel very strongly about the death penalty because of the Walmart shooting, and have had their mind changed about the death penalty because of the Walmart shooting,” he said. 

Before his brother’s murder, Behrenhausen said he was conflicted about the death penalty, because of his Catholic upbringing. But his views solidified when his brother was murdered: “I feel that the death penalty should be a viable option as a penalty for certain crimes in which a culprit has been proven unquestionably, without a doubt guilty,” he said.

State Rep. Joe Moody, D-El Paso, agreed that the events of Aug. 3 had an impact on the way El Pasoans feel about the death penalty, though he holds a different perspective on capital punishment. 

“I believe people started thinking about (the death penalty) in different ways,” he said. “I think it becomes very challenging in the circumstance of such an egregious crime, because there’s a lot of emotion around it.”

Moody has sought for years to reform the state’s criminal justice system, including abolishing the death penalty. His recent legislative efforts include improving juror instructions in capital punishment cases, banning the death penalty in Texas for those who are intellectually or developmentally disabled, and banning the state’s controversial “law of parties” where a person can be eligible for the death penalty who was party to a killing but did not actually kill someone. Although some of these efforts have passed in the Texas House, they have stalled in the Senate. 

Moody said he often encounters El Pasoans who express support for the death penalty, but only in the most extreme cases, like that of the Walmart shooter. But he said that is not how the death penalty functions in practice. 

“It’s not so often utilized for the worst of the worst, but more so (it’s) utilized for the poorest of the poor, who don’t have the opportunity for good counsel,” he said. The lengthy and complicated process of executing someone, which can stretch across decades, could also lead to repeated retraumatization of the El Paso community in the case of the Walmart shooter, Moody said.

“If we’re going to heal as a community, that healing is not served by another killing,” he said.

There are currently seven men on death row for crimes committed in El Paso County. The average length of time they have spent on death row is 18 years and eight months: none have an execution scheduled. 

Marcia Fulton’s daughter was murdered by one of those men. Like Behrenhausen, she supports the death penalty, though laments how long it has taken for the sentence to be carried out. Her 15-year-old daughter Desiree Wheatley was killed in June 1987 by David Leonard Wood, who would come to be known as the “Desert Killer.” Wood was convicted of murdering six girls and young women in Northeast El Paso in the 1980s, and is suspected in the disappearances of three more young women. 

“I’m not saying everyone needs to be having the death penalty, but there are definitely cases where it is very appropriate. And definitely this was one of them,” Fulton said. 

Retired police officer Ron Stallworth also said he was concerned about extended delays in carrying out sentences in cases like Fulton’s.

“One of the problems with the death penalty is that you could be found guilty today of a capital crime, be given the death penalty, and you may not face justice legally for years. That’s wrong,” he said. 

Stallworth, an El Paso native, said his perspective on the death penalty has changed since he retired. Stallworth is known for having infiltrated the Ku Klux Klan while serving as the first African American police officer in the Colorado Springs Police Department; his experience was the basis for the Spike Lee film “BlacKkKlansman”.

“I have mixed emotions about it,” he said. “When I was an active police officer, I was full force in for the death penalty.” But Stallworth said his support of capital punishment has softened, particularly because of the disproportionate rate with which Black men are executed. 

In Texas, although Black people comprise less than 13% of residents, they have made up 44.7% of death row inmates, according to data compiled by the Texas Coalition to Abolish the Death Penalty. 

The "Walls" Unit, Huntsville, where Texas executions are carried out.
Still, Stallworth said he believes the Walmart shooter should be executed “without a doubt.” He said he wasn’t interested in hearing religious arguments in this case, noting how frequently conversations about the ethics of the death penalty are framed around religion. 

Moody recalled past conversations with relatives of Jordan and Andre Anchondo, the young couple who died in the Walmart shooting while shielding their infant son, who expressed forgiveness toward the Walmart shooter and said they did not want the death penalty in the case. 

“They were coming from a place of deep faith,” Moody said of the Anchondo family. “That level of grace, after having been through something like that, is something that’s almost incomprehensible to most of us.”

The Catholic Church’s stance on the death penalty has become increasingly hardline over the past several decades, with Pope Francis calling for the international abolition of the death penalty in 2018. 

Bishop Mark Seitz of the Catholic Diocese of El Paso said he has been edified by the response of the El Paso community to the shooting. 

“To me it was a thing of grace to see how people responded, refusing to choose anger and vengeance in response to the shooting, but rather (to say) we will not allow this individual’s terrible actions to bring us down to his level,” he said. 

Seitz, who conducted the funeral mass for Gilbert Anchondo, also recalled being moved by the family’s response to the shooting. 

“I’m not presuming to speak for everyone in our community or all of the victims because I understand that many of them are terribly traumatized and they don’t really know how to find healing in the midst of the pain that they’re going through,” Seitz said. “But I do know that there are those among the victims that have been very clear that they realize that no solution will come from (the death penalty).”

Moody cautioned that El Pasoans should avoid misdirecting energy by focusing on the death penalty as a path toward justice with the Walmart shooting. 

“If we’re going to focus on (the shooter), we’re really treating the symptom, not the disease. What caused this shooting was white supremacy, was racism, was hatred, was politically violent language. And I find myself turning towards stamping that out. That is where I think our best efforts can be focused,” he said.

Source: elpasomatters.org, René Kladzyk, July 30, 2021


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.