Skip to main content

Texas executes Rick Rhoades

Rick Rhoades was convicted of killing 2 brothers 30 years ago, the day after he'd been released from prison on parole. His attorneys argued that racial bias in jury selection denied him a fair trial.

Texas carried out its 3rd execution of the year Tuesday night, lethally injecting Rick Rhoades for killing 2 men in their Houston-area home 30 years ago. In an unsuccessful last-ditch effort, his attorneys had hoped to delay the execution to explore whether racial bias during jury selection tainted his trial.

Rhoades, 57, was convicted of killing brothers Charles and Bradley Allen in September 1991, a day after his release on parole from a 5-year sentence for car theft and home burglary, according to prison records. When Rhoades was arrested weeks later for allegedly burglarizing a school, he confessed to the murders, court records state.

Less than an hour after the U.S. Supreme Court denied Rhoades' final appeal Tuesday afternoon, he was taken into Texas' death chamber in Huntsville. 2 of his friends were to stand witness, according to a prison report, along with two siblings of the slain brothers, the daughter of Bradley Allen and a friend to both of the murdered men.

Rhoades chose not make a final statement while laying on a prison gurney. He was pronounced dead at 6:29 p.m. after being injected with a lethal dose of pentobarbital, the prison system reported.

After he was released from prison in 1991, Rhoades told police he took a bus to Houston and began drinking while wandering around his old neighborhood into the early morning, according to court records. Eventually, Rhoades and Charles Allen got into an argument outside the Allens’ house in Pasadena, and Rhoades followed Allen inside because he thought Allen was getting a gun.

Rhoades beat Allen with a metal bar and stabbed him with a knife Allen had grabbed during the attack, the records said. Bradley Allen came out and began to hit Rhoades, who stabbed the brother. Prosecutors said Rhoades took clean clothing and cash when he left the house.

Rhoades told police he found out the brothers died from the news later that day. When he was spotted during a school burglary weeks later, Rhoades said he was “tired of running” and was bothered by the murders, the records state.

Shortly after he was sentenced to death in 1992, Rhoades, who is white, began arguing in appeals that Harris County prosecutors eliminated potential jurors from his trial because they were Black. A Texas court said his attorneys argued the county had a history of trying to exclude Black people from jury trials.

When choosing jurors for trials, defense attorneys and prosecutors are able to remove a limited number of people from the potential juror pool without giving a reason, as long as the reason is not because of the person’s race. In the courtroom and in their appeals, Rhoades’ attorneys challenged two strikes as race-related, arguing that prosecutors probed the responses of 2 Black jurors more thoroughly than the white people on jury panels, as if looking for reasons to reject them.

By 2019, state and federal courts of all levels had rejected Rhoades’ challenges, ultimately finding that prosecutors had reasonable grounds unrelated to race for striking the 2 Black people from the jury pool. Of their 14 strikes allowed without giving reason, the prosecutors had also struck 12 white people, an appeals court noted.

Rhoades’ jury ultimately was made up of 10 white jurors, 1 Hispanic juror and 1 whose race was not clear from court records, the appeals court said.

This year, Rhoades’ attorneys again sought missing information on the potential jurors. They argued that more information, like the racial breakdown of the entire jury pool, has not been disclosed, keeping Rhoades from presenting arguments that his trial was corrupted by racial bias.

“He has been prevented from developing and raising his claim because the State has denied him access to the materials provided for by state law — materials which are necessary to conduct the comparative juror analysis,” his attorneys wrote in a district court filing in July.

Rick Rhoades
The Harris County district attorney’s office told Rhoades’ attorneys that there are more records on the jury pool available, but the trial court must order the release of the records. The trial court judge said she had no jurisdiction and wouldn’t rule on the matter, the courts said, prompting Rhoades’ last appeals to state and federal courts.

“It is clear — and indeed the district attorney has not disputed — that, under state law, the motion Counsel filed was precisely the correct vehicle by which to ask for access to the juror information,” his attorneys argued in a filing last week.

In a 5-4 ruling, the Texas Court of Criminal Appeals in July declined to order the trial court judge to rule on the matter, though dissenting judges said the judge’s refusal was inconsistent with court precedent and suggested the court should have asked the judge why she didn’t think she had jurisdiction. The federal courts all rejected Rhoades' motions as well, ending with the nation's highest court Tuesday afternoon.

The Texas Attorney General’s Office argued in a filing this month that the courts have no justification to stop an execution after Rhoades’ attorneys failed to seek this information for decades. Josh Reiss, who leads the Harris County District Attorney’s Post-Conviction Writs Division, said Monday “it was time.”

“It’s been 30 years,” he said. “When you kill 2 people less than 24 hours after you’re released from parole, that’s kind of a quintessential threat to society.”

Rhoades becomes the 3rd condemned inmate to be put to death this year in Texas and the 573rd overall since Texas resumed capital punishment on December 7, 1982. Rhoades becomes the 55th condemned inmate to be executed in Texas since Greg Abbott became Governor in 2015.

Rhoades becomes the 6th condemned inmate to be put to death this year in the USA and the 1,535th overall since the nation resumed executions on January 17, 1977. 

Source: Texas Tribune, Jolie McCullough, Rick Halperin, September 28, 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)

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.