After the jury returned a guilty verdict Thursday night in the trial of Supervisory Border Patrol Agent Ronald Anthony Burgos-Aviles for double murder, the capital murder trial continued with the punishment phase Friday morning.
During this phase, both the prosecution and the defense present their opening arguments as well as witnesses and evidence that help jurors reach a sentence for the defendant: life imprisonment without parole or death penalty.
Prior to this, defense attorney William Boggs filed a motion that "future dangerousness" language not be included in the arguments because Burgos-Aviles would not be part of any society if sentenced to prison for life and would not represent a danger.
Boggs said that the jury could be confused and that it would be unlikely that Burgos-Aviles was outside, inserted in any society, because that would be illegal.
The motion was denied.
The jury entered the courtroom at 10:39 a.m. to hear the opening statements of the state and the defense. Judge Joe Lopez explained to the jurors that this second phase was exactly the same as the first since they would hear opening statements by the lawyers, presentation of evidence and asked them to pay attention to what was to come.
DA: Burgos-Aviles chose his destiny
Webb County District Attorney, Isidro "Chilo" Alaniz, thanked the jurors on behalf of the state for their time dedicated to the case.
"Now is the time for each of you to choose the punishment for the actions of the man who on April 9, 2018, Roland Anthony Burgos-Aviles, the man who is sitting at that table, killed two innocent people," he said. "And again I remind you of the oath you took when you were selected. And I will remind you that when we asked if it was a case that we prove beyond reasonable doubt that justifies the death penalty, that you could and you would administer under the law, and everyone said yes, and this is the case."
Alaniz said that the evidence supports that Burgos-Aviles is a dangerous person.
"I said it at the beginning and I say it again: Burgos-Aviles is a danger to families, a danger to law enforcement, a danger to society," he said. "Stay focused, use your common sense. The evidence that was presented, that was used for your guilty verdict, remains valid for this phase."
Alaniz added that additional evidence of the man who was in the room -- Burgos-Aviles -- would be presented during this phase.
"He made his choices. Now is time for you all to impose the consequences of taking the lives of two people, the life of Dominique and Grizelda, " he said. "Remember the evidence, the facts, and the fierce attack, the fight of Grizelda for her life and how the baby Dominic was helplessly scared and murdered."
Alaniz reminded the jury that during this phase they have to answer two essential questions regarding Ronald Anthony Burgos-Aviles. Does he constitute a threat to society and is it probable that he will continue committing acts of violence.
"After presenting the evidence, if there were mitigating circumstances, to have a sentence of life in prison without parole instead of death penalty, look at the evidence," he said.
Alaniz also informed them that they would hear testimony from the family and see more evidence.
"When you look at all the evidence, there will be no mitigation facts that justify a life prison sentence," he said. "Take a step back, look at all the evidence and reflect. Use your common sense, weigh all the facts and all of the circumstances, and remember that each of you are not giving him the death penalty.
"This is a grown man. He chose his destiny in that day: April 9, 2018. He knew the consequences, and he earned it."
Defense: Burgos-Aviles is not a future danger
Boggs then started with the opening arguments for the second phase.
Boggs said that no matter what, Burgos-Aviles would be a dead man walking in prison.
"Not only have you determined that Mr. Burgos did kill Grizelda and Dominic Hernandez, but you also ensured that he will never be free again," he said. "Defense teams are in an awkward position. We are not the heroes of this story. Everyone condemns and understands how awful this crime was."
Boggs said he was there to plead for Burgos-Aviles' life and that the jury should rely on facts, evidence and the law.
"I ask you to put aside your emotions, your feelings," he said. "On Friday while showing the videos I saw many with tears in your eyes, but I will ask you to set aside your feelings, your emotions. This is a process. You are not automatically sentencing to death penalty. He did something terrible, but you have to rely on facts, evidence, law."
Boggs showed some photos of Burgos-Aviles as a member of the Navy and also others with his children and members of his family.
"We treasure human life, and we all here believe in the sanctity of life," he said. "What happened is indescribable. There are no words to describe the level of loss and pain for the family, but we are talking about Mr. Burgos' past and this is about his future. I am asking for his life, and the facts speak about what he did in the past. But the state of Texas says that a sentence will never be about the past, it is about the future."
Boggs asked the jury to consider all the evidence for Phase 1 and also consider that Burgos-Aviles would not continue to be a danger.
"Just because he's guilty doesn't mean he's a future danger," he said.
"You took an oath. I know it's a difficult job and you're in an awful position, but I ask you to follow that oath," he said. "Remember that it becomes an individual and moral decision. Keep an open mind because Ronald Anthony Burgos Aviles is not a continuous threat to society."
Boggs reminded the jury that Burgos-Aviles had been cooperative during his arrest and questioning.
Boggs said that in the five years that he has been detained, Burgos-Aviles has not caused any problems, he has been an excellent inmate -- even during the pandemic, while everyone was losing their minds, he followed the rules, he said.
"Burgos did not resist arrest," he said. "You watched when he was questioned. He always complied because he is a law enforcement. He did this unimaginable crime, but Anthony knows how to follow the rules."
Boggs also highlighted Burgos-Aviles’ background.
"Ronald was born in Puerto Rico. Ronald is a son, a grandson, a nephew. He has a family that loves him very much. He is a father," he said. "He proudly served his country in the US Navy without a record of violence. Ronald has aspirations and hoped to continue his career in Border Patrol."
Boggs said that people are complicated and multifaceted, and Ronald was an outsider who was consumed by the law-enforcement culture who believed in focusing the law.
"But Burgos was poisoned by his own doctor who prescribed a cocktail of testosterone and phentermine which becomes a dangerous drug as it causes psychosis, and the crime was not planned, although it definitely looks planned," he said. "But no one should be forced to impose the death penalty on another person if you do not agree that is the appropriate punishment."
The defense attorney said that for the rest of his life, every time Burgos-Aviles looks in a mirror, he will see little Dominic's face.
"We all share a burden, and I ask for a sentence of life without a parole for Mr. Burgos," he said. "You will need to make an individual moral decision about the special issues and determine the ultimate punishment. Under Texas law, the sentence of life without parole is respected as a final punishment."
The trial continued after press time with testimony from Timothy Fitzpatrick -- Director III for Classification and Records for Texas Department of Criminal Justice -- whose testimony focused on what would classify Burgos-Aviles as a life without parole inmate and as a death row inmate, the privileges they had, as well as prisoner escape attempts, among other data.
The trial will resume Monday at 8:45 a.m.
