Skip to main content

North Texas jury sentences killer to death penalty for shooting Burleson woman, cop

A jury of 12 Johnson County residents voted Thursday to send 31-year-old Jerry Elders to death row for the murder of Robin Waddell, agreeing with prosecutors who requested the death penalty.

The defense argued for life in prison without parole, saying Thursday morning that Elders’ actions came after a lifetime of drug addiction and going in and out of jails and prisons, being kicked out of his family home as a teenager and not receiving support from family members.

The prosecution said that wasn’t true. Elders had support from a loving family, from housing to food to money to even a car, and refused to let them help him get off drugs, the state argued. Assistant District Attorney Matthew Staton told the jury Elders used drugs because he liked them.

Staton said the defendant is a coward who carjacked and killed Waddell because he didn’t want her to lead authorities to him after he shot a police officer during a traffic stop.

During jury selection, the majority of jurors said they believe that spending life in prison is a harsher sentence than being put to death, defense attorney Miles Brissette reminded them in his closing argument. Death was too easy, he said. The jurors seemed to have changed their minds.

Several jurors cried silently after the sentence was announced, clandestinely wiping their eyes. One appeared to pray. Another stared at the floor, not looking up until the judge addressed the jury again directly to discharge them from their duties.

Elders didn’t react when the verdict was read. He stood there, silent and still, his face carved from something solid and his eyes trained straight ahead.

Jurors began deliberating toward a punishment verdict around 10 a.m. Thursday and delivered their verdict shortly before 5:30 p.m. At one point, the jury asked to listen again to audio of the defendant’s phone calls from jail. Jurors also asked for clarification on whether Elders’ intoxication when he committed the crime would be a mitigating factor in deciding the sentence.

VICTIM’S FAMILY SPEAKS AFTER SENTENCING


Waddell’s daughter Patricia Cooke has been in court every day of the trial. When she took the stand to deliver a victim impact statement following the sentencing, she told Elders she wouldn’t call him by his name. He didn’t deserve to be called by a name, she said.

Cooke shifted in the witness stand, moving the chair and the microphone to make sure she could see him clearly.

“I’ll call you ‘killer,’ “ she told him. “Mother killer. Grandmother killer.”

She said that the defense claims that Elders was a “bungler” weren’t true. He knew what he was doing and was intentional about every move.

“You weren’t awfully clumsy,” Cooke said to him from the witness stand. “You fired five shots and five shots hit their target.”

She said she’s heard some people calling him “sweet Jer bear,” which she said was disgusting. It didn’t matter if he walked his partner’s children to the school bus or was loved by family members. He is the reason her daughters asked for chains on the doors and windows in their house. The reason she can’t think of her childhood anymore.

The basketball hoop where she used to play is now in her mind the place where he pointed a gun at her mother and forced her into the truck. The place the truck sat is now where he laid in wait. The memories of going to shoot targets with her father are tainted by the knowledge that her mother was shot to death.

And it’s made worse by the fact that the gun she and her father shot was a .38 Special, the same type Elders used in the killing.

She said she can’t even go to Joshua for a plate of nachos anymore.

“She was killed like an animal on the street, crawling up to a locked door,” Cooke told Elders. “At some point you will be sent back to hell where you belong. ... The law you so hate gave you a far better shot than you gave my mother.”

Robin Waddell’s daughter-in-law, Lori Waddell, told Elders that he took Robin not just from her children, but from her grandchildren.

“My daughter asked me to promise her that grandma would be OK and I couldn’t keep that promise,” she said.

Robin’s son, Phil Waddell, kept his statement short.

“The jury spoke for me,” he said.

ELDERS WAS CONVICTED OF CAPITAL MURDER


Elders was found guilty of capital murder last week. He shot a Burleson police officer during a 2021 traffic stop then fled, abducted 60-year-old Robin Waddell in her truck, shot her and threw her out of her truck in the back lot of the Joshua Police Department, authorities have said. Waddell died from her wounds. The officer, Joshua Lott, was shot three times but survived.

In a courtroom filled with law enforcement, on the first day of the three-week trial when the gallery was standing room only, the defense started the day asking Visiting Judge Lee Gabriel to expel uniformed law enforcement from the courtroom. The concern was that the jury would be intimidated by the uniforms or feel a sense of community expectation to deliver a death penalty verdict.

Gabriel denied the request, saying that if the general public is allowed in the courtroom that uniformed officers are as well.

HOW TEXAS JURIES DECIDE ON DEATH SENTENCE


When deciding a sentence in Texas capital murder cases, jurors are asked to answer whether they think the defendant is likely to be a future danger to society, and if there is mitigating evidence to support the lesser sentence of life without parole.

Staton argued in closing statements that not only would Elders continue to be a threat to the society in prison, but also he deserves the death penalty.

“Nobody is giving this man the death penalty,” Staton said. “You will answer two questions but nobody in this courtroom is giving him the death penalty. He earned that.”

Defense attorneys said in closing arguments Thursday morning that Elders was under the influence of drugs when he committed the crimes, was put on the streets by his family as a teenager and was seen by the Johnson County District Attorney’s Office as not being a threat to society because they previously let him out on probation.

The argument from prosecutors that Elders is a danger to society, even if sentenced to life in prison, falls flat on its face, Brissette told the jurors.


JURORS ASKED TO DECIDE WHO JERRY ELDERS REALLY IS


Staton said that witnesses the defense brought in the punishment phase of the trial didn’t know the true Elders. Family members talked about him being fun-loving, humorous and good with children, but Staton said they didn’t know he was stealing catalytic converters, doing drugs and plotting to murder a police officer.

“Who would want Jerry to babysit your kids?” Staton asked.

The prosecution called Elders a coward and said that “what’s buried deep in his soul ... is hatred for the law and for law enforcement.”

The defense said Elders is a man who has been rejected by his family and put on the streets at 13 or 14 years old. Brissette said he’s been in and out of jail since he was a kid, lacked support and faced jealousy from his sister, whose children he said liked Elders more than her.

The prosecution said Elders had support from his family. Staton said they gave him food to eat, money when he needed it and a place to stay when he wasn’t incarcerated.

Both agreed that it was up to the jury to look at the evidence and decide which version of Elders is true.

DEFENSE WILL APPEAL DEATH SENTENCE


Bob Gill will represent Elders in at least the first appeal of the death sentence.

After agreeing that Gill would represent him in his first appeal, Elders shook the hands of Gill, Brisette and an investigator for the attorneys.

A defendant who is sentenced to death is entitled to an automatic appeal to the. Texas Court of Criminal Appeals, which is the highest court of criminal jurisdiction in. Texas.

Source: amp.star-telegram.com, James Hartley, May 2, 2024

_____________________________________________________________________








"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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

US woman who survived botched execution says she's in constant pain

Convicted murderer Christa Pike said Friday that she is in constant pain, a month after surviving a botched execution attempt in the US state of Tennessee. "There hasn't been a moment since that night when I haven't been in pain," Pike said in a statement released by her lawyers. "My body hurts. My arms hurt. My hands hurt. My throat hurts," she said. "I still struggle to speak. And the pain isn't just physical. There is pain in my mind and in my soul."

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.