William Joseph Berkley

Case record: William Joseph Berkley

Parties and identifying information

William Josef Berkley was a white male. His hair color was brown and his eye color was hazel. He was 5' 11" tall and weighed 139. His date of birth was 01/16/1979. He had an education of 10 years and worked as a laborer. His native county was Germany. His gender was male.

Offence information

Berkley committed the offence on 03/10/2000 in El Paso County, El Paso, Texas. The case involved the kidnapping, sexual assault and robbery of an 18-year-old Hispanic female, Sophia Martinez.

Victim

Sophia Martinez was 18 years old at the time of the killing. She was an El Paso woman whose body was found outside El Paso in a remote area. She had been shot five times in the head and face. Her body also tested positive for sperm that was later matched to Berkley.

Timeline

• 03/10/2000 — Sophia Martinez left her El Paso home at about ten p.m. and went toward a nightclub in El Paso; she was the subject of ATM surveillance showing withdrawals connected to Berkley; she was attacked, kidnapped, sexually assaulted, robbed, and shot five times in the head and face.
• 03/11/2000 — Sophia Martinez’s body was found in the desert in northeast El Paso.
• 09/30/2000 — Heather Jacques contacted the FBI with information about Sophia’s death.
• 12/19/2000 — An El Paso grand jury indicted Berkley on a single count of capital murder for Martinez’s death.
• 04/19/2002 — A jury found Berkley guilty of capital murder.
• 05/14/2002 — The trial court sentenced Berkley to death.
• 12/12/2005 — The Supreme Court denied certiorari review of the Texas Court of Criminal Appeals’ affirmance on direct appeal.
• 03/08/2006 — The Texas Court of Criminal Appeals denied state habeas corpus relief.
• 08/24/2007 — The federal district court denied Berkley’s federal petition for writ of habeas corpus.
• 02/18/2009 — The United States Court of Appeals for the Fifth Circuit denied a certificate of appealability.
• 10/01/2000 — Berkley was living with his parents; a police search produced items later described as linking him to the crime; Berkley was arrested and confessed in writing.
• 10/??/2000 — Two days after Berkley gave his first written statement, Berkley wished to make another statement and provided a second, more detailed written statement.
• 04/08/2010 — The trial court denied Berkley’s pro se motion to dispense with judgment and execution of judgment.
• 04/12/2010 — Berkley’s attorneys filed a successive writ raising one claim regarding a bullet-lead analysis test.
• 04/13/2010 — Berkley filed a successive writ in the Texas Court of Criminal Appeals.
• 04/15/2010 — A Texas Attorney General media advisory announced that William Berkley was scheduled for execution after 6 p.m. on Thursday, April 22, 2010.
• 04/22/2010 — Berkley was executed by lethal injection in Texas.
• 04/22/2010 — Berkley was pronounced dead at 6:18 p.m. CDT (and also described as pronounced dead at 5:18 p.m. and 5:18 p.m.; the record includes multiple times).

Background and pre-offence details

Berkley had no prior criminal record. At punishment, the State presented evidence about his bad character and violent past. A former supervisor testified that she repeatedly counseled Berkley regarding his poor attendance, rude behavior with customers, and fighting with co-workers during the few months he worked under her, and that Berkley was non-responsive to her counseling. A former co-worker testified that Berkley was perpetually disrespectful to his co-workers, mother and elders, and frequently carried a knife. The testimony also stated that Berkley often spoke ethnic slurs and made verbal threats against a female Asian co-worker, including that “he wanted to smash her face.” The co-worker was afraid of him. A former employer testified that Berkley was caught stealing food, confessed, and agreed to pay back the value of the food.

A former girlfriend testified about numerous incidents in which Berkley behaved violently toward her and others, including an incident in which Berkley choked her until she lost consciousness and threatened to kill her. Berkley often bragged or joked about violent episodes. Several witnesses stated that Berkley bragged about beating a man with a brick because the man owed him money. After beating the man, Berkley pulled his knife on a friend who asked what had happened; Berkley put the knife blade in his friend’s nose, cut his nose, and told him “He didn’t see nothing.” Berkley also bragged about stabbing a girlfriend with a fork. On another occasion, when Berkley became angry after spilling gasoline on himself, he stated that the “best way to relieve the anger is to unload a clip in somebody’s head.” Berkley was referring to shooting someone in the head until no more bullets remain in the gun. Berkley also told a friend that his nickname was “Little Capper,” meaning “Little Killer.” Another friend testified Berkley said he pushed a teacher while in school, and Berkley said he was suspended from school for striking a girl in the nose. When Berkley was twelve, because he was upset about a basketball game, he punched the glass out of a door.

Several witnesses had seen Berkley take drugs or had seen him under the influence of drugs. Berkley was known to use marijuana and cocaine. An FBI agent testified about numerous letters Berkley sent to one of his girlfriends from jail, while awaiting trial for Martinez’s murder, in which Berkley made repeated professions of his love but included negative, crude, and threatening references toward his own mother.

Berkley was born in Germany where his father was posted with the U.S. Army. His family moved to El Paso when Berkley was in the fourth grade. Berkley dropped out of high school in 10th grade. Berkley said he had dual citizenship with Germany.

The offence

On March 10, 2000, an 18-year-old Hispanic female, Sophia Martinez, left her El Paso home around 10:15 p.m. on her way to a nightclub in El Paso. ATM surveillance recorded Martinez approaching an ATM, making a twenty dollar withdrawal, and later withdrawing $200 after a man with a handgun approached her vehicle and fired a shot into it. Surveillance described the man later identified as Berkley approaching the passenger side with his arms extended, pointing a pistol at Sophia, and shattering the passenger side window; Berkley then entered the backseat as Martinez withdrew $200 from her account. The video surveillance indicated only one perpetrator.

After the ATM robbery, Sophia’s vehicle left. The following morning, Sophia’s abandoned vehicle was located in the desert not far from El Paso. There were numerous blood stains inside the vehicle. Later that same day, El Paso police found Sophia’s lifeless body beside a dirt road in an isolated location near a well. Her body was found in a remote area outside El Paso and also described as being found in Northeast El Paso. An autopsy revealed Sophia had been shot five times in the face and head, with wounds described in multiple locations on her head and face, including one wound on the right side of the back of her head, one through the center of her right eye, one through her right cheek next to her nose, and one to her left cheek, and a grazing wound through her left eyebrow area. The medical examiner concluded that Sophia died as a result of brain injury from multiple gunshots. Four bullets were recovered, and a fifth bullet was found in the vicinity where the body was discovered.

Sophia’s body tested positive for sperm, which was later matched to William Berkley.

Investigation

Police recovered an ATM receipt in Sophia’s car and obtained video surveillance tapes from the Government Employees Credit Union (GECU). Police investigators documented the location and interior conditions of Sophia’s abandoned vehicle, including blood stains and shattered passenger side window. Police also documented tire impressions and tennis shoe impressions, and authorities were unable to link the footprints to Michael Jaques.

Sophia’s murder generated a great deal of public interest and was featured on Crime Stoppers and America’s Most Wanted. A reward was offered for information in the case. On September 30, 2000, Heather Jacques contacted the FBI with information about Sophia’s death. By the time of trial, Heather and Jaques had divorced and she had begun using the name Heather Napiwocki. Heather received $51,000 in reward monies for coming forward with information.

Police contacted Jaques, who was in the El Paso County jail on an unrelated charge, and questioned him concerning Sophia’s murder. Jaques provided two written statements. In his statements, he described being at a hospital with Heather when William Berkley arrived, and he described how Berkley suggested a hold-up at an ATM after Berkley said he would take care of needed money for Jaques’s court costs. Jaques’s statements also described Berkley stealing surgical gloves and KY jelly before they went to the couple’s apartment and then to a friend’s apartment. Jaques described the planning and driving around looking for hold-up locations, choosing the GECU on Viscount due to poor lighting and parking by a rock wall fence. Jaques described Berkley donning a black sweater, beanie cap, and surgical gloves, and taking a gun. Jaques described that when Jaques saw a new model car pull up, he flashed the headlights, Berkley emerged from the bushes and approached the car, and when Berkley did not return, Jaques realized Berkley had left in the red car. Jaques described returning to the hospital, then meeting Berkley later, and Berkley describing what occurred when he tried to open Sophia’s passenger door, fired when the window would not break, then entered the backseat. Jaques’s statements also described Berkley putting a gun to Sophia’s head and telling her to withdraw $200, instructing her to drive to a secluded desert area called “the spot,” shooting her in the face twice, and then emptying the gun into her while she was lying on the ground. Jaques described subsequent driving out to the junction of Chaparral and O’Hara Road and turning westbound on O’Hara, and described how Jaques picked Berkley up after passing him without seeing him.

Jaques’s statements also described Berkley coming back for help getting rid of the car, and described Berkley stopping by later to burn Sophia’s driver’s license and to give keys to Jaques that Jaques threw on the roof of the apartment complex. Jaques’s statements described that the gun had last been seen in May 2000, located at Berkley’s father’s house in a night stand by the bed. The statements described that Jaques’s court costs of approximately $200 were paid in $20 denominations after the murder.

Based on this information, police executed a search warrant at Berkley’s father’s home and recovered a .22 caliber eight-shot revolver in the nightstand of the master bedroom. Police also recovered Sophia’s keys from the roof of one of the buildings at the Amberwood complex and located metal fragments in apartment no. 34, Jaques’s former apartment.

Officer Leticia Olivas of the El Paso Police Department worked as a crime scene technician assigned to the murder case. On March 12, she went to the desert area off Junction 404 and O’Hara Road in New Mexico to recover Sophia’s car, documenting and photographing the area and the car after it had been towed. She photographed interior and exterior conditions, including blood stains on the seats, interior door panels, steering wheel, driver’s seat belt, and rearview mirror, and she noted the shattered passenger side window. She then proceeded to northeast El Paso where Sophia’s body had been located and described the shooting injuries.

Authorities were unable to link the footprints to Michael Jaques.

Arrest and confessions

On October 1, 2000, Berkley was living with his parents. A police search of the home produced a black “beanie” hat identical to the one seen on the man in the ATM surveillance video. Police recovered a .22 caliber revolver from the night stand in Berkley’s father’s bedroom and latex gloves in Berkley’s bedroom at the parents’ house. Police also recovered Martinez’s car keys from the roof of the apartment complex where the woman who implicated Berkley lived.

Berkley was arrested. He confessed in writing on October 1, 2000. In his first written statement, he described attacking and approaching Martinez’s vehicle at the ATM and that his gun went off as he approached her. He directed Martinez to withdraw $200 and drive away from the ATM to a deserted area. He described that once they arrived at that location, “the girl” initiated multiple episodes of sexual relations; during one of those encounters, his gun “went off.” He confessed that he passed out and that when he awoke the woman was lying on the ground. He stated that he “freaked out” and drove her car to another part of the desert where he drove it off the road and walked home.

Two days after his first written statement, Berkley’s father notified police that Berkley wished to make another statement. In his second, far more detailed written statement, Berkley added that the murder weapon was a .22 caliber handgun he had secretly taken from his father, and that he later burned “the girl's” driver’s license in a barbeque grill. Berkley’s confessions did not include any indication that Berkley knew his victim.

Other witnesses and testimony

A police search testimony described evidence and identification work, including that Douglas Richard Bosanko testified at trial about a business call at Graham’s Nightclub and his observations of a vehicle and a Hispanic male pacing along the road shoulder. Bosanko testified he was unable to identify anyone from later photo line-ups and positively stated that Jaques was not the man he had seen. Bosanko later positively identified Hernandez in a one-on-one line-up, and also testified about whether he identified voice evidence during that one-on-one procedure.

Berkley’s father testified that he recognized Martinez as a girl his son had introduced and had dated for a short period of time. Sophia’s mother testified that she was very close to Sophia, that she had never heard of Berkley before Sophia’s murder, and that she was not aware of Sophia ever having dated Berkley.

Co-defendants

Co-defendants included Michael Jaques, described as Michael Angelo Jacques, who was an accomplice. Jaques was sentenced to life in prison for planning the robbery and hiding evidence. Berkley was described as having been condemned for the kidnapping and murder, while Jacques’s role was tied to planning and evidence concealment.

Trial

Berkley was convicted of capital murder in April 2002 by an El Paso County jury for the capital murder of Sophia Martinez. On May 14, 2002, the trial court sentenced him to death. At his trial, the State introduced significant evidence regarding Berkley’s bad character and violent past.

Sentencing

A jury convicted Berkley of capital murder and he received a death sentence in May 2002.

Appeals

The Texas Court of Criminal Appeals affirmed Berkley’s conviction and sentence on direct appeal. The Supreme Court denied certiorari review of this decision on December 12, 2005. The Texas Court of Criminal Appeals denied state habeas corpus relief on March 8, 2006. The federal district court denied Berkley’s federal petition for writ of habeas corpus on August 24, 2007. The United States Court of Appeals for the Fifth Circuit denied a certificate of appealability on February 18, 2009. The Supreme Court also denied certiorari review of that decision on October 5, 2009.

Berkley filed a pro se motion, captioned “Notice of Agreed Interlocutory Appeal,” in the trial court, in which he sought to appeal the earlier dismissal of his double jeopardy claim. On April 8, 2010, the trial court denied Berkley’s pro se motion to dispense with judgment and execution of judgment. Berkley’s attorneys filed a successive writ on April 12, 2010, raising one claim regarding the bullet-lead analysis test. On April 13, 2010, Berkley filed a successive writ in the Texas Court of Criminal Appeals.

Outcome

The legal outcome ended with Berkley’s execution by lethal injection in Texas on April 22, 2010. He was described as being pronounced dead on April 22, 2010 at times reported as 5:18 p.m. and 6:18 p.m. CDT in different accounts.

Last words and final statement

Berkley’s last words were:

"Samantha, I love you with all my heart and soul. Cori, thanks for everything. Make sure my princess is alright. Death before dishonor. Cori, I think you should continue with criminal law. It¹s your decision. They need lawyers out there that will fight. Death before dishonor. Warden, let her rip. Thank you for coming, Irene."

He did not acknowledge his crime or the victim’s witnesses.

Prison meal and witnesses

His final meal included two BLT cheeseburgers, two jalapeño cheeseburgers, fried okra, french fries with ketchup and mustard, brownies, chocolate and vanilla ice cream, and three root beers. His personal witnesses at the execution included his girlfriend, Samantha Ann Gray; his lawyer, Cori Harbour; and Irene Wilcox, his spiritual advisor. Two prison chaplains, Daniel Rose and David Collier, also witnessed the execution.

Aftermath and family reactions

Sophia’s mother, Lourdes Licerio, and Sophia’s two sisters, Dulce Enriquez and MaryAnn Martinez, watched the execution in different accounts. After the execution, MaryAnn Martinez read a statement. Her statement included:

"Sophia was our flesh and blood, our beloved,"
"The night she was murdered she had no fanfare, no witnesses, no chaplain, no last meal. Today is not about revenge. Today is not about closure. Today is not about anyone else other than my sister."

Some accounts stated Berkley did not address Martinez’s family during his final statement.