Mark Sam Arthur

Background

Mark Sam Arthur was a juvenile at the time of the offence and was later sentenced to death for a murder-for-hire. He had no prior prison record. His prior occupation was a laborer.

Arthur had a juvenile record dating back to when he was 12, including car theft, and a conviction for carrying a weapon. He was also tied to a string of crimes over a 23-day period leading up to the murder, with accusations including burglary of a habitation, aggravated robbery, car theft, and aggravated assault.

Carmen Fonseca was the victim’s wife and was awaiting trial. An unidentified male juvenile accomplice was involved and was being handled by juvenile authorities.

The offence

On 12/21/1996, Arthur and a juvenile accomplice carried out a murder-for-hire on an Hispanic male. The two had been hired by the victim’s wife.

Arthur and the accomplice were in a stolen vehicle and were waiting along the victim’s normal route home. They pulled alongside the victim’s vehicle and fired several shots into the victim’s vehicle, causing his death.

After the shooting, Arthur returned to the car to steal the victim’s wallet. In his confession, Arthur said that when he approached the car the second time, he heard the victim making "squeaky sounds," so he shot him several more times in the head.

Investigation

Arthur was convicted of capital murder for the slaying of Esequiel Fonseca. Prosecutors alleged that Carmen Fonseca asked Arthur to kill her husband. The Houston Chronicle reported that the slaying occurred when Esequiel Fonseca was shot at least seven times as he drove home from work on Beltway 8 on Dec. 21, 1996.

Arrest

Trial

Arthur was sentenced to death by lethal injection. A jury convicted him of capital murder, and the decision on his sentence was reached after 22 hours of deliberation.

After the verdict was read, Arthur’s mother wailed in court, screaming "It's all my fault." She then screamed that she should have had an abortion. The defendant began crying. Prosecutor Jane Waters said: "His tears were only for himself," and said the defendant showed no remorse in the trial.

The jury heard about Arthur’s criminal history dating back to when he was 12. Prosecutor Jane Waters said Arthur had a juvenile record for car theft and a conviction for carrying a weapon. She also said he had been tied to a string of crimes over a 23-day period last December that led up to the murder, including accusations of burglary of a habitation, aggravated robbery, car theft and aggravated assault.

Defense attorney Kurt Wentz asked the jury to spare Arthur’s life, telling them that the young man was influenced by an evil woman. He said Carmen Fonseca told Arthur that she was a battered woman.

Sentencing

The Houston Chronicle reported that Arthur, 18, was convicted of capital murder last week for the slaying of Esequiel Fonseca, and that he was sentenced to death by lethal injection on Wednesday. It reported that Arthur’s mother wailed in court after the verdict was read, and that Arthur began crying.

Appeals

Outcome

Arthur’s sentence was commuted on June 22, 2005. His death sentence was imposed on February 11, 1998.

Other details

• Name: Mark Sam Arthur
• TDCJ Number: 999254
• Date of Birth: 08/1/79
• Date Received: 02/11/98
• Age (when Received): 18
• Education Level: 11 years
• Date of Offense: 12/21/96
• Age (at the time of Offense): 17
• County: Harris
• Race: Hispanic
• Gender: Male
• Hair Color: Brown
• Height: 6-1
• Weight: 160
• Eye Color: Hazel
• Prior Prison Record: None
• Prior Occupation: Laborer
• Prior Location/Residence: Harris, Texas
• Co-defendants: Unidentified male juvenile & Carmen Fonseca
• Victim: Esequiel Fonseca (Hispanic male)
• Victim’s wife: Carmen Fonseca (41)
• Amount reported: $23 and the promise of a car from the victim’s wife
• Place and time of killing as reported: Beltway 8; Dec. 21, 1996 (near Texas 288)