James David Autry

Case overview

James David Autry was convicted of shooting a convenience store clerk and of shooting two witnesses in connection with a robbery in Jefferson County, Texas. Autry was executed by lethal injection in Texas on March 14, 1984.

Timeline

• April 20, 1980 — Autry shot a 43-year-old female convenience store clerk between the eyes with a .38 caliber pistol, causing her death; two witnesses were also shot in the head.
• 1972 — Autry received a 5 year sentence for Assault and Attempted Robbery.
• 1975 — Autry received an 8 year sentence for Burglary.
• 1980 — Autry received 670; his date of birth was listed as 09/27/1954.
• June, 1983 — The United States Court of Appeals for the Fifth Circuit affirmed the district court’s denial of Autry’s Petition for Writ of Habeas Corpus.
• October 3, 1983 — The United States Supreme Court denied Autry’s request for a stay of execution pending review of his first petition.
• October 4, 1983 — The Fifth Circuit denied Autry’s oral motions for a certificate of probable cause and a stay of execution.
• October 5, 1983 — Autry was denied a stay of execution by the Supreme Court in a 5-to-4 decision.
• 11:30 p.m. (31 minutes before the scheduled execution) — A stay of execution was granted when U.S. Supreme Court Justice Byron R. White granted a last-minute stay.
• October 17 (year not specified) — Attorney General Jim Mattox of Texas asked the Supreme Court to set aside the stay.
• March 14, 1984 — Autry was executed by lethal injection.

Background and personal details

• James David Autry’s TDCJ number was listed as 670.
• Autry’s date of birth was listed as 09/27/1954.
• The record listed the following physical details: white male; brown hair; 5 ft 8 in height; 137 lbs weight; brown eyes.
• The record listed education level as 10/10.
• Autry’s age was listed as 26 at the time 10/10/1980 (date received) and 25 at the time of the offense.
• Autry was listed as a Potter Texas laborer under prior occupation.

Prior criminal history

Autry had a prior prison record of:

• 5 year sentence for Assault and Attempted Robbery in 1972.
• 8 year sentence for Burglary in 1975.

The offence

On April 20, 1980, Autry shot a convenience store clerk between the eyes with a .38 caliber pistol, causing her death. The incident involved an argument about the price of a six pack of beer.

Victim (convenience store clerk)

• The convenience store clerk was a 43-year-old female.
• Her name was listed as Shirley Droust and also as Shirley Drouet.
• She was listed as being from Port Arthur (Port Neches).
• She was described as a mother of five.

Autry shot her between the eyes.

Other shootings (witnesses)

Two other men were shot in the head:

• One witness was a 43-year-old former Roman Catholic priest, who died instantly.
  • The record listed the name Joe Broussard as the witness who died due to gunshot wounds.
• The other witness was a Greek seaman, who survived but was left with severe injuries and permanent brain damage.
  • The record listed the name Anthanasios Svarhas as the surviving Greek seaman with severe brain damage.

The record stated that Autry was not convicted for either of the shootings of the two men.

Investigation and arrest

No investigation or arrest-specific details were included in the provided material.

Trial

The material described Autry as being condemned to die for the April 20, 1980 slaying of a convenience-store clerk.

It also stated:

• Autry declined to make a last statement.
• Autry requested a last meal consisting of a hamburger, french fries, and a Dr Pepper.

Sentencing

Autry was condemned to die and was executed later on March 14, 1984.

The material described Autry’s “proportionality” issue as questioning whether his sentence was proportional to those given other people for similar crimes, and stated that this issue was denied.

Appeals

Fifth Circuit (certificate of probable cause and stay)

A passage identified 719 F.2d 1247 and described:

• James David AUTRY, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.
• No. 83-2597.
• United States Court of Appeals, Fifth Circuit.
• Oct. 4, 1983.
• “BY THE COURT:”

The material included the following verbatim quotation:

“In June, 1983 we affirmed the district court's denial of James David Autry's Petition for Writ of Habeas Corpus. Autry v. Estelle, 706 F.2d 1394 (5th Cir.1983).”

It also included:

“On October 3, 1983, the United States Supreme Court denied Autry's request for stay of execution pending review of his first petition.”

It stated that Autry had filed a successive petition and that in this successive petition Autry raised three new grounds:

1. Autry asserted that “Petitioner's Sixth Amendment right to effective assistance of counsel was violated by the failure of Petitioner's attorney to present any evidence in mitigation of punishment at the punishment proceeding”.
2. Autry asserted that “The Texas death penalty procedures violate the Eighth Amendment in that they preclude the jury's consideration of issues and evidence pertinent to the mitigation of Petitioner's punishment”.
3. Autry asserted that “The Texas Court of Criminal Appeals failed to conduct a proportionality review of Petitioner's sentence to insure that the sentence is not disproportionate [sic] to sentences imposed in similar cases thereby violating Petitioner's Eighth Amendment rights.”

It further described an evidentiary hearing and that the district court denied the petition, filing a four page written Order. The material stated that the district court rejected a claim that Charles Carver was ineffective at the punishment phase and recited findings about witness testimony and Autry refusing to permit his mother to testify.

The material included a verbatim description of defense counsel recognition:

“well known to this court as an able and competent criminal defense lawyer.”

It also included:

“as effective as the facts would permit.”

The material described the appellate standard and included verbatim quotations:

“a certificate of probable cause requires petitioner to make a 'substantial showing of a denial of [a] federal right.' ” “he must demonstrate that the issues are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are 'adequate to deserve encouragement to proceed further.' ” “Petitioner comes to this court with an oral motion for a certificate of probable cause and stay pending appeal.” “We note at the outset that the district court not only denied the habeas petition but also denied a stay of execution and refused to grant a certificate of probable cause.”

It included this quotation:

“Barefoot counselled: Even where it cannot be concluded that a petition should be dismissed under Rule 9(b), it would be proper for the district court to expedite consideration of the petition. --- U.S. at ----, 103 S.Ct. at 3395, 77 L.Ed.2d at 1105.”

It stated the legal conclusions that “Petitioner's oral motions for a certificate of probable cause and a stay of execution are denied.”

Supreme Court and stay events

The material stated:

• On October 5, 1983, Autry was denied a stay of execution by the Supreme Court in a 5-to-4 decision.
• A last-minute stay came when U.S. Supreme Court Justice Byron R. White granted a stay “at 11:30 p.m., just 31 minutes before the execution was scheduled.”
• The material said Attorney General Jim Mattox of Texas asked the Supreme Court on October 17 to set aside the stay.

The material stated that Autry sued to have his execution televised, and that the Board of Corrections denied the request.

It also stated that Autry continued to state that his accomplice John Sandifer was responsible for the shooting deaths and that Sandifer plea-bargained and was “now out on parole.”

Other legal and procedural details

The material referenced constitutional procedural arguments and case citations, including:

• Autry v. Estelle, 706 F.2d 1394 (5th Cir.1983).
• Barefoot v. Estelle.
• Jurek v. Texas, 428 U.S. 262.
• Hovila v. State, 562 S.W.2d 243 (Tex.Cr.App.1978).
• Pulley v. Harris and references to Harris v. Pulley.
• Alabama v. Evans.
• References to Rule 9(b) and 28 U.S.C. Sec. 2254.
• It also referenced “Gregg v. Georgia” in describing the reinstatement of the death penalty in Texas after that case.
• The material included the statement that the Supreme Court denied Autry’s request for stay of execution pending review of his first petition.

Aftermath

The material stated that after Autry’s execution, attorneys used his death as an argument against capital punishment, stating that it was cruel and unusual because he did not die for 15 minutes after the injection was administered.

Other details

• The material listed a co-defendant: John Alton Sandifer.
• The record stated: “Last Statement: This offender declined to make a last statement.”
• It also included: “James David Autry (August 27, 1954 – 14 March 1984)” and described him as a convicted murderer in Texas executed by lethal injection, with the execution date 14 March 1984.
• The material described the stay attempt while Autry was “strapped in the gurney in the execution chamber, with the needles in his arms” when a stay came through, and referenced saline solution being used while he was on the gurney.