David Allen Castillo

Case record: David Allen Castillo

Status and execution

David Allen Castillo was executed by lethal injection in Texas on September 23, 1998.

The offence

David Allen Castillo was convicted in the July 14, 1983, stabbing death of Clarencio Champion, a cashier at the Party House Liquor Store in Mercedes.

Clarencio Champion was assaulted when he was closing up for the night. Prosecutors said Castillo walked in armed with a long knife and demanded the store's cash. When Champion resisted, Castillo attacked him with a knife.

Clarencio staggered to the road outside his store and flagged down a passing car. The driver of that passing car happened to be a police dispatcher. Clarencio described his assailant, and police tried to stop the bleeding from his extensive stab wounds.

Clarencio was cut deeply in the right arm, damaging an artery. Another wound completely crossed the left side of his face. He had two stab wounds to his abdomen, and one to his throat. After several operations, Clarencio died of septic shock caused by his abdominal wounds.

Clarencio Champion died on July 20, after the stabbing. After the autopsy, doctors confirmed he had died as a result of the stab wounds inflicted during the robbery. He had received a total of five stab wounds: two in the abdomen, one in the throat, one across his face and one to the arm.

Champion died a week after the robbery. Police said Champion was recovering in the hospital when, a week after the stabbing, he suddenly developed an infection and a high fever, and died.

Champion had been robbed of an undetermined amount of money.

Investigation

Investigators linked Castillo to the crime through forensic and investigative connections to an earlier robbery. An athletic shoe’s distinctive footprint discovered at the bloody scene matched a print at the earlier robbery. A description of the assailant from the other robbery victim also matched Castillo. Detectives found evidence related to the Champion killing at the home where Castillo had been staying.

A description of the assailant was provided at the hospital after the robbery. Champion’s wife said he told her the man spoke broken Spanish and kept saying “Damos los dineros. I am going to kill you.” Champion’s wife also said he told her that he had never seen the assailant before.

A detective said Champion told him the same about the broken Spanish and that the assailant said “Dame el dinero, dame dinero, o te mato” and the deceased told the detective he had seen the assailant possibly once before, but that he was not sure.

Another detective who arrived on the seen recalled that the victim first said “they” robbed me and then said “he” robbed me.

After Clarencio’s injuries were inflicted during the robbery, a reward of $4,100 was offered for information leading to the indictment of the killer.

Police Chief Robert Nunley said investigators were called off the case early on July 15 due to a need for traffic control due to flooding because of thunderstorms in the area.

About an hour after the robbery, Castillo appeared at a friend's home and washed his hands at an outside faucet. Police tested it for blood. “It could not be determined whether the blood was human or not,” the Texas Court of Criminal Appeals said.

The police learned Castillo was living with the Garcia’s and obtained permission to search Castillo’s room at the Garcia’s home on August 2. With permission from the Garcia’s, the room was searched on August 7, but nothing was recovered. On August 8, nearly a month after the crime, Lucinda Garcia called the detective to report the discovery of bank bags and a bloodstained T-shirt in a hall closet.

Arrest and prior history

When Castillo was charged with Champion's death, he already was in prison, serving an eight-year sentence for a similar robbery where the victim survived.

Castillo had pleaded guilty to another robbery-stabbing committed a month before the Party House crime.

Castillo was arrested on July 25 for a similar offense committed on June 26. Castillo was arrested for the murder and robbery committed on July 14 while serving an eight-year sentence.

People involved

Offender

David Allen Castillo.

Castillo was described as 34 at the time of execution, and as 59 years old in relation to the victim’s age in reporting. Castillo was 19 when he was arrested.

Castillo had insisted that a friend of a cousin killed Clarencio Champion on July 14, 1983, and then fled to Mexico.

Victim

Clarencio Champion, a cashier at the Party House Liquor Store in Mercedes.

Clarencio Champion was also described as 59 in reporting.

Relatives and household associates

Pedro Garcia was a critical witness against Castillo. Pedro Garcia worked across the street from the liquor store and knew Clarencio Champion's pattern of going to and from the bank with money.

At the time of the crime, Castillo was living with Pedro Garcia and his family in a public housing complex. Pedro Garcia testified that when Castillo came home late on the night of the robbery, his first words as he came though the door were, “I did it.” Pedro Garcia did not explain what it was he had done.

Pedro Garcia’s wife, Lucinda Garcia, was quoted discussing her views of the case. Lucinda Garcia, 39, talked about the case in the four-room house in Mercedes where she is raising four of her children. “David, he never, ever admitted to it,” Lucinda Garcia said. “To this day, I wouldn't be sure he did it.”

Castillo lived with Pedro Garcia and Lucinda Garcia, his first cousin and cousin’s wife in Mercedes, Texas, during the month of July 1983, due to ongoing troubles with his father.

Oscar Garcia, Pedro Garcia’s uncle, gave an interview in his modest home in Mercedes in which he said things that might have led jurors to question Pedro Garcia's credibility. “There was deep hatred, Mr. Garcia said, between the Garcia and Castillo families.”

Castillo’s father, Juan Castillo Sr., filed an affidavit as part of his son's unsuccessful state habeas petition. Juan Castillo Sr. said, “Neither one of the lawyers told us what they were going to ask us, or what kinds of things they wanted us to say,” and “I think I must have done more harm than good because I didn't know what to say.”

Castillo’s sister and brother wanted to testify at the punishment phase of his trial, but could not afford to travel to Texas from their homes in the Midwest.

At the time of Castillo’s execution, Castillo’s family members yelled obscenities and one brother pounded on the witness-room glass.

Castillo’s wife was addressed in his final statement. Castillo also referenced his nieces and nephews in his final statement.

Prosecuting and legal figures

Rene Guerra, the Hidalgo County district attorney who prosecuted Castillo, was quoted describing the victims and Castillo.

Rene Guerra said, “These were innocent people, hardworking people,” and “They complied with every wish. There was no reason for him to do them in.”

Rene Guerra described Castillo as cocky. Guerra said, “He was one of those young punks who thinks the world is going to revolve around him,” and “He's never going to change. He'd kill you in a minute, and that's the fear.”

Rob Owen was quoted as a death penalty appellate lawyer with the Austin firm Schonemann, Roundtree & Owen. Rob Owen said that an adequate investigation would have required $5,000 to $10,000.

Mr. Sutton, Governor Bush's criminal adviser, was quoted. Mr. Sutton said, “We do everything we can to put up enough money to represent these guys,” and also described it as difficult to know what it would have cost for a good investigation 17 years ago.

The Texas Court of Criminal Appeals was quoted in relation to testing blood for whether it was human.

Witnesses and evidence described

Pedro Garcia testified against Castillo.

A doctor testified during Castillo’s trial regarding a clamp left in Champion’s stomach. During surgery, a nine-inch clamp had been left in Mr. Champion's stomach. The doctor testified that the leaving of the clamp inside Mr. Champion had been for the best because, he said, it prompted him to go back in and clean the wound.

Trial

During Castillo's trial, there was no direct evidence linking him to the crime. About an hour after the robbery, Castillo washed his hands at an outside faucet and police tested it for blood.

Jurors took only 45 minutes to find Castillo guilty. The jury deliberated for about 45 minutes to decide on his guilt and 30 minutes to vote for the death sentence.

At the time of the punishment phase, Castillo’s lawyers did not ask the court for money to help Castillo’s sister and brother travel to Texas.

In relation to investigation funding, the state gave Castillo $500 for an investigator. The trial court turned down Castillo's lawyer's request for an additional $600. The court ruled that there was no legal obligation to provide Castillo with the additional money.

Sentencing

The jury voted for the death sentence. It took the jury half an hour to vote the death sentence for Castillo.

Mr. Sutton, the Bush adviser, said the death sentence was fair and supported by the case record.

Appeals

There was an unsuccessful state habeas petition filed by Juan Castillo Sr., an affidavit filed as part of his son's unsuccessful state habeas petition.

Outcome

David Allen Castillo maintained his innocence in a final statement and insisted a friend of a cousin killed Clarencio Champion.

Rene Guerra said there was “no iota of doubt” Castillo was the killer.

In an interview last week, Castillo said: “You got the wrong guy. I hope you're satisfied.”

Aftermath

A malpractice lawsuit was mentioned after Champion’s death. The leaving of the nine-inch clamp inside Mr. Champion's stomach prompted the doctor to go back in and clean the wound, and Champion's widow eventually sued the doctor and the hospital for malpractice.

Under Texas law, the person who set the events in motion that led to Mr. Champion's death could be prosecuted for capital murder, and that helped convict David Castillo.

Timeline

• July 14, 1983 — Castillo confronted Clarencio Champion and demanded the store's cash at the Party House Liquor Store in Mercedes; Champion was stabbed and later died.
• July 15 — Investigators were called off the case early due to traffic control needs from flooding because of thunderstorms in the area.
• July 20, 1983 — Clarencio Champion died.
• June 26 — A similar offense occurred for which Castillo was later arrested.
• July 25, 1983 — Castillo was arrested for a similar offense committed on June 26.
• August 2 — Permission was obtained to search Castillo’s room at the Garcia home.
• August 7 — Castillo’s room at the Garcia home was searched; nothing was recovered.
• August 8 — Lucinda Garcia reported the discovery of bank bags and a bloodstained T-shirt in a hall closet.
• August 23, 1998 — Castillo was executed by lethal injection.
• September 23, 1998 — Castillo's execution is given as “Executed by lethal injection in Texas” in the case status field.
• September 24, 1998 — Reporting described the execution as having occurred “Wednesday” in Texas and referenced a separate execution in Virginia.