Heliberto Chi

Case identification

Heliberto Chi (TDCJ Number: 999437).

Status / sentence

Heliberto Chi was executed by lethal injection in Texas on August 7, 2008.

Background

Heliberto Chi was a male with black hair and brown eyes and a height of 5'07" and weight of 205 lb. Education was 11 years. Occupation was construction drywall laborer. Native county was Honduras. Race was Hispanic. Prior prison record was none.

Chi had been in the United States illegally since 1995. He came to the United States illegally from Honduras in 1995.

Chi wrote a letter claiming he was born December 20th 1978 in San Pedrosula, Honduras, and described his religion as “N/A” and sexual orientation as “N/A”. He wrote that he had black eyes and black hair and that he was “currently living on Texas Death Row” since Nov. 2002. He wrote that he spent most of the day in his cell (23 hours a day), described his hobbies as reading military history, drawing, writing and exercise, and said he was writing to find a pen pal. He wrote that he was fluent in Spanish and English and provided an address and unit information. The letter said:

“My name is Heliberto Chi. I am 28 years old. I was born December 20th 1978 in San Pedrosula, Honduras. I stand 5” 10 Ft. Tall I weigh 180 pounds. I have black eyes and black hair and I’m currently living on Texas Death Row. Since Nov. 2002. I am writing you this letter in hopes to find a pen pal and hopefully we can become friends. Some of my hobbies are reading military history, drawing, writing and exercise. That’s basically what I can do in here. I spend most of the day in my cell (23 hours a day). It gets desolate here at times! I am a very outgoing person who is looking to write the same I enjoy talking about life and social matters. So it would be really good to write someone for some conversation now if you are some one who enjoys pondering and debating philosophy, political and others social matters. Then I’m the one you want to write. Thank you for your time in reading my words once again. If you like to know more about me please feel free to write. Fluent in Spanish and English. Heliberto Chi #999437 Polunsky Unit 3872 FM 350 South Livingston, TX 77351 USA” He also stated in the letter that he was “My name is Heliberto Chi.”

The offence

On March 24, 2001, Heliberto Chi and one co-defendant murdered the manager of a men’s clothing store during a robbery in Arlington.

Chi entered a men’s clothing store armed with a .38-caliber handgun while the co-defendant waited in the car outside. Chi fatally shot the 56-year-old white victim in the back. Chi also shot an 18-year-old Hispanic male in the back. The second victim was transported to a local hospital, treated and released.

Victims

• Armand Paliotta (manager of K&G Men’s Store in Arlington, Texas), age 56. He died from a gunshot wound to the back.
• Adrian Riojas, age 18. He was shot in the back and survived.
• Gloria Mendoza was present; she called 911 and was not injured.

Incident details

Around 8 p.m. on March 24, 2001, Chi knocked on the door of the K&G Men’s store in Arlington and an employee unlocked the door and allowed Chi, a former employee, to enter, after he explained that he had left his wallet in the store after a visit earlier in the day. The store had closed at 7 p.m. with manager Armand Paliotta and two other employees remaining to attend to closing duties, including preparing receipts for deposit.

Chi returned to the front door and pulled out a gun and told the employees who were at the entrance to get back inside. As they were walking, Paliotta pushed Chi and began running to the front of the store. Chi ran after him and stopped and fired at him.

Store employees Adrian Riojas and Gloria Mendoza began running. Riojas ran into the warehouse and found himself trapped by various locked doors. When Riojas saw Chi approaching with his gun drawn, he began to run in a different direction. Chi shot Riojas in the back as Riojas was running from him. After Riojas fell, Chi stated, “Quedate apagado,” which means “Stay dead,” in Spanish.

Mendoza ran toward the front of the store, checked on Paliotta and saw he had been shot, called 911, and then hid beneath a rack of clothes after hearing the doors from the warehouse open and setting the phone down. Mendoza heard Chi’s footsteps walking toward her and heard Chi say, “Vente para frente,” which means “Come to the front,” in Spanish. Mendoza remained hidden. After at least ten minutes, she came out, checked on Paliotta again, returned to the phone to attempt to talk to someone at 911, and heard a conversation between Riojas and the operator.

Police arrived and Riojas and Mendoza ran outside. Paliotta died from a gunshot wound to the back; Riojas survived.

Chi was later convicted and sentenced to die in Texas state court for aggravated robbery and murder of Armand Paliotta, the manager of K&G Men’s Store in Arlington, Texas. Chi was convicted and sentenced to death for murdering Paliotta while in the course of committing or attempting to commit aggravated robbery.

Escape from scene

With police on the way, Chi jumped into a car where his accomplice, Alejandro Sierra, was waiting, and sped off.

Co-defendants / associates

Alejandro Sierra was the co-defendant waiting in the car outside during the robbery and was later described as “the getaway driver.” Four other Texas prisoners were set to die that month; the getaway driver at the murder scene, Hugo Sierra, was described as the brother of Chi’s girlfriend and serving a life prison term.

Investigation / arrest

During detention details and statements in later proceedings, the evidence included a defendant’s criminal history and evidence of future dangerousness.

Chi was later arrested in California after his girlfriend, Erica Sierra, contacted police about his involvement in the crime. Chi’s legal-team materials included that Chi was alleged to have said he would pay anyone to kill Gloria Mendoza because she had seen him shoot Paliotta and Riojas, and that he also said he was going to “walk,” and if convicted he was going to get out “by escaping.”

In a hearing, Miguel Brambila, an officer with the Los Angeles Police Department, testified he did not inform Chi of his right to contact the Honduran Consulate and that during a routine strip search Chi allegedly said:

“I know I'm in for murder and I know I'm going to die, but I didn't kill anyone. Yes, I committed robberies, but I didn't shoot anyone. It was the other guy. He shot the man in the back and as I turned around and walked away, he shot the other guy. I couldn't believe it. I had been smoking marijuana all day and I didn't know what was going on. I know-are they going to kill me because I was with him when the killing happened? I know that's the penalty, but I didn't do anything.” Brambila testified those comments were spontaneous and not in response to questioning, and Brambila admitted not informing Chi of his right and also claimed he was unaware that Chi was not a U.S. citizen.

Trial

Indictment and conviction

On June 26, 2001, Chi was indicted for the capital murder of Armand. On Nov. 7, 2002, a jury found him guilty of capital murder. On Nov. 14, 2002, after a separate punishment hearing, the court assessed Chi’s punishment at death.

The Texas Court of Criminal Appeals affirmed Chi’s conviction and sentence. The U.S. Supreme Court denied Chi’s petition for writ of certiorari on Nov. 15, 2004.

Capital murder intent issue (direct appeal holdings)

In Chi’s direct appeal, the Court of Criminal Appeals considered whether evidence was sufficient to prove he had the requisite intent to kill when he shot store employee during robbery. The court found evidence sufficient to support a finding that defendant intended to kill store employee when he shot him during robbery, as required for capital murder conviction.

The direct appeal decision also addressed constitutional arguments about the death penalty scheme, including failure to require the state to prove the absence of mitigating circumstances, issues relating to the beyond a reasonable doubt standard and mitigation special issue, issues about particularized punishment assessment, and issues about appellate review of mitigation. The judgment of the trial court was affirmed.

Proceedings relating to court reporter conduct

During trial, Chi flirted with several women in the courtroom, including court reporter Liz Hogan. A note from Hogan written on self-sticking paper was found on the bottom of Chi’s chair that read, “Can I trust you?” Hogan was disciplined over this incident, including being barred from working as a court reporter in criminal trials for two years.

During federal habeas proceedings, it was described that bailiffs observed the court reporter and Chi smiling at each other, and at one point Chi was observed licking a piece of candy in a seductive manner while looking at the court reporter, who was then seen smiling back. The court reporter admitted passing a note to Chi that said “Can I trust you?” The judge replaced the court reporter and denied Chi’s motion for mistrial after determining there was no issue regarding the integrity of the record.

Sentencing

After a separate punishment hearing, the court assessed Chi’s punishment at death.

Procedural history / appeals

State habeas

Chi filed a state application for writ of habeas corpus in the trial court on July 9, 2004. The trial court entered findings of fact and conclusions of law recommending that Chi be denied relief on February 28, 2005.

On April 27, 2005, the Texas Court of Criminal Appeals adopted the trial court’s findings and conclusions and denied Chi habeas relief.

Federal habeas

On April 27, 2006, Chi filed a federal habeas petition in a Fort Worth federal district court. On June 21, 2006, the district court denied Chi habeas relief.

Chi sought permission to appeal from the 5th U.S. Circuit Court of Appeals. On March 30, 2007, the appellate court denied Chi permission to appeal.

U.S. Supreme Court certiorari on federal review

On June 28, 2007, Chi petitioned the U.S. Supreme Court for certiorari review. On Sept. 25, 2007, the Supreme Court denied the petition for review.

Second state habeas and stay of execution

On Oct. 1, 2007, two days before his scheduled execution, Chi filed a second application for habeas relief in the Texas Court of Criminal Appeals, a petition for writ of prohibition and a motion for stay of execution. The challenge was to the constitutionality of Texas’ lethal injection protocol.

On Oct. 2, 2007, the Court of Criminal Appeals granted a stay, in light of the Supreme Court’s grant of certiorari review in Baze v. Rees.

On June 9, 2008, the appeals court ruled that Texas’ lethal injection protocol was constitutional. As a result, the court dismissed Chi’s subsequent state habeas application, denied his petition for writ of prohibition, and lifted the stay of execution.

Claims in federal appeals (certificate of appealability)

Chi’s application for a certificate of appealability was denied. The federal court addressed claims including:

• a Vienna Convention on Consular Relations claim regarding failure to inform Chi of his right to contact the Honduran Consulate;
• an equal protection claim referencing Bush v. Gore;
• a due process claim based on court reporter conduct during jury selection.

The application was denied, stating reasonable jurists could not debate the district court’s conclusions.

In the Vienna Convention section, it was stated Chi raised the Vienna Convention claim at his trial but did not raise the claim on direct appeal in state court. It was determined this rendered the claim procedurally defaulted.

Prior criminal history / evidence of future dangerousness

The State presented evidence including criminal history and future dangerousness.

March 2, 2001 convenience store robbery

On March 2, 2001, Chi was involved in a robbery of a convenience store. Chi and an accomplice robbed the clerk at gunpoint, tied and gagged her, and stole approximately eight thousand dollars in cash and checks.

June 1998 Nations Bank laptop theft

In June 1998, Chi stole a laptop computer from Nations Bank in downtown Dallas. He stole it because he worked for a courier service at the time and was given an access card to the bank work area. He confessed to the offense.

While employed as a sheetrock worker, Chi altered the amount of checks from his employer, changing one check amount from $100 to $700 and another from $130 to $930. Chi told the employer his name was “Jose Garcia” and laughed when his employer fired him.

September 20, 1997 apartment complex incident

On September 20, 1997, Chi was scaling the fence of an apartment complex when Melvin Williams, a security officer armed with a shotgun, told him to stop and identify himself. Chi did not stop and began cursing at the officer. Chi stopped in the doorway of an apartment, spit in Williams’ face, and slammed the door.

Arrest/wanted status

Chi was previously arrested and was wanted for grand theft auto in Florida.

Chi was described as “also once described an incident where he fired a pistol at a man because he did not like the way the man was staring at him.”

Domestic violence evidence from Erica Sierra

Chi previously dated Erica Sierra. Sierra contacted police about Chi’s involvement in killing Armand Paliotta. Sierra testified that Chi was abusive and physically hit her. She stated he would slap her, grab her by the throat, and hit her where he would not leave visible bruises.

Sierra testified that when she tried to leave him and called her father, he returned, pulled the phone out of the wall, threw Erica against the wall, and slammed her head into the wall. She also testified that he once bought her a piano; when he got mad, he tore up the piano and threw the parts at her.

While Erica and Chi were on their way to California after the instant offense, Chi stated that he would pay anyone to kill Gloria Mendoza because she had seen him shoot Paliotta and Riojas.

Sierra also did not think Chi was sad about murdering Paliotta.

Prison conduct / detention behavior

State evidence included behavior while in pre-trial and trial detention:

• On September 21, 2002, Chi approached a detention officer and gave him a sealed envelope; when told it had to be unsealed, Chi responded by threatening Weldegebrill with violence.
• On November 4, 2001, a detention officer for the Tarrant County Sheriff’s Department saw Chi talking to other inmates; Chi began taking off his uniform shirt and armband, which was not permitted. When De La Cruz told Chi to show her his armband, he refused, became argumentative, and cursed at her. De La Cruz ordered Chi to go to his cell and shut the door; Chi refused, made an obscene gesture.
• On August 19, 2002, a pod officer for the Tarrant County Sheriff’s Department noticed a disturbance; Chi and an inmate named Ballfield were arguing about what to watch on TV; Chi repeatedly cursed at Ballfield.
• On August 21, 2001, another jailer supervised Chi when he saw Chi striking an inmate in the face with a closed fist; the inmate tried to cover his face and did not hit back. Carrigan commanded Chi to stop; Chi cursed, disregarded Carrigan’s command, and continued to throw punches. Carrigan commanded him to stop a second time, but Chi did not obey.
• Alonso Enriquez testified he became acquainted with Chi when they were locked up together in the county jail. Enriquez testified Chi told him about killing Paliotta, stating he was with another man who stayed in the car, that Chi left his wallet in the car and went into the store telling the man Paliotta he left his wallet in store. Enriquez testified Chi asked Paliotta for money and shot him, and that Chi stated he had to shoot because Paliotta ran and “the girl managed to get away.” Enriquez testified Chi demeaned Riojas because Riojas was crying when Chi shot him, and that Chi said he did not feel anything about the shootings. Enriquez further testified Chi threatened to harm Erica Sierra with violence because she turned him in to the police, and that Chi told him he was going to “walk” and if convicted he was going to get out “some way or another, probably by escaping.” Enriquez also testified Chi mentioned he was going to violently harm a former girlfriend. Enriquez testified he contacted prosecutors because Chi made a threat against them.
• A criminal district court bailiff testified that in his opinion Chi was a dangerous individual, and that he got into a scuffle with Chi trying to put restraints on him; the bailiff said he had never had to lay hands upon any inmate other than this one time.

State evidence also included that Chi had been in the United States illegally since 1995.

Other details

Statements / translations

After shooting Riojas, Chi stated, “Quedate apagado,” meaning “Stay dead,” in Spanish. After hiding employee Mendoza heard Chi say, Chi said, “Vente para frente,” meaning “Come to the front,” in Spanish.

In his final statement at execution, the narratives included:

• “God forgive them,” and “Receive my spirit,” spoken during his final statement, alluding to Jesus Christ’s death on the Cross.
• “God forgive them and receive my soul,” and later “I love you, Edgardo.”
• “Jesus receive my spirit.”
• “I love you, Edgardo. I appreciate your hard work.”

Chi also whispered a prayer in Spanish as lethal injection was started. He glanced briefly at Paliotta’s two sons but did not speak to them. He did not wish to make statements following the execution were attributed to Armand or Christopher Paliotta as sons of the victim, as reported.

Execution setting and witnesses

Chi was executed at 6:25 p.m. and was pronounced dead at 6:25 p.m. He was executed in Huntsville, Texas at the Texas Department of Criminal Justice Walls Unit and was described as executed after the Supreme Court denied his final appeal. A TDCJ representative, Jason Clark, stated: “Heliberto Chi was executed Thursday for the 2001 slaying of Armand Paliotta, the manager of K&G Men’s Store in Arlington,” TDCJ representative Jason Clark said. “He also shot an 18-year-old who was later able to identify him.” Witnesses included Reves, a cousin of Chi; Erica Sierra was described as his girlfriend; and Paliotta’s sons Armand Paliotta Jr. and Christopher Paliotta witnessed the execution. Another cousin, Edgardo Reves, wailed and moaned as he watched.

Victim background and remembrance

Armand Paliotta was described as descendant of Italian immigrants who moved from New York to the Dallas area about 20 years before his death. He was remembered as a kind-hearted father, husband, and compassionate supervisor. Paliotta’s wife, Acela, came to America from Cuba. At the time of his death, Acela was coordinator of English as a second language, bilingual and foreign language programs for the Hurst-Euless-Bedford school district.

A quote attributed to Abdon Hernandez said: “He was my friend, and I’ll always remember him as a good man,” said Abdon Hernandez, a Mexican immigrant who still works as a tailor in the shop where Paliotta died. “He was very good to me. He was very good to the immigrant community. He loved the Hispanic culture. It’s very painful to me that he was killed by someone who was an immigrant.” Acela Paliotta was quoted: “I don’t want to forget what it’s like to be an immigrant so I can minister to them,” she said. “I treasure those painful memories. I feel like part of my mission is to be a good mom and to help parents who are immigrants assimilate and acculturate in this great country.” Acela Paliotta also was quoted: “ He could have been one of those I would have helped. Instead of picking up a pen and a book, he picked up a gun.”

Court cases and holdings referenced

• Chi v. State, Not Reported in S.W.3d, 2004 WL 3093231 (Tex.Crim.App. 2004) (Direct Appeal): the court affirmed conviction and sentence and rejected constitutional challenges to Texas capital murder scheme.
• Chi v. Quarterman, 223 Fed.Appx. 435 (5th Cir. 2005) (Habeas): the court denied a certificate of appealability application.
• Chi v. State (certificate of appealability analysis): the petition was denied.

Timeline

• March 24, 2001 — Chi entered K&G Men’s Store in Arlington; Paliotta, Riojas, and Mendoza were present during the robbery-murder.
• June 26, 2001 — Chi was indicted for the capital murder of Armand.
• November 7, 2002 — A jury found Chi guilty of capital murder.
• November 14, 2002 — After a separate punishment hearing, the court assessed Chi’s punishment at death.
• July 9, 2004 — Chi filed a state application for writ of habeas corpus in the trial court.
• November 15, 2004 — The U.S. Supreme Court denied Chi’s petition for writ of certiorari.
• February 28, 2005 — The trial court entered findings of fact and conclusions of law recommending denial of relief in state habeas.
• April 27, 2005 — The Texas Court of Criminal Appeals adopted findings and denied Chi habeas relief.
• April 27, 2006 — Chi filed a federal habeas petition in a Fort Worth federal district court.
• June 21, 2006 — The district court denied Chi habeas relief.
• March 30, 2007 — The 5th U.S. Circuit Court of Appeals denied permission to appeal.
• June 28, 2007 — Chi petitioned the U.S.
• September 25, 2007 — The U.S. Supreme Court denied the petition for review.
• October 1, 2007 — Chi filed a second application for habeas relief, a petition for writ of prohibition, and a motion for stay of execution.
• October 2, 2007 — The Texas Court of Criminal Appeals granted a stay.
• June 9, 2008 — The appeals court ruled Texas’ lethal injection protocol was constitutional, dismissed subsequent state habeas application, denied prohibition petition, and lifted the stay.
• August 7, 2008 — Chi was executed by lethal injection in Texas.