Keith Bernard Clay

Background

Keith Bernard Clay was a defendant in the capital murder case of Melathethil Tom Varughese in Harris County, Texas.

On Dec. 24, 1993, Clay participated in the triple murder of Roberto Rios, and Rios' 13-year-old son, Victor, and 10-year-old daughter, Maria, at Rios' home. Clay confessed to only “roughing up” Mr. Rios, who was found bound with duct tape, beaten with a pair of bolt cutters, stabbed in the neck, and shot three times. His two children were found shot execution style in the back of the head.

Shannon Thomas was present with Clay during the Varughese murder. Shannon Thomas was convicted of capital murder and sentenced to death for his role as the primary actor in the Rios family murders.

The offence

Murder of Melathethil Tom Varughese (robbery/murder)

In December 1993, Keith Bernard Clay, 25, bought a 9 mm “Hi-Point” handgun from his friend, Ernest Lee King.

On Jan. 4, 1994, Clay spent the day at the home of Shannon Thomas along with King. Later that evening, the three left Shannon's home with King driving his grandfather's Cadillac.

Around 8:00 or 8:30 p.m., the three stopped at a convenience store so King could buy cigarettes. As King exited the store, Clay entered. Moments later, King heard gunshots, looked inside, and saw Clay holding a gun. He heard two or three more shots before he got into the car. Then, Clay came out of the store carrying a box and the three left together in the Cadillac.

Melathethil Tom Varughese was the clerk at the Texaco station, and he was working alone. He was found lying on the floor behind the cashier's booth with Christmas tree lights wrapped around his wrists. Varughese had been shot six times in various parts of his body and suffered multiple lacerations on his face and forehead. He also suffered extensive blunt force trauma to the head, including a fractured skull.

Items missing from the store included most of the money in the cash register, a pistol usually kept behind the counter, and a small red cigar box kept behind the counter that occasionally had money in it.

Two $20 bills were found on the floor under the register, and eight shell casings were found scattered around the store. Evidence presented at trial indicated that the eight shell casings found at the scene came from the same 9 mm Hi-Point pistol. Bullets found in Varughese's body were from two different guns: one a 9 mm pistol, and the other, a revolver like the one kept under the cash register.

Clay claimed to be an innocent bystander with no knowledge of the robbery, but he was identified by King and was in possession of the murder weapon.

Triple murder of the Rios family (capital murder evidence in punishment phase)

On Dec. 24, 1993, at Rios' home, Jose Rios walked into his brother's Baytown home when no one answered his knock on the door. He and his mother, wife and children were visiting the brother's family, bearing Christmas gifts.

“I opened the door and saw the Christmas tree with gifts,” Rios said. “I opened the door a little more and saw my brother lying on the floor with blood on him.”

Rios found his brother, Roberto Rios, shot to death on the floor with a knife in his throat. He called 911, and his wife screamed from upstairs that the children, Maria Elda Isabell Rios, 10, and Victor Roberto Rios, 11, also were dead.

Hours before, Thomas, 24, and Clay, 27, burst into the Rios home and bound Roberto Rios with duct tape before stabbing him and shooting him twice in the head. Then the two men went upstairs to the children's bedroom, made them lie face-down on the floor, and shot each of them once in the back of the head.

Police speculated that that the killings were drug-related because Rios was a drug dealer who mostly sold marijuana. Police said Thomas and Clay apparently had bought drugs from Rios and assumed he would have money in the house. Police also said the children probably were killed because they were potential witnesses.

When Thomas and Clay gave statements to police, each admitted having been at the scene but each denied that he was the shooter. Prosecutor Munier said that Thomas did the shooting, but that Clay may have held the children down. Clay later confessed to only “roughing up” Mr. Rios, who was found bound with duct tape, beaten with a pair of bolt cutters, stabbed in the neck, and shot three times, and whose two children were found shot execution style in the back of the head.

Investigation

Houston authorities arrested Clay the following December under suspicion for Varughese's murder and for the 1993 Christmas Eve triple murder of the Roberto Rios family that had occurred two weeks before the Varughese murder.

Police at the time thought the killings of the Rios family were drug-related.

Clay possessed the murder weapon in the Varughese robbery/murder.

Arrest

Clay was arrested in December (the following December after the Jan. 4, 1994 murder) under suspicion for Varughese's murder and the 1993 Christmas Eve triple murder of the Roberto Rios family.

Trial

Indictment and conviction

March 13, 1996 — Clay was indicted for capital murder in the 337th Judicial District Court of Harris County, Texas, for the Jan. 4, 1994 murder of Melathethil Tom Varughese, while in the course of committing and attempting to commit the offense of robbery.

April 30, 1997 — Clay was found guilty following a plea of not guilty.

May 6, 1997 — The punishment phase concluded with a sentence of death.

During the punishment phase of Clay's capital murder trial, evidence included his admitted presence and participation in the Rios family incident.

Jury deliberation and verdict

The jury deliberated 8 hours before deciding on the death sentence for Keith Bernard Clay, 28, in the murder of Melathethil Tom Varughese.

The jury agreed with the prosecution that Clay constituted a future threat to society, and, rejecting the defense's call for a life sentence, returned with a verdict of death.

Sentencing

The jury also heard about an unrelated crime Clay allegedly was involved in just a week before the robbery: the Christmas Eve 1993 murders of a Baytown man and his 2 young children.

Appeals

March 10, 1998 — The Court of Criminal Appeals affirmed Clay's conviction and sentence on direct appeal.

January 19, 2000 — The Court of Criminal Appeals denied Clay's state application for writ of habeas corpus.

January 18, 2002 — The Federal district court entered summary judgment denying the petition.

August 20, 2002 — The United States Court of Appeals for the Fifth Circuit denied certificate of appealability.

Outcome

November 27, 2002 — The District Court of Harris County set the date of the execution for March 20, 2003.

January 2, 2003 — Clay filed a petition for certiorari review in the United States Supreme Court.

March 10, 2003 — Clay's petition for certiorari review was denied by the United States Supreme Court.

Timeline

• December 1993 — Clay bought a 9 mm “Hi-Point” handgun from his friend, Ernest Lee King.
• Dec. 24, 1993 — Clay participated in the triple murder of Roberto Rios and Rios' 13-year-old son Victor and 10-year-old daughter Maria at Rios' home.
• Jan. 4, 1994 — Melathethil Tom Varughese was murdered during a robbery at the Texaco station.
• March 13, 1996 — Clay was indicted for capital murder in Harris County.
• March 10, 1998 — The Court of Criminal Appeals affirmed Clay's conviction and sentence.
• March 20, 2003 — Clay was executed by lethal injection in Texas.

Other details

Criminal history

On Aug. 28, 1990, Clay received a sentence of two years for the offense of possession of a controlled substance.

Clay was convicted of capital murder and sentenced to death for his role in the Varughese robbery/murder.

Execution details and final statement

Clay's Final Meal was: four pieces of fried chicken, mashed potatoes, two pints of ice cream, bacon cheeseburger and two vanilla cokes.

Clay's Final Words were:

“I would like to say first and foremost to the Lord God Almighty that I am sorry and forgive me of every single solitary sin I have committed these 35 years I have lived upon this Earth. To the Varghese family, I would ask that you forgive me because I know you have suffered a great loss and I am truly, truly sorry. I know what you have suffered, but please grant me your forgiveness. I am truly sorry, and there is not a day that I have not prayed for you. And to my Mom, I love you. I am going to see the Lord. The Lord is my Shepherd. Let everyone know that I love them; this is not goodbye. I will see you later.”

He asked three members of his victim's family to forgive him and told his mother, Cynthia Smith, “The Lord is my shepherd. Let everyone know that I love them. This is not goodbye. I will see you later.” His mother smiled and flashed 2 thumbs up to him.

Clay began praying softly as the lethal injection was administered and was pronounced dead at 6:23 p.m.

Statements made by others

Prosecutor Marie Munier said:

“I'm not happy to see someone put to death, but I know that the trial was a fair trial, he was represented by good counsel and it was a horrible crime. I think it's justice. It's not that it makes me happy at all, but it's just the price he will pay for his actions.”

Roe Wilson said:

“It's certainly not a good case to try to grasp on to any mental retardation, the evidence against him was real strong, there's no DNA, and the eyewitness identification is from a guy that knows him and was with him.”

Other people named

Ernest Lee King testified that Clay, and others, drove to the convenience store so he could buy cigarettes, that King saw Clay holding a gun after gunshots, and that Clay came out carrying a box.

Shannon Thomas was the co-defendant connected to the Rios family murders and was convicted of capital murder and sentenced to death.

Cynthia Smith was Clay's mother.

Victims included Melathethil Tom Varughese, Roberto Rios, Maria Elda Isabell Rios, and Victor Roberto Rios.