Johnny Ray Conner

Case overview

Johnny Ray Conner was convicted in Texas state court and sentenced to death for the robbery and murder of Kathyanna Nguyen. He was executed in Texas by lethal injection on August 22, 2007.

Timeline

• May 17, 1998 — Johnny Conner entered a north Houston grocery store, approached the counter as if to buy a drink, pointed a .32-caliber revolver at store owner Kathyanna Nguyen, and fired shots after a customer, Julian Gutierrez, attempted to pay for gasoline he had pumped and then ran; Gutierrez was wounded and Nguyen was shot and died.
• June 17, 1998 — Conner turned himself in to the Harris County Jail.
• September 22, 1998 — Conner was indicted by a Harris County grand jury for capital murder in Nguyen’s death.
• June 29, 1999 — A jury found Conner guilty of capital murder.
• June 30, 1999 — After a separate punishment hearing, the court sentenced Conner to death.
• September 12, 2001 — The Texas Court of Criminal Appeals affirmed Conner’s conviction and sentence.
• September 28, 2000 — Conner filed a state application for writ of habeas corpus in the trial court.
• November 21, 2001 — The Court of Criminal Appeals adopted the trial court’s findings and conclusions recommending denial of relief and denied relief.
• December 10, 2002 — Conner filed a federal habeas petition in a Houston federal district court.
• March 21, 2005 — The district court granted Conner federal habeas relief and ordered that he be retried or released.
• January 29, 2007 — The 5th U.S. Circuit Court of Appeals reversed the district court’s decision.
• April 27, 2007 — Conner petitioned the U.S. Supreme Court for certiorari review; the petition was pending.
• July 17, 2007 — Conner applied to the Supreme Court for a stay of execution.
• August 22, 2007 — Conner was executed by lethal injection in Texas.

Background

Johnny Ray Conner was described as a laborer and as having had prior juvenile encounters. He was a Black male. He was from Caddo Parish, Louisiana, and was described as a Shreveport, La., native. His hair color was Black and his eye color was Brown. His height was 05' 07" and his weight was 157 lb. At the time of the execution, he was described as 32 years old; the case material also described his date of offense as 05/17/1998 when he was 23.

The offence

On May 17, 1998, Johnny Conner entered a north Houston grocery store. He brought a drink to the counter as if to buy it and pointed a .32-caliber revolver at store owner Kathyanna Nguyen.

Julian Gutierrez walked into the store to pay for gasoline he had just pumped. Gutierrez heard someone say, “Give me all your money.” He looked up from counting his own money and saw a man pointing a gun at Nguyen’s chest. When the robber saw Gutierrez, he turned and pointed the gun at him. Gutierrez dropped the money he was holding and ran from the store.

As Gutierrez ran, the robber fired, wounding the customer. After hearing several more gunshots, Gutierrez turned and saw the robber shoot Nguyen. Other individuals outside nearby businesses saw Conner as he fled the grocery store, and several noted that the man was holding his hand underneath his shirt as he ran. Police found a juice bottle near the counter, and a fingerprint matching Conner was recovered from it. The cash register was open and blood was inside the drawer, and witnesses noted money scattered and a great deal of blood on the floor around Nguyen’s body.

At the trial, Gutierrez identified Conner from a photo lineup. Additional witnesses identified Conner from the photo spread.

Victims and witnesses

• Victim: Kathyanna Nguyen (49) — store owner who was shot and fatally wounded during the attempted robbery.
• Customer: Julian Gutierrez — was shot and wounded during the incident and survived.
• Other witnesses mentioned in the evidence described
  • Tony Tostado (who lived with Nguyen and operated a restaurant next door to her store)
  • Agnes Hernandez
  • Christine Flores
  • Michael Hamilton
  • Martha Meyers
  • Melecio Sanchez

Investigation

During the following police investigation, three individuals looked at photos and identified Conner as the perpetrator. Conner’s photograph was included in a photo spread. Three separate witnesses identified Conner from that photo spread, including Gutierrez, Flores, and Meyers. Conner turned himself in to the Harris County Jail on June 17, 1998.

Police also discovered a juice bottle on the floor near the counter from which Conner’s fingerprint was recovered. Another fingerprint was also on the container, but the second fingerprint was never identified. Witnesses described variations in appearance and clothing, but multiple identifications pointed to Conner as the robber.

Arrest

Trial

Conner was convicted in Texas state court of capital murder for intentionally killing Nguyen by shooting her with a deadly weapon during the commission or attempted commission of a robbery. A separate punishment hearing followed.

Capital murder conviction

The evidence described for the conviction included that Conner was seen pointing a gun at Nguyen, that money and blood were found at the scene, that Conner’s fingerprint was recovered from a juice bottle near the counter, and that Nguyen was shot during the course of the robbery or attempted robbery.

Conner challenged the sufficiency of the evidence on appeal, arguing that the State failed to prove that the victim was killed during the course of a robbery or attempted robbery as alleged in the indictment. The Texas Court of Criminal Appeals overruled the sufficiency challenges, concluding that a rational jury could have concluded that Conner shot Nguyen in the course of robbing or attempting to rob her, and that the verdict was factually sufficient.

Punishment phase and future dangerousness

The jury was asked whether there was a probability that Conner would commit criminal acts of violence that would constitute a continuing threat to society. The Court of Criminal Appeals held that the evidence at the punishment stage established beyond a reasonable doubt that Conner would be a continuing threat, including prior offenses and juvenile conduct.

Evidence described at punishment included prior offenses such as robbery, assault, and aggravated assault, as well as juvenile break-ins and possession of illegal drugs. The material also described family testimony that Conner was not violent, that they were surprised about the murder, and that they believed he could be rehabilitated. Conner was described as crying during his mother’s testimony, apologizing to the victim’s family before sentencing, and as receiving a college diploma at Houston Community College.

Tattoos testimony

At punishment, Officer R. Perkins of the Houston Police Department, Criminal Intelligence Division, Street Gang Unit, testified about the meaning of Conner’s tattoos and interpreted them based on training and experience in street gangs. Conner objected that the testimony implied gang membership and gang-related conduct without evidence of membership or gang motivation.

The Court of Criminal Appeals held that the testimony was relevant to Conner’s character and hence to punishment and concluded the trial court did not abuse its discretion under the applicable evidence balancing rule.

The testimony included the following meanings attributed to the tattoos:

• Teardrop tattoo: “There are several meanings to the teardrop.... One is for loss of a homeboy or friend. One particular reason is for how many times you've been to the jail. And one time it is noted as this is the last time I'll ever cry.”
• Mickey Mouse tattoo: “That tatoo [sic] is a Mickey Mouse character, crazed out. The eyes are crossed, it's holding a gun and a knife, and the gun is smoking, which a lot of times is memory a high-jacker [sic], meaning I'll take your gun with a knife or with a gun, whatever it takes.”
• “Money Over Bitches” tattoo: “Money Over Bitches on the tatoo [sic] is typical of the black street gang. It means that women are second class citizens. It means money comes first.”

Juror communication issue

Conner argued that after trial the court instructed jurors that they were not obligated to discuss their service with defense counsel, and he claimed this denied him effective assistance of counsel and due process by preventing investigation.

The Court of Criminal Appeals overruled these points, holding that the refusal of jurors after discharge to talk with defense counsel did not authorize reversal and that jurors being informed they had no obligation to talk did not deprive Conner of his rights.

Sentencing

After the punishment hearing, the court sentenced Conner to death on June 30, 1999. The Texas Court of Criminal Appeals affirmed the death sentence on September 12, 2001.

Appeals

Direct appeal

Conner’s direct appeal included claims challenging evidentiary rulings, sufficiency of the evidence, future dangerousness findings, and punishment scheme constitutionality arguments. The Texas Court of Criminal Appeals affirmed the conviction and sentence.

The decision expressly overruled claims including:

• the sufficiency of the evidence supporting capital murder during a robbery or attempted robbery,
• factual sufficiency,
• legal sufficiency supporting the affirmative future dangerousness punishment finding,
• related due process arguments,
• and challenges to the photo spread identification procedure.

Habeas corpus

Conner filed a state application for writ of habeas corpus in the trial court, and the trial court entered findings of fact and conclusions of law recommending denial. On November 21, 2001, the Court of Criminal Appeals adopted those findings and conclusions and denied relief.

On December 10, 2002, Conner filed a federal habeas petition in a Houston federal district court. On March 21, 2005, the district court granted federal habeas relief and ordered retrial or release. The State appealed. On January 29, 2007, the 5th U.S.

Conner petitioned the U.S. Supreme Court for certiorari review on April 27, 2007, and sought a stay of execution on July 17, 2007.

Evidence of future dangerousness and prior history

The State presented evidence of Conner’s prior juvenile and adult conduct. When Conner was ten years old, he broke into an elementary school and was charged with criminal trespass. When he was twelve, he was caught in possession of crack cocaine by a transit patrol officer, and a security officer testified that Conner was very violent for a twelve-year-old.

The material described Conner’s involvement in a robbery attempt in which he tried to take $6 from a woman, whom he knocked down in the process. A probation officer testified that Conner was referred for trespassing, runaway, and possession of cocaine and that for the last offense he was adjudicated a delinquent. When placed on probation, Conner was ordered to participate in drug counseling, tutoring, and a ROPES course to help with personal development. He attended only two of seven drug counseling sessions and did not attend tutoring or the ROPES program. Between September 12, 1991, and September 12, 1992, Conner missed nineteen probation appointments, though he completed probation.

The material described multiple incidents of domestic violence:

• Tamara Ekanem testified about a relationship with Conner and a child with Conner. The material also stated that Ekanem was actually married to someone else while they lived together. Ekanem testified that on May 4, 1995, she got into an argument with Conner after she told him she would go back to her husband. Conner hit Ekanem, threw her on the bed, and choked her; during the process, they rolled over her child who was on the bed. Conner grabbed a stick that was in the child’s hand and hit Ekanem on the leg with it. Ekanem was scratched and bruised in the altercation. Ekanem called the police and went to the police station; photos showed visible choke marks and abrasions on her leg and the back of her neck. Ekanem testified that she did not see Conner again until a year later. When she saw Conner, he told her that if she did not let him see his child, he was going to kill her. Ekanem filed another police report as a result.
• Linda Gaspar testified about another relationship with Conner. On August 6, 1996, Gaspar testified that she got into an argument with Conner; Conner put some covers over her head, hit her with his fists, and she fell and hit the floor. Gaspar sustained black eyes and bruises, called police, and filed charges but did not follow up. In April 1997, Gaspar called police again because Conner slapped her on the face while they were discussing a girl he was seeing. The material stated there were three incidents in which Conner slapped or hit Gaspar.

A Houston Police Department street gang unit officer testified that Conner had tattoos indicating involvement in street gangs, including a teardrop tattoo and a mouse holding a smoking gun, and a tattoo expressing that he believed women were second-class citizens and that money comes first.

Conner’s final statement and demeanor at execution

Conner was scheduled for execution after 6 p.m. on Wednesday, August 22, 2007, and he was executed in Texas by lethal injection.

At the death chamber, Conner asked for permission to speak longer than the usual two to three minutes allotted. The material described that his sisters watched through a window, and Nguyen’s daughter and sister watched through another window. Conner asked Nguyen’s family members to point out Nguyen’s daughter so he could look at her, and he asked her to look at him.

The material included the following quoted statements attributed to Conner:

• “Shed no tears for me,”
• “When I get to the gates of heaven, I'm going to be waiting for you,”
• “I will open my arms for you.”
• “What's happening now, you are suffering,”
• “I didn't mean to hurt y'all.... This is destiny. This is life. This is something I have to do.”
• “unjust and the system is broken,”
• “To Allah I belong and to Allah I return,”

A separate quoted set attributed to Conner in the death chamber included:

• “I want you to understand something: hold no animosity towards me,”
• “I am not mad at you. Even though you don't know me, I love you. I ask y'all in your heart to forgive me.”
• “I didn't mean to hurt you. Continue to live your life and don't be angry at what is happening to me. This is destiny. This is life. Allah wants me home.”
• “What is happening to me now is unjust, and the system is broken,”
• “At the same time I bear witness there is no God but Allah and Prophet Mohammad. Unto Allah I belong unto Allah I return.”

The material stated that after speaking for about three minutes, Conner appeared to have concluded his statement, and the lethal injection was started. He was pronounced dead at 6:20 p.m.

Supreme Court and execution stay efforts

Conner’s petition for certiorari review was pending before the Supreme Court at the time. Conner applied to the Supreme Court for a stay of execution on July 17, 2007. The material also described that Conner’s lawyers lost their final appeal to the Supreme Court about 4 1/2 hours before the execution.

Legal citations and case history references present in the material

The material included:

• Conner v. State, 67 S.W.3d 192 (Tex.Crim.App. 2001) (Direct Appeal), in which the Court of Criminal Appeals affirmed the conviction and sentence.
• Conner v. Quarterman, 477 F.3d 287 (5th Cir. 2007) (Habeas), in which the Fifth Circuit reversed and rendered, denying habeas corpus.