David Oliver Cruz

Case details

David Oliver Cruz was convicted and sentenced to death for the August 1988 rape and murder of 24-year-old Kelly Donovan.

Kelly Donovan was a linguist in the Air Force, stationed at Kelly Air Force Base in San Antonio. On the night she was murdered, Donovan left her dorm room to go for a walk after work.

Cruz and his friend, Jerry Daren Kemplin, kidnapped Donovan as they drove home from a party where they had engaged in binge drinking.

The offence

Donovan was walking on the road that Cruz and Kemplin were driving down. After forcing Donovan into the car, Cruz and Kemplin drove her to a secluded area. Cruz and Kemplin demanded that Donovan take off her clothes. Cruz told Donovan to lie on the ground and Cruz raped her while Kemplin stayed in the car listening to the radio and smoking a cigarette.

After about 10 minutes, Cruz told Donovan to get to her feet and to come around to the back of the car, where Cruz raped her again. Cruz asked Kemplin if he wanted to rape Donovan, but Kemplin refused.

As Donovan lay on the ground crying, Cruz remarked to Kemplin, "That's all I need to do is go to jail for rape." Cruz then went to the car, got a knife, and stabbed Donovan repeatedly. Cruz stabbed Donovan to death and left her body alongside the road.

Investigation and evidence

Cruz called police when he heard they were looking for him. He provided blood and saliva samples that linked him to Kelly Donovan’s murder. Cruz also gave police a detailed statement about the murder.

Kemplin corroborated Cruz’s confession. Cruz gave a written statement to police admitting that he killed Kelly Donovan. After raping Donovan, Cruz told Kemplin that he did not want Donovan to identify them. Shortly after that, Cruz got a knife and stabbed Donovan to death.

When Cruz returned the bloody murder weapon to his friend, he told him that he had just raped and killed Kelly Donovan. When Cruz was confronted by another friend with a newspaper article about the murder, Cruz again claimed responsibility for killing Kelly Donovan.

Cruz also admitted that in the days following the rape and murder of Kelly Donovan, he had killed at least three other people.

Arrest

Ten days before Donovan’s murder, Cruz was found guilty of resisting arrest and was sentenced to five days in jail. Details about the reason for the arrest were not available.

Trial

Cruz and Kemplin were convicted in the abduction, rape and murder of 24-year-old Kelly Elizabeth Donovan, a senior airman stationed at Kelly Air Force Base in San Antonio.

During the punishment phase of the trial, a witness testified that Cruz had shot him with a shotgun, and that the witness suffered minor injuries.

During the punishment phase of the trial, two police officers testified about an incident where Cruz resisted arrest on some traffic warrants. Cruz kicked one officer in the chest, groin and face, threatened to kill both officers.

A Bexar County detention officer testified during the punishment phase of the trial that Cruz hit one inmate, knocking him to the ground, while the inmate was in jail in 1988. Another detention officer testified that he saw Cruz and another inmate in a fight, which Cruz later said was started because of a racially motivated encounter on his part.

During the guilt phase of the trial, Kemplin testified that Cruz mouthed a threat to him after Kemplin’s testimony, telling Kemplin that he messed up by testifying and that he was going to be dead.

The jury heard testimony from expert witnesses about Cruz’s alleged diminished mental capacity. The jury was instructed to consider this issue in Cruz’s favor before determining his sentence.

The jury also heard about Cruz’s IQ testing, with different IQ tests presented during his trial and appeals. Cruz scored 64 and 76 in different IQ tests.

Sentencing

In October 1989, Cruz was convicted and sentenced to death for the August 1988 rape and murder of 24-year-old Kelly Donovan.

Kemplin accepted a plea bargain in exchange for his testimony against Cruz. Kemplin was sentenced to 65 years in prison and was eligible for parole in 2004.

Timeline

• August 1988 — Kelly Donovan was abducted, raped, and murdered.
• October 1989 — Cruz was convicted and sentenced to death for the August 1988 rape and murder of Kelly Donovan.
• June 23, 1993 — Texas Court of Criminal Appeals affirmed Cruz’s capital conviction.
• Oct. 31, 1994 — United States Supreme Court denied Cruz’s petition for writ of certiorari.
• Oct. 15, 1997 — Court of Criminal Appeals denied State habeas relief.
• Nov. 09, 1999 — District court entered final judgement denying Cruz’s federal habeas petition.
• July 21, 2000 — Fifth Circuit Court of Appeals denied federal habeas relief.
• August 9, 2000 — Cruz was executed by lethal injection in Texas.

Appeals

• **Oct.
• **Oct.
• **Nov.

Cruz filed a petition for clemency with the Texas Board of Pardons and Paroles.

Outcome

Cruz was executed by lethal injection on August 9, 2000 in Texas.

Cruz was pronounced dead at 6:50 p.m. Execution began at about 6:30 p.m. because another prisoner, Brian Roberson, was being executed at the customary 6:00 p.m. time.

Aftermath

The Texas Board of Pardons and Paroles denied Cruz’s request for a stay by an 18-0 vote.

The U.S. Supreme Court rejected Cruz’s appeal by a 6-3 vote. Lieutenant Governor Rick Perry, acting governor because Gov. George W. Bush was out of the state, declined to grant Cruz an emergency 30-day stay.

In Cruz’s last statement, Cruz said:

"First of all, I want to apologize to the family of Kelly Elizabeth Donovan. I'm sorry for what I did to her twelve years ago. I wish they could forgive me for what I did. I am sorry. I'm sorry for hurting my family; I'm sorry for hurting my friends. Please forgive me. Take me home, Jesus, I'm ready. I love you all."

Cruz had said in an interview: "I know I was wrong." "I feel real bad about it," he said. "There's nothing I can do or say to bring the person back. There's nothing I can do or say to her family about how sorry I am."

In another part of the case narrative, Cruz said:

"I made a mistake. I don't blame nobody. I take full responsibility,"
and "There's nothing I could do or say to bring the person back. There's nothing I could do or say to her family about how sorry I am."

Other details

Cruz had admitted his guilt for the crime.

Cruz blamed the attack on drug use that began for him at age 13. He said he and Kemplin had taken LSD and drank "a couple of bottles of liquor."

Cruz said, "She was just someone." and "I don't expect nobody to have pity on me."

Cruz’s attorney, Jeff Pokorak, argued that a jury was not given enough information about Cruz’s lifelong mental impairment. A senior airman, Kelly Donovan, was described as 24 years old. Kelly Donovan was from Rumson, N.J.

Bexar County District Attorney Susan Reed said a recently uncovered test administered by the Texas Department of Criminal Justice when Cruz entered prison in 1989 showed his IQ at 83. Prosecutors noted that the jury was aware of Cruz’s mental capacities and it was their decision to impose the death sentence. There was also mention of a surprise move on the day before his execution, when prosecutors presented an IQ test Cruz took when entering prison, on which he scored 83.

Cruz’s execution was discussed alongside another execution of Brian Keith Roberson. Roberson was executed earlier on August 9, 2000. Roberson was condemned for the 1986 stabbing deaths of an elderly couple who lived across the street from him in Dallas, and he died at 6:17 p.m. CDT.

“You ain't got what you want,”
and "I want to tell all the “racist white folks that hate blacks” and all the “black folks who hate themselves” that in the words of his brother Nat Turner, “You all can kiss by black a**. I'm ready. Let's go. I'll see you when you get there.”

A clemency and humanitarian appeal was sent regarding Oliver Cruz. A letter addressed to "Dear Governor Bush" included:

"We, as the representatives of the Presidency of the European Union, France, together with the next president, Sweden, and the European Commission wish to convey to you an urgent humanitarian appeal by the EU on behalf of Mr. Oliver Cruz. We make this request pursuant to the European Union’s policy of seeking a global moratorium on the use of the death penalty, which we have long renounced in Europe. The execution of Mr. Cruz, a U.S. citizen, is scheduled to be carried out by Texas State Authorities on August 9, 2000. Mr. Cruz is considered by many experts to have deficient mental capacity and is considered mentally retarded, as stated by expert witnesses at his trial. We urge you to demonstrate compassion with regard to this case. While Mr. Cruz has admitted his guilt for the crime, it is our opinion that his execution would additionally violate the United Nations Economic and Social Council (ECOSOC) Resolution 1989/64 of 24 May 1989 on the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty. This resolution recommends that United Nations Member States eliminate the death penalty for persons suffering from mental retardation or extremely limited mental competence, whether at the stage of sentence or execution. The EU considers that the execution of Mr. Cruz would be contrary to these generally accepted human rights norms. The European Union respectfully urges you to commute Mr. Cruz’s sentence to any other such penalty compatible with International law."

The letter was signed:

"Sincerely, François Barry Delongchamps Chargé d'Affaires, a.i. of France to the US Bo Eriksson Chargé d'Affaires, a.i. of Sweden John Richardson Chargé d'Affaires, a.i. to the US Delegation of the European Commission."