Jose de la Cruz

Case record: Jose de la Cruz

Background

Jose De La Cruz was convicted for the 1988 murder of Domingo Rosas. De La Cruz was 19 years old at the time of the murder and was put to death on May 4, 1999 at the age of 31. De La Cruz was on parole for burglary when he killed Domingo Rosas. He had been released from prison after serving less than 4 months of a 5-year sentence.

Domingo Rosas was 24 years old. Rosas was partially paralyzed and mentally impaired due to an injury in which a television antenna pierced his face and entered his brain, leaving him disabled since the age of 3.

De La Cruz inhaled spray paint fumes and blamed his criminal behavior on this. He said the addiction to inhaling spray paint began at age 10 and that it “was mind-altering,” allowing him to fantasize. De La Cruz described his conduct in interviews as belligerent and hostile earlier in life, and he said that since being on death row he had calmed down and grown.

De La Cruz declined to make a last statement.

The offence

Domingo Rosas was killed by stabbing. De La Cruz stabbed and broke Rosas’ neck. Authorities said Rosas’ attack began while he was in his wheelchair. De La Cruz stole Rosas’ credit cards, Rosas’ driver’s license, Rosas’ television, Roses’ video recorder, and Rosas’ stereo. De La Cruz sold stolen goods for approximately $80.

Before the murder, the Friday night before the murder, De La Cruz was a guest in Rosas’ home and played a drinking game called “quarters” with Rosas until early Saturday morning. After leaving Rosas’ home, De La Cruz returned and killed Rosas in order to steal the television, VCR, and stereo. De La Cruz was observed Saturday morning driving around with a television in his car.

Rosas had been the boyfriend of a cousin.

Investigation

An arresting officer found a large blood-stained knife and a bottle of medicine prescribed to Rosas inside a ditched car after De La Cruz was arrested for public intoxication. When the officer returned to the patrol car, De La Cruz volunteered that the knife was his and repeatedly asked whether it would be returned. De La Cruz then announced at his booking that he was Domingo Rosas, the victim.

De La Cruz led police to some of the stolen property, which was recovered with De La Cruz’ fingerprints. The state produced evidence including that De La Cruz’ clothing and the knife recovered from the ditched car were stained with type-A blood, the same blood type as Rosas. Blood spatters on De La Cruz’ pants indicated that the wearer had forcefully stabbed a seated victim.

After the killing, De La Cruz attempted to withdraw money from Rosas’ savings account at Nueces National Bank, and the teller noticed a discrepancy in the signature. The teller also remembered reading about Rosas’ murder and reported De La Cruz to the police. De La Cruz attempted to withdraw money after being arrested on suspicion of murder, entering Rosas’ bank and attempting to withdraw using Rosas’ bank identification card. The bank, knowing that Rosas was dead, notified police.

Arrest

After killing Rosas, De La Cruz was arrested for public intoxication when he identified himself as Rosas. He was released from jail the next day before Rosas’ body was discovered. This public intoxication arrest occurred when the arresting officer found De La Cruz staggering in the road near a borrowed car that De La Cruz had run into a ditch.

De La Cruz was arrested again a few days later after he entered Rosas’ bank and attempted to withdraw money using Rosas’ bank identification card.

Trial

The trial was put on hold when one of the jurors could not stay for the duration of the trial and District Judge Joaquin Villarreal granted a mistrial. A court reporter spoke with another juror, who revealed that he had already made up his mind about De La Cruz’s guilt before hearing the defense’s testimony. The defense attorney asked for another mistrial but was declined because one had already been granted.

Michael Rendon, De La Cruz’s brother-in-law, testified that De La Cruz returned the morning after the murder with Miguel Rios, who was being held for aggravated robbery in connection with the murder of Rosas.

Testimony from Rios’ family members proved that Rios joined De La Cruz that night but, after the murder. After the trial, De La Cruz told reporters that Rios didn’t do it.

De La Cruz was convicted of robbery and murder on June 7, 1988, and sentenced to death.

Sentencing

De La Cruz received a death sentence after his conviction for robbery and murder.

Appeals

De La Cruz appealed the decision three times even though he volunteered for the death penalty, meaning he would not appeal the decision. During the appeal process, De La Cruz claimed that drugs and little family support were his reason for his criminal actions. All appeals were denied.

De La Cruz declined any appeals after he was proven guilty, and the decision was automatically appealed to the Texas Court of Criminal Appeals. De La Cruz also had an appeal rejected by a federal appeals court more than a year before his execution. De La Cruz asked that no additional legal maneuvers be taken on his behalf.

Outcome

On May 4, 1999, at the age of 31, Jose De La Cruz was put to death by lethal injection in Huntsville, Texas. De La Cruz was pronounced dead at 6:23 p.m., 9 minutes after the lethal injection was started. De La Cruz declined to make a final statement.

As the drugs took effect, he took one deep breath and grunted three times before he stopped breathing.

De La Cruz had been the 175th executed inmate since the death penalty was reinstated in 1976. He was described as the 11th condemned inmate to be put to death in Texas that year, and the 175th overall since the state resumed capital punishment on Dec. 7, 1982.

Aftermath

A death row interview included De La Cruz’ statement: “I've already made amends with myself,” he said in a recent death row interview. “I'm at total peace with my case. I'm not innocent. That man had every right to live just like I did.”

Nueces County District Attorney Carlos Valdez said: “There are some cases where there perhaps is a struggle,” Nueces County District Attorney Carlos Valdez said. “In this case, there was absolutely no justification for the killing. The victim was in a wheelchair and couldn't even defend himself.”

De La Cruz also said in an interview 2 weeks ago: “You could say I was stupid,” De La Cruz said in an interview 2 weeks ago. “It's sad it took this. I had many opportunities to reform but never took them. I've made a hard struggle to educate myself. I was belligerent, hostile. But since I've come here, I've calmed down a lot. I have grown.”

De La Cruz told reporters he did not commit the murder but had delivered the stolen property to a “fence” during discussions with trial counsel. Counsel explained that the state might be willing to arrange a plea agreement if De La Cruz could recover the stolen property, and that any deal would be unenforceable unless De La Cruz was being truthful about his role. De La Cruz declined a plea agreement for 50 years imprisonment and volunteered for the death penalty.

Other details

De La Cruz used stolen items including Rosas’ television, video recorder and stereo, which were later sold. Ray and Irma Flores paid De La Cruz $80 for Rosas’ belongings after Joe Rios declined to buy the television and directed the pair to them. Joe Rios declined to buy a television.

De La Cruz’ parole status at the time of the killing included being on parole for burglary.