John Dewberry

Case details

Defendant: John Curtis Dewberry Victim: Elmer Rode Jurisdiction/Court: Texas Court of Criminal Appeals Case reference: opinion 72,640 — Holland, J.; opinion 72,640 — Womack, J.

Timeline

• November 25, 1996 — Sentenced to death.
• June 22, 2005 — Commuted to life in prison.

Background

John Curtis Dewberry had been placed under supervision that involved juvenile probation officers Katie Durio and Ruth Hall. During the punishment stage, they testified that Dewberry’s records contained twelve “referrals” for offenses committed while under their supervision, including burglaries, other property crimes, and drug offenses. They testified Dewberry was a “violent” person and that he was a leader who “instigated things.” They said he was “very bright until he [did not] get his way” and “manipulative” when he lost his temper. They testified Dewberry was ultimately committed to the Texas Youth Commission (“T.Y.C.”).

Mitchell King testified that he had been staying with Dewberry and his brother since August 1994, and that a week before Christmas Dewberry asked if he “knew about making some money.” Dewberry told King he knew a man “that had some money and [Dewberry] could go and burglarize his house and take the money, get the money.” Dewberry also told King, “he knew the guy had a lot of money, had a lot of stuff, so [they could] get some money for Christmas.” King testified Dewberry said they were “going to have to shoot [the owner of the house to] get our money.” When King asked why Dewberry wanted to kill the owner, Dewberry replied “it was something personal” between him and the guy.

Gaye Bailey testified she knew Dewberry and that he had a bad reputation for being a peaceful and law-abiding citizen. She testified Dewberry had a “very violent character.”

Laci Bailey Girior, Dewberry’s former girlfriend, testified that when she broke up with Dewberry, he broke into her house, stealing items of monetary and sentimental value. She testified Dewberry carried a knife during the time they dated. While Dewberry was in T.Y.C., she testified he threatened to rape and kill Girior when he got out, and that he never demonstrated “any kind of conscience for the things that he did that were bad.”

Steve Young testified for the State. Young told the Court that, in his opinion, Dewberry had a violent character. Young stated that while dating Dewberry’s mother he became acquainted with Dewberry prior to Dewberry’s T.Y.C. incarceration. Young testified he witnessed Dewberry kill an armadillo with a bayonet and that on another occasion he saw Dewberry in possession of brass knuckles.

The offence

The trial court addressed capital murder and robbery arising from the death of Elmer Rode.

The opinion described that Dewberry planned weeks before the offense to carry out a murder and robbery.

Joshua Vickers testified that he sold Dewberry a sawed-off, 20-gauge shotgun after Thanksgiving 1994. Vickers testified Dewberry told him he wanted the gun for “a jack move,” which Vickers understood to mean a hijack.

The opinion described the killing of Rode as brutal. Ginger Rode, Rode’s sister, discovered Rode’s body in his apartment on Christmas Day.

The opinion stated that Dewberry planned the capital murder of Elmer Rode, carried it out methodically and brutally, and showed no remorse or contrition for his actions.

Investigation

Officer Daniel Holloway of the Beaumont Police Department testified he was dispatched to the scene and found Rode lying on the floor in the living room. Holloway testified Rode’s hands were tied behind his back with a telephone cord, and Rode’s feet were tied together with a belt. Holloway testified a pillow with bullet holes was lying across Rode’s head.

After Rode’s funeral, Ginger discovered her brother’s pawn ticket for the .22 caliber pistol while cleaning his house. The opinion stated the State later proved this pistol was stolen from Rode by Dewberry and/or his brother and was used to shoot Rode.

The forensic pathologist testified there were four small caliber gunshot wounds and one contact shotgun wound to Rode’s head. The pathologist found evidence indicating Rode was beaten up and strangled at some point. The opinion stated abrasions on Rode’s wrists suggested Rode struggled against his bonds before he was killed.

The opinion stated the State introduced evidence showing Rode was robbed. It described that the bedroom was ransacked, and the bedroom door was removed from its hinges. A VCR in an unopened box, along with another VCR, were stolen from the residence. Rode’s pickup truck was also missing.

Arrest and custody

The opinion described that the State proved Dewberry attempted to escape from custody while awaiting trial. A deputy sheriff testified that while transporting Dewberry and three other inmates back from a dentist’s office Dewberry and another inmate, Keith Gulley, escaped from the county van. The deputy testified that while the van was stopped at a traffic light, Dewberry and Gulley burst from the back door and ran away, and that they were found a short time later hiding in a field not far from where they fled. The opinion stated they had removed their handcuffs with a key that Gulley had acquired.

Trial

Prosecution evidence linking Dewberry

Mark Bilfafano provided evidence implicating both Dewberry and his brother, Chris. Bilfafano testified that Dewberry, accompanied by Chris, showed up at his house on December 24th. Bilfafano testified Dewberry wore surgical gloves and was driving Rode’s pick-up truck. Bilfafano testified he saw two VCRs and a handgun (which looked like a .22 caliber pistol) in the truck. Bilfafano testified Dewberry was in possession of a shotgun which “looked like” the weapon that the State alleged Dewberry used to kill Rode.

B ilfafano testified he accompanied Dewberry and Chris to leave Rode’s truck in a shopping center parking lot in Vidor, Texas. En route, Chris told Bilfafano “they killed somebody.” Before leaving Vidor, Dewberry wiped down the truck.

The opinion stated Bilfafano’s testimony indicated Dewberry showed no remorse after the murder. On the way back to Beaumont, Dewberry threw the keys to the pickup into the Neches River. Bilfafano testified he saw Dewberry in possession of about $400 in cash. Bilfafano testified Dewberry told him “we had to take care of business,” that Chris “chickened out,” and that “they tied [Rode] up.” The opinion stated Dewberry also informed Bilfafano “they killed somebody and they just laughed about it.”

Pawn and exchange evidence

The opinion stated the evidence at trial showed Dewberry and Chris exchanged the two VCRs and the .22 caliber pistol with Bobby Trevino for $50 and 5 or 6 stones of “crack.” Trevino refused the shotgun after Chris told him “they put a pillow over a guy and blasted him with the [it].”

Escape evidence used during punishment stage

The opinion stated the State admitted details from the offense reports of Dewberry’s escape from the van through the cross-examination of one of Dewberry’s expert witnesses. The opinion stated the offense reports included statements from the third and fourth inmates in the van who both indicated Dewberry was a willing and active participant in the escape.

Witness and expert testimony during punishment stage

Two juvenile probation officers, Katie Durio and Ruth Hall, testified during the punishment stage. They testified about Dewberry’s supervision history and described his character while under their supervision as well as his behavior and leadership.

Two officers supervised Dewberry while he was incarcerated and testified during punishment. A corrections officer testified that during a shakedown of Dewberry’s single-man cell, Dewberry was found in possession of razor blades and sharpened paper clips which could have been used as or to fashion weapons. Another corrections officer testified that Dewberry was belligerent towards officers, “constantly cursing at us, making sexual references and preferences to us, what he wanted to do to us, what he thought we should do.” The same officer testified that in a separate incident the officer discovered a bag in Dewberry’s single-man cell containing 20 whole razor blades.

The State’s psychiatric expert testified that review of Dewberry’s history and the facts of the instant case indicated “that [appellant] would pose a potential for danger in the future. So I would consider him to be likely to be dangerous in the future.”

Sentencing

The opinion concluded that Dewberry, in carrying out the crime, exhibited a callous and wanton disregard for human life. It stated that a jury could rationally infer future dangerousness from the brutality of the offense, citing Sonnier v. State, 913 S.W.2d 511, 517 (Tex. Crim. App. 1995).

The opinion stated future dangerousness may be supported in part by evidence of lack of remorse or contrition, citing Rachal v. State, 917 S.W.2d 799, 806 (Tex. Crim. App. 1996), cert. denied, U.S., 117 S.Ct. 614 (1996).

The opinion concluded the brutal nature of the murder/robbery of Rode, and Dewberry’s lack of contrition and remorse, were sufficient for the jury to find Dewberry would be a continuing threat to society, citing Allridge v. State, 850 S.W.2d at 488-89; Rachal, supra; Sonnier, supra.

The opinion stated that when combined with other evidence presented during the punishment stage, the evidence was sufficient for a rational jury to conclude beyond a reasonable doubt that Dewberry posed a future danger to society.

Outcome

Dewberry was sentenced to death on November 25, 1996. The sentence was commuted to life in prison on June 22, 2005.

Other details

• The pathologist testified Rode was killed “around” December 23rd.
• Appellant was incarcerated in the Texas Youth Commission for this burglary.