Andrew Perez Flores

Timeline

• October 7, 1990 — Flores was arrested on a felony charge of unauthorized use of a motor vehicle.
• August 11, 1993 — A Bexar County grand jury indicted Flores for the robbery and killing of Juan Moreno.
• July 26, 1993 — Flores and an accomplice, Joseph Fritz, entered a Stop-N-Go convenience store and robbed and killed Juan Moreno.
• April 4, 1994 — A jury found Flores guilty of capital murder and the court assessed a sentence of death.
• 1990s — Flores received deferred adjudication for unauthorized use of a motor vehicle.
• 1991 — Flores was convicted of shoplifting.
• 1992 — Flores was convicted of unlawfully carrying a weapon.
• March 20, 1996 — The Texas Court of Criminal appeals affirmed Flores’ conviction and sentence.
• November 1, 1996 — Flores filed an application for writ of habeas corpus in the state trial court.
• December 2, 1996 — The U.S. Supreme Court denied certiorari review off direct appeal.
• October 7, 1998 — The Court of Criminal Appeals denied habeas relief.
• June 1, 1999 — Flores filed a petition for writ of habeas corpus in a San Antonio federal district court.
• March 31, 2003 — The federal court denied habeas relief.
• October 28, 2003 — The 5th Circuit Court of Appeals denied Flores permission to appeal.
• January 23, 2004 — Flores petitioned the U.S. Supreme Court for certiorari review.
• April 5, 2004 — The Supreme Court denied certiorari review off federal habeas.
• May 10, 2004 — The trial court entered an order setting the execution date for Sept. 21, 2004.
• Friday, September 17, 2004 — Texas Attorney General Greg Abbott issued information about Andrew Perez Flores being scheduled for execution after 6 p.m. Tuesday, September 21, 2004.
• Tuesday, September 21, 2004 — Flores was executed by lethal injection in Texas and pronounced dead at 6:20 p.m.

Background

Andrew Perez Flores was known as “Showtime” in San Antonio and led a street gang. The jury was advised of his ongoing gang activities and prior record during the sentencing hearing.

Flores declined to be interviewed by reporters while on death row.

Flores was diagnosed with organic affective disorder and developmental mental disorder. Flores had a history of mental illness, and allegations included childhood physical and sexual abuse and long-term drug and alcohol abuse.

The offence

On July 26, 1993, Flores and an accomplice, Joseph Fritz, entered a Stop-N-Go convenience store in the 3600 block of Southwest Military Drive. Flores pointed a handgun at store clerk Juan Moreno and demanded money from the cash register. Moreno stuffed the money from the cash drawer into a plastic grocery sack and handed it to Flores.

Flores demanded the keys to Moreno’s car, which was parked in front of the store. Moreno begged Flores not to take his car. Moreno knelt behind the counter and raised his arms in front of him as if trying to shield himself.

Flores leaned over the counter, pointed the gun at Moreno’s head, and fired a single bullet into Moreno’s brain. Moreno slumped to the floor. Flores and Fritz quickly left the store.

Moments later, Flores reentered the store, walked behind the counter where Moreno lay bleeding, and began to search Moreno’s pockets for his keys. Flores took the keys and again exited the store. Fritz was able to break into Moreno’s car, but Flores could not locate the key that fit the ignition. Flores and Fritz finally fled the scene on foot.

A surveillance-camera captured the robbery and murder in their entirety. Both Flores and Fritz were recognized after the tape was aired on television stations, and they were arrested within hours of the shooting.

The robbery netted $44 or $45 as described in different parts of the case record.

Investigation / evidence

A surveillance-camera recorded the robbery and the murder. The video was later shown during the punishment phase of Flores’s trial.

Flores confessed to the crime and gave to authorities cash taken in the robbery and the .22-caliber handgun used in the slaying.

Arrest

Flores and his accomplice were arrested within hours of the shooting after being recognized from surveillance footage aired on local television.

Trial

Flores was indicted by a Bexar County grand jury for the robbery and killing of Juan Moreno on August 11, 1993.

Flores pleaded guilty to capital murder as his trial was about to get under way. At trial, a jury found Flores guilty of capital murder and assessed a sentence of death on April 4, 1994.

During the punishment phase, witnesses were told Flores led a street gang that recruited fourth-graders to fight and steal for him. Jurors were also shown the video recording the murder.

Testimony at trial indicated Flores and Fritz could not drive off in Moreno’s car because Flores took the wrong keys from Moreno’s pocket.

Joseph Fritz was convicted of capital murder for being the lookout during the robbery and received a life prison term.

Sentencing

After a sentencing hearing where the jury was advised of Flores’s ongoing gang activities and prior record, the jury sentenced Flores to death.

Appeals

State proceedings

The Texas Court of Criminal Appeals affirmed Flores’s conviction and sentence on March 20, 1996.

Flores filed an application for writ of habeas corpus in the state trial court on November 1, 1996. The U.S. Supreme Court denied certiorari review off direct appeal on December 2, 1996. The Court of Criminal Appeals denied habeas relief on October 7, 1998.

Federal proceedings

Flores filed a petition for writ of habeas corpus in a San Antonio federal district court on June 1, 1999. The federal court denied habeas relief on March 31, 2003.

The Court of Appeals denied Flores permission to appeal on October 28, 2003. Flores petitioned the U.S. Supreme Court for certiorari review on January 23, 2004, and the Supreme Court denied certiorari review off federal habeas on April 5, 2004.

In Flores v. Dretke, the Court of Appeals addressed Flores’s competency to plead guilty, ineffective assistance of counsel claims, and issues related to mitigation evidence. The application was denied.

Outcome

Flores was executed by lethal injection in Texas on September 21, 2004. He was pronounced dead at 6:20 p.m.

In a commutation process, Flores’s commutation request was rejected by the Texas Board of Pardons and Paroles by a 6-0 vote.

Aftermath

Flores’s final meal consisted of: barbecue ribs, barbecue chicken, fried chicken, beef fajitas, chicken fajitas, one beef steak, mashed potatoes, pinto beans, 10 flour tortillas, two chalupas, three tamales, salad with Thousand Island dressing, five soft drinks and one pint of vanilla ice cream.

Flores’s final words were:

"Today I go home to the Lord. But first I have to say something. I am real sorry. I took a family member's life and I shouldn't have. I hope that you can move on. I'm just sorry. I can't bring anyone back. I would if I could. I won't ask for your forgiveness. God will be my judge." Flores then turned and expressed his love to his friends and relatives, including his sobbing mother and sister. He said: "Be strong and I will see you all, hopefully not soon. Keep your head up." Flores also told Moreno’s wife: "I am real sorry. I took a family member's life and I shouldn't have. I hope that you can move on. I'm just sorry. I can't bring anyone back. I would if I could. I won't ask for your forgiveness. God will be my judge."

Other details

Flores was scheduled for execution after 6 p.m. on Tuesday, September 21, 2004.

Prior criminal history included deferred adjudication for unauthorized use of a motor vehicle and later misdemeanor convictions for shoplifting (1991) and unlawfully carrying a weapon (1992).

A juror affidavit was mentioned alleging the juror would have favored a life sentence over death had mitigating circumstances been known. The mitigating circumstances discussed included long-term drug and alcohol abuse, intoxication at the time of the offense, and claims of physical and sexual abuse.

Flores’s appellate attorney argued Flores received ineffective assistance of counsel, including failure to have an independent psychiatric evaluation conducted, failure to inform the jury of mitigating factors, and failure to make known evidence of Flores’s long-term drug and alcohol abuse and childhood abuse allegations.

Testimony mentioned Flores attended at least 3 different high schools before dropping out to help his mother make enough money to provide for their family. Flores also had a young son.

A 14-year-old girl testified about how Flores and other gang members tried to rape her.