Anthony Guy Fuentes

Case identification

Anthony Guy Fuentes

STATUS and outcome

Anthony Guy Fuentes was executed by lethal injection in Texas on November 17, 2004.

Timeline

• February 18, 1994 — Anthony Fuentes and three accomplices robbed the Handi Food Mart in north Houston; Robert Tate was shot twice in the chest and died in a ditch across the street from the store.
• April 23, 1996 — A Harris County grand jury indicted Anthony Fuentes for the capital murder of Robert Tate.
• November 13, 1996 — Fuentes was found guilty of capital murder and the court assessed a sentence of death.
• October 26, 1998 — Fuentes filed an application for writ of habeas corpus in the state trial court.
• April 28, 1999 — The Texas Court of Criminal Appeals affirmed Fuentes’ conviction and sentence.
• November 29, 1999 — The U.S. Supreme Court denied Fuentes’ petition for certiorari review.
• September 13, 2000 — The Texas Court of Criminal Appeals denied habeas relief.
• November 14, 2001 — Fuentes filed a petition for writ of habeas corpus in a U.S. district court in Houston.
• March 28, 2003 — The federal district court denied habeas relief.
• February 11, 2004 — The 5th U.S. Circuit Court of Appeals denied Fuentes permission to appeal.
• June 30, 2004 — The trial court entered an order setting the execution date for November 17, 2004.
• October 4, 2004 — The U.S. Supreme Court denied Fuentes’ petition.
• November 17, 2004 — The lethal injection was administered; Fuentes was pronounced dead at 6:11 p.m.

Background

Anthony Guy Fuentes was scheduled for execution in Texas on November 17, 2004.

Fuentes was 30 years old at execution.

The offence

On February 18, 1994, Fuentes and three accomplices robbed the Handi Food Mart in north Houston. Fuentes and one of his companions brandished pistols.

Robert Tate was drinking beer with friends in the parking lot of the store when he chased one of the bandits after he left the store with two cases of beer. Tate grabbed the accomplice, and the robber dropped the beer. Fuentes then came running out of the store and shot Tate twice in the chest. Tate died in a ditch across the street from the store.

Testimony at trial indicated that Fuentes used a semi-automatic gun. Bullets recovered from Tate’s body were consistent with those used in a 9 millimeter weapon, most commonly semiautomatic.

A witness at the trial identified Fuentes as Tate’s murderer.

Templeton also testified identifying Fuentes.

Investigation and prosecution theory

The jury heard that the Handi Mart was busy with employees of the Swartz Electric Company who had just been paid, cashed their paychecks at the store, and were enjoying a few beers and the company of coworkers outside the premises of the store. Among those gathered was Robert Tate, a regular customer and acquaintance of the proprietors of the Handi Mart and sometime employee of Swartz Electric.

Testimony described that Templeton went directly to the coolers, grabbed two cases of beer, and walked out. Fuentes and Steve Vela walked into the store behind Templeton and pulled out their guns. Vela went to the cashier and demanded money. Fuentes approached the proprietor and a customer standing near the counter. The customer was Raymundo Soria, a high school classmate of Fuentes. Soria followed Fuentes’ orders while hiding his identity in fear that Fuentes would recognize him. James Draffin was walking into the store when he noticed that it was being robbed, then ran to inform co-workers.

Tate gave chase when Templeton left with the beer. Tate caught up to Templeton and grabbed him. Templeton dropped the beer.

Julio Flores testified that Fuentes came out of the store, ran up to Tate and Templeton, and shot Tate twice in the chest. Flores further testified that despite standing five hundred meters from Fuentes, he got a good look at his face and positively identified Fuentes as Tate’s murderer. Flores’ description of Fuentes was consistent with the description given by the proprietor as the man who robbed him in the store.

Flores and Soria positively identified Fuentes in photo lineups.

Templeton testified that although he did not see the shooting, he was under the impression that Fuentes had shot Tate because when he looked back, Fuentes had a gun in his hand and was the one closest to him, and he had not seen Vela near the victim.

Trial

Fuentes was found guilty of capital murder.

During the punishment phase, the State offered evidence of Fuentes’ prior extraneous offenses to prove he constituted a future danger to society and that the instant offense warranted the death penalty.

Prior extraneous offenses presented in punishment phase

Miranda Moreno and Julian Gutierrez testified about an incident where Fuentes shot them both with a shotgun.

On January 29, 1992, Moreno and Gutierrez, along with several of their friends, were out playing pool when Fuentes and Tony Resendez came into the pool hall. Resendez began to argue with Moreno’s cousin, Genesis, so Moreno decided they should leave the pool hall to avoid causing further trouble. Moreno and her friends left and went to a relative’s house where they stayed for a few minutes, then got back into the car to leave. Before they could leave, Resendez approached Julian, who was sitting in the driver’s seat, and stabbed him in the neck through the open window. Julian and his brother John jumped out of the car to pursue Resendez.

Moreno heard a gunshot and turned to see Fuentes standing near the front of the car with a shotgun. John, whom Fuentes had shot in the leg, got back into the car, as did Julian after pleading with Fuentes not to shoot him. While Julian attempted to drive away, Fuentes shot out the back window of the car, hitting Moreno in the left side of her face and Julian in the shoulder. Moreno was hospitalized for a week, forced to undergo eye surgery, and ultimately lost sight in her left eye. She continued to experience pain from the wound that left shotgun pellets, which doctors were unable to remove, in her face. Julian was also hospitalized after suffering the gunshot wound to his shoulder and the stab wound to his neck.

Jose ViraMontez testified about a March 5, 1994 drive-by shooting. ViraMontez and his companions were returning from Walgreens. ViraMontez testified they noticed they were being followed by a white Chevy Blazer. After stopping at a red light, the Blazer pulled up behind ViraMontez’ Cutlas Ciera. Fuentes, sitting in the passenger seat, began shooting at them. Five shots were fired, and the last one hit ViraMontez in the back. ViraMontez testified that as a result, part of his lung was removed and he was unable to work for several months.

The State also elicited testimony regarding Fuentes’ prior arrests for auto theft in October 1992 and for illegal possession of a weapon in February 1992.

Character and mitigation testimony

The defense presented multiple witnesses who testified about Fuentes’ general good character and benevolent nature and offered opinions that he had redeeming social values that should lead to life instead of death.

Family members testified on Fuentes’ behalf, including Fuentes’ mother Tammy Reeves, half-sister Amy Marie Fuentes, aunt Pamula Gonzalez, cousin Christian Vargas, fiancee Natalie Robles, and grandfather Guy Landrum.

Testimony included that Fuentes was a loving brother and cousin, was well behaved, and did not start trouble. Fuentes’ fiancee testified he had provided for her and helped her through surgery and wanted a child. Fuentes’ mother and grandfather provided background from his childhood and a list of activities he participated in during school. Fuentes went to live with his grandparents when he was five years old. He played football, ran track, took karate lessons, played the trumpet and tuba in band, was a good student who could read and write German, and was gifted in math, music, and electronics. His grandfather testified that Fuentes was deeply and traumatically affected by the sudden death of his grandmother.

Two former teachers from Hamilton Middle School, Helen Filenko and Martha Pauler, testified Fuentes was a good student, respectful, well behaved, and accepted in the Vanguard Program, an accelerated program for gifted students. Marjorie Kirkland, the director of the private school where Fuentes attended his junior and senior years of high school, stated he remembered him as respectful and polite with redeeming qualities and no behavioral problems.

Numerous friends testified, including Doris Medina, Benny DeMarco, Ernie Hill, Romero Aguilar, Barbara Van Curen, and Sieglinde Reub.

Jury verdict and death sentence

The jury’s verdicts required the trial court to sentence Fuentes to death.

Sentencing

Fuentes received a sentence of death after being found guilty of capital murder.

Appeals

Direct appeal

The Texas Court of Criminal Appeals affirmed Fuentes’ conviction and sentence.

The U.S. Supreme Court denied certiorari.

State habeas corpus

Fuentes filed an application for writ of habeas corpus in the state trial court. The Texas Court of Criminal Appeals denied habeas relief.

Federal habeas corpus and certificate of appealability

After state post-conviction proceedings, Fuentes filed a petition for writ of habeas corpus in a U.S. district court in Houston. The federal district court denied habeas relief.

The 5th U.S. The U.S.

A request for a certificate of appealability was denied in the federal habeas proceedings.

Final statement and execution

Fuentes made the following final statement:

"Sorry that I have to put my family through this. To everybody else, the truth will be known. It didn't come out in time to save my life. But when it comes out I hope it stops this. It is wrong for the prosecutors to lie and make witnesses say what they need them to say. The truth has always been there. I just hope everybody has their peace. Today I get mine."

The lethal injection was administered, and Fuentes was pronounced dead at 6:11 p.m.

Final meal

Fuentes’ final meal was fried chicken with biscuits and jalapeno peppers, steak and french fries, fajita tacos, pizza, a hamburger, water and Coca-Cola.

Other details

Indictment and conviction details

A Harris County grand jury indicted Fuentes for the capital murder of Robert Tate.

Fuentes was convicted of capital murder in November 1996.

Prior criminal history described

In January 1992, Fuentes, armed with a shotgun, shot a man in the leg. Fuentes pled guilty to a misdemeanor charge and served a year in the Harris County Jail for the shooting.

In March 1994, Fuentes shot a man in the back while the victim was sitting in a car. Fuentes was placed on probation after pleading guilty to an attempted murder charge for the shooting.

Other individuals mentioned in proceedings

Other individuals repeatedly discussed in relation to the robbery and/or punishment phase included:

• Kelvin Templeton (accomplice who testified; sentenced to 15 years; paroled in April 2004)
• Steven Vela (accomplice; sentenced to 16 years)
• Terrell Lincoln (fourth member of the group, implicated in the robbery)
• Robert Tate (victim; 28)
• Raymundo Soria (customer inside store during robbery)
• James Draffin (witness while robbery occurred)
• Julio Flores (witness who testified at trial and identified Fuentes)
• Miranda Moreno and Julian Gutierrez (testified about prior shotgun incident)
• Tony Resendez and Genesis (mentioned in the January 29, 1992 incident)
• John (mentioned in the January 29, 1992 incident as brother of Julian who pursued Resendez)
• Jose ViraMontez (testified about March 5, 1994 drive-by shooting)
• Robert Baldwin (identified in habeas allegations regarding firearms expert testimony)
• Tammy Reeves (mother)
• Amy Marie Fuentes (half-sister)
• Pamula Gonzalez (aunt)
• Christian Vargas (cousin)
• Natalie Robles (fiancee)
• Guy Landrum (grandfather)

Execution-day reporting details included in the record

Fuentes was scheduled to be executed after 6 p.m. on Tuesday, November 17, 2004.

He was described as having been on death row for seven years in one account.

His grandfather and two sisters were described as among those watching him die, along with two of Tate’s brothers.