Frank Martinez Garcia

Case details

Name: Frank Martinez Garcia TDCJ Number: 999418 Date of Birth: 10/21/1972 Age at time of offence: 28 (born 10/21/1972; offence dated 03/29/2001) Gender: Male Race: Hispanic Hair color: Black Eye color: Brown Height: 5' 6" Weight: 169 Education: 12 years Occupation: auto body painter, truck driver, auto mechanic, laborer

Timeline

• 03/29/2001 — In San Antonio, Texas, Garcia fatally shot 2 victims during an incident that began as a domestic dispute between Garcia and his 21 year old Hispanic female wife; the San Antonio Police Officer who responded was the first victim.
• 09/18/2001 — A Bexar County grand jury indicted Garcia for capital murder.
• 02/04/2002 — The guilt-innocence phase of Garcia’s capital murder trial commenced.
• 02/08/2002 — After deliberating less than three hours, Garcia’s jury returned a verdict of guilty.
• 02/11/2002 — After deliberating approximately four hours, Garcia’s jury returned its verdict in the punishment phase and the trial court imposed a sentence of death.
• 01/21/2004 — The Texas Court of Criminal Appeals affirmed Garcia’s conviction and sentence on direct appeal.
• 06/20/2007 — The Texas Court of Criminal Appeals denied Garcia’s application for habeas corpus relief.
• 06/11/2008 — Garcia filed a petition for writ of habeas corpus in the U.S. District Court for the Western District of Texas, San Antonio Division.
• 12/14/2009 — The federal court denied Garcia’s petition.
• 08/09/2010 — The U.S. Court of Appeals for the Fifth Circuit rejected Garcia’s appeal.
• 11/03/2010 — Garcia filed a petition for writ of certiorari in the U.S. Supreme Court.
• 03/07/2011 — The U.S. Supreme Court denied certiorari review.
• 10/27/2011 — Garcia was executed by lethal injection in Texas.

Background

Garcia lived with his wife, their children, and Garcia’s parents at the home where the shootings occurred. The incident began as a domestic dispute between Garcia and his 21 year old Hispanic female wife. Evidence at trial described their relationship as involving domestic abuse, including testimony that his wife sought help from a women’s shelter at least once.

The offence

On 03/29/2001, in San Antonio, Texas, Garcia fatally shot 2 victims. The San Antonio Police Officer who responded to the disturbance call was the first victim.

Garcia shot the responding San Antonio Police Officer 3 times, resulting in his death. Garcia then shot his wife 6 times, resulting in her death. Their 5 year old daughter witnessed both murders.

Garcia also shot and wounded the uncle of his wife during the incident. During the incident, Garcia fired shots outside the home, wounding one person and damaging a nearby elementary school.

Garcia surrendered to police and later gave a formal, written statement admitting intentionally killing both the police officer and his wife.

Victims

• San Antonio Police Officer Hector Garza, age 49 (also referenced as 48 in some accounts), veteran of the San Antonio Police Department with 25 years on the force when he was killed on 03/29/2001; he was shot four times.
• Jessica Garcia, wife of Garcia; she was shot and killed (three gunshot wounds were described in trial and post-conviction material).
• John Luna, adult bystander; he was shot and wounded in the leg and received medical care.
• Uncle of Jessica Garcia (name not provided in the source extract); he was shot and wounded.

Investigation

The incident was investigated following Garcia’s domestic disturbance call. Evidence included autopsy findings for Officer Hector Garza and for Jessica Garcia, as well as forensic and firearms evidence about weapons used at the scene.

Witnesses testified about Garcia firing two different weapons at persons located outside the residence on the morning of the fatal shootings. Ballistics evidence about shell casings and bullet fragments, and evidence about blood, blood spatter, and other trace evidence recovered from the crime scene and Garcia’s clothing were presented.

Garcia’s formal, written statement was executed only hours after the fatal shootings. In that statement, Garcia admitted he deliberately fired at Officer Garza’s head multiple times and then turned his weapon on his wife.

Arrest

Garcia was arrested after he surrendered to police. Testimony from the San Antonio Police Officer who arrested Garcia stated that the officer knocked repeatedly and announced himself before entering the Garcia residence; heard a box of bullets hit the floor and footsteps; heard a rifle racking and smelled gunpowder and blood; and that Garcia came out pointing an assault rifle at the officer. When Garcia saw the officer’s weapon, Garcia retreated, shouted "I give up", and threw down his rifle, and then offered no resistance.

During the punishment phase evidence, prosecutors also presented testimony regarding Garcia’s behavior and statements after his arrest, including that he responded to a reporter’s question with a vitriolic epithet.

Trial

Charges

Garcia was indicted by a Bexar County grand jury on 09/18/2001 for capital murder: intentionally and knowingly causing the death of Hector Garza by fatally shooting Garza with a firearm while Garza was acting in the discharge of his official duty as a police officer.

Guilt-innocence phase

The guilt-innocence phase commenced on 02/04/2002.

Garcia’s jury heard:

• expert testimony about the MAC-10 semi-automatic weapon and the Egyptian-made AK-47 assault rifle Garcia used to shoot Officer Garza and Jessica;
• ballistics evidence about shell casings and bullet fragments;
• testimony about blood, blood spatter, and other trace evidence recovered from the scene and Garcia’s clothing.

The expert and forensic testimony corroborated portions of Garcia’s written statement in which he admitted emptying both the semi-automatic pistol and assault rifle following the fatal shooting of Officer Garza and Jessica.

The defense presented no witnesses or other evidence during the guilt-innocence phase.

On 02/08/2002, after deliberating less than three hours, the jury returned a verdict of guilty.

Punishment phase

The punishment phase commenced on the afternoon of 02/08/2002.

After deliberating approximately four hours on 02/11/2002, the jury returned verdicts finding:

• a reasonable probability Garcia would commit criminal acts of violence constituting a continuing threat to society; and
• taking into consideration all evidence, there were insufficient mitigating circumstances to warrant life imprisonment instead of a death sentence.

The trial court imposed the sentence of death.

Evidence introduced at punishment phase

Prosecutors presented evidence that included:

• Garcia responded to a reporter’s question with a vitriolic epithet while being taken to booking after the fatal shootings.
• Police found photographs inside the Garcia residence showing Garcia and Jessica each brandishing weapons.
• In 1992, Garcia identified himself as a member of a street gang known as the “Angels of Sin”, described as engaging in drive-by shootings, drug-dealing, aggravated assaults, and other felonies.
• During his rampage, Garcia pointed and fired his weapon at the vice-principal of a nearby elementary school, striking the front door of the school.
• On one occasion in December 1994, Jessica Garcia sought protection of the Battered Women’s Shelter after alleging Garcia physically assaulted and emotionally abused her.
• Garcia threatened to shoot a teenage neighbor whom Garcia believed had fired at his vehicle.
• A co-worker of Jessica Garcia saw marks and bruises on Jessica on several occasions, and Jessica once told the co-worker that Garcia forcibly cut Jessica’s hair.
• Officer Garza’s death left a painful void in his family.

The defense presented witnesses that included:

• testimony that Garcia had not engaged in violent conduct while detained awaiting trial;
• testimony that Garcia was “very nice, responsible,” “very loving,” and could get the job done;
• testimony from Garcia’s priest that the priest never saw bruises on Jessica and never saw anything that led him to believe Jessica was afraid of Garcia.

Jury verdict and sentence

Garcia was sentenced to death on 02/11/2002.

Appeals

Direct appeal

On direct appeal, the Texas Court of Criminal Appeals affirmed the judgment of the trial court and overruled points of error. The opinion was delivered on 01/21/2004.

Garcia raised seven points of error, including:

• that the trial court abused its discretion when it overruled an objection to the prosecutor’s comment on his right to remain silent;
• that the trial court abused its discretion when it overruled an objection to comments during closing argument;
• that the trial court abused its discretion by failing to instruct the jury to disregard an argument about defense counsel;
• that the trial court erred at the punishment phase by admitting inadmissible hearsay-within-hearsay evidence concerning an alleged December 15, 1994 assault;
• that the trial court abused its discretion at the punishment phase by admitting evidence of the “Angels of Sin” street gang activities in 1992;
• that victim impact evidence in the form of medical records for wounded bystander John Luna should not have been admitted;
• that the death penalty was cruel and unusual punishment under the Eighth Amendment.

The court addressed these points and concluded that it would affirm the judgment.

Federal habeas corpus and certiorari

Garcia filed for federal habeas relief after state habeas denial. His federal petition was denied on 12/14/2009. The Fifth Circuit rejected his appeal on 08/09/2010. The U.S. Supreme Court denied certiorari review on 03/07/2011.

Outcome

Garcia was executed by lethal injection in Texas on 10/27/2011.

Witness accounts of the execution described Garcia praying aloud and praising “Yahweh” and “Jesus Christ.” The execution was described as being pronounced dead 10 minutes later after lethal drugs were administered, with a specific time of 7:02 p.m. CDT stated in one account.

Aftermath

Garcia’s execution occurred after a U.S. Supreme Court denial of certiorari review. Family members and supporters attended. A statement attributed to Garza’s family described the execution as a “very necessary reminder” that the citizens of the state would not tolerate the murder of a Texas peace officer.

During Garcia’s final moments, he prayed aloud and gave a final statement that included the words:

“Thank you, Yahweh, thank you, Jesus Christ, hallelujah, amen, and thank you, warden”

Another account included statements attributed to Garcia immediately before the lethal drugs took effect:

“Thank you for this, my God is a God of salvation,”
“Only through you Jesus Christ people will see that your still on the throne.”

A further account recorded these words as Garcia’s final words:

Other details

Co-defendants: n/a

Texas Attorney General media advisory: Garcia was scheduled for execution on Thursday, October 27, 2011 after 6 p.m. Pursuant to a court order by the 290th District Court of Bexar County.

Execution participants and statements recorded Garcia’s attorneys argued he was mentally impaired and ineligible for the death penalty. A district attorney and others made remarks about the death penalty and the murders. A quote attributed to Bexar County District Attorney Susan Reed stated:

“If there was ever a poster child for the death penalty, this is the case,”

A quote attributed to Simon Azar-Farr, one of Garcia’s attorneys, stated:

“It’s just horrible,”
“Two no doubt very lovely people, his wife and the officer, were killed in cold blood. No doubt their lives and the lives of their families were destroyed.”
“But he said it also was possible the state was executing a person who was mentally impaired.”
“Seems we’re all losers in this,” Azar-Farr said.

Written statements and verbal statements during arrest and at trial

• Garcia shouted during surrender: "I give up"
• During punishment-phase reporting, accounts described his statements and demeanor as “cocky” and “arrogant,” and one account recorded that he repeatedly shouted and sang “Hallelujah” and “Thank you Yahweh!”

Trial procedural references The Texas Court of Criminal Appeals stated that Garcia was found guilty of murdering a police officer and sentenced to death, and affirmed the judgment of the trial court. The opinion was published and delivered on January 21, 2004.