Bobby Ray Hopkins

Case record

Bobby Ray Hopkins was convicted of capital murder and sentenced to death for killing two women during the same criminal transaction.

The offence

On the evening of July 30, 1993, Sandi Marbut, age 18, and her cousin Jennifer Weston, age 19, had some friends over at their apartment. Sandi drove the last guest home about 4:00 a.m. the next morning.

Between 4:00 and 5:00 a.m., Hopkins entered the home and attacked Sandi in the downstairs living room. Hopkins attacked Sandi with a knife, cutting her over 40 times. Evidence of defensive wounds indicated that Sandi struggled and fought to survive. The evidence also indicated that she was probably conscious for several minutes during the attack. Hopkins was also cut during the attack.

Jennifer came downstairs while Hopkins was attacking Sandi. Hopkins saw Jennifer and proceeded to attack her at the foot of the stairway. Jennifer tried to flee upstairs but was overpowered. Jennifer died at the landing at the top of the stairs after sustaining 66 stab wounds. Both girls died from knife wounds.

According to the police, Hopkins began searching the bedrooms for money. Hopkins entered the bathroom and tried to clean blood off his body and took towels to try to stop bleeding from his wounds. He then walked down the stairs and exited the apartment.

Later that evening, Sandi’s parents found Sandi on the living room floor and discovered Jennifer at the top of the stairs. There were blood stains and pools of blood all over the apartment.

Investigation

Texas Ranger George Turner questioned bystanders at the scene on the evening the bodies were found. Turner went in search of Hopkins after learning that Hopkins had been in the girls’ apartment approximately two weeks before the murders. Turner learned that, during that earlier visit, Hopkins argued with Sandi over money missing from her purse. Sandi thought Hopkins had taken the money, asked him to leave, and asked him not to come back.

Turner interviewed Hopkins on July 31, 1993, and noticed that Hopkins had cuts on his hands and arms. Turner also noticed what appeared to be blood on Hopkins’ boots, and Hopkins allowed Turner to take the boots. Subsequent tests showed that the blood on the boots was consistent with the blood of Jennifer, Sandi, and Hopkins.

On August 5, 1993, police searched the area around the apartment and found two blood-stained towels in a culvert between the girls’ apartment and the house where Hopkins lived with his parents. The towels belonged to the girls and were given to them by Sandi’s parents. The blood on the towels was consistent with Hopkins’ blood, and blood on hairs found on the towels was consistent with the blood types of Sandi, Jennifer, and Hopkins.

On August 22, 1993, a knife was discovered in weeds outside the apartment on a route between the girls’ apartment and Hopkins’ home. The blood on the knife was consistent with the blood of Hopkins, Sandi, and Jennifer.

Serology testing showed that blood stains in the apartment were consistent with Hopkins’ blood. Hopkins’ blood was located in numerous areas in the apartment, including:

• a light switch plate in the living room
• the living room wall
• a sock
• a bathroom rug and faucet
• a shoe and a magazine in Jennifer’s bedroom
• a newspaper article in Jennifer’s purse
• the top of the stairway landing
• a chest drawer in Sandi’s bedroom

DNA testing showed blood matching Hopkins’ DNA profile on multiple items, including a sock, bathroom rug, living room wall, and one of the towels, and additional items including a cotton ball, a sock, and a magazine. Additional testing showed blood matching Hopkins’ DNA profile on the front door knob, bathroom rug, light switchplate in the living room, bathroom, socks, the newspaper clipping in Jennifer’s purse, and on a shoe.

Hopkins’ boot matched the footprint of a boot left in the blood on the carpet in Jennifer’s bedroom.

Arrest and custody

Hopkins was held in isolation after being arrested pursuant to a felony probation revocation warrant alleging non-reporting and non-payment. Authorities held Hopkins in isolation for 15 days.

Hopkins was arrested on a violation of probation and was held after the probation revocation warrant. His custody involved eight interrogations by law enforcement officers, none of which resulted in a confession.

Interview and confession

During the isolation period, law enforcement called Detective Tony Knott from New Mexico to “talk” to Hopkins. Hopkins considered Knott a friend, and Knott and Hopkins had known each other for quite some time.

Knott and Hopkins were taken to a small room on August 19, 1993. Hopkins alleged the meeting was under the guise of letting the two of them “catch-up on old times.”

Prior to speaking, Knott claimed to have read Hopkins Miranda rights. Hopkins claimed not to remember and stated the reading was not taped as required by Texas law. During this four-hour “talk,” Knott made many statements indicating he wanted Hopkins to tell him about the murders and that the talk was just between the two men.

Hopkins made incriminating statements and gave a videotaped interview to Knott.

In the videotaped interview, Hopkins stated that he went over to Sandi Marbut and Jennifer Weston’s apartment around 4:00 or 5:00 a.m. He and Sandi began to argue. Hopkins stated that Sandi got a knife, that a struggle ensued, and that he stabbed her. Hopkins admitted that he was cut during the altercation and bled in the apartment.

During later proceedings, Hopkins contended that it was not until the beginning of a second tape that he was read these warnings, and he also indicated he was aware of the consequences of speaking to Knott.

Trial

On October 1, 1993, Hopkins was indicted in the 18th Judicial District Court of Johnson County, Texas, for the capital offense of murdering Sandi Marbut and Jennifer Weston during the same criminal transaction.

After Hopkins pleaded not guilty, a jury found him guilty of the capital offense on May 24, 1994.

On May 25, 1994, after a separate punishment hearing, the court assessed Hopkins’ punishment at death.

On May 13 and 14, 1994, the trial court held a Jackson v. Denno hearing to determine whether the confession should be admitted. The court found that Knott had given Hopkins the required warnings before both the first and second tapes and that Hopkins voluntarily waived those rights. The court found that Hopkins did not request an attorney prior to or during his confession. The court also found that, under the totality of the circumstances, the statement was voluntary.

The trial court also determined that Hopkins desired to terminate the interview on page 203 of the transcribed statement, and ruled that any subsequent statement was inadmissible.

Sentencing

After the separate punishment hearing, the court assessed Hopkins’ punishment at death on May 25, 1994.

Appeals

Direct appeal

The Texas Court of Criminal Appeals affirmed Hopkins’ conviction and sentence in an unpublished opinion on October 1, 1997.

Habeas corpus proceedings

Hopkins filed a state application for writ of habeas corpus in the trial court. On September 16, 1998, the Court of Criminal Appeals denied the application based on the trial court’s findings.

On June 17, 1999, Hopkins filed a federal habeas petition in the U.S. District Court for the Northern District of Texas, Dallas Division.

On August 9, 2001, a magistrate issued a recommendation that Hopkins be denied habeas relief.

On September 28, 2001, the district court entered an order and judgment adopting the magistrate’s findings in full and denying habeas relief.

Hopkins appealed to the 5th U.S. Circuit Court of Appeals. That court affirmed the district court’s judgment in a published opinion on March 20, 2003.

Hopkins subsequently petitioned the U.S. Supreme Court for certiorari review. The Supreme Court denied the petition on October 20, 2003.

On February 10, 2004, Hopkins filed a successive habeas application in state district court in Johnson County. Court action on the application was pending.

Federal habeas opinion (Hopkins v. Cockrell)

In Hopkins v. Cockrell, 325 F.3d 579 (5th Cir. Tex. 2003), the court held:

• the admission of an involuntary confession was harmless error, and
• Hopkins did not receive ineffective assistance of trial counsel.

The court stated it was troubled by the state’s methods used to obtain Hopkins’ confession, but concluded that the admission was harmless in light of the overwhelming amount of circumstantial evidence and the state’s limited reliance on the confession.

Other details

Hopkins was on probation for dealing cocaine at the time he committed the murders. Alice Finley, Hopkins’ probation officer, testified that Hopkins performed poorly on probation. Finley testified Hopkins did not comply with the requirement to report monthly and once told her that he had used cocaine over the weekend. Finley testified she filed a revocation motion after numerous attempts to get Hopkins to report.

Raoul McPeters, formerly a detective with the Hobbs, New Mexico Police Department, described an incident when Hopkins and another man went up to a car, opened the driver’s door, pulled the driver out, and beat him. McPeters also described working a shoplifting case where Hopkins had been charged with taking two kegs of beer and a bottle of whiskey. McPeters and two other officers testified that Hopkins was not a peaceful or law-abiding citizen.

Sheila Lamonde, who knew Hopkins and was best friends with his former wife, Kari Williams, testified that in August 1989 Hopkins became very upset because Kari was driving a pick-up truck and went over a bump too fast. Lamonde testified Hopkins jumped out of the truck at a stop sign, pulled Kari out by her hair, and threw her in the back of the truck. Lamonde testified that at the next stop sign, Kari jumped out of the truck and ran away, and Hopkins went after Kari. Lamonde testified that when Lamonde caught up with them, Hopkins was slamming Kari’s head into a brick wall. Lamonde testified Kari had delivered a baby by caesarean section two weeks before and still had stitches. Lamonde testified she tried to get her purse from the truck and leave, but Hopkins grabbed her by the hair and proceeded to slam her head into concrete, and that Lamonde observed Kari with a black eye, bloody nose, and bloody lip.

Kari Williams testified that her relationship with Hopkins was violent. She testified that on July 15, 1988, Hopkins assaulted her and gave her a bloody nose. She testified that on December 1, 1988, she discovered she was pregnant and told Hopkins, who was initially glad, but that he later became abusive and physically assaulted her by grabbing her hair and dragging her across concrete. She testified that on September 30, 1989, Hopkins tried to grab her while she was in her father’s Suburban. She testified that when her friend opened the passenger door, Hopkins pulled Kari out and kicked her repeatedly, that she called the police, and that she ultimately needed medical attention. She testified Hopkins spent twenty days in jail as a result of this incident. She also testified that shortly before they divorced Hopkins called her and threatened to kill her and her son, burned her clothes and possessions in the yard in front of the house.

Hopkins was described as a former bull rider.

Outcome

Hopkins was executed by lethal injection.

At the execution, when asked if he had a final statement, Hopkins said: “Warden, at this time I have no statement, sir.” The lethal dose began at 8:11 p.m. and Hopkins was pronounced dead eight minutes later. Another account stated he was pronounced dead at 8:19 p.m.

A Texas Attorney General media advisory stated that Hopkins was scheduled for execution after 6 p.m. on February 12, 2004.

Timeline

• July 15, 1988 — Hopkins assaulted Kari Williams and gave her a bloody nose.
• December 1, 1988 — Kari Williams found out she was pregnant and told Hopkins.
• September 30, 1989 — Hopkins tried to grab Kari Williams while she was in her father’s Suburban; Kari called the police and needed medical attention; Hopkins spent twenty days in jail.
• August 1989 — Sheila Lamonde testified Hopkins attacked Kari Williams by pulling her by her hair and slamming her head into a brick wall.
• July 30, 1993 — Hopkins entered the apartment of Sandi Marbut and Jennifer Weston between 4:00 and 5:00 a.m.; both women were stabbed and died from knife wounds.
• July 31, 1993 — Hopkins’ cuts on his hands and arms and what appeared to be blood on his boots were noticed by Texas Ranger George Turner during an interview with Hopkins; bodies were discovered by Sandi’s parents.
• August 5, 1993 — Police searched and found two blood-stained towels in a culvert between the girls’ apartment and Hopkins’ home.
• August 19, 1993 — Knott and Hopkins were taken to a small room for a four-hour interview; Hopkins made incriminating statements and gave a videotaped interview.
• August 22, 1993 — A knife was discovered in weeds outside the apartment.
• October 1, 1993 — Hopkins was indicted in the 18th Judicial District Court of Johnson County, Texas.
• May 13–14, 1994 — Trial court held a Jackson v. Denno hearing.
• May 24, 1994 — Jury found Hopkins guilty of the capital offense.
• May 25, 1994 — Court assessed Hopkins’ punishment at death.
• September 16, 1998 — Court of Criminal Appeals denied Hopkins’ state habeas application.
• June 17, 1999 — Hopkins filed a federal habeas petition in the U.S.
• August 9, 2001 — Magistrate issued a recommendation to deny habeas relief.
• September 28, 2001 — District court entered judgment denying habeas relief.
• March 20, 2003 — 5th U.S. Circuit Court of Appeals affirmed the district court’s judgment.
• October 20, 2003 — Supreme Court denied certiorari review.
• February 10, 2004 — Hopkins filed a successive habeas application in state district court in Johnson County.
• February 12, 2004 — Hopkins was executed by lethal injection in Texas.