William Irvan

Case identification

Name: William Irvan TDCJ Number: 999472 Date of Birth: 07/11/1966 Gender: Male Race: White Hair Color: Brown Height: 5' 11" Weight: 190 Eye Color: Brown

Offence

Irvan was convicted of capital murder (1) in December 2003. He had been indicted for murdering Michelle Shadbolt while in the course of committing and attempting to commit aggravated sexual assault on or about February 14, 1987, in violation of Tex. Penal Code Secs. 19.02(b)(1) and 19.03(a)(2).

The trial evidence showed that, at the time of the offense, Shadbolt and her two-year-old daughter were living in a house across the street from Irvan's parents' house. Shadbolt and Irvan had lived across the street from each other for many years, and Irvan had been friends with Shadbolt's younger brother since early childhood.

On the morning of February 14, 1987, Shadbolt's stepmother entered the home through an unlocked front door and found Shadbolt's bloody body lying in the living room floor. Shadbolt had multiple stab wounds and a large neck laceration, including a large, horizontal, incised wound to the front of her neck, and superficial cutting wounds in the neck area. The medical examiner testified that Shadbolt's death was caused by “multiple sharp force injuries.”

The evidence also established that sperm was detected on swabs taken from her vagina and rectum. There was no visible trauma to the vaginal or rectal areas.

Irvan's indictment and conviction were tied to the course-of-offence element of aggravated sexual assault, and the jury answered special issues set forth in Texas Code of Criminal Procedure Article 37.0711, Sections 3(b) and 3(e).

Prior record and background

Irvan had education level 10. His prior prison record was #875306 on a 2 year sentence from Harris County for 1 count of Robbery w/ Bodily Injury.

His prior occupation included AC/Refrigeration Repair, Electrician & Laborer.

Irvan had a history of mental illness included in the scraped material narrative.

Victim

Victim: Michelle Shadbolt Victim race/gender: White/Female Age at the offence: 23 Victim family:

• Shadbolt was living with her two-year-old daughter at the time of the offence.
• Shadbolt had been married to Jack Shadbolt, and the couple had separated about six weeks before the murder.
• Shadbolt's father and stepmother lived close by.

Co-defendants: None.

Other relevant people

• Jack Shadbolt (Shadbolt's estranged husband)
• Anthony Rossi (Harris County Sheriff's Department lead detective)
• Detective Marcel Dionn
• Detective Roger Wedgeworth (cold case squad)
• Harry Fikaris
• Jacqueline Barrett (Shadbolt’s mother)
• Michael Masters (Shadbolt’s brother)
• Pete F. Schroedter (fingerprint expert)
• Deputy Randy Schield
• FBI (unable to identify fingerprints)
• Medical examiner Dwayne Wolf
• Defense witness Daniel Rinehart
• Defense witnesses: Connie Summers, Darlene “Dede” Hughes, Marylou Brady
• Tamara Llamas (Irvan’s former girlfriend; federal prisoner testifying for the State)
• Rhonda Reiner
• Shanna Stryjek (Irvan’s ex-wife)
• Judge Keasler; Keller, P.J.; Meyers, Womack, Johnson, Hervey, and Cochran, JJ. joined
• Price and Holcomb, JJ., concurred without opinion

Timeline

• February 13, 1987 — Shadbolt took her daughter to her stepfather and stepmother’s house for the night so Shadbolt could go out and play bingo; she dropped off her daughter at about 5:15 p.m. and said she would return at 7:30 the next morning.
• February 14, 1987 — Shadbolt failed to arrive at 7:30 a.m.; her stepmother called; later arrived at about 7:45 a.m. and discovered Shadbolt’s body in the unlocked home.
• December 2003 — Irvan was convicted of capital murder.
• 03/03/2004 — Age listed as 37 at received; the case materials also reflect sentencing on this date as “Sentenced to death March 3, 2004.”
• May 17, 1989 — Detective Dionn interviewed Irvan; Irvan made a statement at the police station.
• November 1998 — Wedgeworth sent evidence to the Orchid Cellmark laboratory for DNA testing and comparison to Jack.
• 1998 — The “cold case squad” reinvestigated the case beginning in October 1998.
• 1999 — Wedgeworth resubmitted fingerprints to Danny Rinehart for comparison (as described in the materials).
• January 3, 2001 — Irvan was charged by indictment.
• June 7, 2006 — The Texas Court of Criminal Appeals delivered its opinion affirming conviction and sentence.

Background

Shadbolt and Irvan had lived across the street for many years. Irvan was friends with Shadbolt’s younger brother since early childhood. Shadbolt and her husband Jack had separated about six weeks before her murder.

On the evening of February 13, 1987, Shadbolt took her daughter to her father and stepmother for the night so Shadbolt could go out and play bingo with friends. She dropped off her daughter about 5:15 p.m. and said she would return to pick the daughter up at 7:30 the next morning.

When Shadbolt did not arrive at 7:30 a.m. on February 14, her stepmother called her house; no one answered. The stepmother drove to Shadbolt’s house around 7:45 a.m., opened the unlocked front door, and found Shadbolt’s bloody body lying on the living room floor. The stepmother ran to a neighbor’s house to call the police.

Investigation and forensic evidence

Scene observations

Anthony Rossi was lead detective. He testified there were no signs of forced entry and that the television was turned up very loud. There was a large amount of blood in the foyer, which he believed indicated “some type of scuffle” occurred there.

Shadbolt lay on her side on the living room floor wearing only a blood-stained T-shirt pulled up around her neck. She had multiple stab wounds and a large neck laceration.

Rossi testified that there was a vacuum cleaner on the floor next to Shadbolt, and its cord was “probably . . . twisted around during a struggle,” and was “somewhat wrapped around her.” Also lying nearby were:

• a pair of panties
• some crumpled newspaper
• a trophy
• a large-bladed knife underneath a pair of shorts

Blood on the trophy led Rossi to believe it was “[p]ossibly used as a bludgeon instrument.” Rossi testified that Shadbolt’s purse, wallet, and money were in the kitchen, but a large-bladed knife was missing from the butcher block.

Rossi believed “one heck of a struggle” took place in the living room and that Shadbolt “fought very hard.” Rossi testified he observed “bloody fingermarks” on Shadbolt’s “rear end,” which he believed were indicative of someone “trying to hold her up” in order to “rape her.”

Rossi testified that there was blood in and around the toilet bowl in Shadbolt’s bathroom and he thought it was consistent with someone washing off blood in the toilet.

Rossi testified about interviews, including Shadbolt’s friends who had been playing bingo with her the night of February 13, 1987, and that Shadbolt left for home at around 2:50 a.m. on February 14.

Fingerprints

Pete F. Schroedter processed the knife and trophy for fingerprints. He found “smudges . . . lacking any detail for identification purposes” on the knife. On the trophy, he found what appeared to be “a portion of a palm print” but it lacked sufficient detail for identification. Deputy Randy Schield and the FBI were unable to identify any fingerprints.

Daniel Rinehart, a defense witness, testified about additional fingerprint processing using the “amido black dye method.” Rinehart testified that he found a “small area with ridge detail” on the trophy. He said the print was “not suitable to include and identify an individual,” but was “suitable enough to eliminate suspects that the prints were compared to.” He testified he eliminated Jack and Irvan, and that he was not able to eliminate Darden but was also not able to positively identify him as the person who left the print.

DNA testing

Cold case reinvestigation began in 1998. Evidence was sent to Orchid Cellmark (formerly GeneScreen) for DNA testing. Orchid Cellmark excluded Jack as a contributor of DNA on Shadbolt’s vaginal and rectal swabs.

Irvan and Darden consented to give saliva samples in early 2000, which were sent for DNA testing. William J. Watson testified that Irvan’s DNA profile was consistent with the DNA profile on Shadbolt’s rectal swab. Katherine Elizabeth Long testified that Irvan’s DNA profile was consistent with DNA profiles on Shadbolt’s rectal and vaginal swab sticks, concluding that Irvan was a contributor.

A “probable pubic hair” taken from Shadbolt’s fingernail scrapings was compared to Shadbolt, Irvan, and Darden, but did not match any of them. Darden was excluded as a contributor to all evidence pieces where a DNA profile could be obtained.

During additional testing a few weeks prior to trial, Long concluded that Irvan’s DNA profile was consistent with the rectal and vaginal swab sticks.

Medical examiner findings

Medical examiner Dwayne Wolf testified that Shadbolt’s death was caused by “multiple sharp force injuries.” She had seventeen stab wounds, including wounds perforating her heart, diaphragm, and liver, and a large incised wound to the front of her neck with superficial cutting wounds in the neck area. She suffered blunt force injuries to the top of her head consistent with being struck with the base of the trophy. There were bruises on her face and abrasions on her face, knees, and shoulder consistent with carpet burn.

Sperm was detected on swabs taken from her vagina and rectum. Wolf testified there was no visible trauma to those areas.

Wolf testified that absence of trauma to genitalia did not mean anything and that sometimes injuries were present and sometimes not.

Wolf acknowledged defense testimony that Shadbolt could have engaged in sexual intercourse and testified about sperm degradation timing, including that sperm degrades particularly in the rectal canal and that it would have to be relatively fresh.

Wolf also testified that “if a woman is sexually assaulted,” sometimes injuries were not seen, and “if there are no injuries it doesn't mean she wasn't sexually assaulted.” He testified there was no way to know when the sexual assault occurred relative to death.

Arrest and charges

The case materials described that Irvan was investigated and interviewed, including:

• Dionn interviewed Irvan on May 17, 1989, and Irvan made a statement.
• Cold case reinvestigation later resulted in requesting and obtaining DNA samples from Irvan in February 3, 2000 as described.

On January 3, 2001, Irvan was charged by indictment with the offence of murdering Michelle Shadbolt on or about February 14, 1987, by stabbing her with a knife during the commission or attempt to commit aggravated sexual assault.

Trial

Jury verdict and special issues

Based on the jury’s answers to special issues set forth in Article 37.0711, Sections 3(b) and 3(e), the trial court sentenced Irvan to death.

Key testimony in the trial narrative

Michael Masters testified that Irvan was outside Shadbolt’s house when Masters arrived shortly after the body was discovered and that Irvan attempted to comfort him both at the scene and later at Shadbolt’s funeral, where Irvan served as a pallbearer. Masters also testified about Irvan breaking down and crying after DNA testing excluded Jack, stating he “didn't have anything to do with it,” even though Masters did not accuse him.

Jacqueline Barrett testified about family living arrangements and about an incident when Irvan once spent the night with Masters at their house. Barrett testified that Shadbolt was sixteen and Irvan thirteen at the time of the incident, and that Shadbolt screamed, “Stop it. Leave me alone.” Barrett testified Barrett found Shadbolt sitting on the bed with the covers “up against her as if she was protecting herself,” with Irvan sitting “real coy.” Barrett testified that Irvan “touched her” and that Barrett told Irvan to either stay in Masters’ room or go home, after which Irvan never spent the night at their house again.

Tamara Llamas testified that she and Irvan spent one night alone on the beach in Galveston in February or March 1987. She testified that Irvan told her he had raped and killed Shadbolt. Llamas testified Irvan said that he was sitting and drinking in his driveway when he saw Shadbolt come home and that he went over to her house to try to have sex with her; when she refused, he “got carried away” and stabbed her. She testified he said Shadbolt “fought real hard” and scratched him and that there was blood everywhere, and that he took some jewelry from Shadbolt’s home and returned through his bedroom window. Llamas testified she did not believe him and told only her friend Rhonda Reiner what he said a few months later.

When Irvan was charged with capital murder, Reiner persuaded Llamas to tell police about the admission. Llamas acknowledged she was a convicted drug dealer and murderer serving four life sentences in federal prison in Fort Worth, testified she received no promises in exchange for her trial testimony, and testified she did not want Shadbolt’s daughter “to grow up thinking that her father had done it.”

Shanna Stryjek, Irvan’s ex-wife, testified about alleged sexual behavior and rage when she declined sex. Stryjek testified that Irvan “would go into a rage” when she declined to have sex with him, would hit and break things, and called her degrading names including: “bitch,” “whore,” “slut,” and “cunt.” Stryjek testified she refused when Irvan attempted anal sex and that she had to “kind of force him to stop.” Stryjek also testified that she asked Irvan about Shadbolt and that Irvan stated: “she was a bitch, that she was snotty and she thought she was better than everybody else.” She testified Irvan said that he “hated her.” She testified that on the night Shadbolt died, Irvan told her he was out with his friend “George” and returned home between 1:00 and 2:00 a.m., and that Irvan told her he did not know anything happened to Shadbolt until his mother came in the morning and said police were putting yellow tape around her house.

Defense testimony and challenges

The defense offered testimony contesting forensic prints and DNA interpretations. Daniel Rinehart testified he eliminated Jack and Irvan as the person who left the trophy print.

The defense also attacked Llamas’s credibility through witnesses who testified about Llamas’s bad reputation for truthfulness. Connie Summers, Darlene “Dede” Hughes, and Marylou Brady testified about Llamas’s reputation for truthfulness and veracity, including that she was not worthy of belief under oath.

Hughes testified she saw Irvan and Shadbolt together in a convenience store at some point in January or February 1987 before Shadbolt’s death.

Appeals

Irvan raised eighteen points of error.

Sufficiency of evidence (points one through three)

Irvan argued that evidence was factually insufficient to support his capital murder conviction. The court held the evidence was not so weak as to be clearly wrong and manifestly unjust and overruled points one, two, and three.

The opinion discussed that semen recovered matched Irvan’s DNA profile. It also discussed Wolf’s testimony about the absence of genital trauma and semen timing. The court addressed alleged inconsistencies between Rossi and Wolf about blood evidence and photographs. It addressed fingerprint evidence, including that hair under fingernails and prints on the trophy could come from other sources, and limited processing options in 1987. It rejected arguments of incomplete or unreliable forensic investigation, stating Irvan’s speculation did not establish that the evidence introduced at trial was insufficient.

Spousal communication privilege (points four through six)

Irvan complained that the trial judge improperly denied invocation of the spousal communication privilege under Rule 504(a). The trial judge had overruled Irvan’s motion and granted a running objection to Stryjek’s testimony.

The appellate opinion considered the privilege issue and addressed whether any error harmed Irvan’s substantial rights. The court concluded the admission did not affect Irvan’s substantial rights and overruled points four, five, and six.

Confrontation and cross-examination (points seven through eleven)

Irvan argued constitutional error in not allowing counsel to confront and cross-examine Tamara Llamas about her criminal history and related conduct. The opinion held Irvan did not preserve the constitutional confrontation issue for review because his trial objection differed from the issue raised on appeal, and overruled points seven through eleven.

Meaningful defense (points twelve through fourteen)

Irvan argued exclusions violated due process by preventing counsel from presenting certain evidence about Shadbolt instructing Dede Hughes not to tell anyone Shadbolt and Irvan had been observed together; and about hearsay evidence Rossi learned about Shadbolt telling Jack she and Jack would never get back together. The court found failure to preserve arguments and overruled points twelve through fourteen.

Lesser-included offence (point fifteen)

Irvan argued the jury should have been instructed on lesser-included offense of murder. The court denied the request and overruled point fifteen, stating there was not some evidence from which a jury could rationally acquit capital murder and convict only murder, despite the medical examiner’s inability to pinpoint timing of sexual assault.

Outcome and final disposition

The Texas Court of Criminal Appeals affirmed Irvan’s conviction and sentence. The opinion was delivered June 7, 2006. The scraped material also reflected that Irvan was sentenced to death on March 3, 2004.

Status and sentence

Irvan was sentenced to death, with the status given as: “Sentenced to death March 3, 2004.” The court affirmed the conviction and sentence on direct appeal.