Moises Sandoval Mendoza

Case record

Moises Sandoval Mendoza was convicted of capital murder for the death of Rachelle O’Neil Tolleson. A jury in the 401st District Court found him guilty of capital murder after a case involving Mendoza kidnapping Tolleson, sexually assaulting her, and strangling her to death, then burning the body and dumping it in an eastern Collin County creek bed.

Mendoza had been placed in the Collin County Jail under a $500,000 bond for the murder of Rachelle O’Neil Tolleson.

The punishment was death. A date for his execution had not been set, according to the Texas Department of Criminal Justice.

Timeline

• March 17, 2004 — Mendoza met again with the victim around six weeks after meeting again at Collin County Community College; authorities said they were drinking and visiting and talking Wednesday night, March 17.
• March 18, 2004 — The victim’s family notified police that she had vanished from her home; her 6-month-old daughter had been left alone in the house.
• March 22, 2004 — Police matched an account given by friend Stacy Marie Garcia with evidence collected since March 18.
• March 23, 2004 — Mendoza was arrested and placed in the Collin County Jail under a $500,000 bond.
• Late Tuesday (after five days of searching) — The body was discovered in far eastern Collin County; the medical examiner identified it as Tolleson late Tuesday using dental records.
• July 1, 2005 — A jury sentenced Moises Sandoval Mendoza, 21, to die by lethal injection; he had been found guilty of the capital murder of Rachelle O’Neil Tolleson after the jury verdict.
• October 4, 2006 — Appellate counsel said Mendoza’s attorney planned to file an appeal on his capital murder conviction.
• November (planned) — Mendoza’s appellate attorney said he planned to file the appeal in the Texas Court of Appeals in November; he said the deadline for Mendoza to appeal was by the 1st week in November.

The offence

Mendoza kidnapped Rachelle O’Neil Tolleson, sexually assaulted and strangled her to death, and then tried to dispose of her body by burning it and dumping it in an eastern Collin County creek bed.

The prosecution’s case was that Mendoza strangled, raped and stabbed Tolleson in March 2004 and attempted to dispose of the body by burning and dumping it in an eastern Collin County creek bed.

Police described Tolleson’s body as hidden behind Mendoza’s house, with the body then burned, moved, and placed out off of Highway 380 in far fields close to Copeville and Greenville.

Authorities said police found that furniture in disarray at Tolleson’s home led them to believe Tolleson may have been abducted, while the baby was left in a bedroom unharmed.

Investigation

Authorities arrested Mendoza after matching an account given by friend Stacy Marie Garcia with evidence collected since March 18.

Police said Garcia’s statement included details that could only have been known by someone directly involved with Tolleson’s death, and that information had not been released.

Police and volunteers scoured the rural countryside surrounding Farmersville for five days before Tolleson’s body was discovered in far eastern Collin County.

A man hunting for arrowheads spotted two feet sticking out of a brush pile Tuesday afternoon and notified police.

The body had been badly burned, and the medical examiner identified it as Tolleson late Tuesday using dental records.

Police stated Mendoza burned the body to remove fingerprints.

Arrest and custody

Mendoza was arrested on Wednesday night and placed in the Collin County Jail with bail set at $500,000.

Prosecution described Mendoza as having had three active Grand Jury warrants for his arrest for aggravated assault and robbery charges dating back to November; the reported case summary said he had warrants for aggravated assault and robbery charges back in November.

Mendoza declined requests for interviews.

People involved

Defendant

Moises Sandoval Mendoza (also referred to as Moises Mendoza) was described as being 20 in one account of his arrest and 22 in a later account of sentencing, and 21 in the sentencing account.

Victim

Rachelle O’Neil Tolleson (also referred to as Rachelle O’Neil Tolleson and Rachelle Tolleson) was 20 at the time described in relation to the trial and verdict.

Tolleson had a 6-month-old daughter, Avery.

Pam and Mark O’Neil were Tolleson’s parents.

Pam and Mark O’Neil read statements in open court after the verdict.

Andrew Tolleson was Tolleson’s estranged husband; he could not be reached.

Witnesses and legal representatives

Stacy Marie Garcia was a friend who provided an account to police; Mendoza was quoted telling her, "I have to tell you something; you're going to be mad at me," and "I did it."

Texas Ranger and a Collin County sheriff’s deputy took a statement from Garcia.

Officer Vikki Pickett was quoted regarding Mendoza and Tolleson being “just acquaintances.”

Craig Overstreet was identified as bank president and contact person for contributions to Avery’s special fund.

John Tatum was described as Mendoza’s appellate attorney.

Gregory S. Davis was identified as Collin County First Assistant District Attorney and as a prosecutor.

Assistant District Attorney Michelle Voirin was mentioned in closing statements.

Angela Ivory was identified as defense counsel.

Juan Sanchez was identified as Mendoza’s attorney during the trial.

Jos (father) was referenced in the defense’s mitigation as having become unemployed and suicidal after a serious injury.

Mendoza’s older sister, Elizabeth Palos, was mentioned as embracing Pam and begging O’Neil to forgive Mendoza.

Trial

After 3 weeks of jury selection, 1 week of testimony and 4 hours of deliberation, Mendoza was sentenced to die by lethal injection.

During his closing statements, Juan Sanchez recapped explanations for Mendoza’s behavior, including depression Mendoza suffered after a serious injury left his father Jos unemployed and suicidal. Sanchez also spoke about negative influences placed upon Mendoza by his friends and girlfriend.

Sanchez told the jury that to determine a fitting punishment, they had to "have a look at his face and look over his shoulder at where he came from."

Sanchez argued for life imprisonment and stated:

"I think the world is tired of death; I think Texas is tired of death,"

During the state’s closing statements, Gregory Davis and Assistant District Attorney Michelle Voirin said the defense’s claim of a dysfunctional home "blames and shames" his family.

Voirin told the jury:

"It's pathetic to blame the very people who tried to help him,"

Voirin also stated:

"It may not bring back her mother's voice, but when you do what the defendant is forcing you to do, she will remember what the 12 of you did for her [Avery]."

Sentencing

Mendoza was sentenced to death on July 1, 2005.

The prosecution described a pattern of escalating violence by Mendoza, including several rapes and robberies.

In mitigation, the defense presented family members who described Mendoza as a caring person who began to act differently in his late teenage years as he manifested symptoms of deep depression.

Gregory Davis stated after the jury gave Mendoza the death penalty:

"Moises Mendoza is one of the most violent, sadistic men I have ever encountered, and this death penalty is totally justified,"

Davis further said:

"The jury's decision will ensure that no one in society will ever be victimized by him again."

Juan Sanchez was quoted after the trial:

"It's a sad day for everyone involved,"
"Mendoza's family, O'Neil's family. It's not easy for anybody, even the state, the defense, and it's certainly been hardest on the jurors."

Sanchez also said Mendoza feels "sad" and that the trial and the jury’s decision had "taken a toll on him."

Pam O’Neil read a statement to Mendoza while holding a picture of her daughter and granddaughter, Avery. Pam said:

"You know what you have done,"
"You took our only daughter, Austin's only sister and, most importantly, you took away Avery's mommy. In our eyes, you're worse than an animal. Not only have you hurt our entire family, but you've also torn apart your entire family. "You took from [Rachelle] what she wanted most,"
"She wanted more than anything in life to watch her baby take her first steps, say her 1st word, and she'll never get to hear her daughter call her Mommy."

Pam told Elizabeth Palos:

"We will,"
"We just need time."

When Pam responded to being asked not to cry, she said:

"It's something I have to do."

Outcome

Mendoza received the death sentence and was turned over to the custody of the Collin County Detention Center after the verdict.

Mendoza planned to file an appeal of his capital murder conviction.

John Tatum said Mendoza’s appeal would be filed in the Texas Court of Appeals in November and that the deadline for Mendoza to appeal was by the 1st week in November, and that he would probably have to ask for an extension to prepare Mendoza’s brief for the court.

Other details

Mendoza had been a 2001 graduate of Farmersville High School, where the victim also went to school.

Mendoza and Tolleson did not date or really know each other until about 6 weeks before they met again at Collin County Community College.

Mendoza was described as having been seen at a friend’s house, Jeremy Neil and Travis Rose, the same night that Rachelle Tolleson disappeared; authorities said “They were drinking quite a bit and they were visiting and talking Wednesday night, March 17th.”

Police said the victim was brutally strangled, with her body hidden behind Mendoza’s house and then burned, moved, and placed out off of Highway 380 in far fields close to Copeville and Greenville.

Mendoza told friend Stacy Marie Garcia:

"I have to tell you something; you're going to be mad at me,"
"I did it."

In court documents described in relation to police justifying Mendoza’s arrest, Mendoza told Garcia he picked up Tolleson in his red-and-white Dodge pickup truck, had sex with her and then killed her and hid her body in some brush behind his house.

After police questioned Mendoza about Tolleson’s disappearance, Mendoza told Garcia that he moved the body, wrapped in a tarp, to Brushy Creek on Monday.

An April 2003 Farmersville police report showed Mendoza was charged with misdemeanor assault on allegations that he attacked his sister in the front yard of their home, but the case was dismissed after his sister said she did not want to take the case to trial, according to court records.

Mendoza was awaiting trial on three counts of aggravated robbery with a deadly weapon in connection with two robberies in March 2003 at Richland College in Dallas, where three people were robbed in a parking lot at gunpoint by a group of four men.

A jury sentencing account reported Mendoza as appearing in ankle and wrist restraints.

Friends tied purple ribbons on trees, stop signs and flag poles across town in memory of Tolleson.

Tolleson’s funeral was set for 2 p.m. Saturday at First Baptist Church in Farmersville.

A $20,000 reward was mentioned as being offered to help find the truth.

The narrative discussed that 11 more suspects were also being considered in the victim’s kidnapping and murder.

Appeals

After sentencing, Mendoza’s attorney said he planned to file an appeal on Mendoza’s capital murder conviction.