Javier Suarez Medina

Case details

Javier Suarez Medina (Offender: Javier Medina #944) was convicted and sentenced to death for the 1988 shooting death of Lawrence Rudy Cadena, an undercover Dallas police officer.

Medina gave a tape-recorded confession that was played before the jury at trial. He also delivered a last statement in English and Spanish before the lethal injection started.

Timeline

• Dec. 13, 1988 — Undercover Dallas Police Officer Lawrence Rudy Cadena arranged a “buy bust” drug transaction at a Stop-n-Go convenience store.
• Dec. 22, 1988 — Medina was charged by an indictment returned in Dallas County, Texas, with the capital offense of intentionally murdering Lawrence Rudy Cadena during the commission or attempted commission of a robbery.
• May 24, 1989 — A jury found Medina guilty of capital murder.
• June 5, 1989 — Following a separate punishment hearing, the court sentenced Medina to death.
• June 13, 1995 — Medina filed an original application for a state writ of habeas corpus.
• Sept. 16, 1998 — The Court of Criminal Appeals denied relief.
• May 15, 2001 — The district court denied relief.
• May 25, 2001 — The district court denied reconsideration.
• June 14, 2001 — The district court denied a certificate of appealability (“COA”).
• Jan. 16, 2002 — The Fifth Circuit affirmed the denial of habeas relief and denied Medina’s request for COA.
• Feb. 26, 2002 — The Fifth Circuit denied Medina’s petition for rehearing.
• March 20, 2002 — The Criminal District Court No. 2 of Dallas County, Texas, scheduled execution for 08-14-01.
• May 2, 2002 — Medina petitioned the United States Supreme Court for certiorari review.
• June 28, 2002 — The Supreme Court denied certiorari review.
• July 22, 2002 — Medina petitioned for clemency with the Texas Board of Pardons and Paroles.
• Aug. 7, 2002 — Medina filed a successive state habeas petition in the Dallas County trial court.
• Aug. 14, 2002 — Medina was executed by lethal injection in Texas.

The offence

On Dec. 13, 1988, undercover narcotics officers from the Dallas Police Department planned an assignment known as a “buy bust,” where officers arranged to buy a large quantity of drugs.

Through his undercover work, Dallas Police Officer Lawrence Rudy Cadena had previously bought drugs from a suspect known as “Tony” (a/k/a Hector Rodriguez). On the night in question, Cadena arranged to meet Tony at a Stop-n-Go convenience store to purchase four ounces of cocaine. Cadena arrived at the Stop-n-Go, where he met with two men later identified by police as Fernando Fernandez and Jimmy Sanders to negotiate the drug deal.

Moments later, Tony arrived in a red Chevrolet Citation. Cadena and Fernandez got into the car. The three discussed the planned transaction; Tony and Fernandez demanded to see the money and Cadena refused to show them the money until Cadena saw the drugs. Tony gave Cadena a sample of cocaine and encouraged Cadena to try it, but Cadena refused, stating he was in a hurry. Cadena then went back to his undercover car, and Tony and Fernandez left the scene, ostensibly to get the cocaine.

Meanwhile, a black pickup truck pulled into the parking lot and parked near Tony’s vehicle. The pickup’s occupants apparently watched the transaction. Sanders had a short conversation with the pickup’s occupants. The pickup drove slowly past Cadena and left the scene. Approximately 15 minutes later, Tony and Fernandez returned, and Fernandez told Cadena that “the guy in the pickup will have what you want.”

The pickup arrived. Medina exited wearing a brown leather trench coat. Medina approached Cadena’s vehicle and frantically tried to open the passenger door, which was locked, while Fernandez positioned himself about eight feet from the driver side of the vehicle.

After unlocking the door, Cadena told Medina he would get the money after Cadena got the dope. Medina threw a bag of white powder into the car. Medina then raised a semiautomatic Uzi machine gun and opened fire at point-blank range, shooting eight times at Cadena. Medina slammed the passenger door shut, ran to the driver’s side, opened it, and raised his weapon again to shoot Cadena again.

A Dallas police officer observing the drug transaction from an undercover vehicle approached and fired four shots at Medina. The officer wounded Medina and prevented him from firing further at Cadena. Fernandez then jumped over the fallen Medina and into Cadena’s car. The officer who testified that when he arrived at Cadena’s car, he found Fernandez ripping at Cadena’s shirt and pants, presumably looking for the drug money. Another Dallas detective fired one shot at Fernandez and wounded him.

The officer who shot Medina testified at trial that immediately thereafter he heard shots from behind him, believed to come from the direction of the red Citation. The officer fired two shots through the car’s windshield, fatally wounding Tony, who was attempting to drive away from the scene.

In the meantime, the black pickup truck raced off but was later found at an apartment complex less than one mile from the Stop-n-Go. Police discovered the pickup had been stolen from a parking lot at the Dallas/Fort Worth Airport.

The victim Lawrence Rudy Cadena was found fatally shot; in one account he was pronounced dead a half-hour later. Multiple accounts described Medina shooting Cadena with shots to the abdomen, chest, and both arms, and that four of the 9mm rounds pierced Cadena’s heart.

Confession and stated plan

While at Parkland Hospital for treatment of his two gunshot wounds, Medina gave a tape-recorded confession that was played before the jury at trial. In the confession, Medina stated he was asked to deliver a bag of cocaine that cost $4,000 and he agreed to do it. He said he was given an overcoat and an Uzi “in case anything happened.”

Medina also stated that Tony told him that after the cocaine was delivered and Medina had received the money, Tony and Medina would follow the buyer until he made a stop, and Tony would shoot him and take back the cocaine. Medina’s response was “alright.”

Medina described what happened after he delivered the cocaine to Cadena. Medina explained that he asked for the money, and as Cadena reached down for it, he heard two gunshots. Medina then looked up to check the roof, looked down, closed his eyes, and began to fire. He stated in his confession that he only fired two or three times, but evidence indicated Medina fired eight times at Cadena. According to the confession, Medina dropped the Uzi and “walked” to the other side of the car. Fernandez ran to the vehicle, opened the driver’s door, and told Medina to grab the money and the cocaine. Medina asserted that he “froze” when he saw “the man with blood.”

Medina admitted Cadena did not shoot at him and that Medina did not even have a gun in his hand at that point. The substance Medina tossed into Cadena’s vehicle was discovered scattered about the inside of the car; a small portion was found in the bag and on the ground by the driver’s side door. However, a forensic chemist for the State testified that neither sample contained a controlled substance. The chemist also analyzed the sample of cocaine Tony had given to Cadena. Laboratory analysis showed the weight of the white powder was 100 milligrams, 87 percent of which was pure cocaine.

Investigation and arrest

Medina was taken to Parkland Hospital for treatment of his two gunshot wounds.

A black pickup truck involved in the events was found later at an apartment complex less than one mile from the Stop-n-Go. Police discovered that pickup had been stolen from a parking lot at the Dallas/Fort Worth Airport.

Trial

Charges and verdict

On Dec. 22, 1988, Medina was charged by indictment returned in Dallas County, Texas, with the capital offense of intentionally murdering Lawrence Rudy Cadena during the commission or attempted commission of a robbery.

On May 24, 1989, a jury found Medina guilty of capital murder.

Punishment

On June 5, 1989, following a separate punishment hearing, the court sentenced Medina to death.

Evidence described at trial

Testimony and evidence at trial included the tape-recorded confession played to the jury.

A forensic chemist testified about the samples from the white powder scattered in the car. The testimony included that neither sample contained a controlled substance, while the sample of cocaine that Tony gave to Cadena tested to be 87 percent pure cocaine.

Sentencing

Medina was sentenced to death on June 5, 1989.

Appeals

State habeas and direct review

On May 26, 1998, the trial court entered 238 findings of fact and conclusions of law recommending denial of state habeas. On Sept. 16, 1998, the Court of Criminal Appeals denied relief.

Federal habeas

On Sept. 15, 1999, Medina petitioned for habeas corpus in the U.S. District Court for the Northern District of Texas. On April 6, 2001, an oral argument was conducted before U.S. District Judge Sidney A. Fitzwater. On May 15, 2001, the district court denied relief. On May 25, 2001, the district court denied reconsideration. On June 14, 2001, the district court denied a certificate of appealability (“COA”).

On Sept. 27, 2001, Medina filed his request for COA asking the Fifth Circuit to grant review of three issues. On Jan. 16, 2002, the Fifth Circuit affirmed the denial of habeas relief and denied Medina’s request for COA. On Feb. 26, 2002, the Fifth Circuit denied Medina’s petition for rehearing.

U.S. Supreme Court and clemency

On May 2, 2002, Medina petitioned the United States Supreme Court for certiorari review. On June 28, 2002, the Supreme Court denied certiorari review.

On July 22, 2002, Medina petitioned for clemency with the Texas Board of Pardons and Paroles.

On Aug. 7, 2002, Medina filed a successive state habeas petition in the Dallas County trial court.

Execution scheduling and prior stays

On March 20, 2002, the Criminal District Court No. The information also described that Medina had twelve previous execution dates that were stayed by the courts, and that in his 13 years on death row he had twelve previous execution dates, all of which were stayed.

Other criminal matters and related individuals

Co-defendant

Accomplice Fernando Fernandez was convicted of armed robbery and delivery of cocaine. He began serving a 60-year prison sentence in 1989.

Other individuals named

Jimmy Sanders was identified as meeting and negotiating the drug deal. Tony (a/k/a Hector Rodriguez) was killed during the police response. A third companion was killed during the ensuing shootout with Dallas police. A black pickup truck’s occupants were described, including the occupants who had short conversation with Sanders. Another occupant of the pickup truck was not identified in one account; Medina was described as the driver of the pickup in that account.

Prior criminal history and character evidence

No evidence of prior criminal convictions was presented to the jury at the punishment phase of trial.

The State presented evidence regarding Medina’s arrest in 1985 for trespassing at an elementary school, and his arrest in 1988 for stealing an automobile. The State also presented testimony that in October 1987, Medina was involved in an unadjudicated extraneous offense—an aggravated robbery during which two people were shot. The defense countered this with business records showing Medina was working at a fast food restaurant at the time of the 1987 aggravated robbery.

Medina presented testimony from 15 witnesses that he had a good reputation for being peaceful and law-abiding. Medina also testified on his own behalf, stating that he was threatened into becoming involved in the robbery and murder of Officer Cadena, and then tried to down play his other prior bad acts.

Medina presented clinical psychologist Dr. Robert Powitzky, who testified that Medina had a dependent personality disorder, described as characterized by a need for a lot of attention and affection and a tendency “to bend over backwards to [one’s] own detriment” to get that attention and affection. Dr. Powitzky testified that he felt Medina would not commit criminal acts of violence which would constitute a continuing threat to society.

International and executive clemency context (as described)

Foreign citizens detained in the United States were described as entitled to contact their country's consulate under the Vienna Convention on Consular Relations. The Mexican consul was described as not being notified of Medina’s arrest until after Medina had already been tried and sentenced to death, and Mexican officials protested Medina’s scheduled execution and sent letters to Governor Rick Perry, U.S. Secretary of State Colin Powell, and others, urging that his sentence be commuted.

Courts in the U.S. were described as never commuted a death sentence on the basis of a Vienna Convention violation.

Medina’s clemency petition was described as denied by the Texas Board of Pardons and Paroles by a 17-0 vote, and a request for a stay of execution was described as rejected by the panel by a 16-1 vote. The information also described that Governor Rick Perry declined to issue an emergency reprieve and that the U.S. Supreme Court declined to halt the execution without comment.

Amnesty International opposed executions. A statement from the UN Sub-Commission on the Promotion and Protection of Human Rights was quoted as urging the United States authorities to stay the execution and re-examine the case, guaranteeing consular protection and a fair trial.

A joint amicus curiae brief described in the information was quoted as stating that Texas “should not be permitted to damage the United States’ relationship with its allies, invite international condemnation, and increase the danger that nationals detained abroad will be denied their time-honored right to consular assistance and protection”.

Last statement and death

Medina delivered a last statement in English and Spanish. His last statement included the following:

"First of all, I would like to apologize to the family members of the Cadena family for whatever hurt and suffering I have caused you. This opportunity has never come up before. It's not that I haven't been remorseful, things just never worked out before. Please forgive me and I hope you find it in your heart to forgive me. The peace you will find will be a temporary peace, true peace will come through find Christ. I pray through this execution, that you will find the peace you seek. Give yourself to Christ and find peace through him. I thought about your loved one very much. He will be waiting in heaven for me. I will be able to talk to him and ask him for forgiveness personally. To my family, I thank you and love you for being there for me and supporting me. This is just a stepping stone to home. The hardest part of all the years I was on death row. To all people that supported me, you will always be in my heart, as I have always been in yours. God bless you. Keep your heads up, see you again soon. Forgive me for the pain I caused you. (Spanish) To all the people of Mexico, I would like to thank them for the help. I also want to carry each and every one of you in my heart. If you are going to demonstrate, I don't want you to do anything crazy to these people. They have suffered enough. Long lives Mexico. Raise the flag of Mexico with honor. Thanks for everything. I love you. (English) To everyone on death row, keep your heads up and I will see you again. I am truly sorry, may you find peace in this. Forgive me for the pain. God bless you, I love you all, and I'm ready to go home."

In other quotations attributed to Medina immediately before or during the final statement, Medina said:

"I'd like to apologize to the Cadena family for whatever hurt and suffering I've caused them,"
"I sincerely ask in your heart to forgive me."
"I don't hold anything against anybody,"
"I am truly sorry. May you find peace in this."

He was described as singing “Amazing Grace” as the lethal injection started, and as reciting:

"I once was lost, but now am found,"

Medina lost consciousness as he recited the phrase and was pronounced dead at 6:23 p.m.

Other details

Victim details

Lawrence Rudy Cadena was an undercover Dallas police officer who was 43 at the time of the Dec. 13, 1988 incident. He set up a buy for drugs outside a convenience store.

Offender details

The information described Medina as 19 at the time of the crime and as 33 at the time of execution. Medina was described as a citizen of Mexico and as having resided in the United States since age 3. One account described conflicting information regarding whether he identified his birthplace as Mexico or Texas when asked about his birthplace.

Drug and weapon details (as described)

Medina used a TEC-9 semiautomatic in one description and opened fire with a semiautomatic Uzi machine gun in other descriptions. The events described involved a bag of white powder and cocaine, and laboratory analysis described the presence of cocaine in a sample provided by Tony to Cadena as 87 percent pure.

Final meal

No final meal was described.