Donald Newbury

Case identification

Donald Newbury (TDCJ Number 999403) was born on 05/18/1962. He was white, male, and had brown hair. His height was 6 ft 0 in and his weight was 215. His eye color was brown.

Background

Newbury’s native county was Bernalillo, and his native state was New Mexico.

He had prior occupation as a carpenter, electrician, and laborer.

Newbury had a prior prison record: #326418 on a 10 year sentence from Travis County for one count of aggravated robbery. He was released on mandatory supervision on 07/23/1985, and he returned from mandatory supervision on 04/08/1987 with a 15 year sentence from Travis County for one count of aggravated robbery with a deadly weapon. He was released on parole on 03/04/1992, and he returned from parole on 05/15/1998 with a 99 year sentence from Travis County for one count of aggravated robbery with a deadly weapon.

The group: the Texas 7 and escape context

The Texas 7 was a group of prisoners who escaped from the John Connally Unit near Kenedy, Texas on December 13, 2000. They were apprehended January 21–23, 2001 as a direct result of the television show America’s Most Wanted.

The group was composed of the following Texas state prisoners:

• Joseph C. Garcia
• Randy Ethan Halprin
• Larry James Harper (deceased by suicide)
• Donald Keith Newbury
• Patrick Henry Murphy, Jr.
• George Rivas (Ringleader)
• Michael Anthony Rodriguez (executed in 2008)

At the time of the breakout, George Rivas, reported ringleader of the Texas Seven, was serving 18 consecutive 15-to-life sentences. Michael Anthony Rodriguez was serving a 99-to-life term. Larry James Harper, Joseph Garcia, and Patrick Henry Murphy, Jr., were all serving 50 year sentences. Newbury was serving a 99-year sentence. Randy Halprin was 23 and serving a 30-year sentence for injury to a child.

Timeline

• December 13, 2000 — The Texas Seven escaped from the John B. Connally Unit, a maximum-security state prison near the South Texas city of Kenedy.
• December 14, 2000 — The group robbed a Radio Shack in Pearland, Texas around 2 AM.
• December 19, 2000 — Four members checked into an Econo Lodge motel in Farmers Branch, Texas under assumed names.
• December 24, 2000 — The group held up an Oshman’s Sporting Goods in nearby Irving, Texas and stole 44 guns.
• January 20, 2001 — A friend of Wade Holder watched America’s Most Wanted and told Wade that they were staying in his RV Park.
• January 21, 2001 — A report of suspicious activities was made to local authorities; the El Paso County Sheriff’s Department SWAT team found Garcia, Rodriguez, and Rivas in a Jeep Cherokee in the RV Park and moved in to capture them.
• January 23, 2001 — Information on the whereabouts of the last two was received; they were hiding out in a Holiday Inn in Colorado Springs, Colorado.
• January 24, 2001 — A local KKTV television anchorman, Eric Singer, was taken into the hotel; the two were interviewed by telephone on camera.
• January 28, 2002 — Newbury was sentenced to death.
• August 14, 2008 — Michael Anthony Rodriguez was executed.

Escape

On December 13, 2000, the seven convicts overpowered and restrained nine civilian maintenance supervisors, four correctional officers, and three uninvolved inmates at approximately 11:20 a.m. The escape occurred during the slowest period of the day when there would be less surveillance of certain locations like the maintenance area, during lunch and at count time.

Several plans involved one offender calling someone over while another hit the unsuspecting person on the head from behind. After a victim was subdued, the offenders removed some of the victim’s clothing, tied the victim up, gagged the victim, and placed the victim in an electrical room behind a locked door.

The attackers stole clothing, credit cards, and identification from their victims. The group impersonated prison officers on the phone and created false stories to ward off suspicion from authorities.

After that, three of the group made their way to the back gate of the prison, some disguised in stolen civilian clothing. They pretended to be there to install video monitors. One guard at the gatehouse was subdued, and the trio raided the guard tower and stole numerous weapons.

Meanwhile, the four offenders who stayed behind made calls to the prison tower guards to distract them. They then stole a prison maintenance pick-up truck, which they drove to the back gate of the prison, picked up their cohorts, and drove away from the prison.

Crime spree

The white prison truck was found in the parking lot of the Wal-Mart in Kenedy, Texas.

The Texas 7 first went into San Antonio right after breaking out of the complex.

Realizing that they were running out of funds, they robbed a Radio Shack in Pearland, Texas the next day on December 14 at around 2 AM. To bypass store security, they entered an adjacent computer software store. They knocked down the flimsy sheetrock wall to the other side. Once inside and undetected, they tethered the Radio Shack safe to their truck and dragged the large safe outside of the building, causing damage to the parking lot and pavement.

On December 19, four of the members checked into an Econo Lodge motel in Farmers Branch, Texas under assumed names. They decided to rob an Oshman’s Sporting Goods in nearby Irving, Texas.

On December 24, 2000, they held up the store and stole 44 guns.

A customer standing outside of the store noticed the commotion inside and called police. Irving police officer Aubrey Hawkins responded to the call, arrived on the scene, and was almost immediately ambushed. His autopsy would show that he had sustained eleven gunshots and his body had been run over by the fleeing gang.

After Hawkins’ murder, a $100,000 reward was offered to whoever could snare the group of criminals. The reward climbed to $500,000 before the group was apprehended.

Investigation and arrest / capture

A friend of Wade Holder, the owner of the Coachlight Motel and R.V. Park in Woodland Park, Colorado, watched America’s Most Wanted on January 20, 2001 and told Wade they were staying in his RV Park. Wade believed that the Texas 7, who were being compared to Angel Maturino Resendiz, were in his trailer park. When Wade confirmed this, he reported the suspicious activities to local authorities the next day on January 21.

The El Paso County Sheriff’s Department SWAT team found Garcia, Rodriguez, and Rivas in a Jeep Cherokee in the RV Park. Authorities moved in and captured them at a nearby gas station.

They found Halprin and Harper in an RV. Halprin surrendered peacefully. Harper was found dead after a standoff; he had shot himself in the chest and left temple with a pistol.

The surviving four members were taken into police custody.

On January 23, they received information on the whereabouts of the last two. The last two were hiding out in a Holiday Inn in Colorado Springs, Colorado. A deal brokered between Newbury and Murphy allowed them to make live TV appearances before they were arrested.

In the early hours of January 24, Eric Singer, a local KKTV television anchorman, was taken into the hotel. On camera, he interviewed the two by telephone. Both harshly denounced the criminal justice system in Texas. Newbury added: “the system is as corrupt as we are.”

Authorities later found out that a woman named Patsy Gomez conspired with a man named Raul Rodriguez, the father of Michael Rodriguez, to help the Texas 7.

The offence and case-specific incident

While on escape from TDCJ, Newbury and 6 co-defendants robbed a sporting goods store at gunpoint. An Irving police officer was murdered outside the store as Newbury and co-defendants left the scene.

People connected to the case

Co-defendants and related outcomes mentioned

• George Rivas — sentenced to death; described as the ringleader; extradited to Texas.
• Michael Rodriguez — sentenced to death; executed in 2008 after announcing that he wished to forgo any further appeal beyond the appeal to the Texas Court of Criminal Appeals.
• Larry Harper — committed suicide (found dead after a standoff; shot himself in the chest and left temple with a pistol).
• Joseph Garcia — listed as part of the group.
• Patrick Murphy, Jr. — listed as part of the group; Newbury and Murphy made live TV appearances before arrest.
• Randy Halprin — surrendered peacefully during the capture phase; listed as the youngest member and serving a sentence for injury to a child.
• Aubrey Hawkins — the Irving police officer murdered outside the store.

Additional named individuals

• Wade Holder — owner of the Coachlight Motel and R.V. Park in Woodland Park, Colorado.
• Eric Singer — KKTV television anchorman who interviewed the two by telephone on camera.
• Patsy Gomez — conspired with Raul Rodriguez to help the Texas 7.
• Raul Rodriguez — father of Michael Rodriguez; conspired with Patsy Gomez to help the Texas 7.
• Angel Maturino Resendiz — referenced in comparison.
• Wade Holder’s friend (unnamed) — watched America’s Most Wanted and told Wade they were staying in the RV Park.
• The customer standing outside of the store — noticed commotion inside and called police (name not provided).

Sentencing

Newbury was sentenced to death on January 28, 2002.

Appeals and post-sentencing procedural status

The other five surviving members of the Texas 7 were awaiting final resolution of their appeals while Rodriguez announced he wished to forgo any further appeal beyond the mandatory appeal to the Texas Court of Criminal Appeals in all death-penalty cases. Rodriguez underwent a court-ordered psychiatric evaluation in January 2007 concluding that he was mentally competent to decide to forgo further appeals, and he was executed on August 14, 2008.

Outcome and related status information in the case record

Newbury remained under the death sentence status reflected by the case record.

Other details

Newbury received TDCJ entry: “01/28/2002 39 6” appears in the case summary as part of the record fields. The “member with the longest rap sheet of the group” description was included in the escape context.