Christian Oliver

Case details

Christian Oliver was a male prison inmate executed by lethal injection in Texas on November 5, 2009. He was identified with TDCJ Number 999301 and date of birth 08/26/1977. He had 12 years of education and worked as a laborer.

The offence

On 03/17/1998, Christian Oliver and three juvenile co-defendants drove to the residence of Joe Collins, a 64-year-old white male. They knocked on the door, and no one answered. Believing no one was home, the juvenile co-defendants drove back down the road a short distance and parked.

Oliver and one of the other juveniles went back to the house with bolt cutters, Oliver’s .380 pistol, and a handful of bullets. Oliver cut the padlock on the door with his bolt cutters. They entered and found a rifle and unplugged a VCR and television, stacking them in the living room.

Joe Collins arrived home while Oliver and the second juvenile were in the house. Oliver shot Collins in the face with a 380-caliber handgun and hit Collins in the face with the butt of a rifle. Oliver and the co-defendants fled the scene.

The case record also described an attack in which Collins was beaten around the head with the butt of a rifle after being shot in the face. It further described evidence that Collins was nearly unrecognizable when found dead in the front yard of his home. It stated that at least two of five shots to hit Collins came while he was on his back on the ground outside his house.

Investigation

The record described that Rubycalbaba family members and police interaction after the attack led to information and testimony that resulted in Oliver’s arrest.

Arrest

Oliver was arrested in Houston with his girlfriend, Sonya Reed (Sonya Fawn Reed in some portions).

Trial

On 04/20/1999, Oliver was convicted of capital murder. During the punishment phase, the State presented evidence that Oliver began committing burglaries about a year and a half before the murder of Joe Collins.

The record stated that a long-time accomplice and co-hart of Oliver testified to numerous burglaries Oliver committed with him, including:

• A residential burglary committed in September 1996 in which they stole guns
• An October 1996 burglary of the Heart of Texas Coliseum
• Two burglaries in June 1997 of Filling Station No. 7 (also known as Hilltop Grocery)
• A July 1997 burglary of a sporting goods store
• A July 1997 burglary of a Little League concession stand
• An August 1997 burglary of a coliseum and general exhibits building
• An October 1997 burglary of a community college field house
• The theft of a large fishing boat from Donn’s Boat Sales

It also stated that the accomplice said that when Oliver and the accomplice attempted to burglarize Waco High School, they fled after they were caught by a security guard. After they were in the car, Oliver fired a gun. The security guard testified that Oliver pulled the gun and pointed it at him across the car roof and also aimed and fired the gun at an approaching janitor.

The record stated testimony was offered that Oliver car-jacked a man at Boskey Park in October 1997 by pulling a gun on a man in a parking lot and taking his wallet and keys. It also described testimony that Oliver broke into a store near Rusk and left with things from the store.

The record described a controversy involving jurors consulting the Bible during sentencing deliberations. It stated that evidence was heard and the accounts varied, including accounts of one Bible versus several Bibles present in the jury room, and accounts of whether any reading occurred before or after deliberations. It described jurors’ testimony that “was not a focus of their discussions” in one account.

A quotation attributed to Oliver at the time of execution was included in multiple portions:

“I know you are not going to get the closure you are looking for,” Oliver said to the victim’s family. “I pray for ya’ll every day and every night. I have only the warmest wishes. I am sorry for what you are having to go through.”

The record also included another quotation from Oliver reciting Scripture:

“The Lord is my shepherd.”

Sentencing

At trial, the jury sentenced Oliver to death. A trial court accordingly set applicant’s punishment at death after the jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071.

Appeals

Direct appeal and state habeas

• April 17, 2002 — The Texas Court of Criminal Appeals affirmed.
• October 30, 2002 — The Texas Court of Criminal Appeals denied habeas corpus relief.

The record also included procedural detail from a per curiam order in a later application for writ of habeas corpus:

• Applicant filed his initial post-conviction application for writ of habeas corpus in the trial court on January 9, 2002.
• This Court denied relief.
• After the time to file the initial application had passed, applicant also filed in the trial court a document entitled, “Applicant's Objections to Disposition Without Evidentiary Hearing and Motion for Extension of Time to File Habeas Findings of Fact and Conclusions of Law.”
• The Court concluded that because applicant attempted to raise two additional claims in that document, it was a subsequent application.
• The Court reviewed the claims raised under Article 11.071, § 5, determined that they did not meet the dictates of the statute, and dismissed them.

Federal review and certiorari

The record stated:

• January 21, 2003 — The U.S. Supreme Court denied a writ of certiorari. (direct appeal)
• April 28, 2003 — The U.S. (state habeas)
• January 21, 2004 — Petition for writ of habeas corpus filed in U.S. district court.
• November 10, 2005 — The federal district court denied habeas corpus relief.
• February 2, 2006 — The federal district court granted COA.
• November 16, 2007 — The U.S. Court of Appeals for the Fifth Circuit denied COA.
• January 5, 2009 — Oliver filed a petition for writ of certiorari in the Supreme Court.
• April 20, 2009 — The Supreme Court denied Oliver’s petition for writ of certiorari.

The record also included a Texas Court of Criminal Appeals per curiam order about a subsequent application for writ of habeas corpus and a motion to stay execution:

• The application was dismissed and applicant’s motion to stay his execution was denied.
• Applicant’s motion to recuse the Presiding Judge was denied.

The record included the order’s heading and some exact procedural language:

ORDER - PER CURIAM. This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5, and a motion to stay his execution.

And it included the order’s conclusion:

Accordingly, the application is dismissed, and applicant's motion to stay his execution is denied.

Outcome

On November 5, 2009, Christian Oliver was executed by lethal injection. He was pronounced dead at 6:18 p.m., eight minutes after lethal dosage of drugs was introduced into his bloodstream.

The record included a victim-family statement attributed to Joe Collins Jr.:

“The good Lord was on our side this time,” Collins’ son Joe Preston Collins Jr. said in a press conference following the execution.

It also included another quotation attributed to Joe Collins Jr.:

“I felt that it was more self-healing for him than for us,” Collins Jr. said. “He didn't admit to much. He wanted us to feel better...but, you know, its kind of hard... we have been waiting 11 years.”

And another quotation attributed to Joe Collins Jr.:

“There is closure, despite his sentiment.”

A quotation attributed to Gary Collins described the family’s view of the process:

“Everything was good,” Gary Collins said, describing his father.

The record also stated that the execution was witnessed by Oliver’s parents, Kermit and Katie Oliver, and by his sister and brother-in-law, Kristy and Tony Pullings, his brother, Khristopher Oliver, and spiritual advisor, Wayne Whiteside. It stated that the victim’s children were in attendance, including sons Joe Preston Collins Jr., Gary Allen Collins, Alton Ray Collins, and his daughter, Elsie Faye Walker. One son, Alvin Lee Collins, was not present. It stated that Nacogdoches County Sheriff Thomas Kerss and District Attorney Nicole LoStracco were present to support the family but did not witness the execution.

The record also included general execution information, stating lethal injection consists of three injections: sodium thiopental, pancuronium bromide, and potassium chloride.

Co-defendants and other persons

The record listed the following co-defendants:

• Reed, Sonya Fawn — sentenced to 99 years
• Rubalcana, Benardo — sentenced to 5 years
• Rubalcana, Lonnie — sentenced to 10 years

It also described that Oliver and three juvenile co-defendants were involved in the burglary and killing, and it referenced other names including:

• Joe Collins (also referred to as Joe Preston Collins Sr. and Joe Collins Sr. in some portions)
• Joe Preston Collins Jr.
• Gary Collins
• Joe Preston Collins Jr. again in another portion
• Lonny Rubalcaba
• Benny Rubalcaba
• Wayne Whiteside
• David Dow (Oliver’s lawyer)
• Greg Abbott (Texas Attorney General)
• Gov. Rick Perry
• Thomas Kerss
• Nicole LoStracco
• Mary Rainwater (named in a byline portion)
• Michael Graczyk (named in a byline portion)
• Christy Wooten (named in a byline portion)
• Carl Hoover (named in a byline portion)
• Egon Clausen (named in a portion describing a documentary and a book)
• Egon Clausen was named as the Danish journalist

Other details

Education and occupation

Oliver had 12 years of education and worked as a laborer.

Prior prison record

The record stated that Oliver had no prior prison record.

Scheduling and execution notice

The record included a Texas Attorney General media advisory:

• Thursday, October 29, 2009 — Khristian Oliver scheduled for execution.

Execution-related participation and statements

The record included narrative content stating that Oliver prayed and cited Psalm 23 during the execution, and that his voice trailed off as the drugs took effect. It also included that after expressing love to his own family members, Oliver cited Psalm 23 and was hushed by effects of the drugs. It further included that a portion of the prayer continued to “my cup runneth” before effects of the drugs took effect.

Bible-related legal claims

The record included a dispute about whether jurors consulted the Bible during sentencing deliberations, including descriptions of varying juror accounts and the characterization of the Bible as an external influence in federal review. It also included quotations of Bible passages used in the controversy:

• One passage read aloud as: “And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death”.
• Another set of passage text from Numbers was included verbatim:

And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.
Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.
The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.
Numbers 35:16-19 (King James).

Texas execution procedure details

The record stated that lethal injection consists of three injections and named each drug. It also stated the cost of the drugs used for an execution is $86.08.

Amnesty and other advocacy material contained in the record

The record included statements from Amnesty International, including a call on Texas authorities to commute Oliver’s death sentence, and a statement that jurors’ use of the Bible raised serious questions about impartiality.

It also included statements about the Supreme Court’s refusal to hear Oliver’s appeal and that Gov. Rick Perry refused to stop the punishment.

Family accounts and timelines in narrative portions

The record stated that Joe Collins Sr. left home to pick up dinner on March 17, 1998, and returned to find Oliver and 16-year-old Benny Rubalcaba inside his home, and that Collins grabbed a rifle and shot Benny Rubalcaba in the leg.

It also stated that the victim’s children included a son not present, and that one portion said the neighbor found Collins in his front yard.

Additional procedural and legal information in the record

The record included listing of legal docket identifiers and dates, including “06-70006”, “petition for writ of certiorari”, and “Name TDCJ Number Date of Birth”, along with the listed identity and birth date.