Mariano Juarez Rosales

Case record: Mariano Juarez Rosales

STATUS

Mariano Juarez Rosales was sentenced to death on December 27, 1985.

Timeline

• 1984 — Mariano Juarez Rosales and his wife began experiencing marital difficulties.
• January 1985 — Mary Rosales began seeing a twenty-four year old man, Hector Balboa.
• February 1985 — Mary moved into a trailer she and Rosales owned.
• Early March 1985 — Mary sought a divorce.
• Friday, March 29, 1985 — Mary agreed to seek marriage counseling with Rosales; Mary ultimately spent the night at Hector's house.
• About 3:00 a.m., Saturday, March 30, 1985 — Tristan last saw Rosales.
• About 7:00 a.m., Saturday, March 30, 1985 — Rosales telephoned Hector's brother in an effort to find out where Hector lived.
• About 7:00 a.m. (after the calls), Saturday, March 30, 1985 — Rosales walked into Hector's house with a pistol and shot Pete Rodriguez, then shot Patricia, then shot Rachel, then shot through Hector's door, then a struggle ensued and both men were shot; Hector and Patricia survived; Rosales drove away in his truck.

Background

Mariano Juarez Rosales was a forty-six year old businessman in Houston. He and his wife of twenty-seven years, Mary Rosales, had six children. In 1984 Rosales and his wife began to experience marital difficulties.

In January of 1985, Mary began seeing a twenty-four year old man, Hector Balboa. In February, Mary moved into a trailer she and Rosales owned. She began spending some nights with Hector at the home where he lived with his mother and two sisters. In early March Mary sought a divorce. She still saw Rosales on a daily basis, however, and conjugal relations between them continued.

At one point Rosales asked Mary if she was seeing Hector, with whom he was acquainted, and Mary admitted that she was.

The offence

On Friday, March 29, 1985, Mary agreed to seek marriage counseling with Rosales. She had plans to meet Hector that evening, but Rosales asked her not to stay out long because he wanted to meet with her later. Mary agreed in order to placate Rosales, but ultimately spent the night at Hector's house.

Rosales went out that night with a friend, T.J. Tristan, and drank more than "six or eight beers" and part of "a fifth of liquor." He was last seen by Tristan at about 3:00 a.m. on the morning of Saturday, March 30, 1985.

At about 7:00 a.m., Rosales telephoned Hector's brother in an effort to find out where Hector lived. He spoke to Hector's niece, who was able to provide him the unlisted telephone number but not the address. He hung up before the girl could bring her father to the phone. Rosales next called Hector's home and spoke to his sister, Patricia Balboa. He told Patricia he was a friend of Hector's who wanted to come visit him sometime, and asked her for directions to the house. She complied.

Fifteen minutes later Rosales walked into the house with a pistol in his hand. Without a word he walked up to Pete Rodriguez, Patricia's boyfriend, who was watching television on a sofa, and shot him at point blank range in the head, killing him. He then shot Patricia in the chest, crossed the room, and shot her again in the back.

Rosales next proceeded to the front bedroom, where fifteen year old Rachel Balboa was asleep. He shot her twice, mortally. He then went to Hector's room and fired through the door, striking Hector twice.

Rosales kicked the door open and a struggle ensued, during which both Hector and Rosales were shot. Hector fled outside, followed by Rosales, who continued to point the pistol at Hector and pull the trigger, though the gun was out of rounds. Rosales then got in his truck and drove away.

Hector and Patricia survived.

People involved

• Mariano Juarez Rosales — forty-six year old businessman in Houston; defendant.
• Mary Rosales — wife of Rosales for twenty-seven years; had six children with him.
• Hector Balboa — twenty-four year old man Mary began seeing in January 1985; lived with his mother and two sisters; survived.
• T.J. Tristan — Rosales's friend; last saw Rosales at about 3:00 a.m.
• Patricia Balboa — Hector's sister; shot in the chest and again in the back; survived.
• Pete Rodriguez — Patricia's boyfriend; watched television on a sofa; was shot in the head and killed.
• Rachel Balboa — fifteen year old; Hector's sister; asleep in the front bedroom; shot twice and mortally wounded.

Other details

The evidence at guilt/innocence was summarized in the Court of Criminal Appeals' opinion on direct appeal in Rosales v. State, 841 S.W.2d 368, 381 (Tex. Crim.App.1992), and it followed United States Court of Appeals For the Fifth Circuit opinion 04-70046.