Joseph Ray Ries

Timeline

• Fall of 1998 — Joseph Ray Ries formed a friendship with Robert Ratliff and moved in to live with him in Cumby, Texas.
• 02/18/1999 — Ries and some associates stole Robert Ratliff’s pickup truck from his residence.
• 02/21/1999 — Ries and Christopher White broke into Robert Ratliff’s house; neither Ratliff nor Ratliff’s Lincoln Continental was present.
• 02/22/1999 — After Ratliff returned home and went to sleep, Ries and White entered the house again; Ries shot Ratliff multiple times and Ries and White drove away in Ratliff’s Lincoln Continental.
• 02/26/1999 — Ries and Christopher White were arrested in Lawton, Oklahoma in the victim’s car.
• 11/17/1999 — A Hopkins County jury convicted Ries of capital murder.
• 11/23/1999 — The District Court of Hopkins County sentenced Ries to death.
• 06/12/2002 — The Texas Court of Criminal Appeals affirmed the conviction and sentence.
• 03/03/2004 — The Texas Court of Criminal Appeals denied state habeas relief.
• 05/19/2004 — The Court of Criminal Appeals denied habeas relief.
• 05/18/2005 — Ries petitioned the federal courts for writ of habeas corpus relief.
• 10/31/2006 — A U.S. district court denied habeas relief and entered final judgment.
• 12/20/2006 — The federal district court granted Ries a certificate of appealability.
• 03/27/2008 — The Fifth Circuit Court of Appeals affirmed the denial of habeas relief.
• 06/25/2008 — The U.S. Supreme Court granted certiorari review.
• 09/30/2008 — Ries petitioned for clemency from the Texas Board of Pardons and Paroles.
• 10/21/2008 — Texas executed Joseph Ray Ries by lethal injection; he was pronounced dead at 6:17 p.m. CDT, after seven minutes.

Background

Joseph Ray Ries, a Texas state prisoner, formed a friendship with Robert Ratliff in the fall of 1998 and moved in to live with Ratliff in his home in Cumby, Texas. After a dispute over missing property, Ratliff evicted Ries from the home. Ries’s age was 20 when received on 11/29/1999 and 19 at the time of the offense on 02/22/1999. Ries was white, male, with brown hair and hazel eyes, 5' 7" tall, and 135 pounds, and his county of native was native Oregon. His prior prison record was none and his prior occupation was Douglas, Oregon laborer. The State presented testimony about Ries’s bad reputation in the law enforcement community and incidents involving Ries breaking down a locked front door and entering his ex-girlfriend’s residence. Testimony also showed Ries had stolen a car and had caused property damage in one of his foster homes. A psychological study conducted while Ries was on juvenile probation noted poor impulse control, disregard for rules and regulations, intense anger towards several family members, and seemingly little guilt over past indiscretions. Additional State witnesses testified Ries had difficulty getting along with peers, was aggressive, and often made and carried out threats. A Marine Corps recruiter testified that when he interviewed Ries about why he wanted to be a Marine, Ries said he wanted to be able to “kill somebody and get away with it.” Ries met Robert Ratliff in the fall of 1998 and both lived in northeast Texas.

The offence

On 02/22/1999, Ries and the co-defendant Christopher White broke into the residence of 64-year-old white male Robert Ratliff in Hopkins County while Ratliff was asleep. The evidence showed that Ries and White stole Ratliff’s wallet and car keys before exiting Ratliff’s bedroom and shot Ratliff in the back as he slept in bed, then shot him in the neck. Hearing the noise, White entered the room and asked what had happened; Ries sent White out of the room and fired one last fatal shot behind Ratliff’s ear. Ries and White then took Ratliff’s Lincoln Continental and drove away.

Ries and White also committed a burglary connected to the killing. On 02/21/1999, they broke into the house and took items, including two .22-caliber rifles, and waited for Ratliff to arrive home. After Ratliff arrived and went to bed, Ries and White entered again; Ries shot Ratliff in the back as he slept. They drove away in Ratliff’s Lincoln Continental.

Prior to the burglary at Ratliff’s home, on 02/18/1999, Ries and some associates stole Ratliff’s pickup truck from his residence. Ries then drove the truck to San Antonio with Christopher White, but because it got poor gas mileage they decided to return to Ratliff’s residence and steal his Lincoln Continental. They arrived on the evening of 02/21/1999, and neither Ratliff nor his Lincoln Continental was present. They broke in, took some items including two .22 rifles, and later drove the pickup into a pond, submerging it completely. They hid behind a barn and waited for Ratliff to come home. After Ratliff came home, they waited another thirty minutes until the lights in the house were turned off. By this time it was the morning of 02/22/1999, and Ries and White entered the house again.

Property belonging to Ratliff was later pawned. Ratliff’s body was found later by a relative. Authorities identified Ries as the triggerman.

Investigation

Ries confessed to the robbery and murder on videotape. During a videotaped interview with authorities, Ries admitted his role in the robbery and murder. Martin Braddy, the Hopkins County district attorney who prosecuted Ries, stated:

“Why Mr. Ries decided to stop and murder him, it's beyond me. That's something only he can understand. He had the keys and he was leaving the house when they killed him. It just seemed so cold and callous and so useless.”

Arrest

Ries and White were arrested in Lawton, Oklahoma in the victim’s car on 02/26/1999, four days after the killing in 02/22/1999. Ries was driving the victim’s car, which by then had been reported stolen, and was wearing Ratliff’s hat.

Trial

A Hopkins County jury convicted Ries of capital murder on 11/17/1999. The Texas Court of Criminal Appeals summarized evidence supporting Ries’s conviction as follows:

The evidence showed that [Ries] first met Robert Ratliff, the victim, in the fall of 1998. They formed a friendship, and at some point, [Ries] moved in to live with Ratliff. However, there was later a dispute about missing property, and [Ries] was evicted from Ratliff's house. On February 18, 1999, [Ries] and several associates stole a pickup truck from Ratliff's residence. [Ries] and Christopher White drove to San Antonio in the truck, but because the pickup did not get good gas mileage, they decided to return to the Ratliff residence and take a Lincoln Continental. They arrived at Ratliff's place on the evening of February 21st, but neither Ratliff nor his Lincoln Continental was present. [Ries] and White broke into the house and took some items, including two .22 rifles. Later that evening, they drove the pickup into a pond, so that the truck was completely submerged. Hiding behind a barn, they watched Ratliff come home and waited until the lights in the house were turned off (approximately thirty minutes later). [Ries] and White then entered the house. [Ries] sneaked into Ratliff's bedroom and took the victim's wallet and car keys. Before exiting the room, [Ries] shot Ratliff in the back as he slept in bed. The victim then awoke, and [Ries] shot him in the neck. Hearing the noise, White entered the room and asked what had happened. [Ries] sent White out of the room and fired one last, fatal shot behind the victim's ear. [Ries] and White then took the Lincoln Continental and drove away.
Ries v. State, No. 73, 737, at 2-3 (Tex.Crim.App. June 12, 2002).

Ries’s jury deliberated seven minutes before convicting him. Ries was convicted for intentionally causing the death of Robert Ratliff by shooting him in the course of a burglary under Texas Penal Code § 19.03(a)(2). Following the penalty phase of the trial, based on the jury’s answers to the Texas special sentencing issues, the trial court sentenced Ries to death on 11/23/1999.

Christopher White was tried separately and convicted of capital murder. White received life in prison.

At the punishment hearing, several witnesses testified about Ries’s aggressive and destructive behavior and threats of violence, including breaking down the door of his ex-girlfriend’s residence and damaging property in one of his foster homes. A U.S. Marine Corps recruiter testified about Ries’s statement that he wanted to be able to kill somebody and get away with it. In the videotaped confession and subsequent statements, Ries said he was high when the shooting occurred, and later when he made a videotaped confession to police.

Ries made the following statement in an interview outside death row:

“I'm not sure exactly what happened. … I said recently in an interview outside death row.”

He also described his memory as follows:

“I'm not sure exactly what happened. … I said recently in an interview outside death row. The prospect of death was frightening "in a way," Ries said, but added that he'd accepted Christ into his life and was prepared for it.”

In another account, Ries stated:

“I'm not exactly sure what happened,” Ries said in an interview from death row the week before his execution. He said he remembered stealing the pickup, driving to San Antonio and getting high, then driving back. “The next thing I know, I'm sitting in a car, freaking out,” he said. “I'd killed somebody.”

Sentencing

On 11/23/1999, the District Court of Hopkins County sentenced Ries to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence on 06/12/2002. Ries did not seek certiorari review after direct appeal.

Appeals

Ries v. Quarterman, 522 F.3d 517 (5th Cir. 2008) (Habeas). The federal appellate decision held that Ries’s petition was denied and the district court’s denial was affirmed.

Procedural history included:

• 10/31/2006 — A U.S.
• 03/27/2008 — Fifth Circuit Court of Appeals affirmed the denial of habeas relief.
• 06/25/2008 — The U.S. Supreme Court grants certiorari review.

The Fifth Circuit decision included a description of the issues and holdings. It stated that:

• Ries failed to exhaust claims that trial counsel was ineffective for failing to introduce the case for mitigation at voir dire and at closing.
• Alleged incompetency of post-conviction counsel was not good cause for procedural default on claims that trial counsel was ineffective for failing to introduce the case for mitigation at voir dire and during closing.
• Counsel was not ineffective in presenting mitigating evidence during the punishment phase.
• Counsel was not ineffective in arguing the case for mitigation during closing.
• Counsel was not ineffective for failing to assert an objection to prosecutor’s statements during closing.
• Prosecutor’s statements during closing that defendant deserved to die did not violate due process.
• Appellate counsel was not ineffective for failing to challenge trial court’s exclusion of evidence of capital murder defendant’s remorse.

The Fifth Circuit decision reproduced prosecutor statements from closing that were challenged by Ries. It quoted the prosecutor:

“I have never asked a jury, Joey, to do something that I can't do myself. And on the evidence in this case I can release the poison. You know it and you deserve to die. That's why we're here.”

It also quoted:

“Why do we have the death penalty? I know some of you on the jury have thought about the death penalty and why, we as a country and we as a state, believe it's important. I can tell you why I think it is. I believe that when you take a human life, that if you as a society and you as a group of people, do not value the life long enough to take a murderer's life, then you are not going to last very long.”

Ries’s state post-conviction mitigation claim proceeded through a remand in which counsel provided an affidavit explaining why they chose not to present mitigation evidence at the punishment phase. The Court of Criminal Appeals remanded “so that the habeas corpus record can be supplemented with an affidavit from counsel explaining why they chose not to present mitigation evidence at the punishment phase of Appellant's trial.” The Court of Criminal Appeals later denied Ries’s ineffective assistance claim based on mitigation after reviewing the affidavit.

Outcome

On 10/21/2008, Texas executed Joseph Ray Ries by lethal injection. He was pronounced dead seven minutes later at 6:17 p.m. CDT.

Aftermath

Ries expressed love to friends watching through a death chamber window and urged them to stay strong because “Jesus is coming back soon.” Looking toward another window, he told two daughters of his victim he was “really sorry for what I've done.” Ries prayed that they would find peace through God and said:

“I hope he heals your heart. The truth is that you are going to feel empty after tonight. Standing with Christ in your heart, he can only give you peace. I pray you can find it. I really do.”

As the lethal drugs began flowing, he started to sing a hymn:

“Our God is an Awesome God,” he sang. “Lord I lift your name on high.”

He then slipped into unconsciousness and was pronounced dead seven minutes later at 6:17 p.m. CDT.