Douglas Alan Roberts

Case overview

Douglas Alan Roberts was convicted of capital murder and sentenced to death for the kidnapping, robbery, and murder of Jerry Velez.

Roberts stole a car from a woman at knifepoint at a San Antonio convenience store. Fearing the car had been reported stolen, Roberts drove into an apartment complex parking lot and abducted Jerry Velez in his own car at knifepoint. Roberts robbed Velez of his cash and ordered him to drive him out of San Antonio. Velez complied and drove Roberts out of the city.

After pulling onto a desolate rural road in Kendall County, Roberts ordered Velez out of the car at knifepoint. Velez lunged at Roberts and landed on top of the man’s knife. Roberts stated he repeatedly stabbed Velez and then ran over the victim with his car while fleeing. The State’s evidence proved Velez was run over, perhaps as many as three times.

Following the killing, Roberts drove to Austin, called 911, and told the dispatcher he kidnaped and killed Velez. In a videotaped interview with police, Roberts admitted kidnaping and murdering Velez.

A large bowie-like knife used in the killing was recovered from the front seat of Velez’s car. An autopsy determined that Velez was stabbed five times and that his ribs were fractured or broken, and his right lung was punctured. Velez also suffered “blunt trauma” to his brain. The Bexar County medical examiner stated the cause of Velez’s death was a combination of the stab wounds and trauma.

Timeline

• May 18, 1996 — Roberts stole a car from a woman at knifepoint at a San Antonio convenience store; he later abducted Jerry Velez in his own car at knifepoint, robbed him, and ordered him to drive out of San Antonio; after ordering Velez out on a desolate rural road in Kendall County, Roberts stabbed him and ran over his body as he drove away.
• January 8, 1997 — Roberts was convicted of capital murder.
• January 9, 1997 — A Kendall County jury answered the special issues resulting in a death sentence.
• June 17, 1997 — Roberts filed a brief raising four points of error.
• May 13, 1998 — The Texas Court of Criminal Appeals affirmed Roberts’ conviction and sentence.
• July 20, 1998 — Roberts filed a writ application raising four claims.
• November 20, 1998 — A district judge recommended that habeas relief be denied.
• December 14, 1998 — The U.S. Supreme Court denied certiorari review of the Texas court’s opinion on direct appeal.
• January 27, 1999 — The Texas Court of Criminal Appeals denied relief.
• January 21, 2000 — Roberts filed a federal habeas petition.
• October 22, 2003 — A San Antonio federal court denied relief and granted a certificate of appealability (COA) on two issues.
• March 26, 2003 — Roberts asked the 5th Circuit Court of Appeals to expand the issues on which a COA was granted.
• January 9, 2004 — The 5th Circuit granted a COA on two additional issues.
• August 16, 2004 — The 5th Circuit affirmed the lower court’s denial of habeas relief.
• September 30, 2004 — A Kendall County state district court ordered Roberts’ execution for April 20, 2005.
• December 22, 2004 — Roberts petitioned the U.S. Supreme Court for certiorari review and asked for a stay of execution.
• April 4, 2005 — The U.S. Supreme Court denied certiorari review and the stay request.
• January 18, 2005 — The trial court reset Roberts’ execution for April 20, 2005.
• April 15, 2005 — A Texas Attorney General media advisory scheduled Roberts’ execution after 6 p.m. Wednesday, April 20, 2005.
• April 20, 2005 — Roberts was executed by lethal injection in Texas; he was pronounced dead at 6:21 p.m.

The offence

He feared the car had been reported stolen.

Roberts later drove into an apartment complex parking lot and abducted Jerry Velez in his own car at knifepoint.

When they arrived in Kendall County, Roberts told Velez to turn off onto a road near Highway 46 and stop the car. Roberts ordered Velez out of the car on a desolate road outside the city at knifepoint. Roberts stated he repeatedly stabbed Velez, then ran over the victim with his car as he drove away.

Roberts drove to Austin. He called 911 and told the dispatcher he kidnaped and killed Velez.

Investigation and evidence

The autopsy determined Velez was stabbed five times. Velez’s ribs were fractured or broken, his right lung was punctured, and he suffered “blunt trauma” to his brain. The Bexar County medical examiner stated the cause of death was a combination of the stab wounds and trauma.

Trial

Roberts was indicted for capital murder and was convicted of capital murder in January 1997.

During the trial, Roberts instructed his attorney to call no defense witnesses and to pick a jury that favored the death penalty. Roberts directed trial strategy toward the imposition of the death penalty. The defense did not present mitigation witnesses in the punishment phase, and no jury instruction on parole laws was requested.

Sentencing

A Kendall County jury answered the special issues resulting in a death sentence on January 9, 1997. Roberts was sentenced to death.

Appeals

Roberts filed a brief raising four points of error on June 17, 1997.

The Texas Court of Criminal Appeals affirmed Roberts’ conviction and sentence on May 13, 1998.

Roberts filed a writ application raising four claims on July 20, 1998. A district judge recommended habeas relief be denied on November 20, 1998. The U.S. Supreme Court denied certiorari review of the Texas court’s opinion on direct appeal on December 14, 1998.

On January 27, 1999, the Texas Court of Criminal Appeals denied relief.

Roberts filed a federal habeas petition on January 21, 2000. A San Antonio federal court denied relief and granted a certificate of appealability on October 22, 2003.

Roberts asked the 5th Circuit Court of Appeals to expand the issues on which a COA was granted on March 26, 2003. On January 9, 2004, the 5th Circuit granted a COA on two additional issues.

The 5th Circuit affirmed the lower court’s denial of habeas relief on August 16, 2004.

Roberts petitioned the U.S. Supreme Court for certiorari review and a stay of execution on December 22, 2004. The U.S. Supreme Court denied certiorari review and the stay request on April 4, 2005.

The U.S. Supreme Court denied certiorari review and the stay request in Roberts v. Dretke, 381 F.3d 491 (5th Cir. 2004) (Habeas) and Roberts v. Dretke, 356 F.3d 632, 641 (5th Cir. 2004) (Habeas), with habeas proceedings including expanded COA issues.

Habeas proceedings (federal)

Roberts challenged his Texas state capital murder conviction and his sentence in habeas corpus proceedings.

The United States District Court for the Western District of Texas, Edward C. Prado, J., denied habeas relief. A certificate of appealability (COA) was granted, including questions about competency proceedings and evidentiary development.

In Roberts v. 2004), the court granted a COA on ineffective assistance claims, including:

• failure to properly develop evidence confirming or refuting that Roberts was mentally ill, and
• failure to make adequate use of Roberts’s court-appointed psychiatrist.

In Roberts v. Dretke, 381 F.3d 491 (5th Cir. 2004), the court affirmed denial of habeas relief after addressing habeas claims regarding competency hearing issues and ineffective assistance of counsel, including whether the state habeas court’s conclusions were unreasonable and whether the petitioner was entitled to an evidentiary hearing.

Other trial details and defendant statements

Roberts gave a complete confession in a videotaped interview with police.

Roberts described being “high on crack-cocaine” at the time of the killing. In an interview from death row, he said: “I was stoned out of my mind.”

Roberts said he was “lost in an unfamiliar place,” saw Velez, and thought, “this guy is going to take me out of the city. So I kidnapped him and his vehicle.”

Roberts said Velez decided at the last minute he “didn’t want to be stranded, or thought he could overpower me.”

Roberts said he waited to be arrested after calling police, because he realized that drugs had “complete control over” him.

Roberts said: “This was someone I’d gotten off the street. Who was it going to be the next time? A little woman? A little kid?”

Roberts said he first tried cocaine at age 10.

Roberts directed his attorney not to file last-minute appeals to keep him alive.

Roberts said he did not have desire to die, but he saw his execution as a way to end the loneliness and isolation of death row, describing it as “23 hours a day in a cement box.”

Roberts stated: “I killed the guy they said I killed.” and also stated, “There’s no question about that ... So if you’ve got to spend the rest of your life like this, and if you’re like me and know the Lord, the today’s a good day to go.”

In a final statement and moments before lethal drugs were administered, Roberts said:

“I've been hanging around this popsicle stand way too long, I want to tell you all. When I die, bury me deep, lay two speakers at my feet, put some headphones on my head and rock 'n' roll me when I'm dead. I'll see you in heaven some day.”

Roberts was smiling and mouthing “I love you all” to friends watching through a window. Roberts then said “I've got to go” and took his final breath.

Execution

Roberts was executed by lethal injection on April 20, 2005 in Texas. He was pronounced dead at 6:21 p.m.

He was described as upbeat and animated in the seconds before the lethal drugs were administered. The final statement included a request to be buried deep and to have “two speakers” at his feet with “headphones” and “rock 'n' roll” when he was dead.

Final meal

Roberts received the following final meal:

• Three Southern fried chicken breasts
• Two bacon
• Lettuce and tomato sandwiches
• Three enchiladas
• Ground beef
• Two grilled pork chops
• Six corn tortillas
• Four deviled eggs
• 12 green olives with Italian ketchup
• Butter beans and cabbage seasoned with hambone
• Broccoli with cheese sauce
• Fried onion rings
• French fries
• Tomato, lettuce, cheese, picante sauce, onions and jalapenos

Case identifiers

Roberts v. Dretke, 381 F.3d 491 (5th Cir. 2004) (Habeas) Roberts v. 2004) (Habeas)