Michael Anthony Rodriguez

Case record: Michael Anthony Rodriguez

STATUS

Michael Anthony Rodriguez was executed by lethal injection in Texas on August 14, 2008.

Background

Michael Anthony Rodriguez was one of the “Texas Seven,” a group of convicts who escaped prison and eluded authorities for over a month beginning in December 2000. He escaped from the Texas Department of Criminal Justice Connally Unit in December 2000 and later became one of the six surviving members of the “Texas Seven” who escaped.

At the time of the escape, Rodriguez was serving a life sentence for capital murder after hiring a man to kill his wife Theresa for an insurance policy worth $250,000 in 1994. Within the escape and events that followed, the group took civilians and inmates hostage and conducted robberies while fleeing.

Rodriguez attended a Catholic high school in San Antonio. He took classes at Southwest Texas State University in San Marcos and testified that he was a college graduate. He later claimed a religious conversion while on death row and sent letters to judges requesting that there be no further appeals in his case.

Defense attorneys argued that sexual abuse by a teacher at his Catholic high school, as well as a lifelong effort to conceal his homosexuality from a religious family, may have spurred his criminal behavior. Rodriguez told The Associated Press that “I felt so horrible, the depth of evil I fell into,” and that “That whole thing, then going gay, that was a lie. It's not true. We just had to come up with something.”

Rodriguez later apologized to Officer Aubrey Hawkins’ family in letters. He apologized in a letter to Officer Hawkins' mother, Jayne Hawkins, who later died of cancer. He also apologized in his final statement to members of the Hawkins family and the Sanchez family.

Rodriguez requested that all appeals on his behalf be discontinued. A federal judge approved his request to end his appeals Sept. 27, and the request was approved two days after the U.S. Supreme Court agreed to consider a claim by Kentucky inmates that lethal injection in Kentucky was inhumane.

The offence

Rodriguez was one of the “Texas Seven” who murdered Irving police officer Aubrey Hawkins during a Christmas Eve robbery in Irving, Texas, after the group escaped from the Connally Unit.

At the time of the escape from prison, the group members overpowered and bound civilian maintenance supervisors and correctional officers, and also bound uninvolved inmates in an electrical room. They took clothes from civilian workers, raided a guard tower for guns and ammunition, and used stolen identification and stolen clothing.

On Christmas Eve, the group robbed an Oshman's sports store in Irving, Texas. The group went in at closing time, took several employees hostage, and stole guns and ammunition along with around $70,000 in cash and checks.

After the robbery, Rodriguez and the escapees encountered Irving police officer Aubrey Hawkins. Hawkins was shot 13 times, including six shots to the head, and was run over by the escapees’ car as they fled the scene of the murder.

Investigation

A nationwide manhunt followed the escape and the robbery and murder of Officer Aubrey Hawkins. The group was caught a month later in Colorado after a viewer’s tip to America’s Most Wanted.

During the manhunt, employees at a fast-food restaurant in the Dallas suburb of The Colony said five of the fugitives were there and left in a dark sports utility vehicle. Law enforcement officials said many leads did not prove fruitful, and officials posted a reward for information leading to capture.

Arrest

A month after the escape, the manhunt ended in Colorado communities including Woodland Park and Colorado Springs.

The next day after suspicion arose at an RV park, authorities captured Rivas, Rodriguez and Garcia, who surrendered. Authorities then went to the trailer park to apprehend Halprin and Harper, but Harper committed suicide by shooting himself twice. Newbury and Murphy were found in Colorado Springs on Jan. 23.

Trial

Rodriguez’s federal habeas proceedings involved his pro se motion to dismiss his federal habeas case and waive further appeals of his conviction for capital murder and his death sentence.

A mental health expert, Dr. Mary Alice Conroy, was appointed and examined Rodriguez. Dr. Conroy interviewed Rodriguez on July 13, 2007 and filed a report on July 16, 2007.

An evidentiary hearing occurred on August 22, 2007 to hear evidence on competency to waive appeals and whether the waiver was knowing and voluntary. The court heard sworn testimony from Dr. Conroy and Rodriguez and heard arguments from federal habeas counsel and Respondent.

Sentencing

Rodriguez had been sentenced to life in prison for paying a hit man $2,000 to kill his wife Theresa. After the Christmas Eve murder of Officer Aubrey Hawkins while fleeing after the escape, he was sentenced to death for his part in the death of Hawkins.

A timeline of execution and sentencing for other members of the Texas Seven included:

• August 29, 2001 — George Rivas received death sentence.
• January 28, 2002 — Donald Newbury received death sentence.
• May 9, 2002 — Michael Rodriguez received death sentence.
• February 13, 2003 — Joseph Garcia received death sentence.
• June 12, 2003 — Randy Halprin receives death sentence.
• November 20, 2003 — Patrick Murphy, Jr. receives death sentence.

Appeals

Rodriguez filed pro se motions seeking dismissal of his federal habeas case and waiving further appeals. On July 19, 2007, he filed a pro se motion stating his desire to dismiss his federal habeas case and any further appeals of his conviction for capital murder and his death sentence.

The court issued findings regarding competency to waive further appeals. The court overruled federal habeas counsel’s objections and adopted the magistrate judge’s findings and conclusions. The magistrate judge’s recommendation stated that Rodriguez was competent to waive appeals and that the waiver was knowing and voluntary.

The magistrate judge’s report included the following determinations:

• The court found that Rodriguez was competent to waive his appeals.
• Dr. Conroy testified that Rodriguez did not suffer from a mental disease or defect and understood his legal position and options and was capable of making a rational choice.
• Rodriguez testified that his decision was not a result of threats or promises and that he was making the decision because he was remorseful for the crimes he had committed.
• The magistrate judge addressed arguments regarding bipolar disorder and seizures reflected in TDCJ medical records and concluded that the evidence supported that Rodriguez did not have a mental disease or defect preventing him from understanding his legal position and making a rational choice.

Signed by the magistrate judge this 31st day of August, 2007.

The case reference for habeas proceedings was:

• Rodriguez v. Quarterman , Slip Copy, 2007 WL 2809914 (N.D. Tex. 2007) (Habeas).
• JOE FISH, Chief Judge.

Outcome

Rodriguez was executed by lethal injection in Texas on August 14, 2008.

His last meal was requested as:

• Spicy fried chicken breast
• Grilled pork steak with grilled onions
• A bacon cheeseburger with everything
• A fresh garden salad with French dressing and French fries with ketchup

Rodriguez’s final statement included the following verbatim words:

“Yes, I do. I know this in no way makes up for all the pain and suffering I gave you. I am so, so sorry. My punishment is nothing compared to the pain and suffering I have caused. I hope that someday you can find peace. I am not strong enough to ask forgiveness because I don’t know if I am worthy. I realize what I’ve done to you and the pain I’ve given. Please Lord forgive me. I have done some horrible things. I ask the Lord to please forgive me. I have gained nothing, but just brought sorry and pain to the wonderful people. I am sorry - so, so sorry. To the Sanchez family who showed me love and to the Hawkins family, I am sorry. I know I have affected them for so long. Please forgive me. Irene [his spiritual advisor], I want to thank you for being with me on Death Row and walking with me and helping me find Christ’s love. These last few steps I must walk alone. Thank you and thank your husband, Jack. I’ll be waiting for you. I am so sorry. To these families, I ask forgiveness. Father God, I ask you, too, for your forgiveness. I am ready to go Lord. Thank you. I am ready to go.”

Rodriguez began to sing before the drugs took effect:

“My Jesus, my savior there is none like you. All of my days I want to praise, let every breath. Shout to the Lord. Let us sing.”

Seven minutes later, at 6:20 p.m. CDT, he was pronounced dead.

Other details

Michael Anthony Rodriguez:

• TDCJ Number: 999413
• Date of Birth: 10/29/1962
• Date Received: 05/09/2002
• Age when Received: 39
• Education Level: 12
• Date of Offense: 12/24/2000
• Age at the Offense: 40
• County: Dallas
• Race: Hispanic male
• Hair Color: brown
• Gender: male
• Height: 5 ft 7 in
• Weight: 215
• Eye Color: brown

Prison record and offense history:

• Prior prison record #698074, received on 3/16/1995 on a life sentence from Bexar County on one count of capital murder with a deadly weapon.
• He was on escape from TDCJ when he committed the present offense.

Co-defendants listed in the robbery/murder account:

• George Rivas (sentenced to death)
• Donald Newberry (sentenced to death)
• Randy Halprin
• Patrick Murphy, Jr.
• Joseph Garcia
• Larry Harper

Other robbery and manhunt details included:

• The prison truck was later discovered at a Wal-Mart in Kenedy, Texas approximately three miles from the prison.
• The group picked up a getaway vehicle at the Wal-Mart, and authorities stated it was provided by Rodriguez’s father.
• The group traveled through Texas toward Colorado, robbing at least three locations including a Radio Shack in Pearland, Texas and an Auto Zone in Pasadena, Texas.
• The group purchased a jeep and a motor home and traveled to Woodland Park, Colorado.
• They set up a temporary residence in the Coachlight Motel and RV Park and stayed in the area for almost a month.
• The trailer park owner contacted Texas authorities when a friend advised him that the group of travelers were likely the “Texas Seven.”

A public quote from Officer Aubrey Hawkins’ wife Lori was included:

“The hardest thing is the constant presence of it,” Hawkins' wife, Lori, said before the execution.

Additional quote from the statement by Hawkins’ wife included:

“It’s not like there’s one person involved. There are six.”

A quote attributed to Eddie Sanchez was included:

“He has no idea of the hurt he's put my family through. No idea at all,” Eddie Sanchez said.

A quote attributed to Eddie Sanchez also included:

“I think that's why he decided to get the needle, because he can't stand it any more. This is a way out for him.”

A quote attributed to the Irving Police Department in a statement released Thursday was included:

"The memory of Officer Aubrey Hawkins, his dedication to duty and family are cherished by the Irving Police Department and others that knew Aubrey," the Irving department said in a statement released Thursday. "His legacy and his service are not forgotten. Our police family suffered a devastating loss through Aubrey's ultimate sacrifice."

Federal habeas procedural quotations and rulings included the following:

• Petition filed on July 19, 2007.
• Court ordered appointment of Dr. Mary Alice Conroy on July 2, 2007.
• Evidentiary hearing held on August 22, 2007.
• Court adopted findings and conclusions of the magistrate judge and overruled objections.
• The magistrate judge report recommended granting the pro se motion to dismiss.

The magistrate judge’s recommendation stated:

“Accordingly, this Court recommends that Petitioner's pro se motion to dismiss his federal habeas petition be granted.”