Jose Santellan

Case record: Jose Santellan

Background

Jose Santellan, Sr. confronted his former girlfriend, Yolanda Garza, in 1993 and later confessed to killing her.

The trial evidence described a long history of criminal violence involving Santellan.

• In March 1987, Santellan received five years probation for burglary.
• In July 1987, Santellan’s probation was revoked after he was convicted of assault for beating up another man. He was sentenced to two years in TDCJ and paroled a year later.
• In September 1988, a month after Santellan was paroled, he was arrested for criminal trespass. The incident involved a verbal altercation with his girlfriend.
• A little over a month later, Santellan was arrested for assault and resisting arrest.
• In April 1989, he was returned to TDCJ without new charges due to his trespass, assault and resisting arrest.
• He was released to mandatory supervision in May 1989 and discharged in July 1990.
• After he moved to Fredericksburg and then to Michigan, Santellan was arrested for shoplifting a pack of cigarettes in November 1990.
• A few days later, Santellan was arrested for breaking and entering, assault with a dangerous weapon and carrying a concealed weapon.
• While in jail, Santellan broke a window and was charged with malicious destruction of police property, and he was also involved in a violent escape attempt.
• In July 1991, he was convicted of escaping from jail through violence, assault of a prison employee and assault with a deadly weapon, and sentenced to 2-4 years in Michigan state prison.
• He was paroled in 1992 and moved to Texas.
• In November 1993, while being held pending his capital murder trial, Santellan assaulted a jailer, punching him in the face and ribs and stomping on his glasses, and he did so while being held pending trial.
• In October 1999, Santellan attacked a male and female TDCJ guard.
• Santellan was later convicted of two counts of assault of a public servant.
• While awaiting trial, Santellan set his cell on fire and then assaulted the correctional officers who attempted to rescue him from the burning cell.
• Santellan threatened and assaulted several correctional officers by throwing his urine and brandishing a broken mop handle.
• Santellan smashed the television in his cell and threatened officers with the jagged shards of glass.
• In addition to these criminal offenses, TDCJ reported additional attacks on guards as well as on inmates.
• Santellan also admitted to choking a girlfriend in 1986.
• Santellan also admitted robbing a Uvalde store at gunpoint while on the run after the murder.

Santellan was sentenced to death for the capital murder of Yolanda Garza, and he was also serving a life sentence for aggravated assault in a separate incident.

The offence

On Aug. 22, 1993, Santellan confronted his former girlfriend, Yolanda Garza, as she left her job as a nurse assistant at the Hill Country Memorial Hospital in Fredericksburg, Texas.

Garza was walking through the parking lot with Norma Hoffman, a co-worker. As the two women parted, Santellan approached Garza as she was walking toward her car. Garza changed directions and walked with Santellan.

Hoffman watched Garza and Santellan talking, but at a distance of 70 feet she could not understand what was being said or whether the two were arguing. When Hoffman last saw her standing, Garza was about five feet from Santellan and about 20 feet from where she had first encountered him.

Hoffman heard Garza scream, "Think of my kids!" She saw Santellan standing over Garza’s body with his pistol drawn. Hoffman heard two shots and saw Santellan shake his gun as if to dislodge a jam, while acknowledging that other shots might have been fired before she took notice. Hoffman then left in her vehicle to go get help.

Guadalupe Noriega, a hospital housekeeper, entered the parking lot and saw Garza bleeding and motionless. Noriega rushed back into the hospital to seek help. When Noriega returned to the parking lot, Noriega saw Santellan’s car parked next to Garza as he loaded Garza into the passenger seat, grabbed her backpack and drove away.

Santellan later confessed that he absconded with Garza because he "just wanted to get away and be with her and spend some time together."

After leaving, Santellan drove west for several hours before checking into a motel in Camp Wood, Texas. He carried Garza’s body into the hotel room and engaged in various sex acts with the corpse. He poured perfume on the body to alleviate the growing stench of decomposition.

Santellan also drafted several letters to family members, asking their forgiveness for the murder.

Garza had previously written a resignation letter to the hospital indicating an intent to move due to a "domestic problem endangering my welfare and possibly that of my children."

Investigation and arrest

The police found and arrested Santellan at the motel on August 24. Santellan confessed voluntarily.

Trial

On March 8, 1995, although Santellan entered a plea of not guilty, a jury found him guilty of capital murder.

Indictment and theory of the capital offence

On April 26, 1994, a grand jury indicted Santellan in the 216th Judicial District Court of Gillespie County, Texas, for the capital offense of murdering Yolanda Garza while in the course of attempting to commit kidnapping.

At trial, additional evidence indicated that Santellan and Garza had been in a relationship but had a "big fight" in July 1993.

The evidence presented at trial included testimony from witnesses Norma Hoffman and Guadalupe Noriega about what they saw in the parking lot, including Hoffman's account that she heard two shots and that she saw Santellan shake his gun as if to dislodge a jam, and Noriega’s account that she saw Santellan load Garza into the passenger seat and drive away.

A federal judge later stated that trial testimony indicated Garza was dead before any abduction occurred.

Evidence described regarding the shooting

The trial testimony described that Santellan approached Garza as she left work and shot her. One account of the trial testimony stated that Santellan shot her 4 times, including in the head and chest.

Hoffman’s account stated she heard two shots and saw Santellan shake his gun as if to dislodge a jam, acknowledging that other shots might have been fired before she took notice.

Sentencing

On March 10, 1995, Jose Santellan, Sr. was sentenced for the capital murder of Yolanda Garza, which occurred in Fredericksburg, Texas, on Aug. 22, 1993.

Appeals

State appellate review and habeas

January 29, 1997 — Santellan’s conviction and sentence were automatically appealed to the Texas Court of Criminal Appeals, which affirmed in a published opinion: Santellan v. State, 939 S.W.2d 155 (Tex.Crim.App. 1997).

February 17, 1997 — Santellan filed an application for writ of habeas corpus in the trial court.

October 7, 1997 — The trial court entered findings of fact and conclusions of law recommending the denial of habeas relief.

March 18, 1998 — The Court of Criminal Appeals adopted the findings and conclusions and denied habeas relief in an unpublished order.

Federal habeas proceedings and appellate history

August 13, 1998 — The trial court set Santellan’s execution for Dec. 8, 1998.

September 18, 1998 — The United States District Court for the Western District of Texas, Austin Division, stayed Santellan’s execution.

December 1, 1998 — Santellan filed a petition for writ of habeas corpus in the federal district court.

March 10, 2000 — The federal district court partially granted habeas relief and ordered a new trial.

March 15, 2000 — The Attorney General of Texas appealed to the United States Court of Appeals for the Fifth Circuit.

October 17, 2001 — The Fifth Circuit reversed the district court and denied habeas relief in a published opinion: Santellan v. Cockrell, 271 F.3d 190 (5th Cir. 2001).

November 14, 2001 — The Fifth Circuit denied Santellan’s petition for rehearing.

February 12, 2002 — Santellan filed a petition for writ of certiorari in the United States Supreme Court.

February 13, 2002 — The federal district court stayed Santellan’s execution.

March 15, 2002 — The Fifth Circuit vacated the district court's stay of execution.

March 25, 2002 — Santellan filed a second certiorari petition in the Supreme Court, which was pending.

The federal appeal described the district court’s reasoning as finding that no rational jury could have found beyond a reasonable doubt that Santellan attempted to abduct or restrain the victim by use of deadly force when he approached the victim in the parking lot.

The federal appeal also described the district court’s further finding that the Texas Court of Criminal Appeals affirmed the conviction on a factual and legal basis that the state had "disavowed" before the jury, which the district court concluded violated Santellan's due process rights.

The federal appeal further described that the district court agreed with Santellan that counsel rendered unconstitutionally deficient performance by not investigating Santellan’s possible organic brain damage, but it found that this error did not prejudice Santellan.

A separate account of the procedural posture described that a U.S. District Judge Sam Sparks ordered a new trial in March 2000, ordered murder within 180 days, and held that the evidence supported murder but not kidnapping; it also described that Sparks ordered a writ for new trial and that Santellan would not be released pending a possible new trial.

Outcome

Santellan was executed by lethal injection in Texas on April 10, 2002.

Aftermath

Final meal

Santellan’s final meal consisted of 12 pieces of fried chicken, mashed potatoes with brown gravy, 2 rolls with butter, 2 Pepsi, 1 pint of strawberry ice cream, and 1 pint of vanilla ice cream.

Final words

Santellan’s final words were: "I hope and pray they can forgive me. I loved Yolanda a lot. Even though they're not here, I hope they will read my words."

In a voice choked with emotion, Santellan told his relatives, watching from a nearby room, that he loved them all and thanked them for his support. As they cried, he told them he would be all right.

He also said: "To the guys on death row, stay strong. I hope to see you someday."

Additional statements attributed to others near the execution

Attorney General John Cornyn offered information on Jose Santellan, Sr., who was scheduled to be executed after 6 p.m. on Wednesday, April 10, 2002.

The information stated that on March 10, 1995, Jose Santellan, Sr., was sentenced for the capital murder of Yolanda Garza that occurred in Fredericksburg, Texas, on Aug. 22, 1993.

Timeline

• Aug. 22, 1993 — Santellan confronted Yolanda Garza in the parking lot outside Hill Country Memorial Hospital in Fredericksburg, Texas; Garza was shot and later moved into Santellan’s car.
• July 1993 — Santellan and Garza had a "big fight".
• April 26, 1994 — A grand jury indicted Santellan in the 216th Judicial District Court of Gillespie County, Texas, for capital murder of Yolanda Garza while attempting to commit kidnapping.
• March 8, 1995 — Although Santellan entered a plea of not guilty, a jury found him guilty of capital murder.
• March 10, 1995 — Santellan was sentenced for the capital murder of Yolanda Garza.
• Jan. 29, 1997 — The Texas Court of Criminal Appeals affirmed Santellan’s conviction and sentence in a published opinion: Santellan v. State, 939 S.W.2d 155.
• Feb. 17, 1997 — Santellan filed an application for writ of habeas corpus in the trial court.
• Oct. 7, 1997 — The trial court entered findings of fact and conclusions of law recommending denial of habeas relief.
• Aug. 13, 1998 — The trial court set Santellan’s execution for Dec. 8, 1998.
• Sept. 18, 1998 — The U.S. District Court for the Western District of Texas stayed Santellan’s execution.
• Dec. 1, 1998 — Santellan filed a petition for writ of habeas corpus in the federal district court.
• March 15, 2000 — The Attorney General of Texas appealed to the Fifth Circuit.
• Oct. 17, 2001 — The Fifth Circuit reversed the district court and denied habeas relief in a published opinion: Santellan v. Cockrell, 271 F.3d 190.
• Nov. 14, 2001 — The Fifth Circuit denied Santellan’s petition for rehearing.
• Jan. 11, 2002 — The trial court set Santellan’s execution for April 10, 2002.
• Feb. 12, 2002 — Santellan filed a petition for writ of certiorari in the U.S. Supreme Court.
• Feb. 13, 2002 — The federal district court stayed Santellan’s execution.
• April 10, 2002 — Santellan was executed by lethal injection in Texas.

Other details

• Witnesses included Norma Hoffman, a co-worker of Garza, and Guadalupe Noriega, a hospital housekeeper.
• The account of the relationship and custody context included that Garza had written a resignation letter indicating a "domestic problem endangering my welfare and possibly that of my children."
• Santellan checked into a motel in Camp Wood, Texas after driving west for several hours.
• Santellan was also serving a life sentence for aggravated assault in a separate incident.