Willie Marcel Shannon

Case overview

Willie Marcel Shannon was convicted of capital murder for the carjacking and killing of Benjamin Garza during a Houston incident involving Garza’s wife and three teenagers at the time of the offense. Shannon was executed by lethal injection in Texas on November 8, 2006.

The offence

In July 1992, a Lubbock family drove to Houston to visit Astroworld and to do some shopping. After checking into a local motel, Benjamin Garza drove his wife and three teenagers to a shoe store, then parked the family station wagon at a nearby Burger King.

Benjamin Garza leaned back in the driver’s seat and closed his eyes. Willie Shannon got in the front passenger’s seat and ordered Garza to get out of the vehicle. Garza fought back. Shannon pulled out a gun and shot Garza in the head and kicked his body out of the car. Shannon fired two more rounds at Garza and ran over Garza’s hand as he drove away in the victim’s vehicle.

Garza had been trying to catch a catnap in a parking lot while his wife and three kids were shopping nearby for some shoes when Shannon jumped into his 15-year-old Ford station wagon and demanded it. Garza struggled with Shannon. Shannon kicked him out of the station wagon, shot him in the head, fired two more times, and ran over his hand as he sped away.

Shannon was the gunman who demanded the family’s 15-year-old Ford station wagon during the incident. He was 19 at the time of the killing.

After the shooting, a woman ran into the store shouting about what happened. Solia Garza and her children rushed outside to find their husband and father dying on the pavement.

Shannon fired three shots, one of them striking Garza in the head.

Shannon wrecked the car hours later in Chambers County, about 50 miles east of Houston. When a sheriff’s deputy approached Shannon to ask him about the accident, Shannon ran off into some nearby woods.

Later, about five hours after the shooting, a security guard at a truck stop in Beaumont notified police after spotting a man with a pistol in his pants looking for rides. Shannon was arrested about five hours after the shooting at the truck stop in Beaumont, following a brief chase.

Garza’s family had driven with him from Lubbock for a vacation to the Astroworld amusement park and the Houston Zoo.

Benjamin Garza

Benjamin Garza was killed during the carjacking. He was 38 at the time described in connection with the execution coverage. He had a wife, Soila Garza, and three kids who were shopping nearby.

Shannon acknowledged that he “took a father.”

Prior criminal history and related background facts

Shannon had a prior conviction for aggravated assault. He had a juvenile record in which he was adjudicated delinquent. The State also introduced evidence at trial that Shannon raped a hotel maid on the same day as the murder.

The State introduced testimonial evidence at the punishment stage that Shannon committed an extraneous aggravated sexual assault on the day of the capital murder.

Additional background described at sentencing-related proceedings and execution coverage included:

• Shannon served a year in jail for assault.
• Shannon had been confined as a juvenile for burglary.
• Shannon had been locked up as a juvenile for burglary.
• A prior record included a one-year jail sentence for assault in Harris County.
• The execution coverage described Shannon as having raped a hotel maid the same day as the murder, and Shannon was never charged with that attack and denied any involvement.
• Execution-coverage narrative described Shannon as having been an admitted drug dealer, and also described an assertion that he was a 10th-grade dropout with a juvenile record.

A supporter-related message also provided personal details about Shannon’s characteristics and incarceration history, including that Shannon was an African American, born in Houston, Texas, on June 12, 1973, and that he obtained a GED the same year he dropped out of high school. That message also described his hobbies as reading and studying world history and psychology. It stated that Shannon was 25 years old at the time of that message and included pen-pal requests and statements about his experience on death row.

Separately, Shannon’s letter included a request for a pen pal and discussed his age, schooling, and experiences in Texas prison housing units including references to Polunsky Unit and addresses.

Investigation and arrest

Police began searching for Shannon after the shooting.

Shannon was arrested about five hours after the shooting at a truck stop in Beaumont after a security guard notified police about a man with a pistol in his pants looking for rides. Shannon tried to run away again but was captured after a brief chase.

Before the truck stop arrest, Shannon wrecked the car in Chambers County and ran into nearby woods when a sheriff’s deputy approached him.

Trial

Charges and indictment

A Harris County grand jury indicted Shannon for capital murder on October 23, 1992.

Trial verdict and sentence

A jury found Shannon guilty of capital murder on November 8, 1993. Following a separate punishment hearing, the court assessed a sentence of death.

During the punishment phase, the State offered and the district court admitted testimonial evidence that Shannon committed an extraneous aggravated sexual assault on the day of the capital murder.

Evidence and arguments presented at trial

Execution coverage and procedural background described the prosecution’s framing as showing intent to use a vehicle to flee. Shannon maintained that his gun went off as the two men struggled in a parking lot when Garza refused to surrender his station wagon.

Execution coverage described that Shannon insisted it was an accident and that he had no intention of killing Garza. The execution coverage also described that prosecutor Vic Wisner disputed Shannon’s contention that the killing was unintentional, stating that there was “nothing that even indicated an accident” and describing Shannon’s actions of shooting Garza and kicking him out of the car.

The trial included evidence that Shannon raped a hotel maid the same day as the murder; Shannon denied any involvement in that attack and was never charged with it.

The execution-related coverage described Shannon as stating he was going to heaven and that he would ask Garza for forgiveness if he saw him.

Specific quotations from sentencing and execution coverage

Willie Shannon told the Garza family and witnesses entering the death chamber:

• “It wasn’t my fault. It was an accident,” and later:
• “It is not from my happiness,”
• “Don’t take my smile for disrespect.”
• “If I see your father I will ask his forgiveness.”

When addressing the Garza family, Shannon said:

• “It wasn’t my fault. It was an accident,” and:
• “It took a father from his family. It wasn’t my fault, it was an accident,” and:
• “God knows the truth. If I see your father I will ask for his forgiveness. I told the judge the truth, it was an accident. I’ll smile and am not sad. If my life could make you happy, be free.”

Shannon urged Garza’s relatives:

• “go home, have fun, smile. I have no anger. I have no fear.”

Shannon said in a message associated with the execution:

• “I’ll say when I see him, ‘I’m sorry.’?”

Shannon also stated:

• “I have no anger or fear and I would see her soon.” (as described in connection with a final send-off to his mother)

Execution coverage also recorded a quote from Shannon describing the confrontation:

• “He punched me inside the car,”
• “He snapped. He said: ‘You young punk!’ I thought this was no ordinary Joe.”
• “I was just unlucky. And he was unlucky, too.”
• “To me, it’s like it happened yesterday,” (attributed in connection with the widow’s statement)

Shannon described his reason for taking the station wagon:

• “I needed a ride,”
• “I thought I would doing something smart. I chose a raggedy car, where somebody wouldn’t fight me.”

Shannon stated:

• “I’m not saying I’m innocent. I wish it didn’t happen. but it did. And there’s nothing I can do about that.”

Prosecutor and dispute over intent

Vic Wisner said:

• “There’s nothing that even indicated an accident,”
• “He was just waiting outside in the car. He was with his family. Shannon shot him and literally kicked him out of the car.”

Sentencing

The trial judge sentenced Shannon to death as required by Texas Code of Criminal Procedure article 37.071 § 2(g), following the jury’s affirmatively answered special issue set forth in Texas Code of Criminal Procedure article 37.071 § 2(b) and negatively answered the special issue set forth in Article 37.071 § 2(e).

Appeals

Direct appeal

The Texas Court of Criminal Appeals affirmed Shannon’s conviction and sentence on December 11, 1996. The Court of Criminal Appeals denied Shannon’s motion for rehearing on January 29, 1997.

State habeas corpus

Shannon filed a state writ application in the state trial court on April 13, 1998. The Court of Criminal Appeals denied Shannon’s application for state habeas relief and adopted the findings of the trial court on September 12, 2001.

Federal habeas corpus and certificate of appealability

Shannon filed a petition for writ of habeas corpus in U.S. district court on March 1, 2002. The federal district court dismissed Shannon’s petition in July 2005.

The district court denied Shannon’s motion to alter or amend the judgment on September 12, 2005.

The 5th U.S. Circuit Court of Appeals denied Shannon’s request for a certificate of appealability on April 24, 2006.

U.S. Supreme Court certiorari

On September 7, 2006, Shannon petitioned the U.S. Supreme Court for certiorari review. This action remained pending at the time of the media advisory.

Postconviction DNA

Shannon appealed the denial of postconviction DNA testing with respect to an unadjudicated, extraneous offense. The Court of Criminal Appeals affirmed a district court order denying the petition. The holding stated that evidence supported a determination that no physical evidence regarding the unadjudicated sexual assault at issue remained for testing.

Additional legal references included in the record

The text also included references to:

• “Shannon v. State, 942 S.W.2d 591 (Tex.Cr.App. 1996) (Direct Appeal),” in which the Court of Criminal Appeals affirmed a judgment and rejected multiple points of error, including challenges related to jury instructions on parole ineligibility, voir dire issues, constitutionality of mitigating evidence standards, prosecutor closing argument calling him a sociopath, and capital murder scheme challenges.

It also included references to:

• “Shannon v. Dretke, 177 Fed.Appx. 431 (Tex.Cr.App. 1999) (5th Cir. 2006) (Habeas),” describing denial of a certificate of appealability on the issue whether a federal habeas petition dismissal was untimely, and concluding denial of the COA application.

Outcome

He was pronounced dead at 6:24 p.m. in the death chamber.

Ten minutes after witnesses entered the death chamber, he was pronounced dead at 6:24 p.m., as described in execution coverage.

Other details

Trial-related ineligibility instruction disputes discussed on appeal

Shannon’s direct appeal included arguments that the trial court erred by refusing instructions about parole ineligibility until 35 calendar years if sentenced to life imprisonment. The Court of Criminal Appeals overruled points one through four.

The Court of Criminal Appeals held that requested instructions about parole ineligibility were appropriately refused.

Jury instruction and argument issues described on appeal

The direct appeal included references to:

• refusal to instruct jurors on parole ineligibility length,
• issues about whether prosecutor statements “opened the door” to parole-ineligibility instruction,
• denial of a motion for mistrial at punishment arguments after the prosecutor injected an opinion that Shannon is a sociopath,
• constitutionality challenges to Texas Code of Criminal Procedure article 37.071 regarding mitigating evidence and capital sentencing procedures,
• a challenge to whether Article 37.071 § 2(a) violated constitutional rights by prohibiting the judge and parties from informing a juror of the effect of a failure to agree.

Statements from Shannon in a death-row letter

A letter attributed to Willie Shannon included a narrative of daily prison life, including an account that he heard guards call “Inmate! Step back and sit on your bunk!” and then described guards opening a food slot and a breakfast being shoved into it, including “1 boiled egg, 1 milk, 1 bag of raisins, 1 old peanut butter sandwich that has a quarter-sized dab of peanut butter syrup in the middle of the bread that is a few hours from being too old.”

The letter also included:

• “The crime I committed was not just heinous, it was senseless!”
• “But as my best friend said - who is no longer here - I AM!” The letter included a closing thought:
• “God Bless all that gave me their time, Remember don't be quick to judge others, because you'll be judge also.” It also included “Dear Father, receive my soul !” and “God Bless all that gave me their time.”

The text included a pen-pal request section and a friendship poem beginning with “Friendship is a promise spoken only by the heart.”

Execution-day personal statements included in coverage

Shannon was described as smiling and humming as witnesses entered the death chamber. He told the Garza family: He also urged the relatives:

• “go home, have fun, smile. I have no anger. I have no fear.”

Support group material

A “Willie M. Shannon Support Group” was founded in December 2001 to assist Shannon, TDCJ # 999086, who spent years on Texas’ Death Row “for an offense that we believe should never have been tried as a capital case.” The group sought funding to help contribute to Shannon’s defense and asked for assistance with purchasing items such as stationary and stamps.

This group material included that the group prayed for victims and their families and requested contact information “for any reason,” though no additional contact details were included in the provided text.

Drug and sexuality-related allegations referenced

Execution-related coverage described testimony that Shannon raped a hotel maid on the same day as the murder, while stating Shannon was never charged with that attack and denied any involvement. Other sections described the rape as an extraneous aggravated sexual assault introduced at the punishment stage to show future danger.

The provided text also included personal claims from Shannon that he did not have a “sexual problem” and stated “I am not a rapist or molestor,” within the pen-pal request message.