Joseph Starvaggi

Case details

Joseph Blaine Starvaggi was executed by lethal injection in Texas on September 10, 1987.

He was 34 years old when he was sentenced for the murder of John Denson.

The offence

On the night of November 19, 1976, John Denson and his family were watching television when a group of three men forced their way into their home.

The intruders were after a $6,000 gun collection owned by Denson, a Montgomery County juvenile probation officer. A struggle occurred and a gunshot went off.

John Denson struggled and pleaded for his life. Starvaggi shot Denson two more times “to keep him from suffering.”

Grace Denson, Denson’s wife, and Susan Denson, his 13-year-old daughter, were tied hand to foot and forced to remain under a blanket. Susan managed to witness her father’s death through a tiny hole in the blanket.

Susan testified that her father begged for mercy while one of the burglars shouted “kill him, kill him.” During the trial, she identified the men by their voices.

While the burglary was underway, Starvaggi was ordered to shoot Denson’s wife and daughter, but he refused. Starvaggi claimed he only shot “dopers and pigs.”

Starvaggi apologized to Denson’s wife and daughter, refused to kill them, took ammunition from the gun cabinet, and left.

The apparent motive was to steal the $6,000 gun collection.

People involved

Victims

• John Denson (Montgomery County juvenile probation officer), killed during a 1976 burglary at his home.

Family members of the victim

• Grace Denson (John Denson’s wife).
• Susan Denson (13-year-old daughter of John Denson).

Defendant

• Joseph Blaine Starvaggi, a 34-year-old cement finisher.

Other accomplices

• G.W. Green.
• Glenn Earl Martin.

Investigation and trial

Susan Denson testified during the trial and later identified the men by their voices.

Starvaggi was convicted of the murder of John Denson and was sentenced to death.

Starvaggi’s last day included actions described by prison officials; he requested no visitors and no personal witnesses to his execution.

Sentencing

Starvaggi was sentenced to death for the murder of John Denson.

Appeals

Federal Judge Lynn Hughes of Houston and the United States Court of Appeals for the Fifth Circuit in New Orleans denied last-minute appeals.

The United States Supreme Court refused to halt the execution on a 6-2 vote.

Starvaggi’s attorney, Anthony P. Griffin, disagreed with the jury selection and claimed that the jury was selected improperly. Griffin argued that United States Supreme Court rulings should have been applied rather than Texas law when the jury was selected.

Griffin also claimed that Starvaggi was temporally insane when the murder took place, based on the confession that Starvaggi and the other two men were “pretty loaded” from ingesting large amounts of alcohol and drugs.

The dosages of the drugs were not proven, and this plea was denied.

Griffin said he was not certain if he would be able to win the stay from Federal Judge Lynn Hughes, but he was prepared to take this case to the federal appeals courts.

Despite Griffin’s efforts, Starvaggi’s appeals were rejected.

Execution

On the morning of September 10, 1987, after spending ten years on death row, Starvaggi was strapped to a gurney and administered a lethal injection.

He refused his last two meals and had no final statement.

He was pronounced dead at 12:30 a.m. Another account stated that he was administered a lethal injection at 12:22 A.M. and was pronounced dead eight minutes later.

Charles Brown, a spokesman for the Texas Department of Corrections, said Starvaggi was pronounced dead shortly after midnight.

Outcome for other defendants

• G.W. Green was also sentenced to death.
• Glen Earl Martin was serving a life prison term for the crime.
• Charges against a fourth man were dismissed.

Other details

At the time of the murder, Starvaggi was on probation for a burglary and had a long history of property-related crimes.

He also received a bad conduct discharge out of the military.

Starvaggi said his previous convictions were non-violent offenses and that a psychiatrists’ test showed that he was not likely to kill again.

The court felt the evidence posted against Starvaggi was sufficient enough to consider him a threat to society.

He became the 26th Texas inmate to be put to death since the state resumed the death penalty in 1982, and the sixth in Texas this year.

Starvaggi was born in Champaign, Ill.

During an interview, Grace Denson recalled the events and said:

• “They rang the doorbell,” she said. “I started going upstairs. On the third step, I heard something and looked around and this guy was pushing inside with a gun.”
• “He went downstairs and we heard a shot,” she said, adding that he later ordered them downstairs but kept the blanket over their heads. Susan testified her father shot once, begged for mercy while one of the burglars shouted, “Kill him, kill him.”

Grace Denson recalled that one of the men insisted that Starvaggi also kill her and her daughter, but he refused.

Grace Denson said:

• “I shoot dopers and pigs, but I don't shoot straights,” she said Starvaggi replied.
• “I killed your old man. You had a good old man.”

One description of Starvaggi’s execution stated prison officials said he had remained calm throughout his last day.

Another description stated he had sought a reprieve, but it was turned down Wednesday by a Federal district court, by the United States Court of Appeals for the Fifth Circuit, in New Orleans, and by the Supreme Court.

Grace Denson said after being told of the Starvaggi execution:

• “Oh, good - one down, one to go,” Mrs. Denson said today after being told of the Starvaggi execution. “I've gone through bitterness,” she said. “I've gone through everything. I don't like to be bitter, but I am. Why has this taken so long?”