Mark Anthony Stroman

Case record: Mark Anthony Stroman

Identification

Mark Anthony Stroman (also referred to as Mark Stroman) was born 10/13/1969 and was white. He was a male and his height was 5' 9" and weight was 223. His hair color was browen and his eye color was hazel. He had an education of 8 years. He worked as a baker and laborer.

Criminal justice status and identifiers

• TDCJ Number: 999409

Background

Stroman had prior juvenile and adult criminal history presented during the punishment phase.

As a juvenile, Stroman was convicted of aggravated robbery, car theft, and burglary of a habitation at least twice. A psychological evaluation revealed that starting at the age of nine, he stole bicycles and cars, sold and used drugs, ran away from home, and was disruptive in school. The superintendent of Collin County Juvenile Detention Center testified that Stroman did not succeed on juvenile probation and did not take advantage of any programs to help resolve his drug use. The superintendent described Stroman as troubled and in need of guidance and counseling.

A Dallas police sergeant testified that he arrested Stroman for possession of an illegal switchblade knife on September 20, 1985. On November 15, 1989, a Dallas police officer arrested Stroman after finding him in possession of brass knuckles, a prohibited weapon under Texas law.

As an adult, Stroman was convicted of burglary and sentenced to two years in prison for ransacking a man’s house and stealing rifles, jewelry, clothes, and checks. The victim never got his property back, and Stroman drained the man’s bank account by writing hot checks. Stroman was also sentenced to two years in prison for theft from another individual. On November 6, 1990, Stroman robbed a woman of her purse outside an auto parts store and began to buy items with the woman’s credit cards. He was convicted of robbery and sentenced to eight years in prison. Stroman was also convicted of two counts of credit-card abuse and received two additional eight-year sentences to run concurrently.

On July 14, 2001, Stroman was arrested for carrying a firearm in an establishment that sold alcohol. Stroman was indicted for unlawful possession of a firearm by a felon as a second offender but was released from jail on bond on July 16, 2001.

Stroman’s prior prison record included:

• A two year sentence for one count of burglary of a building and one count of theft of property, followed by release on parole in absentia.
• Returned from parole in absentia with an 8 year sentence from Dallas County for two counts of credit card abuse and one count of robbery.
• Release on parole on 08/26/1991.

During the punishment phase, the State presented evidence—testimony and letters/writings from Stroman while he was in pre-trial detention—demonstrating that he was a devout white supremacist with antipathy towards those of other races. A defense expert also read a letter Stroman wrote describing his anger about September 11th and explaining why he went on a murder rampage afterwards.

The offence

Capital murder of Vasudev Patel during attempted robbery

On October 4, 2001, Stroman murdered Vasudev Patel. On that date, Stroman shot and killed Patel during an attempted robbery at a Mesquite gas station that Patel operated. The store security camera captured the attempted robbery and murder.

Stroman entered the station early that morning and demanded money from Patel. Patel reached for a .22 caliber pistol that he kept under the cash register, but he did not retrieve it. Stroman shot the unarmed Patel in the chest, causing Patel to fall to the floor. While Patel lay dying on the floor, Stroman was unable to open the cash register. Stroman demanded: “open the register or I’ll kill you.”

Stroman later described the robbery and shooting and his motives and preparation for it to a fellow prisoner who testified at Stroman’s trial. The fellow prisoner testified that Stroman told him he had “been in the store two or three times previously to check it out and he didn’t see any cameras.” Stroman admitted that he intentionally killed Patel with a .44 chrome-plated “big long pistol.”

The State described Stroman as angry at people of Middle Eastern descent following the September 11, 2011, terrorist attacks, characterizing the killing of Patel as the last of a series of violent crimes committed against those he considered to be of Middle Eastern background.

Stroman told the fellow prisoner that his country “hadn’t done their job so he was going to do it for them.”

Additional post–9/11 crimes presented at punishment

The State presented evidence during the punishment phase about other murders and an attempted murder committed after September 11, 2001.

• On September 15, 2001, Stroman murdered Waqar Hasan by shooting him in the head while Hasan grilled hamburgers in his Dallas store. Stroman later told a fellow prisoner that his murder of Hasan was his ninth crime of this type. The State described Stroman as demonstrating racial motives for the killing. Stroman stated that he was a member of a prison gang, had a .44 pistol and some automatic weapons, and intended to go to a shopping mall and start shooting everybody because of all of the Middle Eastern people there.
• On September 21, 2001, Stroman shot and wounded Raisuddin Bhuiuian as Bhuiuian worked in a convenience store and service station. The crimes against Hasan and Bhuiuian did not involve robbery.

Stroman admitted to all of these crimes and lacked remorse, claiming he had performed a patriotic duty. During the incident described in sentencing-related materials, Stroman’s killing of Patel was described as retaliation tied to September 11th.

Victims

• Vasudev Patel (49 years old), killed on October 4, 2001, during an attempted robbery at a Mesquite gas station operated by Patel.
• Waqar Hasan (46 years old), murdered on September 15, 2001, after being shot in the head.
• Raisuddin Bhuiuian, shot and wounded on September 21, 2001.
• A survivor described as the lone survivor in reporting was Rais Bhuiyan / Rais (Raze) Bhuiyan (Boo-yon), who lost sight in one of his eyes when Stroman shot him in the face.

Timeline

• October 4, 2001 — Stroman shot and killed Vasudev Patel during an attempted robbery at a Mesquite gas station.
• September 15, 2001 — Stroman murdered Waqar Hasan by shooting him in the head while Hasan grilled hamburgers in his Dallas store.
• September 21, 2001 — Stroman shot and wounded Raisuddin Bhuiuian while Bhuiuian worked in a convenience store and service station.
• November 15, 2001 — Stroman was indicted by a Dallas County grand jury for the capital murder of Vasudev Patel.
• April 2, 2002 — A jury found Stroman guilty of capital murder.
• April 4, 2002 — After a separate punishment hearing, the court sentenced Stroman to death.
• July 24, 2006 — Stroman filed a federal habeas petition in a Dallas federal district court.
• November 19, 2003 — The Texas Court of Criminal Appeals affirmed Stroman’s conviction and sentence.
• June 28, 2004 — The U.S. Supreme Court denied Stroman’s petition for writ of certiorari.
• July 27, 2005 — The Texas Court of Criminal Appeals denied Stroman habeas relief.
• November 13, 2003 — Stroman filed a state application for writ of habeas corpus in the trial court.
• August 21, 2008 — A magistrate issued findings, conclusions, and a recommendation that Stroman’s amended petition be denied.
• September 29, 2007 — Stroman filed an amended federal habeas petition.
• September 28, 2009 — The federal district court denied the amended petition and dismissed the action with prejudice.
• December 27, 2010 — The United States Court of Appeals for the Fifth Circuit denied Stroman permission to appeal.
• March 30, 2011 — Stroman filed a petition for writ of certiorari in the U.S. Supreme Court.
• June 27, 2011 — The U.S. Supreme Court denied the petition.
• July 20, 2011 — Stroman was executed by lethal injection in Texas and pronounced dead at 8:53 p.m.

Investigation and evidence

A store security camera captured the attempted robbery and murder. The surveillance video showed Stroman was unable to open the cash register while Patel lay dying on the floor. When Stroman demanded money, he eventually demanded, “open the register or I’ll kill you.”

In reporting about arrest-related events, when police arrested Stroman the day Patel was killed, they found the .44-caliber handgun used in the shooting. Stroman confessed. Court documents show Stroman told authorities he belonged to the Aryan Brotherhood, a white supremacist prison gang. Prosecutors also said Stroman told another jail inmate about the shootings and how automatic weapons police found in his car were intended for a planned attack at a Dallas-area shopping mall.

Stroman later denied the white supremacist description.

Trial

Indictment and guilt phase

On November 15, 2001, Stroman was indicted by a Dallas County grand jury for the capital murder of Vasudev Patel.

A jury found Stroman guilty of capital murder on April 2, 2002.

The appellate opinion described the jury conviction as a conviction of killing Vasudev Patel while in the course of robbing or attempting to rob him.

Stroman raised six points of error challenging his conviction and sentence. The Texas Court of Criminal Appeals rejected each contention and affirmed the trial court’s judgment.

Sentencing

On April 4, 2002, after a separate punishment hearing, the court sentenced Stroman to death. During the punishment phase, the State presented substantial evidence of Stroman’s future dangerousness.

The State first presented testimony regarding the murder of Hasan and the attempted murder of Bhuiuian. Next, it showed that as a juvenile, Stroman was convicted of aggravated robbery, car theft, and burglary of a habitation at least twice. A psychological evaluation revealed theft of bicycles and cars starting at the age of nine, selling and using drugs, running away from home, and disruption in school. The superintendent testified Stroman did not succeed on juvenile probation and required guidance and counseling.

A Dallas police sergeant testified to the illegal switchblade knife arrest on September 20, 1985, and a Dallas police officer testified to the brass knuckles arrest on November 15, 1989. As an adult, evidence was presented of convictions for burglary, ransacking a man’s house and stealing property, and draining a bank account with hot checks, along with convictions for theft, robbery of a woman’s purse and use of her credit cards, and credit-card abuse sentences.

On July 14, 2001, he was arrested for carrying a firearm in an establishment that sold alcohol, and he was released from jail on bond on July 16, 2001, with the State presenting evidence that his murder spree began while he was out on bond.

During the punishment phase, the State presented evidence that Stroman was a devout white supremacist with antipathy towards those of other races through testimony and letters/writings from Stroman in pre-trial detention.

The appellate record also stated that pursuant to the jury’s answers to the special issues in Texas Code of Criminal Procedure Article 37.071, §§ 2(b) and 2(e), the trial judge sentenced Stroman to death.

Appeals

Direct appeal in Texas

On November 19, 2003, the Texas Court of Criminal Appeals affirmed Stroman’s conviction and sentence.

The opinion recited:

• In his first point of error, Stroman asserted Article 37.071 was unconstitutional because the death penalty violated evolving standards of decency and referenced developing evidence regarding the number of innocent individuals on death row, asserting the scheme amounted to cruel and unusual punishment. The Court held the Texas death penalty scheme passed constitutional muster and overruled the point.
• In his second point of error, Stroman claimed the U.S. Constitution required the State “to prove insufficient mitigation beyond a reasonable doubt,” citing Apprendi v. New Jersey and Ring v. Arizona; the Court rejected the claim and overruled the point.
• In his third point of error, Stroman claimed the “12-10 Rule” violated constitutional principles; the Court stated it had repeatedly rejected the claim and overruled it.
• In his fourth point of error, Stroman claimed Article 37.071 was unconstitutional for failing to define “moral blameworthiness” and the phrase “probability of committing future criminal acts of violence” given to the jury in punishment issues; the Court overruled the claim.
• In his fifth point of error, Stroman claimed he was entitled to present family members’ pleas for mercy; the Court held the trial court did not err in prohibiting the family’s pleas for mercy and overruled the point.
• In his sixth point of error, Stroman claimed the trial court erred by permitting the State to impeach his key expert witness by eliciting she had testified for the defense in other notorious cases where the jury imposed the death penalty. The Court held objections were not raised at trial for the complained-of testimony in the manner asserted and overruled the point.

The appellate opinion included the case caption:

• “In the Court of Criminal Appeals of Texas No. 74,354 Mark Stroman, Appellant v. The State of Texas” and listed the participating judges including Keasler, J. delivered the opinion, and other justices joined the Court’s opinion.

The appellate opinion stated:

• “DATE DELIVERED: November 19, 2003”
• “DO NOT PUBLISH”

U.S. Supreme Court certiorari

The U.S. Supreme Court denied Stroman’s petition for writ of certiorari on June 28, 2004.

Stroman filed another petition for writ of certiorari in the U.S. Supreme Court on March 30, 2011. The Supreme Court denied the petition on June 27, 2011.

State habeas corpus

Stroman filed a state application for writ of habeas corpus in the trial court on November 13, 2003. The trial court entered findings of fact and conclusions of law recommending that Stroman be denied relief. The Texas Court of Criminal Appeals adopted the trial court’s findings and conclusions and denied Stroman habeas relief on July 27, 2005.

Federal habeas corpus and COA proceedings

Stroman filed a federal habeas petition in a Dallas federal district court on July 24, 2006. He filed an amended petition on September 29, 2007. On August 21, 2008, a magistrate issued findings, conclusions, and a recommendation that Stroman’s amended petition be denied.

On September 28, 2009, the federal district court denied the amended petition and dismissed the action with prejudice.

Stroman sought permission to appeal. On December 27, 2010, the United States Court of Appeals for the Fifth Circuit denied Stroman permission to appeal.

Later, Stroman sought a certificate of appealability pursuant to 28 U.S.C. § 2253. The Fifth Circuit denied his motion for a COA in Stroman v. Thaler, 405 Fed.Appx. 933 (5th Cir. 2010), stating that reasonable jurists would not find it debatable that the district court’s rejection of the underlying habeas petition was correct and therefore denied the COA.

Execution and aftermath

Execution details

Texas executed Mark Stroman by lethal injection in Texas on July 20, 2011. He was pronounced dead at 8:53 p.m. local time.

Reporting about the execution described that the lethal injection was briefly delayed as the Texas Court of Criminal Appeals considered a final appeal. The U.S. Supreme Court rejected appeals earlier that day. The execution was delayed for almost three hours before the Texas Court of Criminal Appeals barred a state judge in Austin from considering Bhuiyan’s lawsuit to block the lethal injection.

Stroman asked for God’s grace shortly before the fatal drugs began flowing into his arms. He said: “The Lord Jesus Christ be with me,” “I am at peace. Hate is going on in this world, and it has to stop. One second of hate will cause a lifetime of pain. I'm still a proud American. Texas loud, Texas proud. God bless America, God bless everyone.”

In another reported account, he also said: “Even though I lay on this gurney, seconds away from my death, I am at total peace,” “Even though I lay on this gurney, seconds away from my death, I am at total peace,” “God bless America. God bless everyone,” and: “Let's do this damn thing.” A countdown was reported with “One, two,” and “There it goes.”

Stroman’s last meal included chicken fried steak with gravy, a ham-and-cheese omelet with onions and tomatoes, bacon, fried potatoes, fried squash and okra, pork chops with eggs sunny-side up, Dr. Pepper and a pint of vanilla Blue Bell ice cream.

Clemency and litigation by a survivor

During the last week of June 2011, Stroman filed a petition for clemency with the Texas Board of Pardons and Parole.

A survivor, Rais Bhuiyan / Rais (Raze) Bhuiyan (Boo-yon), unsuccessfully sued to stop the execution, and asked to spend time with Stroman to learn more about why the shootings occurred. Bhuiyan said: “Killing him is not the solution,” “He's learning from his mistake. If he's given a chance, he's able to reach out to others and spread that message to others.”

A federal district judge in Austin rejected the lawsuit and Bhuiyan’s request for an injunction. His lawyers appealed to the Supreme Court, where Justice Antonin Scalia turned it down.

Family attendance at execution (as reported)

None of Patel’s relatives attended the execution; instead selected a police officer to represent them.

Execution count in reporting

Reporting described Stroman as the 28th person executed in the United States that year and the eighth executed in Texas.

Other details

Place and county of offense

The case described the capital offense as occurring on 10/04/2001 in Mesquite, with the County of Offense listed as Dallas.

Co-defendants

The case materials stated: Co-Defendants: None.

Motives and statements

The case materials described Stroman’s motives as relating to anger following the September 11, 2011, terrorist attacks and as retribution against those he believed to be of Middle Eastern background. Stroman’s preparation and motives were described via testimony from a fellow prisoner and via letters read by a defense expert.

The appellate opinion stated that Stroman testified at trial that the United States government “hadn’t done their job so he was going to do it for them.”