Timothy Titsworth

Case record: Timothy Titsworth

Status / outcome

Timothy Titsworth was executed by lethal injection in Texas on June 6, 2006.

People

• Timothy Titsworth — convicted person; capital murder defendant; executed
• Christine Marie Sossaman — victim; girlfriend of Timothy Titsworth; killed in her trailer bedroom in Amarillo
• Megan Sossaman — Christine’s daughter (4 years old at the time of the murder; 18 years old at the time of reporting)
• Inez Marie Gibson Zetzsche — Christine’s mother
• William Wayne Justice — U.S. District Judge referenced in connection with prison population caps
• Greg Abbott — Texas Attorney General
• Jerry Strickland — spokesman with the Texas Attorney General’s Office
• James Farren — Randall County District Attorney
• John Board — 181st District Judge who set the June 6 execution date
• Samuel C. Kiser — state habeas judge and also presided over the trial
• Mary Lou Robinson — U.S. District Court judge
• Clinton E. Averitte — U.S. Magistrate Judge
• Patrick E. Higginbotham — Circuit Judge
• Janie Cockrell — Director of TDCJ-ID (respondent in federal habeas litigation)
• Elsie May Titsworth — Timothy Titsworth’s mother
• Tex Titsworth — Elsie May Titsworth’s husband (stepfather figure described in testimony)
• Aragon — Timothy Titsworth’s biological father described in testimony
• Gary Taylor — attorney appointed to prepare a writ of habeas corpus application
• Lisa Millstien — investigator referenced alongside Gary Taylor
• Seldom B. Hale — defense co-counsel referenced
• Joe Marr Wilson — co-counsel referenced
• Cindy Risley — sheriff’s deputy processing Timothy Titsworth during booking; testified in habeas proceedings
• Deputy Cindy Risley — deputy responsible for booking Timothy Titsworth into the Randall County Jail (as described in federal proceedings)
• Sergeant B.J. White — officer who took Titsworth’s confession (as described in appellate habeas reasoning)
• John Ballard — witness who accompanied Titsworth on trips to the trailer and testified at trial
• Jean Roper — Timothy Titsworth’s longtime probation officer; received admission of guilt while Titsworth was in jail
• Ron Kelly — Methodist minister and school administrator referenced in connection with a nondisclosure claim
• Thomas W. Hale, Ph.D. — defense witness in the sentencing phase (drugs and crack cocaine effects)
• William Schlitz — defense witness in the sentencing phase (former addict explaining crack addiction effects)
• Dr. Shaw — referenced for psychiatric examination finding competency

Timeline

• July 23, 1992 — Christine Marie Sossaman was killed with an axe in the bedroom of the trailer in Amarillo that she shared with her boyfriend, Timothy Titsworth.
• July 1992 — Christine Marie Sossaman’s body was found in the bedroom of the trailer in Amarillo she shared with her boyfriend, Timothy Titsworth.
• December 1992 — While awaiting trial, Timothy Titsworth and three other inmates escaped from the Randall County Jail by crawling through ductwork; they were captured after a 40-mile car chase to Umbarger.
• October 1993 — A Randall County jury convicted Timothy Titsworth of capital murder and sentenced him to death by lethal injection.
• November 22, 1995 — The Texas Court of Criminal Appeals affirmed Timothy Titsworth’s conviction on appeal.
• January 9, 2006 — The U.S. Supreme Court denied certiorari review.
• February 10, 2005 — The Texas Court of Criminal Appeals denied state habeas relief.
• Feb. 10 (year not stated in the Reuters/CBS narrative beyond the June execution scheduling) — 181st District Judge John Board scheduled Timothy Titsworth’s June 6 execution date for June 6.
• June 6, 2006 — Timothy Titsworth was executed by lethal injection in Texas.

Background

Timothy Titsworth was living with Christine Marie Sossaman in a trailer in Amarillo for about two months before the murder.

Timothy Titsworth was on probation for unauthorized use of a motor vehicle, for which he was sentenced to five years in state prison. A motion to revoke his probation had been filed and a warrant for his arrest had been issued at the time he killed Sossaman.

Evidence described that shortly after Timothy Titsworth murdered Sossaman, he was arrested in Sossaman’s car for illegal firearm possession. While awaiting trial for capital murder in the county jail, Timothy Titsworth and several others escaped from the jail. The escapees stole some clothes and a car, drove into Amarillo, and obtained marijuana. Timothy Titsworth was captured about twelve hours after the escape after leading police on a high speed chase.

The offence

Christine Marie Sossaman was found in July 1992 in the bedroom of the trailer in Amarillo she shared with her boyfriend, Timothy Titsworth. Sossaman had been killed with an axe.

Evidence showed that Timothy Titsworth and Sossaman had been living together for about two months when Sossaman was murdered.

Sossaman told a friend the day before she was killed that she intended to ask Timothy Titsworth to move out because she believed he was stealing from her.

The next day, Timothy Titsworth killed Sossaman in her bedroom by striking her about sixteen times with a dull two-bladed axe. Sossaman was likely sleeping in bed when the attack began. Evidence stated that at some point during the attack, Sossaman “was either taken off or came off the bed.” The victim suffered at least seven blows from the ax while she was on the floor. After the attack, Timothy Titsworth left Sossaman on the floor.

The medical examiner testified that the victim could have lived anywhere from twenty minutes to “a number of hours” after the initial attack. After she died, the victim suffered at least one more blow from the ax in a separate episode from the initial attack, including one axe blow to the body after death estimated to have occurred anywhere from twenty minutes to several hours after the attack. Evidence also described that at least seven axe blows occurred after the victim had fallen off the bed and was on the floor.

After the attack, Timothy Titsworth stole Sossaman’s car and some of her personal property. Timothy Titsworth sold Sossaman’s property and used the money to buy crack cocaine.

Over the next couple of days, Timothy Titsworth and other admitted crack cocaine users made at least two trips to Sossaman’s home and took more of her property. They used Sossaman’s property to buy more crack cocaine.

Once Timothy Titsworth exhausted his supply of money and drugs, Timothy Titsworth and another person decided to make another trip to Sossaman’s home in Sossaman’s car to get more of her property. By that time, Sossaman’s mother had found her body and had alerted the police.

Timothy Titsworth was arrested in Sossaman’s car while he and another person were on their way to Sossaman’s home.

Investigation and arrest

After police were alerted by Sossaman’s mother, police were looking for Timothy Titsworth. Police arrested Timothy Titsworth and another person in Sossaman’s car.

Later that day, after initially denying any involvement in the offense, Timothy Titsworth confessed to killing Sossaman and taking her property.

Timothy Titsworth retrieved an axe from a closet while Sossaman was asleep in bed. He stated he remembered hitting Sossaman four or five times with an axe. In his confession, Timothy Titsworth claimed he and Sossaman had some type of argument after she accused him of “messing around.” After slapping him around, Sossaman went to bed. Timothy Titsworth left the house and bought crack cocaine and a pill he believed was LSD. He ingested the drugs, went back to the trailer, retrieved the axe from a closet, and blacked out but remembered hitting Sossaman.

In his confession, Timothy Titsworth claimed that on his first trip back to Sossaman’s home, Sossaman “was still breathing and it looked like she had tried to crawl into the bathroom.” He also claimed that he left the house with more of Sossaman’s property, which he sold to buy more crack cocaine. He claimed he was taking a friend home when the police arrested him.

Trial

In October 1993, Timothy Titsworth was convicted of capital murder.

A friend of Sossaman testified that the day before she was killed, the victim intended to ask Timothy Titsworth to leave because she believed her boyfriend had been stealing from her.

At some point during the trial, Timothy Titsworth’s theory was that he was not guilty of capital murder because the evidence showed only that he killed the victim under the influence of drugs as a result of a “lover’s spat” and not with the intent to take her property.

Timothy Titsworth was convicted of capital murder and sentenced to death. The jury answered “yes” to Special Issue #1, which was described as “Guilty.” The jury also answered “Yes” to Special Issue #2, described as whether Timothy Titsworth intentionally and knowingly took the life in question. The jury answered “No” to Special Issue #3, described as whether there were any mitigating factors or circumstances in this case.

Sentencing

Timothy Titsworth’s punishment was assessed at death by lethal injection.

Evidence at the sentencing stage included testimony from defense witnesses about drug addiction and the effects of crack cocaine, as well as testimony from Timothy Titsworth’s mother, Elsie May Titsworth, about his upbringing and issues with alcohol.

Appeals and post-conviction proceedings

State appeal

The Texas Court of Criminal Appeals affirmed Timothy Titsworth’s conviction on November 22, 1995.

A motion for rehearing was filed and denied by the Texas Court of Criminal Appeals.

State habeas

The Texas Court of Criminal Appeals denied state habeas relief on February 10, 1999.

Federal habeas and related appeals

On Sept. 11, 2003, a U.S. district court judge denied a federal petition for writ of habeas corpus. The court also denied a certificate of appealability on Nov. 25, 2003.

Timothy Titsworth requested a certificate of appealability from the 5th U.S. Circuit Court of Appeals on February 26, 2004. After oral argument, the court denied the COA on all claims except one, on which the court granted COA. The court ultimately denied relief on February 16, 2005.

The U.S. Supreme Court denied certiorari review on January 9, 2006.

Federal appellate issues described

Timothy Titsworth filed a petition for writ of habeas corpus. In eleven grounds for relief, he raised issues including his alleged intoxication at the time of his confession and suppression-related claims tied to alleged undisclosed statements by Deputy Cindy Risley.

A certificate of appealability was issued on the issue regarding alleged failure to disclose comments made by Deputy Risley to her co-workers about whether Timothy Titsworth was intoxicated when she booked him into the jail.

The U.S. Court of Appeals held that the claim failed on its merits, concluding that the evidence was not material to the outcome.

The appellate reasoning also addressed a claim that the prosecution failed to disclose a memo regarding a conversation with Ron Kelly, described as a Methodist minister and school administrator. The appellate discussion stated that the claim did not meet the requisites because voluntary intoxication was not treated as a defense and the evidence was cumulative in mitigation.

The appellate reasoning also addressed claims challenging the voluntariness of the written confession and alleged false testimony, and it concluded no substantial showing of denial of a constitutional right.

The appellate reasoning additionally addressed ineffective assistance of counsel claims relating to mitigation investigation, suppression-related investigation, failure to obtain psychiatric reports, failure to request a psychiatric expert, and due process claims about funds for a psychiatrist and sealing of a psychiatric report. It stated the petition’s requested relief was denied and affirmed.

Outcome

Timothy Titsworth’s execution was carried out by lethal injection in Texas on June 6, 2006.

Timothy Titsworth was pronounced dead at 6:20 p.m. as lethal chemicals entered his system, after he was strapped to the death chamber gurney.

Before the lethal injection, Timothy Titsworth apologized to the family of his victim, Christine Marie Sossaman, directing most of his statement to Megan Sossaman, Christine’s daughter who was 4 years old at the time of her mother’s death. He spoke to friends and family and said “I love you” several times.

The following quotations were provided as last statements:

“There are no words to describe the pain and suffering that you have gone through all these years. That is something that I cannot take back from you all,” Timothy Titsworth said. “I hope that Megan, if she is here present today, know that today I hope you get peace and you. I am sorry that is has taken 14 years to get closure. If it would have brought closure or brought her back, I would have done this years ago, I promise, I promise. “My family all knows the sincerity in my heart when I say these words to you. I didn’t mean to inflict the pain and suffering on your family. I pray that (Christine) is safe in Heaven.... If these words can ever touch your heart, I am sorry. I am truly sorry.”

“I love you,” several times to his friends and family, Timothy Titsworth said, and he stared at the ceiling as the lethal chemicals entered his system. “Here we go,” he said, as he took his final breath.

The following additional quotations were provided from reporting around the execution:

“There are no words to describe the pain and suffering you went through all the years I've had. All these years, that is something that I cannot take back from you all,” Timothy Titsworth said as he was strapped to the death chamber gurney. “Today, I hope you get peace and joy. I'm sorry it's taken 14 years to bring closure.”

“If it would have brought closure or brought her back, I would have done this many years ago,” he said.

“I was shocked, shocked in a good sense,” Inez Zetzsche said after hearing the prisoner’s words and watching him die.

“He orphaned Megan. He left us with a void in our lives.”

“But I know he won't ever harm anyone else,” she said.

“I couldn't save my daughter, but I could save somebody else's.”

“It won't fix it,” said Megan. “It can't be undone... Right now I'm just surprised that he addressed me personally.”

“Know that today I hope you get peace and joy,” Timothy Titsworth said. “I am sorry that it has taken 14 years to get closure. If it would have brought closure or brought her back, I would have done this years ago. I promise. I promise.”

For final meal requests, the following was reported:

• Beef fajitas with jalapeno peppers
• A rib eye steak with a baked potato
• Beef enchiladas with cheese
• Mountain Dew soda

Aftermath and related notes

Sossaman’s mother and her daughter attended the execution.

Timothy Titsworth had been identified as a former crack cocaine user and described as high on crack cocaine at the time of the attack in the evidence and reporting.

Timothy Titsworth dropped out of school after the eighth grade and worked as a roofer.

Other details

• The case involved alleged intoxication at the time of his confession and disputes about whether the confession should have been suppressed.
• The federal habeas reasoning described a claim involving Deputy Cindy Risley’s opinions made to co-workers about whether Timothy Titsworth was intoxicated when booked into jail, and it described that his confession was taken after he had slept from ten to eleven hours prior to arrest in at least one account.
• The federal habeas reasoning also described that Deputy Risley testified in the sentencing phase as a state witness recounting Timothy Titsworth’s later admission of guilt and subsequent jail escape.
• The federal habeas reasoning described that photographs of Timothy Titsworth being booked showed behavior including laughing and smiling.
• Timothy Titsworth’s last statement included an apology seeking peace and joy for Megan, and he prayed that Christine was safe in Heaven.