Manuel Vasquez

Case identification

Manuel Vasquez (Hispanic male) was convicted of capital murder and was sentenced to death.

Timeline

• 03/19/1998 — Vasquez and co-defendants strangled to death and robbed Juanita Ybarra in San Antonio, Texas.
• 03/19/1998 — Vasquez was 29 years old at the time of the offense.
• 11/30/1999 — Vasquez was convicted and sentenced to death.
• 02/06/2002 — The Court of Criminal Appeals of Texas delivered its opinion.

Background

Vasquez, Manuel (TDCJ number 999336) was born 06/16/1968 and received imprisonment services on 11/30/1999 at age 31, with an education level of 8.

Vasquez’s listed physical details included height of 5' 8", weight of 195, and brown hair and eyes (race listed as Hispanic; gender male).

Vasquez was previously incarcerated under TDCJ-ID #465603 and received a 10-year sentence for 1 count of Aggravated Assault With Bodily Injury, involving Vasquez and 3 codefendants beating an adult white male and setting fire to his body, causing his death. Vasquez was released on Mandatory Supervision on 07/12/91, returned on Mandatory Supervision on 06/15/93, and was released on Mandatory Supervision again on 12/13/95.

The offence

Vasquez and co-defendants strangled to death and robbed a 51-year old Hispanic female (Juanita Ybarra) as an ordered hit from the Mexican Mafia because she was not paying 10 percent to the Mafia.

The victim’s partner, Moses Bazan, was severely beaten but survived.

The jury charge alleged murder in the course of robbery as the State’s theory of capital murder, and it included the “intent to promote or assist” theory of the law of parties.

Investigation

Detective Arnulfo Chavarria testified as an expert on the Mexican Mafia. He discussed their practice of collecting the “dime,” a ten percent tax on illegal drugs. He identified a tattoo on Vasquez’s chest as signifying membership in the organization.

Police were called at around 8:30 a.m. concerning the incident. Officers described socks tied around Bazan’s legs, a shirt around his ankles, and a clothesline wire around his neck.

DNA testing was conducted on clothes found in the trunk of Rodriguez’s car. Bazan could not be excluded as a contributor to a bloody shirt and jacket found there. Vasquez could not be excluded as a contributor to blood found on a pair of shorts in that same location. DNA testing under Ybarra’s fingernails excluded Vasquez and Lujan as the source of DNA but was inconclusive as to Cruz’s DNA.

Medical testimony indicated that Ybarra’s death resulted from strangulation by a ligature (a cord-like object).

Arrest and pretrial

The appellate decision described that Cruz testified he was arrested later that afternoon; however, a police officer testified Cruz was arrested the following day, March 20. The prosecutor conceded in closing argument that Cruz’s testimony about the date was inaccurate.

Vasquez’s direct appeal was automatic. The Court affirmed.

Vasquez’s trial involved a motion for continuance, which defense counsel filed after the State informed the defense that Cruz would be testifying for the State at Vasquez’s trial.

On October 25, 1999, after the parties qualified nine jurors on individual voir dire, the State informed the defense that Cruz would be testifying and would provide revised statement and terms of the plea agreement. The defense requested and the State orally informed counsel of the terms of the agreement. The motion for continuance was denied, and trial began on November 2, 1999.

Trial

The trial court proceedings resulted in Vasquez’s conviction of the capital murder of Juanita Ybarra in November 1999.

Jury and verdict

Pursuant to the jury’s answers to special issues under Texas Code of Criminal Procedure, Article 37.071, §§2(b) and 2(e), the trial judge sentenced Vasquez to death.

State’s evidence

Accomplice: Johnny Joe Cruz

The jury charge correctly identified Johnny Joe Cruz as an accomplice as a matter of law. Initially charged with capital murder, Cruz pled guilty pursuant to a plea bargain to aggravated robbery in exchange for a seven year prison sentence. The terms of the bargain required Cruz to testify truthfully at Vasquez’s trial. Sentencing in Cruz’s case was delayed until after his testimony.

Cruz testified that Vasquez was a member of the Mexican Mafia. Cruz testified that two days before March 19, 1998, Oligario Lujan and Vasquez told Cruz that Juanita Ybarra “had to go down” because she failed to pay the “dime,” a ten percent tax on the sale of illegal drugs collected by the Mexican Mafia. Cruz testified that “‘had to go down’ were ‘street words’ that meant that Ybarra had to be killed.” Cruz also testified that the plan included robbing Ybarra to collect the ten percent owed.

Cruz testified that Vasquez rented room 20 of the New Laredo Motel. On the evening of March 18, 1998, Cruz and many others in room 20 were partying, smoking marijuana, drinking beer, injecting heroin, and snorting cocaine.

Cruz testified that around 5:30 to 6:30 the next morning, Vasquez asked Michelle Rodriguez for her car keys. Cruz, Vasquez, and Lujan then headed toward room 15, where Ybarra was staying. Cruz testified they carried bandannas to cover their faces and socks to cover their hands to prevent fingerprints. Lujan knocked on the door to room 15 while Vasquez and Cruz ducked into adjacent room 16, whose door was open, and began putting on socks and bandannas.

Moses Bazan opened the door to room 15, leaving the chain locked. The three conspirators forced their way through the door and the chain broke loose. Cruz and Lujan wrestled Bazan to the floor while Vasquez held Ybarra to the ground. During the struggle, Bazan broke a window but soon lost consciousness.

Cruz testified that Vasquez asked for a telephone cord and Lujan gave him one. Using the cord, Vasquez strangled Ybarra. Bazan regained consciousness and resumed struggling. Lujan fought with Bazan while Cruz gathered valuables including cameras and jewelry and stuffed them into a pillowcase.

Cruz testified that Vasquez threw Lujan a kitchen knife. Lujan moved to stab Bazan but missed and hit the floor, bending the knife. Bazan kicked a hole in the wall to adjacent room 16. Vasquez joined the fight against Bazan and hit Bazan on the head with a gun. Bazan lost consciousness again, and Vasquez and Lujan began gathering valuables into pillowcases.

Cruz testified that soon they heard police sirens, and they left the room and drove Rodriguez’s car to George Martinez’s house. Cruz testified they changed clothes at Martinez’s house because they were covered in blood. Cruz testified Vasquez had been wearing blue warmups during the crime. The three men watched news and used some drugs at the Mayfield Motel and then returned to Martinez’s house.

Cruz testified that later, Cruz left in Rodriguez’s car without his companions but with several other people; Cruz picked up some food at the store and then went to his mother’s house. Cruz testified that he was arrested later that afternoon, but a police officer testified Cruz was arrested the following day, March 20. In closing argument, the prosecutor conceded that Cruz’s testimony in this regard was inaccurate.

On cross-examination, Cruz admitted he lied to the police in his initial statements. He falsely identified Lujan as Ybarra’s killer because he was afraid Vasquez might place a hit on him. Cruz also falsely stated that Lujan bragged about the killing, and he made false statements about his role and what happened afterwards.

Moses Bazan

Moses Bazan survived the attack and testified. Bazan testified that on March 18 and 19, 1998, he and Ybarra occupied room 15 of the New Laredo Motel. Bazan testified Ybarra was scared and nervous that week and did not want to be alone.

Bazan testified that at around 9:00 p.m. on March 18 he used some cocaine. Ybarra drank a couple of beers and went to bed. Bazan went to bed after midnight.

Around 3:00 a.m., Lujan knocked, identified himself, and told the occupants to open the door. Bazan opened the door and three or four men pushed the door open and burst into the room. They had their faces covered by cloth, but Bazan identified three of them when the cloths were later removed.

Bazan offered to give the intruders his wallet, but they began slugging him. Bazan testified that Vasquez moved toward Ybarra, placed his hands upon her, and tried to choke her. Cruz and Lujan tied Bazan’s legs and hands. Bazan testified he was hit and kicked and some ribs on his left side were broken.

Bazan testified that Cruz stabbed him in the head with a knife and placed an extension cord around his neck while Lujan attempted to choke him with his hands. Bazan testified that at some point Lujan took the knife from Cruz and began stabbing him or possibly hitting him with a gun.

Bazan testified that Ybarra bit Vasquez on the hand, and Vasquez yelled, “She’s biting me!” Bazan testified he saw and heard Vasquez strike Ybarra. Bazan testified Ybarra yelled for help as Vasquez struck her over ten times. Bazan also yelled for help while he fought with Cruz and Lujan.

During the struggle, Bazan broke a window and punched a hole in the wall to adjacent room 16. Bazan testified that while Cruz moved between Bazan and Ybarra, Cruz was attempting to strangle him with an extension cord. Bazan testified that he saw Vasquez punching Ybarra and heard her final cry before she died.

Bazan testified that during the robbery he saw the conspirators gather valuables. After being stabbed numerous times, Bazan decided to play dead and rolled his eyes back so only the whites were showing. Bazan testified he heard a conversation in which someone said they should cut him into pieces and throw him into the lake, and later someone said, “Let’s get out of here. We’ve been here too long.” Bazan testified he lost consciousness at least twice during the robbery, once at the very end, and later awoke at 7:00 or 8:00 a.m., untied himself, went to the motel manager’s office, and asked the manager to call 911.

On cross-examination, Bazan testified there was a fourth robber. He also testified he had previously expressed some uncertainty to police about whether there was a fourth person. On redirect, he testified he had never identified a fourth person as one of the robbers but he was sure of the three he had identified.

Amalia Garcia

Amalia Garcia testified she was present in room 20 on March 18. She saw Vasquez, Cruz, and Lujan leave with bandannas and motel towels. Before they left, she heard one of them say “Let’s go get her” or “Let’s go get” someone. She testified she saw Vasquez ask Michelle Rodriguez for her car keys.

On the morning of the 19th, Garcia was taken to the police station and questioned. When asked who rented the motel room, she made up some names because she did not want others to know she told the police anything. Later that day, she went to George Martinez’s house, where she saw Vasquez and saw towel rags full of blood.

Michelle Rodriguez

Michelle Rodriguez testified Vasquez rented room 20. She testified Vasquez borrowed her car keys on March 18 and the car had not been returned by the time police came to the motel room on the 19th. She testified that when Vasquez borrowed the keys he was wearing blue jeans and a T-shirt.

In the defense’s case-in-chief, Rodriguez testified Vasquez drove with her to the hospital on the evening of March 19, 1998. A hospital record showed they were there at 6:56 p.m. Rodriguez testified that when she arrived at Martinez’s house on the afternoon of the 19th her car was there, but she did not see Vasquez, who arrived later. Rodriguez testified she did not see any blood or injuries on Vasquez. She testified she lent her car to Cruz on the 20th and that she signed a consent to search form for her car on the 21st, after Cruz had been arrested.

Police officers and medical testimony

San Antonio police officers testified that socks were tied around Bazan’s legs, a shirt was around his ankles, and a clothesline wire was around his neck. Officers described the DNA testing results and that Bazan could not be excluded as a contributor to a bloody shirt and jacket found in the trunk, and Vasquez could not be excluded as a contributor to blood found on shorts in that same location. DNA testing under Ybarra’s fingernails excluded Vasquez and Lujan as the source but was inconclusive as to Cruz’s DNA. Medical testimony stated Ybarra’s death resulted from strangulation by a ligature.

The Motel Manager

The manager of the New Laredo Motel testified regarding the days rooms were rented and to whom. On cross-examination, he testified that on March 19, 1998, the people in room 16 checked out at about 7:45 a.m.

Defense evidence

Mercedes Villarreal (alibi witness)

Mercedes Villarreal testified for the defense as an alibi witness. She testified she was involved in an extramarital romantic relationship with Vasquez and was reluctant to testify because she did not want her husband to discover the affair.

Villarreal testified that Vasquez called her between 5:30 and 6:00 a.m. on March 19, 1998, and asked her to pick him up at the Easy Shop, a store half a block away from the New Laredo Motel. She testified she picked him up between 6:30 and 6:45 a.m. and took him back to her house before taking her children to school.

Villarreal testified Vasquez wore jeans, tennis shoes, a T-shirt, and a cap, and she saw no injuries or blood on him. Villarreal testified that later she saw news about the robbery and murder on television and went back to her home, where she found Vasquez asleep. Villarreal testified that around 6:00 p.m. she took him to the Martinez home.

Villarreal also testified she visited Vasquez twice in jail since he was arrested and she acknowledged Vasquez’s membership in the Mexican Mafia.

Hector Galvan

Hector Galvan testified he shared a jail pod with Cruz after Cruz was arrested in connection with the present offense. Galvan testified that Cruz told him Vasquez had nothing to do with the crime but that Cruz was trying to mislead investigators away from himself.

Galvan testified he denied being a member of the Mexican Mafia and denied ever signing a form acknowledging membership. He admitted TDC listed him as a confirmed member. He also admitted Vasquez is a member of the Mexican Mafia.

As a State’s rebuttal witness, Detective Chavarria testified that Galvan is a member of the Mexican Mafia and that Galvan signed a TDC form admitting he was a member.

Dr. James Garriott, M.D.

Dr. James Garriott testified for the defense about the effects of drug consumption on perception. He testified cocaine can adversely affect perception, cause hallucinations, and cause a psychotic episode. He testified cocaine use can cause someone to forget things that happened and “remember” other things that did not happen. He testified cocaine users can misjudge the passage of time. He testified marijuana and heroin use can alter perception of events.

On cross-examination, he conceded that if a person injected a small amount of cocaine at 9:00 in the evening, he would not still be feeling the effects at 6:00 the next morning.

Prosecutor’s closing argument (quoted material)

The record included the prosecutor’s statement:

Now, if according to the Defendant's theory the State spoon-fed Johnny Joe this story, well, we could have done a better job, couldn't we?
There are some inconsistencies. There is the screw-up about the date of the arrest. Okay? When we talk to witnesses, we take what they tell us and we work with it. Okay? Yeah, there was a screw-up. There's a day lost. But what you've got [sic] remember is that these guys, Lujan, Johnny Joe and "Meme" were all junkies. They were shooting heroin, they were shooting cocaine. And yeah, Johnny Joe may not have his time sequence down right, and I will concede that.

Appeals

Issues raised on direct appeal

Vasquez raised four points of error on direct appeal: (1) sufficiency-related issues including accomplice corroboration and identity; (2) use of perjured testimony; (3) admission of “Mexican Mafia” evidence; and (4) denial of a motion for continuance.

Court’s analysis

The appellate court held:

• The requirements of the accomplice witness rule were satisfied by non-accomplice evidence tending to connect Vasquez to the offense, including Bazan’s testimony that Vasquez was one of the robbers, Garcia’s testimony about Vasquez being with Cruz and Lujan and hearing “Let’s go get her” or “Let’s go get” someone, and Rodriguez and Garcia’s testimony about Vasquez borrowing Rodriguez’s car keys, with Bazan’s blood and Vasquez’s blood found in the trunk.
• The evidence was legally and factually sufficient to support conviction, including testimony placing Vasquez at the scene and as Ybarra’s killer in the party-liability framework, testimony about “el dime” motive and Mexican Mafia involvement, and DNA and physical evidence. The court discussed claimed conflicts and credibility issues and concluded that a rational jury could have found guilt beyond a reasonable doubt and that the verdict was not clearly wrong and manifestly unjust.
• The appellant failed to demonstrate Cruz lied about the date of arrest; the prosecutor conceded Cruz’s testimony was inaccurate, but the appellate court held the State corrected the false testimony and found no demonstrated prejudice.
• Gang-affiliation evidence was relevant to motive for a gang-related crime and was not unfairly prejudicial under Rule 403.
• The trial court’s denial of the motion for continuance did not constitute an abuse of discretion because Vasquez failed to show actual prejudice.

The court affirmed the trial court’s judgment. The appellate opinion was delivered on February 6, 2002.

Outcome

The trial judge sentenced Vasquez to death pursuant to the jury’s answers to the special issues.

Vasquez’s status was “Sentenced to death on November 30, 1999.”

Other details

Victim

The victim was Juanita Ybarra, a 51-year old Hispanic female.

Co-defendants and participants mentioned

The opinion referenced co-defendants and participants including Oligario Lujan, Johnny Joe Cruz, Rene Munoz (ranking member who ordered the hit), Moses Bazan (victim’s boyfriend and surviving attack victim), Michelle Rodriguez, George Martinez, and the motel manager of the New Laredo Motel.

Drug use and conduct described during the incident

Cruz testified that during the period preceding the attack and around room 20, participants were partying, smoking marijuana, drinking beer, injecting heroin, and snorting cocaine.

he used cocaine, Ybarra drank beer, and that later Lujan and others forced entry at around 3:00 a.m.

Cruz testified they watched news and used some drugs at the Mayfield Motel after the robbery and before returning to Martinez’s house.