Kevin Lee Zimmerman

Case information

Defendant: Kevin Lee Zimmerman Victim: Leslie Gilbert Hooks, Jr. (33) Place: Motel 6, Beaumont, Texas

Timeline

• October 23, 1987 — Kevin Lee Zimmerman, George Weber, and Kay Gonzales arrived at a Motel 6 in Beaumont, Texas and met Hooks, who was also staying at the motel; after drinks they went to the fair, returned to the motel, and Zimmerman and Weber attacked Hooks with knives.
• June 1990 — A Jefferson County jury convicted Zimmerman of capital murder and assessed punishment of death.
• April 7, 1993 — The Texas Court of Criminal Appeals affirmed Zimmerman's conviction and sentence.
• June 9, 1993 — Rehearing was denied.
• October 1993 — The U.S. Supreme Court granted certiorari review, vacated the judgment, and remanded for further consideration in light of Johnson v. Texas.
• 1993 (after remand) — The Texas Court of Criminal Appeals again affirmed the conviction and sentence.
• March 17, 1999 — A state habeas petition was denied by the Court of Criminal Appeals.
• February 14, 2001 — Collateral relief was denied.
• April 24, 2001 — The court granted, in part, a certificate of appealability (COA) on three claims.
• August 1, 2002 — The court granted Zimmerman's request to cover an additional issue on which COA was granted.
• May 28, 2003 — The appeals court affirmed the district court's denial of habeas corpus relief.
• July 2, 2003 — Rehearing was denied.
• December 10, 2003 — A Jefferson County state district court judge set Zimmerman's execution for Wednesday December 10, 2003.
• December 15, 2003 — The application for a stay of execution presented to Justice Scalia was denied and the temporary stay entered by Justice Scalia was vacated.
• January 21, 2004 — Zimmerman was executed by lethal injection in Texas at 6:19 p.m.
• January 21, 2004 — The jury’s verdict and execution account referenced that he was pronounced dead at 6:19 p.m.

The offence

On October 23, 1987, Kevin Lee Zimmerman, George Weber, and Kay Gonzales arrived at a Motel 6 in Beaumont, Texas and met Leslie Gilbert Hooks, Jr. (33), who was also staying at the motel. After having drinks, Hooks suggested that they all go to the fair. All four people returned to the motel after going to the fair.

After some time, Gonzales went to the bathroom in Zimmerman's motel room and heard a struggle ensuing in the nearby bedroom. In that bedroom, Zimmerman and Weber, armed with knives, had attacked Hooks. The two men stabbed Hooks 31 times. Zimmerman then took Hooks's wallet and gave it to Weber. Zimmerman, Weber, and Gonzales then left in their car to take Zimmerman to a hospital, where he received treatment for a knife wound.

Zimmerman was subsequently arrested and placed in jail.

Hooks's body was found the next morning by a hotel maid.

Investigation and evidence

While in jail, Zimmerman wrote numerous letters to Weber and to the district attorney. At trial, the State introduced many pieces of correspondence Zimmerman had written and signed.

In one of these letters to the district attorney, Zimmerman wrote that he had decided to kill Hooks for his money and stated that he was accidentally stabbed in the arm while killing Hooks. The contents of this letter were corroborated by the testimony of Gonzales, who witnessed the attack.

Gonzales testified that Zimmerman and Hooks were arguing about an incident that had occurred at the fair. Suddenly, Zimmerman “picked up a knife and ... stabbed him [Hooks] in his shoulder.” Gonzales then went into the bathroom and came back out, only to see both Zimmerman and Weber stabbing Hooks, who was yelling “Don’t kill me.”

At trial, Gonzales admitted on cross-examination that she pled guilty to second degree robbery in exchange for her testimony and she stated that she had in fact committed no robbery.

In a later description of Zimmerman's threats, state District Judge Larry Gist recalled a letter to the trial judge at his trial in which Zimmerman threatened to kill the judge and included a drawing of himself holding an ax, drawn using his own blood.

Trial

A Jefferson County jury convicted Zimmerman of capital murder and assessed punishment of death in June 1990.

At trial, the aggravating element was provided by Zimmerman's commission of the murder while in the course of also committing robbery.

The Texas Court of Criminal Appeals affirmed the conviction and sentence on April 7, 1993, and rehearing was denied on June 9, 1993.

In 1993, the U.S. Supreme Court vacated and remanded in light of Johnson v. Texas; on remand, the Texas Court of Criminal Appeals again affirmed the conviction and sentence. Certiorari review and Zimmerman's request for rehearing were denied by the Supreme Court.

The verdict and legal sufficiency discussions included arguments about whether the robbery element was proven given the timing of the taking of Hooks's wallet, and the Court of Criminal Appeals held that the evidence supported the required intent.

Sentencing

At the punishment phase, the jury answered affirmatively the punishment issues under Article 37.071(b) and the trial court sentenced Zimmerman to death.

The timeline also referenced that George Andre Weber was found guilty of murder and sentenced to 85 years in prison. In addition, Kaye Ellen Gonzales pleaded guilty to robbery and, in exchange for testimony, was sentenced to 10 years probation.

Appeals

State appellate history

• The Texas Court of Criminal Appeals affirmed Zimmerman's conviction and sentence on April 7, 1993.
• Following U.S. Supreme Court remand, the Texas Court of Criminal Appeals again affirmed the conviction and sentence.

Federal proceedings and COA

Zimmerman filed a writ of habeas corpus in federal district court in September 1995, which dismissed the petition without prejudice for failure to exhaust state remedies. Zimmerman later filed a state habeas petition, which was denied on March 17, 1999.

In November 1999, Zimmerman filed his second habeas corpus petition in federal district court; collateral relief was denied on February 14, 2001. The court granted, in part, a COA on April 24, 2001 on three claims. The COA expanded to cover an additional issue on August 1, 2002. The appeals court affirmed denial of habeas relief on May 28, 2003, and denied rehearing on July 2, 2003.

Outcome

Zimmerman was executed by lethal injection in Texas on January 21, 2004. He was pronounced dead at 6:19 p.m. after lethal chemicals began at 6:09 p.m.

Before execution, Zimmerman issued apologies to the victim's family. He was described as contrite and asked for forgiveness.

Zimmerman’s final words were:

“Yes. Connie, Nanny, Bea, Kathy and Richard - I love you all and I thank you all very much for supporting me with your love. In the name of Jesus, I am sorry for the pain I caused you all. I am sorry. Gilbert didn't deserve to die and I want you all to know I am sorry. I pray that the good Lord will give you all peace. Okay.”

Other details

Victim details

The victim was Leslie Gilbert Hooks, Jr. (33), described as a Louisiana oilfield worker staying at a Beaumont motel.

Escape attempt from death row

Zimmerman attempted an escape from death row in 1992 by sawing their way through a recreation yard fence; the break was thwarted when a guard opened fire.

Prior criminal history (as reflected in the penitentiary packet evidence)

The evidence admitted during the punishment phase derived from Zimmerman's penitentiary packet listed arrests:

• September 1979 — two separate charges of endangering people through reckless operation of a motor vehicle
• January 28, 1980 (Louisiana) — theft and forgery
• August 8, 1980 (Louisiana) — possession of marijuana
• September 1980 — battery of a juvenile
• January 18, 1981 — unauthorized use of a motor vehicle
• October 1982 — criminal trespassing, carrying a concealed weapon (a knife), disturbing the peace, and threatening to do bodily injury to an elderly neighbor woman
• January 24, 1983 — aggravated battery for stabbing a man who refused to turn over his car keys to enable Zimmerman to steal his car, plus fleeing from officers, resisting an officer, and battery on a police officer
• August 30, 1985 (Louisiana) — auto theft, resisting arrest, and possession of cocaine
• November 11, 1985 (Louisiana) — possession of cocaine

Final meal request

Zimmerman’s final meal request included:

• Double meat cheeseburger with lettuce, tomato, onions, salad dressing and ketchup
• Half a plate of french fries almost burnt with ketchup
• Four half pints of milk
• One piece of chocolate cake with lots of frosting

Execution procedure drug issue (as reflected in the case accounts)

Zimmerman’s December scheduled execution date was delayed due to review of the use of pancuronium bromide, described as a drug that paralyzes muscles. The lethal injection process in Texas was described as using pancuronium bromide, the barbiturate sodium thiopental, and potassium chloride, which causes cardiac arrest.