Jury considers punishment in Texas beheading trial - KFDA - NewsChannel 10 / Amarillo News, Weather, Sports

Jury considers punishment in Texas beheading trial

EDINBURG, Texas (AP) - With a capital murder conviction in hand, prosecutors are trying to persuade a jury that the south Texas man who beheaded his common law wife's three children in 2003 should be executed.

Prosecution witnesses for the punishment phase told jurors in Tuesday that John Allen Rubio seemed more "jovial" than remorseful shortly after the gruesome crimes in Brownsville and was a disciplinary problem during his earlier stay on death row.

A state appeals court overturned Rubio's original conviction in 2007 because statements from the children's mother were wrongly allowed as evidence. A jury found Rubio guilty of 4 counts of capital murder Monday in his retrial.

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