AMARILLO, TX - A previous murder indictment of an executed Texas man could affect a murder case Randall County is now preparing.
Investigators tell NewsChannel 10, they are on the brink of closing a murder cold case, but old records show, that case had already been cleared. Another man had been indicted for the 1986 murder of Florencio Calzada.
Randall County District Attorney James Farren tells NewsChannel 10, David Stoker was indicted back in 1999 for Calzada's shooting death. Stoker was never tried in Randall County for the murder because he was on death row at the time. Stoker was executed two years before his indictment in 1997. The case became procedural and part of that procedure was destroying evidence because they didn't think there would be a trial.
"Special crimes had a crisis back in 1999 and they were booked with evidence. If we didn't do this, the taxpayers would have to pay for a new evidence room." said Farren.
Monday evening, Johnny Ray Klein was arrested for the Calzada's murder near Wayside. Since evidence was destroyed, the D.A.'s office has no physical evidence as they begin working on a trial against Klein.
"Sure it complicates things, if there is a trial there is controversy." said Farren.
Farren tells NewsChannel 10, despite the lack of physical evidence, Randall County has other elements for the prosecution's case. According to Farren, this procedure to clear evidence has happened about a half a dozen times in the 16 years he has served as D.A. None of those cases though involved a murder.