HUNTSVILLE,
Texas (AP) — The leader of the fugitive "Texas 7" gang was headed to
the death chamber Wednesday for killing a suburban Dallas police officer
during a robbery 11 years ago after organizing and pulling off Texas'
biggest prison break.
George Rivas, 41, from El Paso, was set for lethal injection for gunning down Aubrey Hawkins,
a 29-year-old Irving police officer who interrupted the gang's holdup
of a sporting goods store on Christmas Eve 11 years ago. The seven
escapees had fled a South Texas prison about two weeks earlier.
They
were caught in Colorado about a month after the officer's death. One
committed suicide rather than be arrested. Rivas and five others with
lengthy sentences who bolted with him were returned to Texas where they
separately were convicted of capital murder and sentenced to die. Rivas
would be the second of the group executed.
The Texas Board of Pardons and Paroles
this week voted 7-0, rejecting a clemency petition for Rivas. No
eleventh hour appeals were made to try to head off the execution, the
second this year in the nation's most active death penalty state.
"It's fair to say they're exhausted," attorney Mick Mickelson, who last met with Rivas a few weeks ago, said Tuesday. "He seemed ready for it."
Rivas and accomplices he hand-picked for the escape broke out of the Texas Department of Criminal Justice Connally Unit,
about an hour south of San Antonio, on Dec. 13, 2000. They overpowered
workers, stole their clothes, broke into the prison armory for weapons
and drove off in a prison truck.
They left behind an ominous note: "You haven't heard the last of us yet."
While out of prison, they supported themselves by committing robberies.
Hawkins
was shot 11 times and run over with a stolen SUV as they held up a
sporting goods store closing on the holiday eve and drove off with loot
that included $70,000 in cash, 44 firearms and ammunition for the guns. A
month later, they were arrested in Colorado, ending a six-week
nationwide manhunt. One of the fugitives, Larry Harper, committed suicide as officers closed in.
In 2008, accomplice Michael Rodriguez,
45, who at the time of the breakout had a life term for arranging the
slaying of his wife, ordered his appeals dropped and was executed. The
four others remain on death row awaiting the outcome of court appeals.
Toby
Shook, the former Dallas County assistant district attorney who
prosecuted all six surviving defendants for Hawkins' death, called Rivas
a manipulator with superficial charm.
"Just
a pure psychopath," Shook said. "He had no fear of committing crime...
He's not a very good criminal. He always got caught."
Rivas
planned the escape while serving 17 life sentences for aggravated
kidnapping and aggravated robbery and another life sentence for
burglary. Prosecutors said his record began at age 11 when he molested a
6-year-old relative.
Wayne
Huff, one of his trial lawyers, said Rivas picked accomplices for the
breakout "who probably were more dangerous than he was" and failed to
consider they might get caught doing robberies.
"When that cop pulled up, no one knew what to do," Huff said, calling the officer's slaying "just a tragic situation."
"The evidence was pretty overwhelming," he said. "We had no doubt at all that he'd be found guilty."
Shook
said the officer's widow, who was in the death chamber to Rodriguez's
lethal injection nearly four years ago, would not attend Rivas'
punishment and asked him to represent her on Wednesday evening.
"Rivas
has worked hard for this particular day," Shook said. "He justly
deserves everything he's going to get. He's not a very good criminal. He
always got caught."
Rivas
was among three escapees arrested at a convenience store near a trailer
park in Woodland Park, Colo. Two were in a motor home at the trailer
park, where Harper shot himself to death. Two were apprehended at a
motel in Colorado Springs, Colo. The men had told the people who ran
the RV park they were Christian missionaries from Texas but a neighbor
recognized them as the case was profiled on the TV show "America's Most
Wanted" and called police.
The four former fugitives still awaiting execution are Patrick Murphy Jr. 49; Joseph Garcia, 40; Randy Halprin, 34; and Donald Newbury, 49. Newbury was set for injection in early February but was spared, at least temporarily, by a U.S. Supreme Court order.
Another execution is scheduled for next week in Texas. Keith Thurmond, 52, faces death on March 7 for killing his estranged wife and her boyfriend at their home near Houston more than 10 years ago.