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OffbeatMember of notorious 'Texas 7' prison-break gang executed for officer's killing during Christmas Eve 2000 robbery

03:20  05 december  2018
03:20  05 december  2018 Source:   msn.com

Member of 'Texas 7' prison-break gang set for execution

Member of 'Texas 7' prison-break gang set for execution Attorneys for a death row inmate who is scheduled to die say he should be spared because he wasn't the one who killed a suburban Dallas police officer during a Christmas Eve robbery 18 years ago.

He was among the notorious " Texas 7 " gang of inmates who escaped from a South Texas prison in December 2000 and then committed numerous robberies Hawkins had just finished Christmas Eve dinner with his family when he responded to the call about the robbery at a sporting goods store and

Aubrey Hawkins, the police officer killed by the Texas Seven . The film features interviews with members of The Texas 7 currently on Death Row and eyewitnesses to their crimes. ^ "Leader of ' Texas 7 ' prison - break gang executed ."

Member of notorious 'Texas 7' prison-break gang executed for officer's killing during Christmas Eve 2000 robbery© The Associated Press This photo provided by the Texas Department of Criminal Justice shows death-row inmate Joseph Garcia, who is set to die by lethal injection Tuesday, Dec. 4, 2018, for the December 2000 shooting death of 29-year-old Aubrey Hawkins _ a police officer with the Dallas suburb of Irving _ during a robbery. (Texas Department of Criminal Justice via AP)

HUNTSVILLE, Texas — Member of notorious 'Texas 7' prison-break gang executed for officer's killing during Christmas Eve 2000 robbery.

Earlier:

Death row inmate sues Texas parole board for having too many ex-law enforcement members

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He was among the notorious " Texas 7 " gang of inmates who escaped from a South Texas prison in December 2000 and then committed numerous robberies Hawkins had just finished Christmas Eve dinner with his family when he responded to the call about the robbery at a sporting goods store and

A three-time convicted robber who helped engineer the biggest prison break in Texas history was executed Wednesday evening for killing a suburban Dallas police officer while the notorious gang was on the run. Donald Newbury, 52, became the third member of the group known as the " Texas 7 "

HUNTSVILLE, Texas — The U.S. Supreme Court rejected appeals Tuesday evening from a death row inmate who's scheduled to be executed for the death of a suburban Dallas police officer during a Christmas Eve robbery 18 years ago.

Joseph Garcia, 47, is slated to die by lethal injection after 6 p.m. at state penitentiary in Huntsville. He was among the notorious "Texas 7" gang of inmates who escaped from a South Texas prison in December 2000 and then committed numerous robberies, including the one in which they shot 29-year-old Irving police Officer Aubrey Hawkins 11 times, killing him.

Hawkins had just finished Christmas Eve dinner with his family when he responded to the call about the robbery at a sporting goods store and was ambushed.

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Donald Newbury became the third member of the ' Texas 7 ' to be executed for the fatal shooting of a police officer in 2000 . A three-time convicted robber who helped engineer the biggest prison break in Texas history was executed Wednesday evening for killing a suburban Dallas police officer while

HUNTSVILLE, Texas – A member of a notorious gang that escaped from a Texas prison is scheduled for execution this week for killing a suburban Dallas police officer as the seven fugitives held up a sporting good store more than 14 years ago. Donald Newbury on Wednesday evening

The escaped inmates were eventually arrested in Colorado, ending a six-week manhunt. One of them killed himself as officers closed in and the other six were convicted of killing Hawkins and sentenced to death. Garcia would be the fourth to be executed. The other two are on death row.

Garcia's attorneys had five pending appeals with the Supreme Court seeking to stop his execution, including one in which they argued that he never fired his gun at Hawkins or intended to kill the officer.

In their other petitions, they argued that the makeup of the Texas Board of Pardons and Paroles, which last week declined to recommend either a commutation of Garcia's sentence or a 60-day reprieve, violates state law because it is dominated by individuals from law enforcement.

They also alleged that Garcia's constitutional right to not be subjected to cruel and unusual punishment would be violated because the state obtained the drug it would use in his execution — compounded pentobarbital — from an unsafe pharmacy.

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A member of the notorious " Texas Seven " gang of prison fugitives, whose 2000 prison break was the largest in state history Newbury was serving a 99-year sentence for aggravated robbery with a deadly weapon out of Travis County when he and six other inmates staged a brazen escape from the

On this day in 2000 , seven convicts break out of a maximum-security prison in South Texas In the process, the men killed police officer Aubrey Hawkins, shooting him multiple times with multiple The Texas Seven then fled to Colorado, where they purchased a motor home, told people they were

Garcia's more than 15 years on death row have resulted in suffering that exceeds the punishment of death, his attorneys contend.

One of his lawyers, J. Stephen Cooper, said prosecutors didn't have any information that showed his client was one of the shooters.

"He didn't do anything violent or prepare or encourage anybody else to do anything violent," Cooper said.

Garcia was convicted under Texas' law of parties, in which a person can be held responsible for another individual's crime if he or she assisted or attempted to help in the commission of that crime.

Toby Shook, the lead prosecutor who handled Garcia's case and those of the other five inmates, said that although authorities couldn't narrow down which inmate used which gun to shoot Hawkins, the inmates acted as a team to commit the robbery and to kill the officer.

Shook said Garcia's case is a clear example of why the law of parties is needed in certain cases.

"He was up to his ears in murder and mayhem out there. He was actively participating in everything," said Shook, now a defense attorney in Dallas.

Shook said Garcia's execution will be another step to getting closure for Hawkins' family and law enforcement.

"Ultimately, we can finally close the book on them when the punishments are all completed," he said.

Garcia was serving 50 years for a San Antonio-area murder when he and the other six inmates broke out of prison. He would be the 22nd inmate put to death this year in the U.S. and the 12th executed in Texas, which is the nation's busiest capital punishment state.

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Lozano reported from Houston.

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Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70

At 14, he killed a man in a botched robbery. Now 38, he has a chance at parole.
Tony Hicks was 14 when he killed a pizza delivery driver in a botched robbery. 

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