Summary of Offense: Convicted and sentenced to death for the January 20, 1989 robbery and murder of Jesse Contreras, the owner of Jesse's Tortilla Factory located in Waco.
An accomplice, Aaron Bilton testified at trial that he, Burks, and Burks's half-brother Mark McConnell, drove to Jesse's Tortilla Factory in Mark's car. Burks had told both men of his intentions to "knock off Jesse today." Earlier he had solicited other acquaintances to assist him, but they turned him down.
Once there, Bilton entered the store and made sure Contreras was the only one inside. Burks told McConnell to let him out and then drive around the block and park. Wearing a dark stocking cap, Burks got out of the car. Five minutes later, Burks walked towards the car holding his stocking cap in his hands. Bilton testified that the stocking cap appeared to have something in it. Burks laid down in the backseat, stated that he didn't get anything and told Mark to drive off.
Bilton testified that after they dropped him off at work that morning, he did not see Burks again until after Bilton's arrest for the offense. Bilton's testimony was corroborated by eyewitness testimony and Burks' admissions and solicitations to others.
When Gloria Contreras Diaz, the victim's daughter, arrived at the store, her mother was tending to her father who was spitting up blood and appeared to be in pain. Diaz testified that her father told them an African-American man with a mask had attempted to steal his money, but he threw a trash can at the perpetrator who then shot him. Contreras died 27 days later as a result of multiple gunshot wounds.
Bilton received immunity and walked away free after his testimony despite admitting that he went inside the store to check things out before Burks went in with the gun. McConnell rejected the immunity deal, did not testify and is serving a 40-year prison term for robbery and burglary. Burks had two prior burglary convictions and was on parole at the time of the murder.
Victim: Jesse Contreras
Manner of execution: Lethal injection
Time of Death: 6:18 p.m.
Last Meal: Fried chicken (two thighs and wings), one pound of bacon, 16-ounce T-bone steak, Big Red and coffee
Final Statement: Burks assured his family that everything was "going to be all right." He added, "The Raiders are going all the way, y'all."
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