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Thread: Erick Daniel Davila - Texas Execution - April 25, 2018

  1. #21
    Administrator Aaron's Avatar
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    Fort Worth man convicted in birthday party slaying gets execution date

    A Fort Worth man convicted of killing a rival gang member's mother and a 5-year-old girl at a children's birthday party 10 years ago has been given an execution date.

    Erick Davila is scheduled to meet his fate in the Huntsville death chamber on April 25 at 6 p.m., according to court papers. A judge signed off on the death date on Wednesday.

    "Like that Winston Churchill movie, we shall never surrender and we intend to aggressively fight for Mr. Davila," said Houston defense attorney Seth Kretzer.

    Davila, 30, is on death row for a shooting that killed Annette Stevenson and her granddaughter Queshawn, according to court filings. In April 2008, Davila drove by the Village Creek Townhouses in Fort Worth and opened fire on a rival gang member along with 15 children who were eating ice cream and cake on the front porch at the "Hannah Montana"-themed party.

    Court records describe a "chaotic scene" with "blood splattered everywhere." Two other children were wounded in the shooting, but survived.

    Since his 2009 conviction, Davila has fought the case in appeals courts, taking his claims of bad lawyering all the way up to the U.S. Supreme Court last year. Kretzer, who is co-counsel with Houston-based attorney Jonathan Landers, argued the case.

    In a 5-4 ruling, the justices rejected Kretzer's claims that earlier appellate counsel erred in failing to point out possible missteps made earlier by trial attorneys regarding bad jury instructions.

    In addition to signing off on a death date, a Tarrant County judge on Wednesday also slapped down a defense motion to disqualify the local prosecutor's office, as current District Attorney Sharen Wilson was the judge during Davila's 2009 trial and Assistant District Attorney David Richards previously served as Davila's attorney early in the appeals process.

    "We were surprised and concerned by the trial judge's denial on our motion to recuse," Kretzer said Thursday. "I'm not making up some new legal theory here that there's a conflict."

    Davila's death date is the sixth on the calendar in Texas this year. The state's first execution of 2018 is slated for 6 p.m. today, when Houston serial killer Anthony Shore is scheduled to die by lethal injection.

    http://m.chron.com/news/houston-texa...y-12507219.php

    Does anyone else think it's disgusting for as sleazy a duo as a DR inmate and his lawyer to quote someone as noble as Winston Churchill?
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  2. #22
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Does anyone else think it's disgusting for as sleazy a duo as a DR inmate and his lawyer to quote someone as noble as Winston Churchill?
    Agreed. Also im no prophet but i am foreseeing "mentally retarded" and/or "mentally ill" claims in the near future.

  3. #23
    Senior Member CnCP Legend Mike's Avatar
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    More on the murder he was charged with

    April 11, 2008

    Birthday killings suspect linked to 2nd Fort Worth slaying

    BY DEANNA BOYD
    The Fort Worth Star-Telegram

    FORT WORTH -- A 21-year-old man already accused of shooting at a birthday party Sunday night, killing a woman and her 5-year-old granddaughter, has now been linked to the April 3 fatal shooting of a man on Lancaster Avenue.

    Police say they suspect that a handgun tossed into some bushes while Erick "Truman" Davila was trying to elude officers Tuesday was the same gun used in the slaying of 37-year-old Darrell Ford. Ballistic test results are pending.

    Ford died on the morning of April 3, less than an hour after police say a man walked up to him in the 4900 block of Lancaster Avenue, fired a gun at him several times and then calmly walked to a waiting car and left the scene.

    On Friday, homicide Detective Sarah Jane Water obtained an arrest warrant accusing Davila of murder in Ford’s shooting. Davila remains held in the Mansfield Jail.

    Homicide Sgt. J.D. Thornton said investigators believe Davila killed Ford because of an earlier altercation at a nearby convenience store.

    Police are still searching for the getaway-car driver, Thornton said.

    Thornton said the car used in Ford's slaying is believed to have been the same black Mazda 626 that Davila had escaped in Sunday night after police say he opened fire with a laser-sighted rifle at a residence in the 5700 block of Anderson Street while children and adults gathered outside for a birthday party.

    Annette Stevenson, 48, and her granddaughter, Queshawn Stevenson, were killed in the shooting. Four others, including three children, were injured.

    Police believe Davila shot at the home because he believed a rival gang member was present at the party and didn’t feel such gang members belonged in the neighborhood.

    Though police have said there are indications that at least one man at the party was affiliated with a gang, Talisha Stevenson, Annette Stevenson’s daughter, disputed that Thursday. She said some in the neighborhood mistakenly assumed that because the family had moved to the Stop Six neighborhood from another area of town.

    http://www.star-telegram.com/latest-...le3822434.html

    This was used during the penalty phase.

    February 20, 2009

    Witness testifies in Tarrant County court and then taken to jail

    By Debra Dennis
    DallasNews

    A prosecution witness who testified in the punishment hearing for convicted killer Erick Daniel Davila found herself in legal entanglement Friday.

    Tanna Delight Martinez, 29, was arrested in Criminal District Court No. 1 after she was told that a warrant had been issued for her arrest.

    Martinez was called to testify about a slaying that took place in Fort Worth three days before Annette Stevenson and her 5-year-old granddaughter, Queshawn Stevenson, were killed.

    Martinez identified Davila as the man who gunned down Darrell Wood on April 3.

    A Tarrant County jury found Davila guilty of capital murder in the deaths of the Stevensons who were fatally shot during a child's birthday party.

    Defense attorney Joetta Keene questioned Martinez about the fatal shooting of Darrell Ford before telling her about a bench warrant bearing her name.

    Martinez is on probation for prostitution. Criminal District Judge Wayne Salvant issued the warrant on Thursday.

    https://www.dallasnews.com/news/crim...on-witness-who
    Last edited by Mike; 03-27-2018 at 07:39 PM.

  4. #24
    Senior Member CnCP Legend FFM's Avatar
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    MOTION FOR LEAVE TO FILE APPLICATION FOR ORIGINAL WRIT OF PROHIBITION DENIED WITHOUT WRITTEN ORDER - DEATH PENALTY:

    MOTION FOR STAY OF EXECUTION DENIED:

    http://search.txcourts.gov/handdown....ate=03/28/2018

  5. #25
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Not surprising at all that this animal has more bodies under his belt. What's up with the tcca not only issuing denials, but doing so way ahead of schedule? Did they boot off and replace some of the libturds?

  6. #26
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    I'm sorry if this is an ignorant question, but why is this guy's case moving so fast [at least in comparison to others]?

  7. #27
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Each death penalty case is unique and raises different issues on appeal, which any number of courts can take up and delay the process for years. If there is nothing to appeal for the trial or sentencing, they can always claim to be mentally retarded or mentally ill which can delay it even longer. I am guessing since this case moved relatively quick, the appeals courts deemed there was no real issues worth taking up, although the US supreme court did agree to hear his case (which they rejected).

  8. #28
    Administrator Aaron's Avatar
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    So, I have a question. I assume FFM or another Texas expert would know. Are the federal courts Davila's only hope now or can he still seek a stay under Article 11.071? Or did that denial include 11.071?
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #29
    Senior Member CnCP Legend FFM's Avatar
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    From the previous briefs, I don't see anything new from the recent denial compared to previous ones, so any habeas petitions filed with the CCA will be considered successive and will be easily 'dismissed as an abuse of the writ.' That is what happened last week.

    As for federal courts, I don't know. I've never studied federal habeas procedure that well. However, since USSC was done with him when he lost the case, I can't imagine any argument his attorneys would have will work.

  10. #30
    Senior Member CnCP Addict one_two_bomb's Avatar
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    So him and castillo should be toast. I look forward to the deaths of both of these turds.

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