As Execution Nears, Plano Road-Rage Killer Claims Inhumane Treatment, Neglects to Mention He Tried To Tear Phone From Wall
Barring a stay of execution, Douglas Feldman is scheduled to die in nine days. His petition for a state writ of habeas corpus based on ineffective assistance of counsel has gone nowhere. He claims his trial attorney failed to investigate the role his alleged bipolar disorder played in the murders. Now he's running out of road, but Feldman is in no hurry to become the 503rd Texas inmate to meet the end. So, he filed his own petition with a federal district court last week.
It's handwritten and a little messy, but Feldman is no dummy. His petition is also lucid and articulate. He was, after all, once a financial analyst. Then, in 1998, he was out for a night ride on his Harley when he claimed an 18-wheeler nearly ran him off the road. He gunned his motorcycle alongside the truck and emptied his clip into the cab, killing Robert Everett, the driver.
On his way home, he pulled off at an Exxon fueling station and shot tanker driver Nicholas Velasquez in the back. A week later, he shot Antonio Vega outside of a Jack-in-the-Box because he was standing next to a big rig. A jury sentenced him to die. Last year, the 5th U.S. Circuit Court of Appeals declined to vacate his death sentence. Earlier this year, he wrote a letter to Gawker, pondering the sociological inequities he'd identified on death row and requesting "LSD Hydrate" to help him cope with some heavy existential anxiety.
Now, he's taking a run at the federal district court himself and claiming some abhorrent treatment in the Polunsky Unit. Among other things, he says he's had his head shaved, been subject to round-the-clock searches, been forced to sleep naked on the bare concrete floor and been denied toilet paper. All of this, he claims, without having been "convicted of any disciplinary offense."
But Unfair Park reached out to the Texas Department of Criminal Justice and was just stunned to discover that Feldman isn't exactly Nelson Mandela. About a month ago, he granted an interview to a reporter. Before it could begin, TDCJ spokesman Jason Clark says, the inmate tried to tear a telephone from the wall.
Feldman, Clark says, has a lengthy disciplinary history. He's been caught with a razor, which officers believed could be used as a weapon. He has filled bottles in his cell with feces and urine. He has "attempted to assault a corrections officer by slipping out of his cuffs."
Clark couldn't comment on Feldman's pending litigation.
A uninformed opponent is a dangerous opponent.
I was once a victim of road rage when I was 15: i was riding my bike through a park going about 30 mph, was in traffic, and had signaled to turn left using my hand when the knucklehead behind me driving a 70's muscle car hit the gas and went to go around me at the exact second i turned my handlebars - felt it before i saw it because it threw me into some shrubs. The car in front of us stopped immediately and the state cop behind us put on his lights! As i was lying in the bushes trying to untangle myself from my bike the driver of the muscle car lunged out and ran over to me screaming obscenities and I'll never forget that feeling of hopelessness buried in branches and wheels and thinking crap i'm about to get clobbered. The next thing that happened and in my minds eye it always replays in slowmo: this cop just came sailing through the air and took the irate thug to the ground and had cuffs on him in what seemed like all one well rehearsed move. The people in the park were great and helped me up and we were all astonished that i wasn't seriously hurt. Had the guy had just a few more 10ths of a second and that wouldn't have been the case. As i was being helped over to the police cruiser the cuffed driver started hollering again that he was gonna get my information and on those words the cop threw him face first into the hood, repeated at least 2x, and planted his knee solidly in his groin along the way. As the guy was lying on the ground he explained that this would be impossible as my information wasn't directly needed because the cop had witnessed his assault of me with his car. The thirty or so people assembled at this point broke out in applause. An ambulance that had showed up for me ended up being used for him. That guy was ready to kill me over the scratched paint on his car as if it were my fault.
There are people out there that can, on a dime, go from a state of tranquility to total rage without any real provocation and Feldman is clearly one of that mold. True sociopaths like him can't be fixed and his crimes warrant him being put down like the rabid vermin he is. Feldman's suffering is deserved - his victim's know and do attest to that.
'Let No One Ignorant of Logic Blog Here' - Plato Jr.
Borderline Personality Disorder
According to data from a subsample of participants in a national survey on mental disorders, about 1.6 percent of adults in the United States have borderline personality disorder in a given year.
Media Advisory: Douglas Alan Feldman scheduled for execution
FACTS OF THE CRIME
The U.S. Court of Appeals for the Fifth Circuit described the facts of the crime as follows:
Feldman was riding his motorcycle on the night of August 24, 1998 when Robert Everett, driving an eighteen-wheeler, suddenly passed Feldman and pulled into his lane, missing Feldman’s left hand by inches. Enraged, Feldman took out his firearm and fired several shots into the back of Mr. Everett’s trailer. Feldman then reloaded his weapon and pulled up alongside the cab of Mr. Everett’s truck. He fired several shots directly at Mr. Everett, killing him.
After returning to the scene of the crime to verify that Mr. Everett was dead, Feldman headed home. Approximately 45 minutes after Feldman shot and killed Mr. Everett, and about eleven miles from the scene of the original shooting, Feldman passed an Exxon service station where Nicolas Velasquez, an Exxon tanker truck driver, was refilling the station’s gas supply. Feldman drove into the station and shot Mr. Velasquez twice in the back, killing him. Feldman then returned home.
Over a week later, Feldman shot Antonio Vega while Mr. Vega was standing outside of a Jack-in-the-Box restaurant. Mr. Vega was seriously injured but survived. A bystander noted Feldman’s license plate number and relayed the information to police. When the police apprehended Feldman, they recovered two firearms and hundreds of rounds of ammunition. Testing on one of the weapons and the shell casings found at the scene of the shootings of Messrs. Everett, Velasquez, and Vega confirmed that the weapon had been used at all three locations.
After his arrest but prior to trial, Feldman admitted committing the shootings to a police investigator, stating that they were the consequence of his traffic altercation with Mr. Everett. Feldman also testified to the shootings at his trial, noting that he had not forgiven Mr. Everett for his trespasses. Feldman explained that he had shot Mr. Velasquez because the man was standing beside an eighteen-wheeler, which caused Feldman to “explode[ ] again in anger.”
On Sept. 8, 1998, a Dallas County grand jury indicted Feldman for the offense of capital murder for the killings of Everett and Velasquez.
On Aug. 25, 1999, a jury convicted Feldman of capital murder. On Aug. 31, 1999, after the jury recommended capital punishment, the trial court sentenced Feldman to death by lethal injection.
On Feb. 20, 2002, the Texas Court of Criminal Appeals affirmed Feldman’s sentence.
On May 29, 2001, Feldman filed an application for a state writ of habeas corpus. The Court of Criminal Appeals denied Feldman’s application on April 18, 2007.
Feldman then appealed his conviction and sentence in federal district court. The Northern District of Texas, Dallas Division, denied his petition for a federal writ of habeas corpus on May 3, 2011.
On Sept. 14, 2012, the U.S. Court of Appeals for the Fifth Circuit affirmed the federal district court’s denial of relief.
On Dec. 11, 2012, Feldman filed a petition for writ of certiorari with the U.S. Supreme Court. The Supreme Court denied certiorari review on March 18, 2013.
On Oct. 18, 2012, the Criminal District Court No. 3 of Dallas County scheduled Feldman’s execution to take place on July 31, 2013.
On March 7, 2013, Feldman filed a pro se pleading with the Northern District of Texas, Dallas Division. On April 22, 2013, the district court dismissed certain claims in the pleading and transferred others either to the Fifth Circuit or the Eastern District of Texas, Lufkin Division.
On July 11, 2013, the Texas Court of Criminal Appeals dismissed Feldman's subsequent application for a writ of habeas corpus.
On July 17, 2013, Feldman filed a motion to reconsider in the Texas Court of Criminal Appeals.
On July 18, 2013, Feldman filed a pro se motion to reconsider in the United States Court of Appeals for the Fifth Circuit.
On July 22, 2013, the Texas Court of Criminal Appeals declined to reconsider its decision to dismiss Feldman's subsequent writ application.
Last edited by FFM; 07-24-2013 at 03:42 PM.
Austin Chronicle article
Rick Perry Death Watch
Douglas Feldman to become 503rd inmate put to death since reinstatement
By Jordan Smith, Fri., July 26, 2013
Just two months after his 40th birthday, Dallas County resident Douglas Feldman, rode his motorcycle up next to the cab of an 18-wheeler and fired a half-dozen rounds into the passenger area, killing 36-year-old driver Robert Everett.
Reportedly, Feldman was riding his Harley-Davidson on Dallas' Central Expressway in August 1998 when Everett sped up next to him and then abruptly changed lanes in front of Feldman, nearly clipping him. Feldman was enraged, according to court records, pulled out a pistol and fired several rounds into the back of the truck before reloading the weapon and speeding up to parallel with the cab to shoot Everett. Feldman then fled. Less than an hour later, and about 11 miles from the scene of Everett's murder, Feldman passed an Exxon service station, where 62-year-old Nicolas Velasquez, a tanker driver, was replenishing the station's gas supply. Feldman rode into the station and fired two rounds into Velasquez's back, killing him; the sight of the man next to the truck sent him back into a rage, he testified at his 1999 trial. More than a week later Feldman shot Antonio Vega, as Vega stood next to an 18-wheeler outside a Jack in the Box restaurant; again, Feldman said the sight of the truck was what compelled him to shoot. Vega survived. A bystander to the Vega shooting called in Feldman's license plate number and police were able to match Feldman's gun to all three shootings. Feldman was arrested and charged with capital murder.
Feldman admitted to police that he was responsible for the shootings, and at trial testified in his own defense, "noting that he had not forgiven Mr. Everett for his trespasses," reads a Fifth U.S. Circuit Court of Appeals opinion in the case. "Feldman explained that he had shot Mr. Velasquez because the man was standing beside an [18-wheeler], which caused Feldman to 'explode again in anger.'" Feldman was convicted and sentenced to die. On July 31, he will become the 503rd inmate put to death in Texas since reinstatement, and the 11th inmate killed by the state this year.
On appeal, Feldman argued that qualified jurors had been improperly excluded from the jury pool, that his attorney failed to present evidence that he suffered from bipolar disorder as possibly mitigating evidence, and that his trial judge erred by not allowing jurors to consider a lesser charge of murder (which would spare Feldman's life), among other arguments. According to Feldman the murders arose out of a "sudden passion" and thus mitigated his culpability. "Even though sudden passion arising from an adequate cause is not a legally valid defense to capital murder under Texas law, it is definitely a factually valid rational explanation of the causal events leading up to the offense," Feldman argued in a subsequent, handwritten appeal he filed on his own with the Fifth Circuit. That appeal, too, has been rejected, clearing the way for Feldman's execution at the end of the month.
A uninformed opponent is a dangerous opponent.
Man to be executed for murdering Marshfield man
MARSHFIELD, Mo Justice will finally be served in a rage road murder, 15 years later.
A truck driver from Marshfield was killed in Texas in 1998. Bob Everett left behind his two children, a host of other family members and a church congregation.
It took a jury only 24 minutes to convict a man of murder in Everett's death.
Texas has scheduled his execution for Wednesday at 6:10p.m
"He had a lot of rage, and it happened to be on the road that day," said Detective John Everett.
Listening to Douglas Feldman is chilling.
He is a murderer who his victims say shows no remorse and no compassion.
Bob Everett was 36.
"He was a good boy. If someone needed help, Bob would be the first one to be there to help him," said Everett's parents, speaking with KY3 News in 1998.
"There was a lot of ripple effects to this man's actions," said John Everett.
Feldman not only murdered Bob, but also sent Bob's dad and his mom to the grave, overcome by grief.
"She died just a little over a year after the trial and they think that she developed cancer during the trial," Detective Everett said of his mother. He says he'll never have closure in his brother's death, but come Wednesday, he will have an end to a very long chapter. It's a story that's long made national headlines.
"I read about it in the Washington Post, L.A. Times, and a lot of that is because Bob was driving his truck on U-S 65 when he was shot and had to get that rig shut down to avoid other people getting hurt," Everett said.
Bob was a hero in life and death.
"His real passion was preaching the gospel and he drove a truck because he had to make a living."
Feldman will die by lethal injection.
John will be there to watch.
The man who could kill for road rage-- multiple times-- will get society's ultimate punishment.
"I don't think it is going to be as hard as a lot of people think it is. What's hard is cleaning out your brothers 18-wheeler that is blood soaked, broken glass, water cup still in the holder, clothes are in there, his food is there... that is what's tough. And what's tough is watching your family gather round his casket for the last time. That's a lot harder than this is going to be," John said.
Mrs. Everett had gotten a clean bill of health just two weeks before the murder-- then it quite literally killed her and her husband.
Feldman has an MBA from Southern Methodist University, a highly coveted degree.
A uninformed opponent is a dangerous opponent.
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