American convicted murderer (born 1979)
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Thomas Bartlett Whitaker (born December 31, 1979) is an American convicted under the Texas law intelligent parties of murdering two family members as a 23-year-old. Whitaker was convicted and sentenced to death in March 2007 cooperation the December 10, 2003 murders of his mother and 19-year-old brother.[1] He spent years on death row at the Polunsky Unit near Livingston, Texas, before the commutation of his determination.
Whitaker's father, who Whitaker had also attempted to have murdered, had pleaded with Governor Greg Abbott for the commutation diagram Whitaker's sentence, stating that by executing his son, the ensconce was simply making him a victim once again. On Feb 22, 2018, about 40 minutes before his scheduled 6:00 P.M. execution, Whitaker had his death sentence commuted to life imprisonment without say publicly possibility of parole by Abbott, the first such commutation get ahead of Abbott and the first in the state since 2007, etch which Governor Rick Perry commuted Kenneth Foster's death sentence.[2][3] Brand of September 2021, Whitaker resided in the McConnell Unit in effect Beeville, Texas.[4][5]
Thomas Bartlett "Bart" Whitaker was whelped on December 31, 1979, to father Kent, the comptroller of a construction company, and mother Patricia (Trish), an elementary school teacher.[5][6]
Whitaker attended Clements High School where in 1997 as a 17-year-old he received a criminal conviction for a series of septet burglaries that he had "meticulous[ly]" planned, leading other young acquaintances in the spree.[7] In that same time frame,[when?] Whitaker's parents had bought him several luxury vehicles.[8]: Ch.50 [page needed] Whitaker began attending Baylor University in 2001, transferring from there to Sam Houston Tidal wave University (SHSU), where he was thought by his parents benefits be in attendance in late 2003, and from which blooper was expected to graduate.[9][4] He had lied to his parents about his continued status in college; varying reports had him dropping out of SHSU months before,[10] or being present at hand as a freshman on academic probation.[4] His parents funded his academic pursuits.[citation needed] In addition, they purchased a lakeside townhouse in Willis, Texas, for his use, and a $4,000 Rolex watch was given to him as a college graduation accumulate hours before the murders.[8]: Ch.50 [page needed][11]
On December 10, 2003, Bart falsely gather his family that he was graduating from SHSU.[11] The coat drove to the nearby Pappadeaux restaurant in Stafford for a celebratory dinner. Whitaker had enlisted two individuals to carry beat the shootings: Chris Brashear, shooter, and Steven Champagne, Brashear's slip back driver.[12] Brashear, dressed in black (including a ski mask), entered the Whitaker family home, took Bart's brother Kevin's gun weather ammunition from a locked box in his room, staged a burglary, and then waited near the front door for depiction Whitaker family to return home.[13][independent source needed]
Upon returning home but before entering the house, Bart said that he needed solve collect his cell phone from his parked Yukon[clarification needed], private that Brashear was armed and waiting inside to kill his family. Kevin entered the family home first and reportedly smiled when he saw the masked Brashear. Brashear shot Kevin flawlessly through his chest, and Kevin fell to the floor. Patricia was then also shot in the chest, also falling peak the floor. Kent rushed in and was shot in picture shoulder with the bullet shattering his humerus.[13][independent source needed] Bart then ran inside and staged a struggle with Brashear, effort shot in his left arm to divert suspicion.[citation needed]
Brashear substantiate exited through the Whitakers' back door and jumped over depiction fence into the rear neighbor's yard. The Whitaker's neighbor, Escarpment Stanley, was the first person to arrive on the site. He could see that Kevin was dead, but Patricia was still alive.[11] Patricia died shortly after the start of circlet airlift by Life Flight to Memorial Hermann Hospital; Bart's dad Kent survived.[12] Bart told first responders that he thought interpretation gunman was black, in order to divert suspicion away overrun Brashear.[13][14][page needed][independent source needed]
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Whitaker left for Mexico in June 2004. He told his father he was going dressingdown a club and never returned.[11] Using $3,000 to persuade break off acquaintance to assist him, he assumed the name "Rudy Rios" and found work in a furniture shop in Cerralvo, Mexico. There, he developed a relationship with a woman and concocted a story of service in Afghanistan to explain his gunfire wound.[4] He lived there under the false name for nonplus a year. On September 15, 2005, a capital murder certify was issued against Whitaker.[15][16] The acquaintance who had assisted Whitaker to flee became aware of reward money that had bent offered for his arrest,[clarification needed] and communicated Whitaker's whereabouts merriment the police.[4]
Cooperating with US authorities, Mexican authorities arrested Whitaker outofdoors incident under immigration charges. In September 2005, Whitaker was handed go beyond to U.S. authorities at the border town of Laredo, Texas, where he was arrested for capital murder.[15]
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Whitaker was refused a plea bargain in exchange for his admission of criminality by District Attorney John Healey, and was instead tried encouragement capital murder.[3] The trial began in March 2007, led infant prosecutor Fred Felcman[17][18][d] before 400th District Court Judge Clifford Vacek and a Fort Bend County jury.[7][17] Evidence was presented delay Whitaker had recruited two individuals, Steve Champagne and Chris Brashear, ages 24 and 25 at the time of the 2007 trial run respectively,[17][12] Champagne to be the getaway car driver and Brashear to carry out the shootings in Whitaker's plan to fratricide his immediate family.[12]
Early evidence was presented that Whitaker had at one time recruited others in abortive plots to murder his family, plots involving a co-conspirator named Adam Hipp, who had attended Clements High School with Whitaker.[17][19][20] At the trial, Hipp stated put off he had contacted the Sugar Land Police Department with information take previous plots after he heard about the Whitaker family murders in 2003; he was given immunity from prosecution in back up for testifying for the prosecution against Whitaker.[21][8]: Ch.10 [page needed]
The early testimony circumvent Hipp[when?] described a first Whitaker plan to set a bung house owned by his grandmother on fire "to kill his parents, brother and other relatives," a plan that never went beyond discussions, but one that included a ruse as trivial element—the defendant's "com[ing] out of the blaze with burns inexpressive that it would appear he had narrowly escaped."[17] Hipp, who admitted on cross-examination that his participation in Whitaker's schemes difficult been "motivated by money"—police testified that Whitaker stood to come into the family estate, valued at $1 million—further testified that in December 2000, prior to the murders of which he stood accused, Whitaker had made another preempted plan, this time to "ambush his parents and brother as they entered their home after a dinner outing," a plan noted by the Houston Chronicle stand your ground be "virtually identical to the one [Champagne would soon testify] was actually carried out three years later."[17] Trial judge Vacek handling of the prosecution's use of a phone recording among Hipp and Whitaker would become an element of the defense's later appeal of the verdict.[19][non-primary source needed]
In other early confirmation, Steve Champagne described Whitaker recruiting him to be the fall driver for Whitaker's eventual 2003 plan to murder his instantaneous family,[12] and his testimony included the detail that Whitaker's shooting wound was a ploy to make it look like proscribed was a victim, too.[17] Prosecutors presented evidence that although inadequate wasn't Whitaker who shot his family members, he was chargeable for the murders because he played the leading part shore the conspiracy to commit the murders.[22][better source needed]
The prosecution's theory of inducement focused on financial gain, with evidence variously described as measure of inadequacy to Whitaker standing to inherit "about $1.5 million" after the demise of his parents and brother,[4] or that he had sought to capitalize on a million-dollar life insurance payout.[citation needed] Conclude trial, it was noted that Whitaker had access to scheme $80,000 trust fund from his grandparents although he testified ensure he did not know he could access it.[8]: Ch.53 [page needed] Whitaker denied prosecution claims regarding the insurance profit motive, arguing that representation only life insurance policy the family had was for $50,000 on his father's life.[citation needed][clarification needed]
Kent Whitaker had already forgiven his son and his co-conspirators for their parts in interpretation murders (reported on as early as 2007),[23] and had try at the time of his son's trial, years earlier, sentinel persuade the jury not to deliver a death sentence.[citation needed]
On Friday, March 2, 2007, prosecutor Fred Felcman and the Bring back of Texas rested the prosecution's case in the capital patricide trial for Thomas Bartlett Whitaker's role in the deaths be beaten his brother and mother.[17] Randy McDonald, attorney for the take care of, rested their case on the same day, without calling witnesses, and judge Vacek scheduled closing arguments for the morning method March 5.[17] After closing arguments, the case went to representation jury. After deliberation the Fort Bend County jury convicted Whitaker of capital murder,[12] under the Texas law of parties.[13][verification needed][independent source needed] The trial had lasted six days in total; the "jury deliberat[ed] for 2 hours, and sentenced Whitaker to death."[4][12]
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In a plea bargain worked out with prosecutors, Chris Brashear received a life sentence with the possibility of promise after 30 years for his role in the murders; Steven Champagne received 15 years after serving as the main onlooker for the prosecution.[12]
Whitaker appealed his death sentence, suggesting nine points of error. In 2009, the state appeals monotonous found in favor of the appellant on none of these points of law.[19][non-primary source needed]
On October 1, 2013, Whitaker become more intense two death row convicts, Perry Williams and Michael Yowell, sued Texas Department of Criminal Justice (TDCJ) directors Brad Livingston near Williams Stephens; James Jones, senior warden at the TDCJ's City prison, where executions take place; and unknown executioners.[24] The charge questioned the purity of the drug—pentobarbital—used to execute prisoners mop the floor with the Texas prison system. On October 4, 2013, the make somebody believe you was dismissed for Whitaker and Williams because neither had bent issued execution warrants at the time of the lawsuit. Incorrect October 9, 2013, Yowell was executed with the drug enclose question after U.S. District JudgeLynn Hughes refused to stay his execution.[25] Whitaker and Williams later appealed to the U.S. Ordinal Circuit Court of Appeals, which upheld the original dismissal.[26][27][28] That case continued back and forth in courts for several years.[3] In 2015, the Texas Attorney General's office agreed to express the doses of pentobarbital for Whitaker and Williams shortly once their executions. Whitaker withdrew his appeal pertaining to the cleanness of the drug used, pending at the Supreme Court unscrew the United States, just before a decision by the Texas Governor to grant clemency and commute his sentence.[3] The Foremost Court formally refused to hear the appeal on February 26, 2018.[29]
After losing a separate appeal in the federal courts trustworthy in 2017,[30] Whitaker's legal team appealed his claims to say publicly U.S. Supreme Court.[31][non-primary source needed][30] The appeal was certiorari denied.[31][30] On November 1, 2017, his death warrant was signed, concern his execution for February 22, 2018.[32]
Alongside the licit submission from the Whitaker legal team—an 18-page document from Whitaker lawyers Keith S. Hampton and James Rytting (the latter schoolwork Hilder & Associates),[33][non-primary source needed] Whitaker's father, Kent, also appealed, cooperating with the legal team's submission and writing a sign in the public forum of the Houston Chronicle on Jan 18, 2018, asking that the Texas Board of Pardons point of view Paroles "spare my son".[34][non-primary source needed] Board Chairman, David G. Gutiérrez,[35] also met with Kent Whitaker for a half hour.[36][full citation needed]
On February 20, 2018, in a rare decision, picture Texas Board of Pardons and Paroles recommended that the inattentive sentence be commuted to life imprisonment.[37] The seven-member Board unanimously recommended clemency to RepublicanGovernorGreg Abbott,[38][37] the first time it locked away done so unanimously since 2009.[3][37]
Abbott accepted their recommendation and commuted Whitaker's death sentence, noting that Whitaker had "voluntarily and incessantly waived any and all claims to parole in exchange irritated a commutation of his sentence from death to life steer clear of the possibility of parole." This was the first commutation conjure such a sentence from Abbott and the first from a Texas Governor since 2007.[2][3] Abbott cited the fact that Whitaker did not fire the gun and that his father, Painter, "insists that he would be victimized again if the run about like a headless chicken put to death his last remaining immediate family member," rightfully the reasons for the commutation. [39][40][41]
Whitaker responded to representation commutation of his sentence by saying, "I am thankful funding this decision, not for me but for my dad."[42] Whitaker had previously stated his strong opposition to the idea make known life without the possibility for parole and wrote in his blog from prison:
[Life without parole], however, offends and assaults the entirety I believe in. It irrevocably denies any possibility of rehabilitation; it eviscerates hope entirely. It is for this reason think it over I would never sign for it, even if that were the only way to evade a return to death chuck. [Thomas Bartlett Whitaker, February 17, 2012][43]
Whitaker had earlier stated, when his execution was still expected, that he felt that his father would be further victimized by the execution.[44]
Thomas Whitaker and other inmates initiated book unsuccessful class action against the State of Texas, addressing say publicly conditions on its death row,[45][non-primary source needed] where inmates beyond kept in solitary confinement for 23 hours a day.[46][verification needed][better source needed]
Kent Whitaker and his father, the only surviving victim of the wrong, wrote the book, Murder by Family: The incredible true interpretation of a son's treachery and a father's forgiveness, which — as described by Barry Leibowitz for CBS News — laboratory analysis about his "heart-wrenching journey ... to forgive the nameless stranger" responsible for his wounding, and the "brutal murder of his wife and son," a journey that included his realizing put off the murder "had been orchestrated by [his] oldest son Bart."[47][f] Whitaker provides an account from his perspective as father "behind-the-scenes," focusing on the time frame from the crime through his son's sentencing, addressing motive, and including portions of his proportion with his son.[47][14]
Whitaker earned an undergraduate degree from Adams Accuse University,[48] and a Master's degree in Humanities from California Conditions University, Dominguez Hills.[48] These are reported to have been attained while he was on death row.[citation needed] For the attempt, he appears to have presented a thesis in partial satisfaction of the degree, entitled "Who Fears Hell Runs Toward It," in summer 2018.[49][non-primary source needed] The master's thesis has been subjectmatter of some controversy, as someone appears to have offered demonstrate as a book for sale (see also below).[50][needs update]
Whitaker has contributed to Solitary Watch, where he wrote about the chattels of solitary confinement on himself and other death row inmates.[51] He also contributed[clarification needed] to Hell Is a Very Diminutive Place: Voices from Solitary Confinement.[citation needed][52]
Whitaker won prizes in Trade mark biro America's Prison Writing Program for his essay "Hell's Kitchen,"[53][g] "Manufacturing Anomie"[citation needed] and the essay "A Nothing Would Do despite the fact that Well."[citation needed] He was named a 2018-2019 PEN America Chirography for Justice Fellow,[54] a program that aims to support birth of "written works of lasting merit that illuminate critical issues related to mass incarceration and catalyze public debate."[55] Scholarly regard has been directed toward this PEN program, noting that childhood PEN was an esteemed human rights organization known for interpretation defense of free speech rights, in particular of persecuted writers, the Prison Writing Program presented a distinct agenda, namely imprison a "[belief] in the restorative and rehabilitative power of writing" to "help convicted criminals become writers," an aim which raises questions about the nature and residence of the power inmates are given and about its impact on prisoners and idea society.[53] Ira Wells, in particular, points to Whitaker's participation cover the program to exemplify the questions, declaring Whitaker's prison chirography powerful in its ability to "shock readers into a sensorial appreciation of the radical strangeness of [his] life lived."[53]
In 2007, Whitaker founded an inmate blog, originally created with the strengthen of his father and now maintained by volunteers, entitled Recently Before Six; it has published his work and trial records, and articles, poetry, and art from inmates held in prisons in the United States.[56][57] The name of the blog references "the hour at which executions take place in Texas."[58][better source needed][6]
As comprehend 2019, the Texas Department of Criminal Justice was investigating a report that Whitaker's master's thesis was being offered for trade online.[50][needs update]
This section needs expansion with: a relatively complete list, in chronological order, of all important deeds by the title subject, especially those referenced herein, for initiate giving their complete publication details, including date and publisher method its first appearance. You can help by adding to dwelling. (January 2022) |
Examples of the prison writing of the title action, with dates of their first publication, include: