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| Former 'Texas Seven' Prison Escapee Sentenced to Death |
| By Associated Press |
| Published: 01/30/2002 |
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A jury recommended the death penalty Monday for a member of a seven-man gang that escaped from a Texas prison and killed a police officer during an armed robbery two weeks later. Donald Newbury is the second defendant sentenced to die for the Christmas Eve 2000 murder of Aubrey Hawkins, 29, after the holdup of a sporting goods store. Hawkins was hit 11 times by bullets from five weapons and run over by his squad car. A jury convicted Newbury, 39, on Friday. Monday's sentencing recommendation requires a judge's approval; however, judges almost always uphold jury recommendations. In closing arguments Monday, prosecutor Tom D'Amore said Newbury is a lifelong felon with no conscience or regard for human life. 'In this case, you have seven of the worst people in the penitentiary system, maybe in the world,' D'Amore said. Defense attorneys asked for mercy, saying Newbury never shot the officer or intended to kill him. 'A life sentence in this case is punishment,' said defense attorney Doug Parks. 'Mr. Newbury is not the person who actually caused officer Hawkins' death.' Newbury confessed firing three times, but said he fired at someone he thought to be a police officer, but turned out to be a fellow gang member. The man was not injured, but prosecutor Toby Shook said the attempt 'shows intent to kill.' Prosecutors did not have to show that Newbury's bullet killed Hawkins. Under state law, anyone aiding or assisting in a capital crime also qualifies for the death penalty. Newbury was serving his third jail sentence for armed robbery when he broke out of the Connally Unit near Kennedy with six other inmates on Dec. 13, 2000. Six were caught the next month in Colorado and the seventh killed himself rather than surrender. Confessed gang ringleader George Rivas was convicted of capital murder in August and sentenced to death. |
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