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James Clark
James Lee Clark, 38, was executed by lethal injection on 11 April 2007
in Huntsville, Texas for the robbery and murder of two teenagers.
Early in the morning of 7 June 1993, Clark, then 25, and James Brown,
21, arrived at a gas station in Denton and asked the store clerk to
call an ambulance for Brown, who had been shot. Clark and Brown told
police officers who responded to the call that they had been fishing
at the Three Rivers Bridge in Denton County when Brown was accosted by
a robber and shot in the leg. Brown was then taken to a hospital. When
Clark led police to the location of the alleged shooting, there was no
sign that the men had been there fishing or that anyone had been shot.
The next day, police pulled the body of Shari Catherine "Cari"
Crews, 17, from the creek. She was killed by a shotgun blast to the
back of her head. She was nude, with her shorts around her neck and
her bra tied around her wrist. She had also been bound and raped.
Police questioned Clark and Brown, who were both on parole. They gave
conflicting statements. Police then returned to the creek to look for
a second body and two weapons. Another body was found. Jesus Garza,
16, was killed by a shotgun blast at very close range to his chin. A
12-gague double-barrel shotgun with a cracked stock and a .22-caliber
rifle with a shortened stock were also found in the creek. Police
found the sawn-off portion of the rifle stock while searching Clark's
trailer. Tennis shoes splattered with the blood of Brown, Crews, and
Garza were also found. Further investigation showed that the shotgun
and rifle were burglarized from cars three days earlier. DNA evidence
showed that Clark raped the female victim. Further investigation showed that her rings and car
keys were stolen.
During interrogation, Clark and Brown blamed each other for both
killings. According to their accounts, Brown was shot accidentally
when the shotgun was being used to bludgeon the victims.
Clark had a prior conviction for burglary of a building. He was
sentenced to 10 years in prison. He was paroled in May 1992 after
serving less than a year of his sentence. (At the time, early release
was common in Texas due to strict prison population caps imposed by
U.S. District Judge William Wayne Justice.) He had been on parole for
about a week when the murders were committed. Clark also had a
conviction for theft by check, and had once been arrested for auto
theft.
A jury convicted Clark of capital murder in the death of Shari Crews
in April 1994 and sentenced him to death. The Texas Court of Criminal
Appeals affirmed the conviction and sentence in October 1996. His
subsequent appeals in state and federal court were denied, and he was
scheduled to be executed in November 2002. Clark then raised a claim
that he was mentally retarded and therefore ineligible for execution
under the U.S. Supreme Court's recent decision in Atkins v. Virginia.
The Texas Court of Criminal Appeals stayed the execution so that the
trial court could hold an evidentiary hearing on Clark's retardation
claim. The trial court found that Clark was not retarded. The TCCA
affirmed and allowed the trial court to set a new execution date. That
date was stayed in April 2004 by the U.S. Fifth Circuit Court of
Appeals so that the federal courts could consider Clark's retardation
claim. A federal district court denied that claim in July 2006, and
thereafter all of Clark's appeals were denied.
James Richard Brown was convicted of robbery and was sentenced to 20
years in prison. He remains in custody as of this writing. His
sentence will be completed in June 2013.
While awaiting execution, Clark declined requests for interviews.
At his execution, when the warden asked if he had a last statement to
make, Clark replied, "I don't know," chuckling. "I don't know what to
say." The lethal injection was then started. Clark then noticed
witnesses watching through a window and blurted out, "Oh, I didn't
know anybody was there. Howdy." He then lost consciousness. He was
pronounced dead at 6:17 p.m.

By David Carson. Posted on 12 April 2007.
Sources: Texas Department of Criminal Justice, Texas Attorney General's office, Associated Press, court documents.
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