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A jury convicted Maxwell of the capital of murder Rudolfo Lopes in March 2002 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in November 2004. All of his subsequent appeals in state and federal court were denied.
He was also convicted in Indiana of Bott's killing and was sentenced to 91 years in prison.
Tessie McFarland testified against her boyfriend at the trial for Lopes's murder. She pleaded guilty to capital murder and was sentenced to life in prison. She also pleaded guilty to confinement and arson in Bott's killing and received a 30-year sentence. She remains in custody in Texas as of this writing.
"There's really no explanation," Maxwell told a reporter from death row a few days before his execution. "All the way from the top to the bottom, just senseless."
Maxwell said that his three teenaged children live Indiana and have visited him a couple of times, but mostly write. "I love my kids, and I regret the fact that this guy's family is going through this," he said.
Despite his remorse, Maxwell protested against his upcoming execution. "I need to be locked up, no doubt about it," he said. "But me dying isn't going to solve anything."
"I'm still very angry," Sgt. Lopes's sister said when asked to comment on the upcoming execution. "Maxwell, when he was housed here in Bexar County, he mocked my brother. He mocked that he begged for his life, and I'll always remember that."
"I don't think there's closure," she said. I don't know what that is. But, it's a way of moving on."
At his execution, Maxwell made a last statement that alternated sentiments of remorse with arguments against his execution. "I want to address you. I am sorry. I don't know who you are," he said to relatives of his two victims, who watched from a few feet away. "I am sorry I put you through some things that I can't take back. I am sorry. This isn't going to change anything. Sorry for putting you through this. This is creating more victims. I am sorry I put you through this. I love you man, I love you. This is not gonna change anything."
"Let this be a lesson," he continued. "Your decisions affect everybody." After offering more apologies and expressing love to his family, he concluded his last statement. The lethal injection was then started. He was pronounced dead at 6:27 p.m.
By David Carson. Posted on 15 March 2010.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, Associated Press, San Antonio Express-News, court documents.