Execution Report: Donald Newbury

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Newbury had three previous convictions for armed robbery. He received a 10-year sentence for the first in 1981. He was released on parole in July 1985. He received a 15-year sentence for his second office in April 1987. He was paroled in March 1992, five years later. (At the time, Texas prisons were under strict population caps imposed by U.S. District Judge William Wayne Justice.) In 1998, he received his third conviction, which resulted in a 99-year sentence. He also participated in a coordinated escape attempt in 1981.

A jury found Newbury guilty of capital murder in January 2002 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in April 2004. His case went to the U.S. Supreme Court twice on a claim that his trial lawyer failed to present an adequate defense at his punishment hearing. On both occasions, the high court ordered the Fifth Circuit Court of Appeals to re-evaluate its decision to deny Newbury's appeal. Each time the Fifth Circuit received the case, however, it ruled against Newbury. On the evening of Newbury's execution, the Supreme Court declined the opportunity to review his claim for the third time.

All five of the other surviving escapees received death sentences. Michael Rodriguez' sentence was carried out in 2008 after he dropped his appeals. George Rivas' sentence was carried out in 2012. In their last statements, both men expressed remorse for their crimes and apologized to the Hawkins family. Patrick Murphy, Joseph Garcia, and Randy Halprin remain on death row. None currently have execution dates set. Rodriguez' father also pleaded guilty to helping the prisoners escape.

Texas prison officials said that during Newbury's 13-year stay on death row, he accumulated 55 disciplinary infractions, including some for assaulting guards. Extra guards were placed on duty for his execution in case he resisted, but he did not.

Officer Hawkins' widow, Lori, chose not to attend Newbury's execution. She issued a statement supporting the execution and said that "final justice will be served" when the remaining members of the Texas Seven are gone. Outside the prison walls, about two dozen members of the Irving Police Department and some members of the Freedom Riders motorcycle club gathered to honor Hawkins.

When asked if we wished to make a last statement, Newbury answered, "I would." He then quoted from 20th-century poet Robert Graves: "That each new indignity defeats only the body, pampering the spirit with obscure merit." He finished by saying, "I love you all. That's it." The lethal injection was then started. As the drugs began to take effect, members of the Freedom Riders revved their engines, making a roar that could be heard inside the death chamber. Newbury was pronounced dead at 6:35 p.m.

By David Carson. Posted on 5 February 2015.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, court documents, Associated Press, Dallas Morning News, Fort Worth Star-Telegram, murderpedia.com.