Execution Report: James Freeman

James Garrett Freeman, 35, was executed by lethal injection on 27 January 2016 in Huntsville, Texas for the murder of a game warden in a standoff with law enforcement.

In the nighttime on Friday, 16 March 2007, Texas Game Warden Jonathan Blackburn was conducting surveillance in an area near Lissie in Wharton County, about 60 miles west of Houston, where residents had complained of shots being fired at night. He parked his truck on the side of the road with its lights off. Around 11:00 p.m., he saw a truck driving very slowly in his direction. He heard a single gunshot, which he believed came from a small-caliber rifle, such as a .22. As it is illegal to discharge a firearm on or across a public road, Blackburn drove toward the truck to investigate. When he was about 30 to 40 yards away, he turned on his red and blue lights and in-vehicle camera. The driver of the truck drove toward him, passed him, and then sped off.

It was later discovered that the gunshot had killed a possum.

Blackburn followed the truck along gravel and paved roads at speeds ranging from 45 to 100 mph. He requested backup from the Wharton County sheriff's office. Five constables joined the pursuit in their patrol cars, chasing the truck at speeds up to 130 mph. Meanwhile, Texas Game Warden Justin Hurst parked his truck across an intersection to set up a roadblock. The fleeing driver was able to steer around Hurst's truck, although he did sideswipe it. Hurst then joined in the pursuit, as did members of the Texas Department of Public Safety. The driver managed to avoid spike strips put down by DPS troopers several times, but ultimately, he drove over them and was forced to stop with three flattened tires. The chase lasted for a total of about 90 minutes, but it ended in the same general area as where it began.

The dispatcher identified the truck as belonging to Freeman, then 26. Blackburn and one of the constables, John Szymanski, were acquainted with him. They did not recognize him as the driver during the pursuit, however, nor did they consider the driver's behavior to be consistent with what they knew of Freeman, so they believed they were chasing a stolen truck.

The truck pulled into a driveway in front of the Lissie Cemetery, with the driver's side turned away from the pursuit vehicles. As the driver exited the truck, he began firing a handgun at the officers, who returned fire. When he had emptied the handgun, he switched to an AK-47 semi-automatic assault rifle. Now up against a more powerful weapon, the officers retreated to the backs of their vehicles for better cover.

Blackburn watched as Hurst left his cover and moved into the open, where he had a clear shot at the driver. According to Blackburn, the driver saw Hurst, aimed the rifle at him, and shot. Blackburn then saw Hurst lying flat on the ground. The driver then fled on foot, and was apprehended. He was identified as James Freeman, the owner of the vehicle. He fired a total of approximately 30 rounds from his AK-47 and his Glock .357 handgun. He was shot four times by return fire.

Hurst was taken by helicopter to a hospital in Houston. He was pronounced dead on arrival from a gunshot wound to his left arm and torso.

The trial court denied a change of venue request made by Freeman's lawyers.

Trial testimony indicated that on the night of the shootout, Freeman drank about nine beers while watching a football game on television at home. He then decided to drive around and shoot snakes and birds - something he enjoyed doing.

The defense argued that Freeman had not intended to kill anyone, but was depressed and suicidal and was attempting to induce officers to shoot and kill him, or commit "suicide by cop." Dr. Jerome Brown, a clinical psychologist, said Freeman acted "without any understanding of the consequences or thinking about the consequences of what he's gotten himself into."

The state maintained that Freeman intended to kill the officers because he wanted to escape arrest and punishment. Prosecutors argued that he was neither suicidal nor mentally impaired.

Freeman had no prior felony convictions. The only item on his criminal record was a 2006 guilty plea to driving while intoxicated, for which he was sentenced to 180 days in jail and 12 months' probation. Over 40 witnesses, testifying on his behalf, described him as polite, respectful, and courteous and said that the killing was totally out of character for him. The arresting officers and jailers testified that he was cooperative and peaceful while in custody. Other witnesses, however, described him as having become short-tempered and dependent on alcohol in recent months. At the time of the offense, he had received at least three recent traffic citations and had also been notified by his probation officer that a motion to revoke his probation was being filed.

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