Execution Report: Jose Santellan

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Santellan was charged with murdering Yolanda Garza while in the course of attempting to kidnap her. A jury found him guilty of capital murder in March 1995 and sentenced him to death. While awaiting trial, he attacked a jail deputy, then demanded a trial on the assault charge. He was tried, convicted, and received a life prison term. He was also convicted of two counts of assault after attacking two prison guards in October 1999.

In March 2000, a federal district judge overturned Santellan's capital murder conviction, ruling that state erred in depicting the circumstances of Garza's murder as attempted kidnapping, which was the only aggravating factor the state offered to justify the capital murder charge. The U.S. Fifth Circuit Court of Appeals overruled the district court in October 2001 and reinstated Santellan's conviction. All of his subsequent appeals were denied.

Santellan's appeals attorney also contended that the jury should have been informed of Santellan's brain damage and history of childhood abuse, but the courts never ruled favorably on that claim. Two days before his execution, The Texas Board of Pardons and Paroles voted 15-1 against commuting his sentence to life in prison.

While on death row, in addition to the assault convictions, Santellan threatened prison guards on numerous occasions with makeshift weapons such as a broken mop handle and shards of glass. He also threw urine on guards and set his cell on fire.

"I loved Yolanda a lot," Santellan said at his execution. Even though no one from Garza's family attended the execution, Santellan said, "I hope and pray they can forgive me. ... Even though they're not here, I hope they will read my words." After Santellan expressed love and thanks to his relatives, the lethal injection was administered. Jose Santellan was pronounced dead at 6:26 p.m.

By David Carson. Posted on 11 April 2002.
Sources: Texas Department of Criminal Justice, Texas Attorney General's office, Associated Press.