Richard Wayne Jones (Texas) Case Shart   Case Summary

 

DEFENDANT’S INFORMATION

Defendant’s Name

Richard Wayne Jones

Date of Birth

April 9, 1960

Defendant’s Race

White

Criminal History

Runaway as a juvenile; burglary and theft: served 2 yr. 4 mo; paroled in 1981; 1983 aggravated robbery; paroled in 1985

Execution’ Date

August 22, 2000

TDCJ Number

Age at the time of crime

26

Age at the time of execution

40

THE CRIME

Date of Crime

Feb. 19, 1986

County

Tarrant

Victim(s)

Tammy Livingston

Race of Victim(s)

White

Relationship to Defendant

None

Offense Alleged

Capital murder

Factual summary of allegations

Victim abducted, stabbed 19 times, body nude but no sexual assault, field set on fire, body burned; robbed: credit cards, checks, car

THE TRIAL

County where tried

Tarrant

Trial Judge

CC "Kit" Cook

Prosecutor(s)

Sharon Wilson, Scott Wise, Brent Carr

Defense Attorney(s)

Jack Strickland, Bill Lane

Plea

Not guilty

Racial Makeup of Jury

 

Convicted of (statute)

Capital murder

Confession?

Coerced: confessed after he and his pregnant girlfriend were threatened with the death penalty

Accomplice(s)

Walt Sellers and Brenda Jones Ashmore (Richard’s sister)

Eyewitness(es)

Ruthie Amato and 2 teenage daughters; Robert Speights (heard screams from crime scene)

Scientific Evidence

A lot of blood around body indicating she was killed in field; a few spots of blood on leg of jeans of Jones; Jones’ fingerprint in car; fingerprints and hair samples at crime scene—never tested

Jail House Snitch?

On Sellers: several witnesses said he confessed, some from jail

Defendant Testimony?

Yes; shackled in court

Exculpatory Evidence Offered?

No, but Jones kept silent to protect sister. He knew Walt Sellers did the murder and eventually stated this

Additional Punishment evidence by State

 

Mitigating Evidence by Defense

No psychiatric investigation

Indication of cognitive dysfunction

ADHD-hyperactive

Abusive family-drinking, beatings

Started running away at 8

Mostly raised in state schools

Two suicide attempts

Last state school closed for brutality shortly after he left

Mental Retardation, Mental Illness, and/or neurological damage?

Borderline retardation: IQ of 75, 3rd grade level

Sentencing Date

July 24, 1987

DIRECT APPEAL COURT OF CRIMINAL APPEALS

States appellate attorney

 

Defendant’s appellate attorney

 

Date appellate brief filed

 

Grounds Raised

Date of opinion

April 29, 1992

Opinion citation

Affirmed conviction: Jones v State 843 S.W. 2nd 487

Cert to S. Ct?

STATE WRIT OF HABEAS CORPUS

Writ Attorney

1st: Strickland, Butcher, Lamoreaux; 2nd: William Harris (Ft. Worth) and Rob Owen (Austin)

Appointed, retained or volunteer?

Appointed

Grounds Alleged

Coerced confession, physical evidence doesn’t support conviction, real killer known, need for DNA testing

Cert to S.Ct.?

February 2, 1993; denied April 19, 1993

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