Texas Attorney General

Media Advisory: Roderick Newton scheduled for execution

Thursday, July 16, 2009

AUSTIN – Texas Attorney General Greg Abbott offers the following information about Roderick D. Newton, Jr. who is scheduled to be executed after 6 p.m. on Thursday, July 23, 2009.

In 2000, Newton was convicted and sentenced to death for the murder and robbery of Jesus Montoya. A summary of the evidence presented at trial follows.

On March 8, 1999, Roderick Newton and Julian Williams went to a car wash in Pleasant Grove in Dallas looking for someone to rob. Newton, who was armed, started a conversation with Jesus Montoya who was washing his truck. After a few minutes, Newton, Williams and Montoya left the car wash and drove to a bank, where Newton forced Montoya to withdraw $200 from an ATM.

Newton next drove Montoya’s truck to a vacant field, where he told Montoya to take off his shoes, forced him out of the truck, took his gold chain and cross, and shot Montoya several times. Newton left Montoya in the field and drove his truck back to the car wash, where he and Williams got back into Newton’s car and drove away.

The next afternoon, Newton pawned Montoya’s gold chain and cross.

On March 9, 1999, a neighbor noticed that Montoya’s truck was still at the car wash. After discovering Williams’s fingerprint on glass in the passenger’s side of Montoya’s truck, Mesquite police arrested Williams who gave a statement implicating Newton in Montoya’s murder. Mesquite police then attempted to arrest Newton, who led them on a high speed car chase before finally being arrested. In processing Newton’s car, Mesquite police discovered a .35 caliber gun and two Texas ID cards in the vehicle’s glove box.

• Mar. 8, 1999 — A Dallas County grand jury indicted Newton for the capital murder of Jesus Montoya.

• Feb. 25, 2000 — Judgment was entered after a jury found Newton guilty of capital murder as alleged in the indictment.

• Mar. 1, 2000 — The jury answered the punishment special issues affirmatively. The court assessed a sentence of death.

• Jan. 31, 2001 — Newton filed a direct appeal with the Texas Court of Criminal Appeals.

• Dec. 10, 2001 — Newton filed for state habeas relief in the Texas Court of Criminal Appeals.

• June 12, 2002 — Newton’s conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals.

• Jan. 15, 2003 — The Texas Court of Criminal Appeals denied Newton’s application for state habeas relief.

• Jan. 14, 2004 — Newton filed his petition for writ of habeas corpus in a U.S. district court.

• Mar. 28, 2007 — The federal district court denied Newton’s federal habeas petition.

• Apr. 15, 2007 — Newton filed a motion for a certificate of appealability (“COA”) with the U.S. district court.

• Apr. 25, 2007 — The federal district court denied Newton’s COA motion.

• Nov. 27, 2007 — Newton requested a COA in the Fifth Circuit Court of Appeals.

• Mar. 13, 2008 — Newton’s request for COA was denied by the Fifth Circuit Court.

• July 28, 2008 — Newton filed a petition for a writ of certiorari with the U.S. Supreme Court.

• Oct. 6, 2008 — Newton’s petition for writ of certiorari was denied by the U.S. Supreme Court.

• Mar. 24, 2009 — The trial court judge signed a death warrant, ordering Newton be executed after 6 p.m. on Thursday, July 23, 2009.

In May, 1993, Newton threatened to kill two officers after he was arrested for making terroristic threats to an elderly person.

One of Newton’s neighbors testified that in October 1993, someone stole several items from her car. While Newton was never arrested for this crime, the neighbor testified that she later recovered the items from Newton’s home.

In November 1993, when one of Newton’s teachers confronted him for sleeping in class, Newton attacked him, forcing the teacher to physically remove Newton from the classroom and call police. Newton later telephoned the teacher and threatened to “eliminate” him.

In 1994, Newton was stopped for suspicious behavior, but ran from the police. When finally caught, he falsely identified himself.

In November 1996, an officer saw Newton and another person working under the hood of a car. As the officer approached them, they immediately started walking away from the car. When the officer attempted to speak with Newton, he again ran from the police. Newton was eventually convicted of evading arrest for this incident.

In October 1997, when stopped for traffic violations, Newton identified himself by another name, but stated he did not have any form of identification. Newton was later convicted of failing to identify himself as a fugitive from justice.

In November 1997, Newton was convicted and given a probated sentence for unlawfully carrying a weapon and theft of services. His probation was later revoked because Newton failed to comply with its terms.

In December 1997, Newton led police on a high-speed chase in a stolen vehicle. Newton eventually ran from the car, but was later arrested. Newton was convicted of evading arrest and possession of marijuana.

In February 1998, Newton robbed two women. In relation to this incident, Newton was found guilty of two counts of theft of property from a person, and sentenced to five years probation.

Newton’s probation officer testified that Newton did not attend his first probation meeting because eight days after being placed on probation, he was arrested again for a burglary of a vehicle. Newton later lied to the officer about his place of residence. At his second meeting with his probation officer, Newton tested positive for marijuana. Newton failed to make any more of his required probation meetings, and his probation was consequently revoked.

Newton also caused problems while he was being held in the Dallas County Jail for the capital murder of Jesus Montoya. Specifically, Newton assaulted and threatened an officer.

Stay of execution granted for man convicted in '99 Pleasant Grove murder

By Jennifer Emily - The Dallas Morning News

Thursday, July 23, 2009