NCADP - The National Coalition to Abolish the Death Penalty

Jesus Aguilar, TX - May 24

Do Not Execute Jesus Aguilar!

Jesus Aguilar

May 24, 2006

Texas

The state of Texas is scheduled to execute Jesus Aguilar, a latino man, on May 24, 2006 for the capital murder of Leonardo Chavez and his wife, Annette Chavez in the Palm Vista Estates of Harlingen. The Chavez’s had been house-sitting for a friend of Aguilar’s, Rick Esparza, who worked with Aguilar in the sale of marijuana. Tension between the two men arose when Esparza began dealing without Aguilar. On June 9, 1995 Aguilar, along with his nephew, David Quiroz, entered the trailer and shot Leonardo and Annette. During the shooting, one of the couple’s sons was asleep in another room, while the other hid beneath a kitchen table.

Aguilar’s conviction for capital murder, as opposed to a lesser, non-capital murder, is contingent upon the fact that he allegedly committed two murders during the same transaction. Moreover, in capital cases it is constitutionally required that the jury be instructed of a lesser included offense charge “…when the evidence unquestionably establishes that the defendant is guilty of a serious violent offense—but leaves some doubt with respect to an element that would justify conviction of a capital offense….” However, the judge that presided over Aguilar’s trial refused his request that the jury be made aware of this constitutional requirement, thereby violating Aguilar’s Fourteenth Amendment right to due process of law. The U.S. Fifth Circuit Court of Appeals denied Aguilar’s claim with respect to this issue notwithstanding the testimony of the victims’ nine-year-old son, who witnessed the crime, which states that Aguilar shot his father, while Esparza shot his mother.

While the there is little question as to whether or not Aguilar participated in the murder of Annette, there is some doubt that Aguilar can be held culpable for Leonardo’s death. If Quiroz acted alone, without encouragement or participation of Aguilar, then Aguilar should not have been sentenced to death. Aguilar’s death sentence is dubious at best. For this and other reasons, we should not execute Jesus Ledusma Aguilar.

Please write to Gov. Rick Perry on behalf of Jesus Aguilar!

September 02, 2010

Subject:

I wish to appeal to you on behalf of Jesus Aguilar, who is due to be executed on May 24, 2006. My sympathies go out to the family and loved ones of Leonardo and Annette Chavez. While I agree this was a very tragic event that cannot go unpunished, the death penalty—which is employed disproportionately against the poor and people of color—is not the right punishment for Aguilar. Aguilar’s conviction for capital murder, as opposed to a lesser, non-capital murder, is contingent upon the fact that he allegedly committed two murders during the same transaction. Moreover, in capital cases it is constitutionally required that the jury be instructed of a lesser included offense charge “…when the evidence unquestionably establishes that the defendant is guilty of a serious violent offense—but leaves some doubt with respect to an element that would justify conviction of a capital offense….” However, the judge that presided over Aguilar’s trial refused his request that the jury be made aware of this constitutional requirement, thereby violating Aguilar’s Fourteenth Amendment right to due process of law. The U.S. Fifth Circuit Court of Appeals denied Aguilar’s claim with respect to this issue notwithstanding the testimony of the victims’ nine-year-old son, who witnessed the crime, which states that Aguilar shot his father, while Esparza shot his mother. Executing Aguilar would violate the right to life as proclaimed in the Universal Declaration of Human Rights and constitute the ultimate cruel, inhuman, and degrading punishment. Please find it in your heart to spare the life of this human being. Thank you for your time and consideration in this important and urgent matter.
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