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DALLAS (AP) Prosecutors seeking the death penalty for the
leader of a gang of escaped convicts told jurors Wednesday that 17
previous life sentences couldn't keep him behind bars.
George Rivas was found guilty of capital murder Tuesday in the
Christmas Eve slaying of Officer Aubrey Hawkins, who was shot and
run over with a car during the robbery of a sporting goods store in
Irving, Texas. Rivas faces the death penalty or life in prison.
Jurors heard for the first time Wedne5/8
7/8 about the gang's
meticulously planned Dec. 13 breakout from the Connally Unit in
Kenedy, where they stole a pickup and 16 guns, and left a note
threatening, "You haven't heard the last of us yet."
A maintenance supervisor at the Connally Unit testified that
Rivas was a good worker in the prison.
"He was a hardworking individual who took time to do his job
carefully," said Patrick Moczygemba. "I never had no problems."
Defense attorneys have indicated that Rivas, 31, may take the
stand, which would mean that prosecutors will be able to question
him about his past criminal history. He was given 17 life sentences
for armed robbery and kidnapping before he and the others escaped.
Bill Lane, a Fort Worth criminal attorney not involved in the
case, said Rivas has nothing to lose by testifying.
"If you have no defense, if you can humanize him a little bit
with one juror, that will get him a life sentence," he said.
Prosecutors presented evidence for five days last week,
including a confession in which Rivas asked for forgiveness and
said he deserves to die for shooting Hawkins. Jurors also heard
testimony from robbery victims, forensic experts and the officer's
widow.
"The last thing Aubrey Hawkins saw was this man bearing down on
him with all his fury. Without mercy," Dallas County prosecutor
Toby Shook said during closing statements.
The escapees led authorities on a six-week manhunt. After the
robbery, in which authorities said the gang took $70,000 and a
cache of weapons, the men lived for about a month in a trailer park
in Colorado. They were captured after a neighbor recognized them
from broadcasts of TV's "America's Most Wanted." One of the
fugitives killed himself.
Rivas' attorneys argued that he never intended to kill Hawkins,
only disarm him by shooting him in the shoulders. He said the
others joined in the gunfire.
"These guys were just in a panic," said attorney Karo Johnson.
The prosecution was not required to prove that bullets fired by
Rivas actually killed Hawkins. Under the "law of parties," Rivas
is liable for the alleged conduct of the other escapees if he
promoted or assisted them during the crime.
Lori Hawkins, the officer's widow, said she was "ecstatic"
about the verdict and would testify during the sentencing phase,
after which she said she hopes to hear the words "death by lethal
injection."
Rivas was the first of the prison escapees to be tried for
Hawkins' murder.
Tom Melsheimer, a former federal prosecutor, said the Rivas case
is a difficult one to defend.
"With facts that are this horrible for the defendant, the best
strategy is probably prayer," Melsheimer said. "If you are going
to adopt any strategy at all, you have to persuade the jury that he
is worthy of some slight element of mercy."
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