Dallas DA outraged over release of man who helped Texas 7 escape
02/01/2008
The Dallas County district attorney condemned on Thursday a judge's
decision to release from prison the man who provided the getaway car to
the "Texas 7," convicts who escaped from state prison in 2000 and
killed a police officer while on the lam.
"It's a disgrace for us in Dallas County and throughout the
state of Texas," said District Attorney Craig Watkins, who learned last
week that the man served only five months in prison. "To say that we
are shocked and appalled at the release of Raul Rodriguez would be a
gross understatement."
Rodriguez, the father of one of the escaped inmates, was released July 26 on what's known as shock probation, Watkins said.
Rodriguez pleaded guilty in 2003 to escape and providing
implements of escape for providing the getaway car used by the Texas 7
inmates. He arranged for the purchase of a Chevrolet Suburban and had
it parked a day before the escape in a Wal-Mart parking lot in Kenedy
near the prison.
A jury sentenced Rodriguez to 10 years in prison and $20,000 in fines.
But because of a lengthy appeals process, Rodriguez remained
free until February 2007. According to Watkins, the theory behind the
shock probation given to Rodriguez in July is that by subjecting a
defendant to prison time for a short period, the defendant will be
scared into leading a law-abiding life.
The widow of Irving police Officer Aubrey Hawkins is devastated
that Rodriguez is free, said Toby Shook, who prosecuted Hawkins'
killers.
"To find out that he only served five months before a judge put
him out on probation just made her sick to her stomach," Shook said.
"I'm outraged at this process. The fact that Raul Rodriguez is walking
around a free man is just highly offensive to the memory of Aubrey
Hawkins."
Rodriguez's attorney did not immediately return a phone message from The Associated Press.
Watkins and Shook contend the shock probation tactic was
inappropriate in Rodriguez's case because it was a jury, and not Judge
Ron Carr, that sentenced Rodriguez.
"When a jury assesses punishment, a judge can't go back and
change that sentence," Watkins said. "In this case, a judge changed the
sentence illegally."
Watkins also disagreed with special prosecutor Herb Hancock not objecting to a defense motion for shock probation.
"This is a case in which a police officer was murdered," Watkins
said. "You would think the prosecutor's office would have objected to
any motion filed by the defense for shock probation.
"I can't see any legitimate reason why Rodriguez's sentence was
reduced from 10 years to 5 months," Watkins continued. "I don't see any
legitimacy there and I don't think I am out of line by criticizing it."
The Karnes County district clerk's office said Carr was
unavailable for comment. Phone messages left at listings for Hancock
were not immediately returned.
Watkins said he learned of Rodriguez's release from an
appellate attorney in the Dallas County office who has monitored the
case.
The escape happened on Dec. 13, 2000, when the seven inmates
overpowered workers at the Connally Unit in South Texas. They took the
workers' clothes and 16 guns from the prison armory and fled in their
car, then switched to the SUV left by Rodriguez's father.
On Christmas Eve, while robbing a suburban Dallas sporting
goods store, they fatally shot Hawkins 11 times. They were caught a
month later in Colorado.
Six of the escapees received death sentences and the seventh
kill himself before he could be recaptured. Michael Rodriguez, Raul's
son, has dropped his appeals and said he wants to die. But his
execution date remains in limbo while the Supreme Court rules on a
Kentucky case challenging lethal injection as a means of capital
punishment.
