From the office of Governor Abbott:
Governor Greg Abbott today issued a proclamation commuting the death sentence of Thomas Bartlett Whitaker following a unanimous decision by the Texas Board of Pardons and Paroles. Thomas Bartlett Whitaker will now serve life in prison without the possibility of parole.
Governor Abbott released the following statement:
“As a former trial court judge, Texas Supreme Court Justice and Attorney General involved in prosecuting some of the most notorious criminals in Texas, I have the utmost regard for the role that juries and judges play in our legal system. The role of the Governor is not to second-guess the court process or re-evaluate the law and evidence. Instead, the Governor’s role under the Constitution is distinct from the judicial function. The Governor’s role is to consider recommendations by the Texas Board of Pardons and Paroles, and view matters through a lens broader than the facts and law applied to a single case. That is particularly important in death penalty cases.
“In just over three years as Governor, I have allowed 30 executions. I have not granted a commutation of a death sentence until now, for reasons I here explain.
“The murders of Mr. Whitaker’s mother and brother are reprehensible. The crime deserves severe punishment for the criminals who killed them. The recommendation of the Texas Board of Pardons and Paroles, and my action on it, ensures Mr. Whitaker will never be released from prison.
“The decision of the Texas Board of Pardons and Paroles is supported by the totality of circumstances in this case. The person who fired the gun that killed the victims did not receive the death penalty, but Mr. Whitaker, who did not fire the gun, did get the death penalty. That factor alone may not warrant commutation for someone like Mr. Whitaker who recruited others to commit murder. Additional factors make the decision more complex.
“Mr. Whitaker’s father, who survived the attempt on his life, passionately opposes the execution of his son. Mr. Whitaker’s father insists that he would be victimized again if the state put to death his last remaining immediate family member. Also, Mr. Whitaker voluntarily and forever waived any and all claims to parole in exchange for a commutation of his sentence from death to life without the possibility of parole. Moreover, the Texas Board of Pardons and Paroles unanimously voted for commutation. The totality of these factors warrants a commutation of Mr. Whitaker’s death sentence to life in prison without the possibility of parole. Mr. Whitaker must spend the remainder of his life behind bars as punishment for this heinous crime.”
From The Associated Press:
HUNTSVILLE, Texas (AP) _ The Latest on the scheduled execution of a Texas inmate (all times local):
6 p.m.
A convicted killer spared from execution by Texas’ governor says he’s “thankful” because of what it means for his dad.
Texas Gov. Greg Abbott on Thursday accepted the state parole board’s recommendation and spared the life of Thomas “Bart” Whitaker. The move by Abbott came shortly before the 38-year-old Whitaker was set for execution for masterminding a murder plot that took the lives of his mother and younger brother at the family home in suburban Houston in 2003.
His father also was wounded in the shootings but has long has favored clemency for his son, saying he’s forgiven him.
Whitaker said in a statement to prison officials: “I’m thankful not for me but for my dad.” He went on to say, “Any punishment that I would have or will receive is just, but my dad did nothing wrong.”
It’s the first time in more than a decade that a Texas governor has halted an imminent execution. Whitaker will instead serve life in prison.
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5:25 p.m.
Texas Gov. Greg Abbott has accepted the state parole board’s recommendation and is sparing the life of convicted killer Thomas “Bart” Whitaker.
The 38-year-old Whitaker was set for execution Thursday evening for masterminding a murder plot that took the lives of his mother and younger brother at the family home in suburban Houston in 2003. His father also was wounded in the shootings, long has favored clemency for his son, saying he’s forgiven him.
The seven-member parole board Tuesday unanimously recommended Whitaker’s death sentence be reduced.
Prosecutors who convinced a jury to send him to death row said the parole board’s decision was wrong and negated the jurors’ verdict.
It’s the first time in more than a decade that a Texas governor has halted an imminent execution.
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4:15 p.m.
Texas prison officials describe condemned inmate Thomas “Bart” Whitaker as nearly stoic after his move from death row to a holding cell steps from the death chamber.
Whitaker faces lethal injection Thursday evening. He was taken at midday about 45 miles (70 kilometers) from the prison that houses the state’s male death row to the Huntsville Unit, where executions take place.
Asked if he planned to make a final statement if the execution is carried out, he told officials he would but had no plans to “do anything self-aggrandizing.”
Whitaker is scheduled to die for masterminding the fatal shootings of his mother and brother at their suburban Houston home in 2003 in a plot to collect inheritance.
He spent the morning meeting with relatives, including his father, who has pushed to have his son’s life spared even though he was wounded in the shootings.
The Texas parole board has recommended the governor commute Whitaker’s death sentence.