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Champagne waited at the restaurant in his mother’s [[Toyota Camry|Camry]] for the Whitaker family to leave. and followed them back to the family home. Kevin drove Patricia's TrailBlazer back from the restaurant with Patricia in the passenger seat and Kent and Thomas in the back. Kevin parked the TrailBlazer in the family driveway and Champagne then drove his mother’s Camry around the block and waited in his car by the house directly behind the Whitaker family home. The Whitakers left their TrailBlazer and Kevin rushed to the front door, as he liked to be the first one to open it. Thomas told his father that he needed to collect his mobile phone from his parked Yukon and that he would catch up with his family in a minute. Thomas knew that Brashear was armed and waiting inside to kill his family.
Champagne waited at the restaurant in his mother’s [[Toyota Camry|Camry]] for the Whitaker family to leave. and followed them back to the family home. Kevin drove Patricia's TrailBlazer back from the restaurant with Patricia in the passenger seat and Kent and Thomas in the back. Kevin parked the TrailBlazer in the family driveway and Champagne then drove his mother’s Camry around the block and waited in his car by the house directly behind the Whitaker family home. The Whitakers left their TrailBlazer and Kevin rushed to the front door, as he liked to be the first one to open it. Thomas told his father that he needed to collect his mobile phone from his parked Yukon and that he would catch up with his family in a minute. Thomas knew that Brashear was armed and waiting inside to kill his family.


Kevin entered the family home first and reportedly smiled when he saw the masked Brashear. Brashear shot Kevin once through his chest and fell to the floor. Patricia screamed “oh God, no” and ran inside of the home, where she was also shot in the chest and fell to the floor. Patricia called out for help and Kent rushed in, and was shot non fatally in the shoulder with the bullet shattering his [[humerus]], and also fell onto the front porch on his back.<ref name="auto"/> Thomas then ran inside and Brashear staged a struggle with Thomas, letting Brashear shoot him in his left arm and also shattering his bone, to divert suspicion.
Kevin entered the family home first and reportedly smiled when he saw the masked Brashear. Brashear shot Kevin once through his chest and he fell to the floor. Patricia screamed “oh God, no” and ran inside of the home, where she was also shot in the chest and fell to the floor. Patricia called out for help and Kent rushed in, and was shot non fatally in the shoulder with the bullet shattering his [[humerus]], and also fell onto the front porch on his back.<ref name="auto"/> Thomas then ran inside and Brashear staged a struggle with Thomas, letting Brashear shoot him in his left arm and also shattering his bone, to divert suspicion.


Brashear then exited through the Whitakers’ back door and jumped the fence into the rear neighbours yard, where Champagne collected him and they drove away. Kevin died within minutes of being shot. Patricia died shortly after being airlifted by [[Memorial Hermann Life Flight|Life Flight]] service on the way to [[Memorial Hermann–Texas Medical Center|Memorial Hermann Hospital]]. Thomas told first responders that he thought the gunman was black, in order to further divert suspicion away from himself. Kent survived the murder attempt and was airlifted to the hospital in a second helicopter, where Kent and Thomas were treated for their wounds.<ref name="auto"/>
Brashear then exited through the Whitakers’ back door and jumped the fence into the rear neighbours yard, where Champagne collected him and they drove away. Kevin died within minutes of being shot. Patricia died shortly after being airlifted by [[Memorial Hermann Life Flight|Life Flight]] service on the way to [[Memorial Hermann–Texas Medical Center|Memorial Hermann Hospital]]. Thomas told first responders that he thought the gunman was black, in order to further divert suspicion away from himself. Kent survived the murder attempt and was airlifted to the hospital in a second helicopter, where Kent and Thomas were treated for their wounds.<ref name="auto"/>

Revision as of 09:21, 3 February 2018

Thomas Bartlett Whitaker
Born (1979-12-31) December 31, 1979 (age 44)
Houston, Texas
Other namesBart Whitaker
Criminal chargeCapital murder
PenaltyDeath
Details
VictimsKevin Whitaker (19)
Patricia Whitaker (56)
DateDecember 10, 2003

Thomas Bartlett Whitaker (born December 31, 1979), previously known as Bart Whitaker, is a Texas death row inmate at the Polunsky Unit near Livingston.[1] He is scheduled to die by lethal injection at the Huntsville death chamber on February 22, 2018 as a result of his conviction for the December 10, 2003 murders of his mother and brother by hitman Chris Brashear.[2] Whitaker had employed him and another accomplice Steven Champagne, the getaway driver, to carry out the murders. Whitaker's father, Kent, was shot but survived. Whitaker fled to Mexico in 2004 following a tip-off[citation needed] that he would shortly be arrested for the murders. He lived there for over a year under a false name of Rudy Ríos. On September 15, 2005, a capital murder warrant was issued against Whitaker. Cooperating with US authorities, Mexican authorities arrested Whitaker without incident under immigration charges. In September 2005 Whitaker was handed over to US authorities at the border town of Laredo, Texas, where he was arrested for capital murder.[3][4]

Early life

Whitaker attended Clements High School, where he met and befriended Adam Hipp whom Whitaker tried to talk into helping murder his family. Due to their family wealth, Whitaker and Hipp considered themselves to be in the elite social circle of the already wealthy school.[5] A 2009 psychological evaluation of Whitaker noted that after high school he was given "more of the unearned trappings of wealth" whilst his thoughts became even more disorganised.[6] Before the 2003 murders, Whitaker’s parents had bought him cars (a Ford Explorer, a Ford Contour, and a Chevrolet Yukon). His parents also paid for his tuition at Baylor University and Sam Houston University, his lakeside townhome in Willis, Texas, his extensive and expensive wardrobe, and a $4,000 Rolex watch given to him as a graduation present hours before the murders.[7] Whitaker also had an $80,000 trust fund which at the time of the murders he could access, although he testified in court that he didn't know he could access it.[8]

Murders

On December 10, 2003, Whitaker told his family that he had just taken his final exams and would soon be graduating from Sam Houston University. In reality Whitaker had not been enrolled in college for a number of years and the credits he did complete only qualified him as a freshman. Patricia drove the Whitaker family in her TrailBlazer three miles to the nearby Pappadeaux restaurant in Stafford for a celebratory dinner. Meanwhile Brashear, dressed all in black including a black ski mask, had entered the Whitaker family home, taken Kevin’s gun and ammunition from a locked box in his room, staged a burglary, and then waited by the front for the Whitaker family to return home from the restaurant.[9]

Champagne waited at the restaurant in his mother’s Camry for the Whitaker family to leave. and followed them back to the family home. Kevin drove Patricia's TrailBlazer back from the restaurant with Patricia in the passenger seat and Kent and Thomas in the back. Kevin parked the TrailBlazer in the family driveway and Champagne then drove his mother’s Camry around the block and waited in his car by the house directly behind the Whitaker family home. The Whitakers left their TrailBlazer and Kevin rushed to the front door, as he liked to be the first one to open it. Thomas told his father that he needed to collect his mobile phone from his parked Yukon and that he would catch up with his family in a minute. Thomas knew that Brashear was armed and waiting inside to kill his family.

Kevin entered the family home first and reportedly smiled when he saw the masked Brashear. Brashear shot Kevin once through his chest and he fell to the floor. Patricia screamed “oh God, no” and ran inside of the home, where she was also shot in the chest and fell to the floor. Patricia called out for help and Kent rushed in, and was shot non fatally in the shoulder with the bullet shattering his humerus, and also fell onto the front porch on his back.[9] Thomas then ran inside and Brashear staged a struggle with Thomas, letting Brashear shoot him in his left arm and also shattering his bone, to divert suspicion.

Brashear then exited through the Whitakers’ back door and jumped the fence into the rear neighbours yard, where Champagne collected him and they drove away. Kevin died within minutes of being shot. Patricia died shortly after being airlifted by Life Flight service on the way to Memorial Hermann Hospital. Thomas told first responders that he thought the gunman was black, in order to further divert suspicion away from himself. Kent survived the murder attempt and was airlifted to the hospital in a second helicopter, where Kent and Thomas were treated for their wounds.[9]

Conviction

At his trial in March 2007, prosecutors alleged that although it wasn't Whitaker who pulled the trigger, he was responsible for the murders because he played the leading part in the conspiracy to commit murder.[10] Whitaker was refused a plea bargain by the District Attorney in return for his admission of guilt and was tried for capital murder. The prosecutors' chief witness, Steven Champagne, claimed that Whitaker had wanted his family dead so he could capitalize on a million-dollar life insurance payout. Whitaker denies this and says that the only life insurance policy the family had was for $50,000 on his father's life.[11] Whitaker claims that a mental disorder, exacerbated by drug abuse, caused him to want his family eliminated.[6]

Kent Whitaker had already forgiven his son for his part in the murders and had tried to persuade the jury not to deliver a death sentence.[12] However, the jury decided to convict Whitaker of capital murder under the Law of Parties (Texas).[9] Chris Brashear received a life sentence in a plea bargain worked out with prosecutors.[13] Steven Champagne agreed to testify for the prosecution in return for a 15-year sentence.[2]

Whitaker appealed his death sentence on the grounds of the ineffectiveness of his trial counsel, prosecutorial misconduct, the arbitrariness of the death penalty punishment and the cruelty of the lethal injection, in violation of the eighth amendment to the U.S. constitution prohibiting cruel and unusual punishment.[14][15]

In April 2017, his appeal against prosecutorial misconduct was dismissed by the Court of Appeals for the 5th Circuit.[16]

On October 10, 2017, the U.S. Supreme Court refused to consider an appeal based on his claims that his trial lawyer was deficient and that Fort Bend County prosecutors engaged in misconduct by improperly referring to discussion of a plea deal that never was reached.[17] The justices provided no explanation for their refusal.[18] On November 1, 2017, his death warrant was signed, scheduling his execution for February 22, 2018.[19]

Whitaker states that his father, Kent, will be revictimized by his execution.[20] Kent Whitaker, the only surviving victim of the crime, wrote a book about the murders titled Murder by Family detailing his forgiveness for his son's actions.[9] Kent also wrote to the Texas Board of Pardons and Paroles asking for clemency for his son. [21] The Board has the right to recommend clemency to Governor Greg Abbott.[22]

Thomas Whitaker and other inmates initiated an unsuccessful class action suit against the conditions on Texas death row where inmates are kept in solitary confinement for 23 hours a day.[23][24]

He has contributed to Solitary Watch where he wrote about the effects of solitary confinement on himself and other death row inmates.[25] He also won prizes in PEN America's prison writing contests for “Hell’s Kitchen”,[26] "Manufacturing Anomie" [27] and the essay “A Nothing Would Do as Well".[28] In 2007, he founded an inmate blog, entitled Minutes Before Six which is maintained by volunteers.[29][30] Texas inmates are typically executed at 6pm in the Huntsville Unit. He also contributed to Hell Is a Very Small Place: Voices from Solitary Confinement.[31]

See also

References

  1. ^ "America's 10 Worst Prisons: Polunsky". Mother Jones. 2013-05-02. Retrieved 2017-04-25.
  2. ^ a b ERIC HANSON (2007-09-19). "Triggerman in Sugar Land slayings pleads guilty - Houston Chronicle". Chron.com. Retrieved 2017-04-25.
  3. ^ "'Sugar Land' Culprit Made New Life in Mexico - ABC News". Abcnews.go.com. 2009-04-29. Retrieved 2017-04-25.
  4. ^ SESHADRI KUMAR (2005-09-25). "Bart Whitaker arrested - Houston Chronicle". Chron.com. Retrieved 2018-01-28.
  5. ^ Mitchell, Corey (2010). "10". Savage son. New York: Pinnacle Books. ISBN 078602013X.
  6. ^ a b "THOMAS BARTLETT WHITAKER; CRIMINAL TRIAL CAUSE No. 42,969" (PDF). Minutesbeforesix.com. Retrieved 2017-04-25.
  7. ^ Mitchell, Corey (2010). "50". Savage son. New York: Pinnacle Books. ISBN 078602013X.
  8. ^ Mitchell, Corey (2010). "53". Savage son. New York: Pinnacle Books. ISBN 078602013X.
  9. ^ a b c d e "'Murder by Family': Read Shocking Excerpt - ABC News". Abcnews.go.com. 2009-04-27. Retrieved 2017-04-25.
  10. ^ "Bart Whitaker On The Stand". YouTube.com. Retrieved 2017-07-13. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  11. ^ "Minutes Before Six: Attempts at "Why?"". Minutesbeforesix.blogspot.co.uk. 2007-10-17. Retrieved 2017-04-25.
  12. ^ Kever, Jeannie (2007-10-19). "Father forgives son who had mom, brother killed - Houston Chronicle". Chron.com. Retrieved 2017-04-25.
  13. ^ ERIC HANSON (2007-11-19). "Driver in Sugar Land murder plot gets 15 years - Houston Chronicle". Chron.com. Retrieved 2017-04-25.
  14. ^ "Whitaker, Williams vs. Livingston" (PDF). Gpo.gov. Retrieved 2017-06-19.
  15. ^ "Whitaker vs. Stephens" (PDF). Gpo.gov. Retrieved 2017-04-25.
  16. ^ "THOMAS BARTLETT WHITAKER vs. LORIE DAVIS" (PDF). Ca5.uscourts.gov. Retrieved 2017-06-19.
  17. ^ "No. 17-5080 *** CAPITAL CASE ***". supremecourt.gov. Retrieved 2017-11-29.
  18. ^ Michael Graczyk (2017-10-10). "Man Condemned in Family Murder Plot Loses High Court Appeal". usnews.com. Retrieved 2017-10-24.
  19. ^ "Judge sets execution date for Sugar Land man who had family killed for $1 million inheritance". Houston Chronicle. Retrieved 2017-12-29.
  20. ^ "Bart Whitaker talks about eventual execution". Click2houston.com. 2012-08-01. Retrieved 2017-04-25.
  21. ^ "Friday letters: A father's plea: Spare my son". Houston Chronicle. Retrieved 2018-01-21.
  22. ^ "Request for Commutation of Death Sentence to a Lesser Penalty" (PDF). documentcloud.org. Retrieved 2018-01-21.
  23. ^ "KPRC-TV Death Row interview with Thomas Bart Whitaker on Vimeo". Vimeo.com. 2012-11-23. Retrieved 2017-04-25.
  24. ^ "THOMAS WHITAKER AND CHRISTOPHER WILKINS, ET AL vs. OLIVER J. BELL, MEMBERS OF THE TX. BRD. OF CRIMINAL JUSTICE, JOHN WHITMIRE, DAVID J. CALLENDER, M.D., GOVERNOR RICK PERRY, ET AL" (PDF). Minutesbeforesix.com. Retrieved 2017-04-25.
  25. ^ By Voices from Solitary July 27, 2016 (2016-07-27). "Voices From Solitary: The War of All Against All". Solitary Watch. Retrieved 2017-04-25.{{cite web}}: CS1 maint: numeric names: authors list (link)
  26. ^ Bartlett, Thomas (2011-05-05). "Hell's Kitchen - PEN America". Pen.org. Retrieved 2017-04-25.
  27. ^ Bartlett, Thomas (2014-07-07). "Manufacturing Anomie - PEN America". Pen.org. Retrieved 2017-04-25.
  28. ^ Bartlett, Thomas (2014-07-07). "A Nothing Would Do As Well - PEN America". Pen.org. Retrieved 2017-04-25.
  29. ^ "Blogging From Death Row: Inmates Get Help From Victims - ABC News". Abcnews.go.com. 2011-09-13. Retrieved 2017-04-25.
  30. ^ "Minutes Before Six: Thomas Bartlett Whitaker (TX)". Minutesbeforesix.blogspot.com. 1999-04-24. Retrieved 2017-04-25.
  31. ^ Casella, Jean; Ridgeway, James; Shourd, Sarah, eds. (2 February 2016). "Hell Is a Very Small Place: Voices from Solitary Confinement". The New Press – via Amazon.
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