No evidence, no
problem: murder convictions in Texas come as easy as 1,2,3
by Jason Renard Walker
Not guilty verdicts in
murder trials are a rarity in Texas, and most likely throughout the
nation. The judge, prosecutor, and jurors often fail to act in
accordance with the law, leading to wrongful convictions and
innocents spending their life in prison or dying through lethal
injection.
Cases I've been able to
read over and research are normally riddled with technicalities and
mistakes that “shock the conscience” of the layman. But the
courts aren't moved by such injustice, and have such a lengthy chain
of appeals processes that innocent people spend decades in prison
after their innocence has been proven. And those behind these
wrongful convictions are rarely held accountable. Monetary
compensation is handed out, the victim's story makes headlines, but
outside of an apology by a judicial representative, the years of
mental and psychological torture can't ever be overturned.
A previous case I
published on wrongful convictions was the story of prisoner Timothy
A. Dawson, who was framed by the Dallas County's District Attorney's
office for the December 4th, 1993 murder of a Black man.
Despite prosecutor Jason January hiding three key witnesses, Monique
Kyles, Latrecia White, and Gregory Paul, who all later wrote
affidavits testifying that Dawson wasn't the shooter, he's spent over
24 years in prison, and is currently housed at the Michael Unit
Maximum Security Prison in Tennessee Colony, Texas.
These witnesses were
kept secret from Dawson's lawyer because “I told [January] I didn't
see a light-complexion guy”, White explained in a sworn affidavit
on June 29, 1994. “I told Mr. January that the man that was on
trial was not one of the men that I saw shooting at the deceased...
the two men shooting were very dark complexion. I was never called to
the witness stand to testify”, Kyles swore in her affidavit on June
16, 1994.
Even an investigator
for the Dallas Country public defender's office, Leroy Griffen,
provided an affidavit, creating a huge breakthrough in the case:
“During Mr. Dawson's trial, I overheard a black female, who was a
state witness, say to another state witness that she was going to get
up on the witness stand and lie about what she knew of the murder.
The black female who testified is the person who I overheard saying
that she was going to lie.”
A witness doing such an
onerous thing served January well as, out of opportunistic necessity,
this person was the only witness January used to convict Dawson;
boosting his reputation and appetite for a murder conviction any way he
could get one. Even when these facts were provided in a post trial
hearing, the Judge pretended that it wasnt compeling enough to issue a
well overdue retrial, even though the newly discovered evidence would
result in a different outcome. But just wait, the rabbit hole goes
deeper!
THE WHEELS OF INJUSTICE GO ROUND AND ROUND
On
the partially dark morning of July 25, 2015 in San Angelo, Texas a
Hispanic man was on his way to work when he spotted the body of 24 year
old, David Titus and his green bike laying in the middle of the street
in the 200 block of West 13th Street. Titus had been shot in the neck,
the bullet going straight through, and died as a result of the injuries.
Police
initially concluded that Titus had been chased on his bike, rammed by
the bumper of a vehicle, then shot in the neck as he laid in the street.
An individual who didn't see the shooting or the body gave police the
license plate number of a maroon Chevorlet suburban, that belonged to
the 47 yr old Stephano Miguel Culbreath, that passed their house around
the time of the shooting.
After locating Culbreath and
the vehicle, street crime investigator, Chris Chappa said they noticed
hand prints and damage to the front bumper of the suburban. A pinkish
paint transfer was on the bumper as well. This invalid evidence was used
to support pressing murder charges on Culbreath. Initially Culbreath
was arrested and sent to the Tom Green County Jail on drug possession
charges. But Culbreath surmise that police trumped up his charge to hold
him until they could charge him with murder, which is in violation of
law and order.
Once they found damage to the front bumper
of his suburban "They never looked back" said Jessica C. Skinner,
Culbreath's attorney. The hand print didn't belong to Titus, the paint
transfer wasn't from the bike, and no damage or evidence showed that
he'd been hit by a car while riding. As the evidence changed so did the
DA's theories.
Police now claimed that Titus was shot
from behind, fell forward, then somehow turned flat on his back in a
spread eagle position with a necklace under his neck. 51st District
Attorney Allison Palmer argued that Since Titus's body was found on a
deserted street, this meant that the only person who could have killed
Titus was Culbreath. "We know David owed money and feared for his life"
Palmer said. Who also claimed that Culbreath had gone on a man hunt
looking for Titus, despite providing no credible evidence to support her
claim.
"They're trying to tack on evidence to support
what they beleive... Don't create a theory and try to match evidence
with it" Skinner reported to the San Angelo Standard Times. Skinner
pointed out how investigations never attempted to properly investigate,
question witness and examine evidence.
Titus's body
wasn't tested for finger prints or evidence; no witness came forward
fingering Culbreath as the shooter; no bullets were found; no DNA
belonging to Culbreath was discovered; and nothing linking him to the
crime was shown. Not even the murder weapon; but as the wheels of
Injustce turned, Culbreath was found guilty and sentenced to 30 years.
Evidence
that may have illuminated the truth was edited, distorted and cherry
picked- namely the police cruisers dash cam footage. 119th District
Judge, Ben Woodward privately watched this footage that showed Officer
Marcus Rodriguez checking Titus for signs of life as he lay in a pool of
blood. For unknown reasons defense attorneys objected to allowing the
Jurors to view the dash cam video with the audio on. According to
culbreath, when the video was played during his trial the audio had been
distorted and most of it was incomprehenshible. But why?
CULBREATH DESERVES A NEW TRIAL
The
state's entire case was supported by two things: A woman name Loretta
Mathis and gun residue found on Culbreath's shorts and in his shorts
pocket. The state claim that the latter is where Culbreath kept the
murder weapon. "I was frisked four times by officers who wore gloves"
Culbreath explained. One of the four officers testified that he'd gone
to the firing range that week and had fired his weapon using the same
gloves he'd frisked Culbreath with.
However a forensic
scientist, Christopher Chaney, readily admitted that residue is not
proof that Culbreath was around or shot a firearm. Gun residue is highly
transferable and can remain on clothes after washing them. A mere four
particles of gun residue was found, not nearly enough to have come from a
discharged firearm.
A state witness name Codi Mosley
testified that she was friends with the victim and knew the defendent.
She provided an alibi for Culbreath by admitting that she saw him at the
Stripes store on N. Bryant just before 5:00 am (the time police claim
Titus was killed) and that he'd went to her house on Brown St. soon
after.
Another witness, 53 yr od Barry Baity testified
that he was with Culbreath around 1:00 am or 2:00 am the day Titus died,
and had gone with Culbreath to Loretta Mathis house on the 100 block of
12th street, stayed for a short period of time and was taken back to
the original spot where Culbreath had picked him up. "He pulled up where
I was standing... I got in the car with him." Baity also mentioned that
Culbreath was acting normal the entire time they were together.
Mathis
claimed that she heard two gun shots at 5:00 am right after she saw a
hispanic male with a stripped shirt and shorts riding a bike north of
Irving street. Soon after, she said, Culbreath pulled up to her house
sweating. She lived a block and a half over and a block south of the
crime scene.
Mathis admitted to authorities that she'd
been drinking alcohol and smoking drugs the night of the shooting, as
well as had problems hearing voices others don't hear and gunshots all
the time. During her interview with investigators she gave several
versions of what she'd been doing that night.
Originally
she told an officer that she believed Titus was still alive and would
look for him, around 7:30 am. She claimed when she first heard the
shots, she tried to wake her boyfriend up without success. After further
probing she doubled back and claimed that around 5:00 am her boyfriend
woke up and went home. Even with these contradicting accounts the state
simply picked the version that would assist in gaining a conviction.
As
irrational as it sounds the state convinced Jurors that: Culbreath left
the Stripes; sped to 12th St and N. Irving; crashed into Titus; got out
of the Suburban; shot him in the neck; got back in; raced to 8th street
and N Irving; Picked up Baity; drove back towards the crime scene;
stopped at Mathis's house; then drove back to drop Baity off. This being
done without a working cell phone or knowledge of where Titus would be.
Investigators even failed to verify Mathis story by contacting her
boyfriend or twin sister that lived with her.
The state
failed to prove that Culbreath had any problems with Titus, knew him, or
that he owed Culbreath money. They didn't explain why no high velocity
blood splatters were on the ground; no cause of death; the fact that
Titus had blood flows going in all different directions on his body
showed that it had been moved after he was shot, wasn't explained. The
blood flows even went against gravity making it impossible for him to
have been shot and fallen to the ground.
A conviction
under these circumstances is devoid of logic or reason, a retrial and
nonguilty verdict is more appropriate. As the cliche goes, it's better
to free a guilty man than convict an innocent one.
THE DEFENSE DISCOVERS NEW EVIDENCE
Police
Informant Charles Mitchell provided false evidence that hinged the
states theory. Basically he stated that he'd been present when Titus had
social interactions and drug deals with Culbreath. Since this witness
simply popped up at short notice, skinner wasn't given the opportunity
to do her own thorough investigation on him.
A witness
for the defense, Jerry Huffman came forward and is willing to testify
that Culbreath didn't kill Titus. He also contests that there are over
twelve people that will state Culbreath hadn't sold Titus any drugs or
had ever had any social interactions with him.
This case
is currently under one of the many appeals that will probably take place
in order for Culbreath to be given a retrial or ultimately a
compensated exoneration. Judge Woodard and D.A. Palmer werent looking to
convict a murderer, but convict someone of murder. "I hope that this
trial will mark the end of a chapter. I hope everybody has a chance to
find peace... Lets go forward from this point on" was Woodards words to
the victims mother, who was seen leaving the court room, arm around
Culbreath's loved one. "I very much respect the Verdict of the Jury and
hope that with the conclusion of this trial, David Titus' loved ones can
find some measure of peace" Palmer said.
In fact, the
conclusion of this trial did end a chapter: The end of Culbreath's
freedom; only to start a new chapter: many years of fighting to be given
the chance to be heard by a competent Jury. How can a victim's loved
one find "some measure of peace" when they had to sit through a trial,
watching another family have their loved ones life taken from them?
At
this prison alone a book can be written about the many men who have
documents that show they are not criminals, but victims of an injust
system where convictions come as easy as 1, 2, 3. For my readership,
Culbreath has this to say during his search for help "it is my sincerest
hope that after someone has read about my story and situation that they
would become compelled to get involved and try to help or assist in
righting the wrong of this racial and legal injustice" (Stephano Miguel
Culbreath #2147732)
Jason Renard Walker #1532092
Telford Unit
3899 Hwy 98
New Boston, TX 77570
NOTES
4.) Defendant Motion For New Trial and Motion In Arrest of Judgment No, B- 15 - 0747 - SA
