Anthony Bartee was sentenced to death by the State of Texas for a murder committed during a robbery
According to court documents Anthony Bartee was attempting to steal a friend’s Harley Davidson. When the friend (David Cook) attempted to stop him Anthony Bartee would stab him in the back and then fatally shot him
Anthony Bartee would be arrested, convicted and sentenced to death
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Anthony Bartee is incarcerated at the Polunsky Unit
Anthony Bartee Case
- Petitioner Attempts to Solicit Assistance
On August 15, 1996, petitioner (Anthony Bartee) telephoned his acquaintance Heidi Munoz and informed her he planned to “ace some white dude out.”1 Munoz interpreted this remark as indicating petitioner planned to rob and “get rid of the person in question, whom petitioner indicated was named “David.”2 When Ms. Munoz refused petitioner’s request to assist in this endeavor, petitioner asked for the phone number of Ms. Munoz’s ex-boyfriend, Joey Banks, and indicated he planned to seek Mr. Banks’ help.3 During the same telephone conversation, petitioner also unsuccessfully solicited the assistance of Ms. Munoz’s friends Nadine Berlanga and Stella Suarez.4
At some point during the summer of 1996, Anthony Bartee telephoned Joey Banks and requested Mr. Banks’ help in robbing and killing someone who lived in the same neighborhood where petitioner stayed and who, petitioner informed Mr. Banks, had “some gold cards and a motorcycle” petitioner wanted.5 When Mr. Banks indicated he would not help, petitioner told Joey Banks he would do it himself.6
- Petitioner’s Arrival at Heidi Munoz’s Apartment
Later on that same date, Anthony Bartee arrived at Ms. Munoz’s apartment riding a motorcycle which petitioner said he had acquired through a lawsuit.7 Petitioner gave Ms. Suarez a ride on his motorcycle but Ms. Munoz declined petitioner’s invitation for a ride.8 Although petitioner said he was carrying a gun, Ms. Munoz never saw one.9
- Petitioner’s Claims at the Bowling Alley
The following morning, on August 16, 1996, petitioner approached two employees of a bowling alley located near petitioner’s parents’ residence and informed them he owned the Harley Davidson motorcycle they had found parked behind the bowling alley.10
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- Petitioner’s Trip to Corpus Christi
Later that same date, petitioner drove the Harley motorcycle to Corpus Christi, Texas, where he met up with his acquaintance Macedonio Gonzalez.11 Petitioner informed Mr. Gonzalez that he had traded in two motorcycles to acquire the new Harley.12 Petitioner also informed Mr. Gonzalez petitioner had seen a friend of his shot in the head by two members of the “Ace of Spades” gang.13 Petitioner never informed Mr. Gonzalez that the motorcycle belonged to petitioner’s murdered friend.14 A few days later, petitioner returned to San Antonio but left the new Harley in Macedonio Gonzalez’s custody, telling Mr. Gonzalez he would return to pick it up.15 When petitioner did not return after several weeks, Mr. Gonzalez contacted local law enforcement authorities in Corpus Christi, who took custody of the Harley.16 A Corpus Christi homicide detective testified at petitioner’s trial that, on August 26, 1996, he took possession of a motorcycle from Macedonio Gonzalez which he identified as the same motorcycle reported stolen in connection with the murder of David Cook in San Antonio.17
- Discovery of the Decedent’s Body
On the morning of August 17, 1996, police and David Cook’s family members discovered the body of David Cook inside Mr. Cook’s locked residence in San Antonio, Texas.18 An autopsy revealed Mr. Cook had been fatally shot twice in the head and stabbed once in the shoulder.19 At the crime scene, police discovered: (1) a slug which fell from the face of David Cook as his body was rolled over by personnel from the medical examiner’s office,20 (2) a second
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slug which had passed through a wall, penetrated the rear of Mr. Cook’s refrigerator, and come to rest therein,21 and (3) a pair of spent shell casings and several live 9 mm rounds.22 A firearms expert testified at petitioner’s trial that the spent round, shell casings, and bullet fragment recovered from the crime scene were all consistent with 9 mm bullets that had been fired from the type of handgun Mr. Cook owned but which was missing from the crime scene following Mr. Cook’s murder.23 Both David Cook’s 9 mm pistol and Harley Davidson motorcycle were missing from his residence.24
- The Missing Harley
Several members of David Cook’s family described and identified a photograph of a red Harley Davidson motorcycle owned by David Cook which was missing from Mr. Cook’s residence following the discovery of David Cook’s body.25 Heidi Munoz identified a photograph of David Cook’s Harley Davidson motorcycle as similar to the one driven by petitioner when he visited Ms. Munoz’s apartment late on the night of August 15, 1996.26 Each of the two bowling alley employees who encountered petitioner the following morning identified the same photograph of Mr. Cook’s motorcycle as the one petitioner claimed as his own.27 A friend of petitioner’s who resided in Corpus Christi identified the same photograph of David Cook’s motorcycle as the one petitioner drove to Corpus Christi in August, 1996 and claimed as his own.28
- Petitioner’s First Statement to Police
On August 20, 1996, shortly after his return to San Antonio, petitioner gave San Antonio police a written statement in which he claimed to have no knowledge whatsoever of David Cook’s murder.29
- Petitioner’s Second Statement to Police
On August 30, 1996, while in custody on an unrelated charge, and after having been informed that police had recovered David Cook’s missing motorcycle, petitioner gave San Antonio Police a second written statement in which he claimed: (1) he had been present at David Cook’s home at the time of Mr. Cook’s fatal shooting, (2) he had witnessed two local gang members he
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knew only as “Snake” and “Throw down” enter Mr. Cook’s residence and escort Mr. Cook to the back bedroom, (3) he then went to the garage and sat down on Mr. Cook’s motorcycle, (4) suspecting foul play was about to occur, he started Mr. Cook’s motorcycle, and (5) when he then heard gunshots, he fled the scene on Mr. Cook’s motorcycle out of fear for his own safety.30
- Petitioner’s Call to His Friends
In following weeks, petitioner telephoned Heidi Munoz and one of Ms. Munoz’s friends, claimed to have had no involvement in David Cook’s murder, and urged them both to claim they had no knowledge of anything relating to David Cook’s murder or of the motorcycle petitioner was riding the night he visited Ms. Munoz’s apartment.31
B. Indictment
On April 2, 1997, a Bexar County grand jury indicted petitioner in cause no. 97-CR-1659 on a single count of capital murder, to wit having intentionally and knowingly caused the death of David Cook by shooting Mr. Cook with a firearm while in the course of committing and attempting to commit the predicate offenses of robbery and burglary on Mr. Cook.32
https://case-law.vlex.com/vid/bartee-v-quarterman-civil-890547552
