Darryl Stewart was executed by the State of Texas for the murder of Donna Kate Thomas
According to court documents Darryl Stewart would break into the home of Donna Kate Thomas. He would attempt to sexually assault the woman before he murdered her
Darryl Stewart would be arrested, convicted and sentenced to death
Darryl Stewart would be executed by lethal injection on May 3 1993
Darryl Stewart Photos
Darryl Stewart Case
Stewart and an accomplice, Kelvin Kelley, decided to rob Donna Kate Thomas in her apartment after they noticed her apartment door ajar. During the course of the burglary the men attempted a sexual offense and ultimately murdered the victim. Each man confessed to a version of the offense in which the other was implicated as the principal actor. Stewart’s prosecution was based on Kelley’s testimony which was corroborated by the testimony of the victim’s young daughter and other state witnesses.
Stewart was convicted by a jury for capital murder committed during the burglary of a habitation. During the sentencing phase of the trial, the jury responded affirmatively to the two special issues submitted in accordance with Tex.Code Crim.Proc.Ann. Art. 37.071, and punishment was assessed at death. His conviction was affirmed, 686 S.W.2d 118, and he applied to the district court for the Great Writ and a stay. A stay was granted but the writ was subsequently denied.
Stewart argues on appeal, that in responding to the statutory punishment phase issues, the jury was unable to consider and give mitigating effect to his self-described, non-triggerman role in the commission of the offense. Stewart characterized himself as a lookout man who did not intend to kill the victim and did not assume an active role in the murder. The district court correctly concluded that, if the jury believed that Stewart was not the triggerman, the jury could give effect to that understanding of the evidence in answering the punishment phase issues.
https://law.justia.com/cases/federal/appellate-courts/F2/978/199/183969/