Charles, Derrick Dewayne ( 2015 )

»t Texas Department of Criminal Justice Brad Livingston Executive Director May 18, 2015 RECEIVED IN The Honorable Chris Daniel COURT OF CRIMINAL APPEALS Harris County District Clerk 201 Caroline Suite #420 MAY 212015 Houston, Texas 77002 Abel Acosla, Clerk RE: DERRICK DEWAYNE CHARLES #TDCJ #999451 Dear District Clerk: Enclosed is the Return of the Director of the Texas Department of Criminal Justice Correctional Institutions Division, of the Death Warrant pertaining to DERRICK DEWAYNE CHARLES, issued in the 184th District Court of Harris County, Texas on November 10, 2014, which was carried out on May 12, 2015. Also enclosed is the Certificate with the director's statement of compliance with the command of the warrant. The certificate also indicates the disposition of the remains as required by Article 43.23 of the Texas Code of Criminal Procedure. Sincerely, Carla M.Willis Deputy General Counsel OFFICE OF THE GENERAL COUNSEL cc: The Honorable Gregg Abbott, Governor The Honorable Ken Paxton, Attorney General Louise Pearson, Clerk, Court of Criminal Appeals Kelly Enloe, Chairman, Classification & Records, TDCJ CW/cf Attach Our mission is toprovide public safety, promote positive change inoffender behavior, reintegrate offenders into society, andassist victims of crime. Office of the General Counsel Sharon Felfe Howell, General Counsel- sharon.howeIl@tdcj.texas.gov P.O. Box 13084Capitol Station P.O. Box 4004 Austin, Texas 78711-3084 Huntsville, Texas 77342-4004 Phone (512) 463-9899, FAX (512) 936-2159 Phone (936) 437-6698, FAX (936) 437-6994 fiY^ William Stephens, Director Texas Department of Criminal Justice Correctional Institutions Division CERTIFICATE I hereby certify that theDeath Warrant inthecase of The State ofTexas vs. DERRICKDEWA YNE CHARLES issued in the 184th District Court ofHarris County, Texas on November 10, 2014 and was executed according to the laws of the State of Texas on May 12, 2015. The death of DERRICK DEWAYNE CHARLES was caused byintravenous injection oflethal substances atthe HuntsviUe Unit of the Texas Department of Criminal Justice-Correctional Institutions Division at lg '» o L? p.m. on May 12, 2015. The body ofthe deceased was given into the custody of Carnes Funeral Home agent for the requesting relative. This Certificate and Return of Warrant (enclosed) is in compliance with Article 43.23 of the Texas Code of Criminal Procedure. William Stephens, Director Texas Department of Criminal Justice Correctional Institutions Division SUBSCRIBED AND SWORN TO BEFORE ME this the 12th day of May 2015. \ CONNIE E. , f\ WEIGH ; -; I Notary Public. State of Texas - >y My Commission Expires # / 11-06-2017 * Notary without Bond NOTARY PUBLIC, Walker County, Texas My Commission expires: \ 1 - OL? - 2-Ot1 CAUSE NO. 941969 If STATE OF TEXAS § IN THE 184TH DISTRICT COURT V. § OF DERRICK DEWAYNE CHARLES § HARRIS COUNTY, TEXAS EXECUTION ORDER This Court, having received the Mandate from the Court of Criminal Appeals affirming ihe Defendant's conviction,in the.abo.ve.iStyled.and-numbered cause and having received notice that the Court of Criminal Appeals has denied habeas relief in the defendant's initial petition for writ of habeas corpus, cause no. 941969-A, now enters the following order: IT IS HEREBY ORDERED that the Defendant, DERRICK DEWAYNE CHARLES, who has been adjudged to be guilty of Capital Murder as charged in the indictment and whose punishment has been assessed at Death by the verdict of the jury and judgment of the Court, shall be kept in custody by the Director of the Institutional Division of the Texas Department of Criminal Justice at HuntsviUe, Texas until Tuesday, the 12th day of May, 2015, upon which day, at the Institutional Division of the Texas Department of Criminal Justice at HuntsviUe, Texas, at some time after the hour of 6:00 p.m., in a room arranged for the purpose of execution, the said Director, acting by and through the executioner designated by said Director as provided by law, is hereby commanded, ordered and directed to carry out this sentence of death by intravenous injection of a substance or substances in a lethal quantity sufficient to cause the death of the said DERRICK DEWAYNE CHARLES and until the said DERRICK DEWAYNE CHARLES is dead, such procedure to be determined and supervised by the said Director of the Institutional Division ofthe Texas Department of Criminal Justice. The Clerk of this Court shall issue and deliver to the Sheriff of Harris County, Texas, a Death Warrant in accordance with this Order, directed to the Director of the Institutional Division of the Texas Department of Criminal Justice at HuntsviUe, Texas, commanding him, the said Director, to put into execution the Judgment of Death against the said DERRICK DEWAYNE CHARLES. The Sheriff of Harris County, Texas is hereby Ordered, upon receipt of said Death Warrant, to deliver said Death Warrant to the Director of the Institutional Division of the Texas Department of Criminal Justice, HuntsviUe, Texas. SIGNED AND ENTERED this 10th day ofNovember, 2014. AN KROCKER Presiding Judge 184th District Court Harris County, Texas CAUSE NO. 941969 DEATH WARRANT STATE OF TEXAS IN THE 184TH DISTRICT COURT V. OF DERRICK DEWAYNE CHARLES § HARRIS COUNTY, TEXAS TO THE DIRECTOR OF THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND TO THE SHERIFF OF HARRIS COUNTY, TEXAS: On the 6th day of May, 2003, the above-named defendant, in the above-styled and numbered cause, was convicted of the offense of capital murder. On the 14th day of May, 2003, the Court sentenced the above- named defendant to death in accordance with the findings of the jury, pursuant to the Texas Code of Criminal Procedure. The Court, having received the Court of Criminal Appeals' mandate affirming the above-named defendant's conviction for capital murder and having received notice of the Court of Criminal Appeals' denial of the defendant's initial application for writ of habeas corpus, if such application was timely filed, sentenced the above-named defendant to death for the offense of capital murder and ORDERS that the execution be had on Tuesday, the 12th day of May, 2015, at any time after the hour of 6:00 p.m. at the Institutional Division of the Texas Department of Criminal Justice at HuntsviUe, Texas. The Sheriff of Harris County, Texas, is hereby commanded to transport the defendant to the Institutional Division of the Texas Department of Criminal Justice and deliver the defendant, if not already in the custody of the Institutional Division of the Texas Department of Criminal Justice, and this warrant to the Director of the Institutional Division of the Texas Department of Criminal Justice for the purpose of executing this warrant, and to take from the Director the proper receipt for the defendant, if not already in the custody of the Institutional Division of the Texas Department of Criminal Justice, and the sheriff will return the receipt to the office of the District Clerk of Harris County, Texas. The Director of the Institutional Division of the Texas Department of Criminal Justice is hereby commanded to receive from the Sheriff the defendant and this warrant, and to give his receipt to the Sheriff, and to safely keep the defendant and to execute the sentence of death at any time after the hour of 6:00 p.m. on the day and date specified in paragraph two of this warrant, by causing a substance or substances in a lethal quantity to be intravenously injectedinto the body of the defendantsufficient to cause death, and the injection of the substance or substances into the body of the defendant to continue until the defendant is deceased, obeying all laws of the State of Texas with reference to such execution. Witness my hand and seal of the 184 istrict Court of Harris County, Texas, at my office in the City of Houston, Texas, onthe /Q^ day of ~ jfryyi/r** , 2014. CHRIS DANIEL, DISTRICT CLERK S COUNTY, TEX^ puty RETURN The sheriff ofHarris County, Texas, received this writ on the day of , 2014, at ; P.M. and executed the same by delivering the within named defendant in person (ifnot already in custody at TDCJ-ID) and this warrant to the warden ofthe Institutional Division ofthe Texas Department ofCriminal Justice on the day of , 2014 and by taking his receipts for the said defendant and this warrant, which receipts are hereto attached do here now make my return on this writ this dayof ,2014. SHERIFF HARRIS COUNTY, TEXAS DEPUTY On this the day of , 2014, the following papers related to cause number 941969, styled THE STATE OF TEXAS vs. DERRICK DEWAYNE CHARLES, were received from the Sheriffof Harris County, Texas. 1. One original and one copy of DEATH WARRANT to be delivered to the warden of the Institutional Division of the Texas Department of CriminalJustice. 2. Two original, certified Execution Orders. SIGNATURE OF TDCJ OFFICIAL