Condemned Dallas carjacker set to die Thursday; 9th execution in Texas in 2004

Associated Press ^ | March 4, 2004 | Associated Press Staff

[MeekOneGOP]

Condemned Dallas carjacker set to die Thursday

07:10 AM CST on Thursday, March 4, 2004

Associated Press

HUNTSVILLE, Texas - Frank Meziere had watched a Dallas Mavericks basketball game at a restaurant with a friend and before heading home stopped at a self-service car wash to clean his black Mustang convertible.

The 23-year-old Plano stockbroker, a 1996 Texas A&M University graduate, never made it home.

His body was found the next day, March 26, 1998, along the side of a road in an industrial area of Oak Cliff, an area of south Dallas. He had been shot in the head 10 times. His car was found about five miles away, abandoned and with the lights on.

"Having dealt with murders, you think you've seen it all," said Jason January, a former Dallas County assistant district attorney. "But this innocent victim was shot almost for sport.

"It was just the sheer overkill of the thing that was ludicrous."

Yokamon Hearn bragged to friends about how he "domed" Meziere, meaning he shot him in the head. Hearn was set to die Thursday evening for the slaying.

He would be the ninth condemned Texas prisoner to receive lethal injection this year and the second in as many nights.

In an appeal filed this week, lawyers for Hearn said the inmate may be mentally retarded and asked the courts to halt the punishment so they can pursue their claim. The U.S. Supreme Court has barred execution of the mentally retarded. Prosecutors said questions about Hearn's mental competence never surfaced previously.

Hearn, 25, refused to speak with reporters as his execution date neared. The U.S. Supreme Court in November denied his request seeking a review of his case.

"It's hard sometimes to know what a death penalty case is, but after a while you know one when you see it," said January, the lead prosecutor at Hearn's trial. "And this just screamed out for the death penalty."

Dallas jurors agreed, deliberating less than an hour to convict Hearn and about an hour before deciding on punishment.

Hearn was 19 at the time of the crime and had a lengthy record that included burglary, robbery, assault, a sexual assult and weapons possession.

"I remember having a big map of the city showing places he had hit and pulled guns on people," January recalled this week. "He was an equal opportunity carjacker -- women, black, white, everybody."

Hearn, along with two other Dallas men and one woman from Oklahoma City, were seen on a security camera video at a convenience store adjacent to the car wash. They had been out looking for someone to carjack, authorities said.

According to testimony at his trial, Hearn drove Meziere's car after he and companion Delvin Diles forced the victim into the car. The two others, Dwight Burley and Teresa Shirley, were in a second car in a convoy that took them to an area near Dallas' wastewater treatment plant. Meziere was shot there with a Tec-9 automatic, then with a .22-caliber pistol. Hearn drove off with his car.

Shirley, driver of the second car, testified Meziere had his arms raised near his head and appeared to beg for his life as Hearn swung the Tec-9, a 9 mm assault-style rifle stolen from an apartment the previous day, back and forth before opening fire. After the victim hit the ground, Hearn shot him several more times, she said. Diles added some shots from his revolver.

Hearn drove off with Meziere's car and kept the victim's license. A witness testified at his trial that Hearn later bragged at a party about the shooting.

Physical evidence linked both Hearn and Diles to the car.

Diles, 19 at the time, pleaded guilty and was sentenced to consecutive life terms for Meziere's death and an unrelated aggravated robbery. He and Hearn were arrested within days of the slaying.

Shirley, then 19, and Burley, then 20, were arrested more than eight months later. Each pleaded guilty to aggravated robbery and received 10-year prison sentences.

Hearn was to head to the death chamber 24 hours after convicted killer Marcus Cotton, 29, received lethal injection for fatally shooting Gil Epstein, 27, a Fort Bend County assistant district attorney, during a robbery in Houston in 1996.

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Online at: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/030404dntexexecute.4fc79c1f.html

[31R1O]

Don't take it personally but, it's "Don't mess with Texas".

[Yudan]

Here's how I feel: The presence of the words "compassion" and "murder" in the same sentence render that sentence oxymoronic.

[lewislynn]

Here in PA, we're at 22 years and counting waiting for this P.O.S. to meet allah in hell.

You must be mistaken because according to the common narrow mindset on this forum that only happens in California.

[WKB]

Maybe we can get Earnest Lee in here with him

[MeekOneGOP]

Here is the one that was executed yesterday ...

Killer of assistant prosecutor executed

06:38 PM CST on Wednesday, March 3, 2004

Associated Press

HUNTSVILLE, Texas – Convicted killer Marcus Cotton was executed Wednesday evening for the fatal shooting of a Houston-area assistant district attorney during a robbery attempt 7 1/2 years ago.

"Well Mom, sometimes it works out like this," Cotton said from the death chamber gurney as his mother, who was among the witnesses, watched through a window. "When you are dealing with reality, real is not always what you want it to be."

Cotton, 29, told his relatives to take care of themselves and that he loved them and his children.

"Y'all are fixing to find out some deep things that are real. Bounce back, baby. You know what I'm saying. Y'all take care of yourselves," he said.

As the drugs began taking effect, he gasped and sputtered. Six minutes later, at 6:13 p.m., he was pronounced dead.

Cotton, 29, had been out of prison less than seven months after serving time for attempted murder when he was arrested for gunning down Gil Epstein, 27, a Fort Bend County assistant prosecutor. Epstein was shot in 1996 while leaving Houston's Jewish Community Center after playing basketball with friends.

Cotton was the eighth convicted murderer to receive lethal injection this year in Texas and the first of two scheduled for consecutive nights this week.

The U.S. Supreme Court last week refused to review his case, and the Texas Board of Pardons and Paroles rejected a clemency request.

Epstein was considered a rising star at the Fort Bend County district attorney's office, where he had interned while attending law school at the University of Houston.

"He was a very engaging young man and truly a gift to humanity," said Greg Gilleland, a former colleague. "I learned an incredible deal from him not only about the practice of law, and about courtroom theatrics and presentation of a trial case to a jury, but about life in general. My friend, he was a good person."

Gilleland, along with Epstein's brother and mother, were on the witness list to see Cotton die.

"I don't mean any disrespect to those people, but they have no facts," Cotton said recently from the visiting area of death row. "They believe in the system. The system brought this person – me – and said this is the person who killed your son. ... The system is broken."

Cotton, from the Houston suburb Missouri City, had an extensive criminal arrest record for theft and drug dealing.

He was convicted of two counts of drug possession in 1992, received a four-year prison term and was paroled less than three months later. In 1993, he was convicted of attempted murder for shooting a man at a Houston apartment complex, served four years of a six-year term and was released under mandatory supervision. The day of the Epstein's killing, Cotton's parole officer had received approval to place an electronic monitor on Cotton's ankle.

Cotton denied he was the gunman who confronted Epstein in the community center parking lot and demanded his wallet. According to testimony at his trial, Cotton shot Epstein after spotting his district attorney badge in the wallet.

"I don't have any remorse because I didn't do it," Cotton said from prison.

Tips to police led to Cotton, who was arrested at his girlfriend's home about a week after the slaying.

Epstein was one of two men confronted by robbers outside the center that night. The other victim testified that he saw Cotton inside Epstein's car. Epstein was found dead in the back seat, shot twice in the head. A former security guard also testified she saw Cotton point a gun at Epstein.

The second gunman, Lawrence Watson, testified against Cotton in exchange for a 10-year prison term. Both had ridden their bicycles to the community center.

Cotton was tried twice for the slaying. The first trial was declared a mistrial when a juror refused to deliberate.

Epstein was raised in New York City and attended the University of Miami in Florida, then came to Houston for law school.

Another condemned prisoner, Yokamon Hearn, was set to die Thursday evening for a carjacking, abduction and fatal shooting in Dallas in 1998.

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Online at: http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/030404dntexexecution.55e6c.html

_________________________________________________

	Texas Department of Criminal Justice
Return to Death Row Page

Name	TDCJ Number	Date of Birth
Cotton, Marcus B.	999252	9/28/74
Date Received	Age (when Received)	Education Level (Highest Grade Completed)
2/4/98	23	9 years
Date of Offense	Age (at the time of Offense)	County
9/18/96	22	Harris
Race	Gender	Hair Color
Black	Male	Black
Height	Weight	Eye Color
5-6	147	Brown
Native County	Native State	Prior Occupation
Harris	Texas	Laborer
Prior Prison Record
Convicted on two counts of possession of a controlled substance on 1/21/92 and sentenced to four years in prison. Held in the Harris County Jail and released from the jail on 4/4/92 under paroled in absentia provisions. TDCJ #651521, received 11/24/93, Harris County, 6 years, attempted murder, released under mandatory supervision to Harris Co. on 2/26/96
Summary of incident
Convicted in the September 1996 shooting death of  a white male Fort Bend County Assistant District Attorney outside the Jewish Community Center in Houston. Cotton and accomplice Lawrence Watson, both armed with pistols, were riding bicycles through the community center parking lot when Watson spotted another male exiting his vehicle. Watson approached this male, put a .38-caliber pistol to his head, and robbed him of his cash. Meanwhile, Cotton saw the Assistant District Attorney outside the center and demanded money from him after pulling a 380 semi-automatic pistol. The victim told Cotton he had no money but that he had valuables in his car. As Cotton put him in the back seat of his Mustang, the other robbery victim, who had gone driving around to the front of the community center to call police, again drove into the parking lot and began blowing his car horn and blinking his lights in an effort to ward off the robbers. Cotton reportedly ordered Watson to shoot the man in the car blowing his horn and then fired two shots into the Assistant District Attorney's head. As the robbers attempted to flee on their bicycles, the man in the other vehicle gave chase in his car and struck Cotton, who with Watson managed to escape on foot by jumping a fence. Following his arrest, Watson implicated Cotton, telling police that Cotton killed the Assistant District Attorney because he had seen the gold badge the victim carried with him as a member of the district attorney’s office. The badge was found lying at the victim’s feet inside the car. Witnesses also told police that Cotton later bragged about “shooting the law” after seeing the badge.
Co-defendants
Lawrence Edward Watson
Race and Gender of Victim
White male
Photograph of Offender

Last Updated:  August 31, 2001

[albee]

"...Dallas jurors agreed, deliberating less than an hour to convict Hearn and about an hour before deciding on punishment."

But...but...poor Yokoman was deprived as a child and wouldn't hurt anyone. Besides. we just learned that he is retarded. It is not his fault! He is a good boy! /sarcasm

[MeekOneGOP]

Here is the one executed last night that I missed posting. (See #45 for full text) ....

Killer of assistant prosecutor executed

Marcus Cotton 

Excerpt:

HUNTSVILLE, Texas – Convicted killer Marcus Cotton was executed Wednesday evening for the fatal shooting of a Houston-area assistant district attorney during a robbery attempt 7 1/2 years ago.

"Well Mom, sometimes it works out like this," Cotton said from the death chamber gurney as his mother, who was among the witnesses, watched through a window. "When you are dealing with reality, real is not always what you want it to be."

Cotton, 29, told his relatives to take care of themselves and that he loved them and his children.

"Y'all are fixing to find out some deep things that are real. Bounce back, baby. You know what I'm saying. Y'all take care of yourselves," he said.

As the drugs began taking effect, he gasped and sputtered. Six minutes later, at 6:13 p.m., he was pronounced dead.

[AxelPaulsenJr]

Unless the caption under the pic is wrong, it has only been 13 years?

[End Times Sentinel]

Unless the caption under the pic is wrong, it has only been 13 years?

OOOPPS!  My typo!  It was Dec. 8 1981.

Owl_Eagle

”Guns Before Butter.”

 

[1john2 3and4]

i understand your feelings. years ago i heard a pastor on the radio give a sermon regarding the issue which changed my outlook. the essential point; that it was the state, thru the court system, due process, juries, appeals, etc. that executed the perp.....

biblical examples of the "execution" of the "unrighteous" (criminals, in this context) abound.

[AxelPaulsenJr]

At any rate that is one nasty evil looking pos.

[dixiechick2000]

If you ever decide to change careers, please apply to be the guy who takes care of these folks. You're very creative...;o)

[BJClinton]

Hate to be a wet blanket but "Don't Mess with Texas" is an anti-litter campaign. But hey, if it works for violent crime...

As to the 6 years, we used to be almost as bad as California as far as length of time on death row, but we've caught up in the last decade. Still, a few have been sitting on DR over 10 yrs. We'll catch up someday.

[Bonaparte]

"The U.S. Supreme Court has barred execution of the mentally retarded."

But permits the execution of the mentally undeveloped if they are innocent, blameless, helpless and in the womb. Any honest man will place those black-robed executioners among the worst mass murderers of all time, second only to the communists.

[Yudan]

Ths problem with feeding him to wolves, though, is that the wolf population of the Mountain West had just been reintroduced in earnest. Last thing we need is for them to acquire a taste for human flesh...

[VOA]

The U.S. Supreme Court in November denied his request seeking a review of his case.

Gotta' give those guys (and gals) in the black dresses some credit.
Like a broken clock, they get it right a couple of times a day.

[abovethefray]

Does this make all these Yokoman cards and toys worth more now ? My kids love that Jigglypuff one...

[wardaddy]

Hey, at least they said assault- "style"..lol

[dixiechick2000]

There's always the soldier ants. ;o)

[MeekOneGOP]

Are ya'll sitting' down ??? ...

[It looks like this is being fast-tracked, so I think it's just a delay then back in the hopper].

Dallas carjacker wins reprieve of execution

06:06 PM CST on Thursday, March 4, 2004

Associated Press

HUNTSVILLE, Texas – A condemned inmate described by a prosecutor as an "equal opportunity carjacker" was spared Thursday evening less than an hour before he could have been taken to the Texas death chamber for killing a Dallas-area man who was shot 10 times in the head.

Yokamon Hearn, 25, was facing lethal injection for the 1998 fatal shooting of Frank Meziere, a 23-year-old Plano stockbroker abducted at gunpoint from a self-service car wash in Dallas six years ago.

The 5th U.S. Circuit Court of Appeals agreed with defense attorneys who sought a delay in their late appeals and stopped the punishment, but the court also set an accelerated briefing schedule to ensure the appeals would not take months, said Lori Ordiway, an assistant district attorney in Dallas County.

The death warrant would have allowed the execution to be carried out after 6 p.m. although state officials normally wait until all appeals are resolved before moving ahead with the injection.

In the appeal before the New Orleans-based 5th Circuit, lawyers filed late appeals contending Hearn may be mentally retarded.

The U.S. Supreme Court has barred the execution of the mentally retarded.

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Online at: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/030504dntexexecution.d4a0f.html