HUNTSVILLE, Texas (AP) — A Texas man convicted of fatally stabbing and beheading three young children in a squalid, windowless apartment in 2003 was executed Thursday, hours after Oklahoma put another man to death.
John Allen Rubio, 46, was pronounced dead at 6:47 p.m. after a lethal injection at the state prison in Huntsville. The killings of the baby girl and two toddlers so rocked the city of Brownsville, on the U.S. border with Mexico, that the apartment
building was later demolished and the land turned into a park and community garden.
Earlier Thursday, James Pavatt, 73, received a lethal injection at an Oklahoma prison for the fatal shooting of his girlfriend’s estranged husband in 2001. The victim was killed as he arrived to pick up his two young children before Thanksgiving.
Thursday’s executions were the 36th and 37th this year, with the U.S. on track to surpass 40 executions for a second consecutive year — a pace driven by Florida.
The death penalty has drawn renewed attention since the failed execution of Christa Pike in Tennessee in September. And last week, California Gov. Gavin Newsom announced he would commute hundreds of death sentences before leaving office in January — what experts say would be the largest mass clemency in American history.
Rubio and his girlfriend, Angela Camacho, were accused of killing 3-year-old Julissa Quesada, 14-month-old John E. Rubio and 2-month-old Mary Jane Rubio in the windowless apartment they shared in Brownsville. Camacho pleaded guilty and is serving a life sentence.
An appeals court overturned Rubio’s first capital murder conviction, ruling that Camacho's statements were improperly admitted as evidence in his trial. At his second trial, Rubio again pleaded not guilty by reason of insanity but was convicted and sentenced to death.
According to court records, Rubio wasn’t the biological father of the two older children but treated them as if they were his own.
At various points, Rubio claimed the children were possessed and that he was the “chosen one” intended to save the world.
Defense experts diagnosed him with paranoid schizophrenia, a finding prosecution experts rejected. The defense experts also testified that Rubio's childhood — marked by violence at home, “toxic” parents, drug use and prostitution — damaged him developmentally.
When the Oklahoma inmate Pavatt was asked if he had any last words before his execution, he shook his head no. As a chaplain read from the Bible, Pavatt appeared to mouth some words, but they could not be heard.
Pavatt was convicted of first-degree murder and conspiracy to commit murder in the killing of Rob Andrew, a 39-year-old advertising executive. Pavatt attended the same church as the Andrew family and had been having an affair with Rob Andrew’s wife, Brenda Andrew. She was convicted at a separate trial and is the only woman currently on Oklahoma's death row.
Weeks before the shooting, Rob Andrew told police someone was trying to kill him after the brake lines on his car were cut. Brenda Andrew told police after her husband was killed that masked intruders shot her in the arm and fatally shot him.
Pavatt and Brenda Andrew fled to Mexico with her two children after the shooting and were arrested three months later while reentering the U.S.
At a clemency hearing last month, Pavatt said he was “not guilty of shooting anyone,” and that he’d fallen in love with Brenda Andrew and believed “everything she told me.”
“It was not until my trial that I began to see the extent to which I had been manipulated by Brenda,” Pavatt told the board. “I can see why the jury believed that we were both involved in Rob’s murder.”
Prosecutors have said Pavatt and Brenda Andrew plotted to kill her husband, and that no matter who fired the shots, both were equally guilty.
Also Thursday, former Oklahoma death row inmate Richard Glossip pleaded guilty to a lesser charge of being an accessory in a 1997 murder and awaits sentencing in December. Glossip, who had been on the brink of execution three times, was released on bond in May after nearly 30 years in prison. He had been awaiting a retrial after the U.S. Supreme Court overturned his conviction.
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Stengle reported from McAlester, Oklahoma.
