On
this date, May 19, 2010, a juvenile gangster and prison killer, Rogelio Cannady
was executed by lethal injection in Texas. I will post information about him
from murderpedia and clarkprosecutor.org before giving my comments.
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Rogelio Cannady
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Cannady, Rogelio
Date of Birth: 5/29/72
DR#: 999245
Date Received: 12/5/97
Education: 8 years
Occupation: Waiter
Date of Offense: 10/10/93
County of Offense: Bee
Native County: Val Verde, Texas
Race: Hispanic
Gender: Male
Hair Color: Black
Eye Color: Brown
Height: 5' 6"
Weight: 150
Prior
Prison Record: TDCJ #596218, received 5/28/91, from Cameron County, on a life
sentence for robbery, murder w/deadly weapon, and murder. Cannady was in prison
serving his sentence at the time of his capital offense.
Summary
of incident: On October 10, 1993 Cannady caused the death of a 55-year-old
Hispanic male Texas prison inmate inside a medium custody housing area at the
McConnell Unit in Beeville. The victim, who was Cannady's cellmate, was beaten
with a steel lock attached to a belt and kicked repeatedly in the head with
steel-toed boots by Cannady. The victim, who was serving a 15-year sentence for
murder from Tarrant County, died two days later. Cannady was the first Texas
prison inmate to be prosecuted under a 1993 statute that allows for capital
murder convictions if the offender is serving 99 years or life as a result of
previous murder convictions.
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Rogelio Cannady
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Wednesday, May 12, 2010
Media Advisory: Rogelio Cannady scheduled for execution
AUSTIN
– Rogelio Reyes (Roy) Cannady is scheduled to be executed after 6 p.m. on
Wednesday, May 19, 2010, for the 1993 capital murder of fellow inmate
Leovigildo Bombale Bonal. The evidence presented at trial follows.
FACTS
OF THE CRIME
On
October 10, 1993, while serving two consecutive life sentences for murders he
committed in 1990, Cannady beat his cellmate, fifty-five-year-old Bonal, to
death with a padlock attached to the end of his belt. Prison guards found Bonal
lying on the cell floor with his hands tied behind his back with a belt.
Cannady had no apparent wounds or injuries, but his boots and clothing were
covered with blood.
Blood
was splattered and smeared on the cell walls, the bedding of both bunks, and
the furniture. Concealed in a pair of boots, the officers found a belt and the
face of a combination lock. The body of the lock had been dumped in the cell’s
commode. Cannady admitted that he hit and kicked Bonal repeatedly and used a
weapon fashioned from a lock and a belt. He also admitted dismantling the
weapon and tying Bonal’s hands after Bonal became unconscious, both of which
measures were allegedly done to prevent Bonal from striking back.
Cannady’s
counsel stipulated in open court in the guilt/innocence phase that Cannady had
committed two murders in 1990 for which he was serving two consecutive life
sentences at the time of Bonal’s killing.
PROCEDURAL
HISTORY
On
December 5, 1997, a Bee County jury found Cannady guilty of capital murder in
Bonal’s death and sentenced him to die. The trial court denied Cannady’s motion
for a new trial, and the Texas Court of Criminal Appeals affirmed his
conviction and sentence on January 5, 2000. On October 2, 2000, the U.S.
Supreme Court denied certiorari review.
Cannady
initiated state habeas proceedings in August 1999, litigated his claims in a
three-day evidentiary hearing. He was denied relief in May 2001. On August 8,
2002, Cannady filed a habeas petition in federal district court. In July 2003,
the district court dismissed Cannady’s petition without prejudice.
Asserting
two allegations—(1) that the Texas capital sentencing statute is
unconstitutional and (2) that he was denied his right to have a jury determine,
beyond a reasonable doubt, every fact that operated to increase his
punishment—Cannady returned to state court in September 2003. On October 22,
2003, the Texas Court of Criminal Appeals dismissed the subsequent writ as
abusive, triggering Cannady’s reappearance in federal district court two months
later. Cannady again petitioned the federal district court for writ relief. The
federal district court denied Cannady’s petition and denied him a certificate
of appealability (COA) on April 29, 2005. On March 22, 2006, the United States
Court of Appeals for the Fifth Circuit likewise denied Cannady a COA. The
Supreme Court denied Cannady a writ of certiorari on October 2, 2006.
On
March 2, 2009, Cannady filed a subsequent writ application in the Bee County
trial court. The Texas Court of Criminal Appeals dismissed the writ
application. Cannady then filed another writ application in the Cameron County
trial court, challenging the validity of his two previous murder convictions.
The Texas Court of Criminal Appeals dismissed it on September 16, 2009.
On
November 17, 2009, Cannady asked the United States Court of Appeals for the
Fifth Circuit for permission to file a successive habeas corpus petition. The
appeals court denied the motion on December 15, 2009. On February 19, 2010,
Cannady then filed a petition for an original writ of habeas corpus in the U.S.
Supreme Court. Cannady’s petition presently remains pending.
EVIDENCE
OF FUTURE DANGEROUSNESS
During
the punishment phase, the jury heard evidence of Cannady’s lengthy criminal
record. His troubles with the law began at the age of ten, when he committed a
string of thefts and burglaries. When Cannady was twelve, the State admitted
him to a boys’ home. But due to his discipline problems and fighting, the home
expelled Cannady three months later and returned him to his mother. Having
regained his freedom, Cannady expanded his criminal resume to include a variety
of offenses, including drug dealing, assault, theft, violation of probation,
felony criminal mischief, burglary, truancy, public intoxication, and resisting
arrest.
At
age seventeen, Cannady was sentenced to twenty years in prison for assaulting a
fellow teenager while attempting to steal a bicycle. When the State released
him on bond on June 29, 1990, Cannady killed two run-away teenagers the same
day. Cannady pleaded guilty to the killings and was sentenced to pay $10,000
for each murder and serve two consecutive life terms in prison.
Cannady
proved to be a considerable discipline problem in prison, too. On two
occasions, he refused to obey orders. On five occasions, he refused to work.
His behavior only worsened after he killed Bonal in October 1993. Between
November 1993 and May 1994, prison officials reprimanded him for possessing
contraband, using state property in an unauthorized manner, damaging state
property, creating a disturbance, spitting on an officer, possessing a weapon,
possessing drugs, and threatening medical personnel.
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Rogelio Cannady
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Rogelio
Cannady Jr., 37, was executed by lethal injection on 19 May 2010 in Huntsville,
Texas for killing a fellow prison inmate.
At
age 17, Cannady assaulted a fellow teenager while attempting to steal a
bicycle. On 29 June 1990 - the day he was released on bond - Cannady killed
Ricardo Garcia, 16, and Ana Robles, 13 - both runaways from a youth home.
Garcia was stabbed 13 times. Robles was raped and strangled.
On
28 May 1991, Cannady was transferred from the Cameron County Jail to the
McConnell Unit of the Texas Department of Criminal Justice in Beeville with two
consecutive life sentences for murder, as well as a concurrent 20-year sentence
for the earlier robbery.
On
10 October 1993, Cannady, then 21, beat his 55-year-old cellmate, Leovigildo
Bonal, with a steel padlock attached to the end of his belt. While Bonal was
unconscious, Cannady tied his hands behind his back. He also kicked Bonal
repeatedly in the head with steel-toed boots. Cannady then dismantled the lock
and disposed of most of it in the cell's commode. He hid the belt and the
remainder of the lock in his boots.
Bonal
was serving a 15-year sentence for murder. He died two days after the attack.
In
order for a murder to qualify as capital murder, one or more aggravating
factors must be present. In most capital murder cases, the aggravating factor
is that the murder was committed alongside another felony, such as burglary,
robbery, or rape. In 1993, the Texas Legislature revised the capital murder
statute. The new law made being a prisoner serving a life sentence or 99-year
sentence for murder or certain other felonies into an aggravating factor. This
revised statute went into effect on 1 September 1993.
Before
his trial began, Cannady's lawyers argued that the revised statute did not
apply in his case because the offenses for which he received life sentences
were committed prior to 1 September 1993. The trial judge agreed with this
assessment and reduced the charge against him from capital murder to murder.
The
state appealed the trial court's ruling. The Thirteenth Court of Appeals
reversed it, holding that the effective date of the revised capital murder
statute applied to the date that the instant offense was committed, not to the
prior offenses that elevated the charge to capital murder. The "ex post
facto" clause of the U.S. Constitution was not violated because Cannady's
crime was defined as capital murder before he committed it. The Texas Court of
Criminal Appeals and the U.S. Supreme Court declined to review the case,
thereby allowing the appeal's court's interpretation of the statute to hold.
Once
the trial was underway, Cannady claimed he killed Bonal in self defense. He
testified that Bonal had made several sexually suggestive comments to him that
were ominous in a prison setting. He also said that Bonal once sat near him and
rubbed his leg. Cannady testified that on the night of the killing, he saw
Bonal touching himself sexually. He confronted Bonal and hit him in the face.
It then seemed that Bonal was trying to reach for something, so Cannady
attached his lock to his belt and began beating him. He kept hitting Bonal
because Bonal kept coming toward him.
A
jury convicted Cannady of capital murder in December 1997 and sentenced him to
death. The Texas Court of Criminal Appeals affirmed the conviction and sentence
in January 2000. All of his subsequent appeals in state and federal court were
denied.
In
his later appeals, Cannady claimed that he did not kill the two runaway teens,
at all, but was coerced into signing a confession. "I got scared," he
said in an interview from death row. "I was afraid I'd get the death
penalty. Ironically, I did." Cannady also maintained that he killed Bonal
in self-defense because he was making sexual passes at him. "I think
anybody would have done the same thing," he said.
Cannady's
execution was attended by two of his brothers, a niece, and three friends.
"I'm going to be OK," he told them as they watched through a window.
"Y'all take care of yourself ... May God have mercy on my soul." With
his last statement concluded, the lethal injection was started. Cannady then
laughed and lifted his head from the gurney. "I thought it was going to be
harder than this," he said, grinning. "I'm going to sleep now. I can
feel it. It's affecting me." He then lost consciousness. He was pronounced
dead at 6:19 p.m.
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Rogelio Cannady looks afraid, if you notice
his eyes.
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On
October 10, 1993, Rogelio Reyes Cannady caused the death of a 55-year-old
Hispanic male Texas prison inmate inside a medium custody housing area at the
McConnell Unit in Beeville. While serving two consecutive life sentences for
murders he committed on June 29, 1990, Cannady beat his cellmate, Leovigildo
Bombale Bonal, to death with a padlock attached to the end of his belt. The
prison guards found Bonal lying on the cell floor with his hands tied behind
his back with a belt. Cannady had no apparent wounds or injuries, but his boots
and clothing were covered with blood. He neither complained of injuries nor
looked as if he had been assaulted in any way. Blood was splattered and smeared
on the cell walls, the bedding of both bunks, and the furniture. Concealed in a
pair of boots, the officers found a belt and the face of a combination lock.
The body of the lock had been dumped in the cell's commode.
Bonal,
who was serving a 15-year sentence for murder from Tarrant County, died two
days later. A technician from the Texas Department of Public Safety Crime Lab
analyzed the blood splatters and testified that their velocity indicated that
the victim had been beaten. Patterns were created on the ceiling by blood
flying off a weapon, possibly a combination lock. She also discerned that
someone stomped in a puddle of blood or stomped on the victim lying in the
blood or that the victim's head bounced up and down in the blood. Additionally,
the technician had collected samples of blood from the cell, the belt, and
Cannady's and Bonal's clothing. All blood samples were Type B and belonged to
the same person. Bonal had Type B blood; Cannady has Type O blood.
Bonal's
autopsy revealed numerous lacerations and abrasions on the scalp and face as
well as lacerations, abrasions, and swelling on the arms, hands, and one leg. A
circular imprint that matched the combination lock was found on his torso. He
suffered two skull fractures and extensive hemorrhaging over the scalp and in
the brain. One of the skull fractures was slightly circular in nature. The
medical examiner matched the injuries to the lock retrieved from the cell. He
also testified that it would take a fair amount of force to cause the fatal
fractures and injuries Bonal sustained and that Bonal's injuries were
consistent with homicide from the impact of a lock and from being stomped on by
a person wearing boots.
Notwithstanding
the gruesome evidence, Cannady testified that he killed Bonal in self-defense
for fear of being raped. On the night of the killing, Cannady testified that he
woke up when he thought he heard someone call "chow time." He allegedly
got up to look out of the cell, but when he turned around he saw Bonal touching
himself sexually. At that point, he confronted Bonal and hit him in the face.
It seemed to Cannady that Bonal was trying to reach for something so Cannady
grabbed his lock and attached it to his belt. Cannady then hit Bonal, believing
Bonal was reaching for a weapon, and kept hitting Bonal because Bonal kept
coming toward him. Cannady admitted that he hit and kicked Bonal repeatedly. He
also admitted dismantling the weapon and tying Bonal's hands after Bonal became
unconscious, both of which measures were allegedly done to prevent Bonal from
striking back.
However,
immediately after the attack, Cannady said Bonal was beaten because Cannady
thought he was "responsible" for their not being served breakfast.
Cannady was the first Texas prison inmate to be prosecuted under a 1993 statute
that allows for capital murder convictions if the offender is serving 99 years
or life as a result of previous murder convictions.
Cannady's
prior murder conviction was for the murders of two runaways, Ricardo Garcia, 15
and Ana Robles, 13, who were discovered in an irrigation canal near La Feria.
Cameron County authorities reported that Ricardo, of Freer had been stabbed 13
times and that Ana, of Brownsville, had been raped and strangled. Cannady has a
long history of juvenile offenses that began in 1984. In addition, on December
10, 1989, when Cannady was seventeen years old, he committed a robbery in
Harlingen, Texas. While he was out on bond for that crime, on June 29, 1990, in
La Feria, Texas, Cannady murdered the teenagers. Cannady was tried and
convicted of the robbery charge in September 1990, and sentenced to 20 years in
prison. Though Cannady was originally charged with capital murder for the
double homicide, in exchange for his guilty pleas, the charges were reduced to
murder and he was sentenced to two consecutive life terms on January 22, 1991.
CANNADY TIMELINE
*
June 26, 1990: Ana Robles, 13, Rick Garcia, 16, and Luis Acosta, 16, run away
from the Esperanza Home for Boys. They stay at the home of 19-year-old
Elizabeth Ordonez in Adams Gardens, La Feria.
*
June 29, 1990: A group of teenagers — including Rogelio Cannady, 18, Danny
Kuhlke, 18, Francisco Solis, 18, John Ray Garza, 17, with Robles, Garcia and
Acosta — have a party at Garza’s grandmother’s mobile home in Adams Gardens.
*
June 30, 1990: The bodies of Robles and Garcia are found in an irrigation canal
behind Adams Gardens. Police find that Robles had been raped and strangled
while Garcia had been stabbed 13 times.
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July 18, 1990: Cameron County sheriff’s deputies arrest Cannady, Kuhlke, Solis,
Garza and Acosta in connection with the murders.
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Jan. 21, 1991: Cannady and Solis plead guilty to murder, avoiding the death
penalty. State District Judge Darrell Hester tells them both that they will be
old men when they get out of prison.
*
February 1991: Kuhlke and Garza are convicted of crimes in connection with the
June 29 murders. “We’re very upset about (the murders) … it’s upsetting the
whole community … Kuhlke and Garza were on the Honor Roll,” said William Green,
the La Feria Independent School District superintendent in 1990.
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September 1993: A Texas Penal Code amendment goes into effect, requiring a
capital murder charge for any person who while “serving a sentence of life
imprisonment … murders another.”
*
October 1993: Cannady, serving his sentence at the Texas Department of Criminal
Justice McConnell Unit in Beeville, kills his cellmate, 55-year-old Leovigildo
Bonal, with a belt and a padlock. Cannady claims it was in self-defense, saying
Bonal had attempted to sodomize him. Bonal had been serving a 15-year sentence
for murder.
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June 2, 1994: A Bee County grand jury indicts Cannady on a capital murder
charge, based on the 1993 state law.
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Dec. 3, 1997: A jury finds Cannady guilty of capital murder. Cannady’s defense
had argued that because the first murders occurred prior to the 1993 law,
Cannady should not be charged under it.
*
Nov. 18, 2008: The day before he is scheduled to be executed, a state district
judge withdraws the death warrant. The execution is stayed until further order
of the court.
*
May 19, 2010: Cannady is executed by lethal injection.
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Rogelio Cannady looks innocent and gentle
with a grin, but BEWARE, he is dangerous!
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COMMENTS:
Rogelio
Cannady was another perfect example of a dangerous and violent killer to those
around him. If he can murder his cellmate and also two teenagers, he can definitely
murder a prison staff for sure! He also had many criminal records and he
belongs to the category of those who are beyond rehabilitation. It is better
that he is exterminated from this planet, so he can hurt nobody anymore.
The
fact that he pleaded guilty to his first two murders to avoid the death
penalty, proves that he is definitely afraid of death. He spent 13 years of
death row by appealing his death sentence, proves that he was nothing but a
coward who fears death so much.
Those abolitionists who wrote to him on death row do not want the public to know how dangerous he was and made the public think that he killed in self defense, despite the crime scene and evidence suggesting a different story. That is why I do not trust the abolitionist, assuming he murdered again by escaping or killing another person in prison, blood is on the abolitionists’ hands.
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