June 16, 2016
THE STATE OF TEXAS § § V. § § CHARLES E. BROWNLOW JR. § § STATE ID No.: TX-054:31746 § JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: HoN. B. Michael Chitty Entered: 05/20/2016 Erleigh Norville Wiley Attorney for Maxwell Peck Attorney for State: Marc Moffitt, Bryan Slabotsky Defendant: Keri Mallon Offense for which Defendant Convicted:
CAPITAL MURDER Charging Instrument: Statute for Offense: Indictment 19.03 Date of Offense: 10/28/2013 Degree of Offense: Plea to Offense: Capital Felony Not Guilt Verdict of Jury: Findings on Deadly Weapon: Guilty Yes, a Firearm Plea to 1st Enhancement Plea to 2nd Enhancement/Habitual Paragraph: Para ra h: Findings on 1st Enhancement Findings on 2nd Enhancement/Habitual Paragraph: Para ra h: Punished Assessed by~ Date Sentence Imposed: Date Sentence to Commence: Jury 05/20/2016 05/20/2016 Punishment and Place of Confinement: Death- Institutional Division, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR YEARS. Fine: Court Costs: Restitution: Restitution Payable to: $n/a $0.00 $n/a
UAttachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE GRIM. PROC. chapter 62. The age of the victim at the time of the offense was n/a . If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. From 10/28/2013 to 05/20/2016
Time If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below. Credited: DAYS NOTES: N/A All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Kaufman County, Texas. The State appeared by her District Attorney. Counsel/ Waiver of Counsel (select one) [X] Defendant appeared in person with Counsel. [ ] Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any. The Court received the verdict and ORDERED it entered upon the minutes of the Court. Punishment Assessed by Jury I Court I No election (select one) • [X] Jury . Defend~nt entered a plea and filed a written election I? have the jury assess punishment.'! The jury heard evidence relative to ~he questb1on of p~n1shment. The ~ourt charged .the Jury and 1t retired to consider the question of pun~hment. After due deliberation the JUry was rough! mto Court, and, m open court, 1! returned its verdict as indicated above. ! ' 0 Court. Defendant elected to have the Court assess punishment. After hearing evidence relativ~ to the question of punishme t th Court asse~sed Defendant's punishment as indicated above. n' e 0 N~ Election. De~endant d1? not file a written election as to whether the judge or jury should assess~punishment. After hearing evidence 1
relative to the quest1on of punishment, the Court assessed Defendants punishment as indicated above The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES . NO DECREES that Defendant is GUI~~ of the above offense. The Court FINDS the Presentence Investigation, if so ordered, wa$ done according to the applicabl proVISions ofTEX. CODE GRIM. PRoc. art. 42.12 § 9. : e And on the 20th of May, 2016 this cause being again called, the .state appe~red by her Criminal District Attorney in Kaufman C~unty, Texas and the defen~ant, Charles E. Brownlow Jr., appeared m person, h1s counsel alsJ being present, and the same jury bemg c~lled to assess the punishment, evid~nce.was. presented by the State and the defendant fori purpose of assessing punishment, and hav1.ng heard argument of counsel, agam ret1red 1n char~e of the pro~er officer to consider thei~ verdict, and afterward were again brought 1~to cou~ by th~ proper offi~er, the defendant a~d h1s counsel be1ng present, and in due form of law returned into open court the followtng verdict, whtch was received by the Court as 1s here and now entered upon the minutes Mthe Court, to-wit: I SPECIAL ISSUE NO. 1 .
Do you find by a preponderance of the evidence that the Defendant Charles E. Brow~low Jr., is a person with mental retardation/intellectual disability? '
ANSWER: NO
SPECIAL ISSUE NO. 2
Do you find from the evidence beyond a reasonable doubt that there is a probability that th~ Defendant, Charles E. Brownlow Jr., would commit criminal acts of violence that would constitute a continuing threat to society? :
ANSWER: YES
SPECIAL ISSUE NO. 3
Do you find, taking into consideration all of the evidence, including the circumstances of the ~ffense, the Defendant's character and background, and the personal moral culpability of the Defendant, Charles E. Brownlow Jr., that there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed?
ANSWER: NO i
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendan~ to pay all fines, court costs, and restitution as indicated above. ·, I Punishment Options (select one) ! [X] Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of tre State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TD<;:J. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remarded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS thatj upon release from confinement, Defendant proceed immediately to the Kaufman County Clerk Court Collections Department. Once t!l,ere, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as order~d by the Court above. D County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendart immediately committed to the custody of the Sheriff of Kaufman County, Texas on the date the sentence is to commence. D~fendant shall be confined in the Kaufman County Jail for the period indicated above. The Court ORDERS that upon release from confi'nement, Defendant shall proceed immediately to the Kaufman County Clerk Court Collections Department. Once there, the Court O~DERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court $bove. [ ) Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Co~rt ORDERS Defendant to proceed immediately to the Office of the Kaufman County Clerk Court Collections Department. Once there, th~ Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution I Suspension of Sentence (select one) [X] The Court ORDERS Defendant's sentence EXECUTED. D The Court ORDERS Defendant's sentence of confinement SUSPENDED.
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June 16, 2016
THE STATE OF TEXAS § § V. § § CHARLES E. BROWNLOW JR. § § STATE ID No.: TX-054:31746 § JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: HoN. B. Michael Chitty Entered: 05/20/2016 Erleigh Norville Wiley Attorney for Maxwell Peck Attorney for State: Marc Moffitt, Bryan Slabotsky Defendant: Keri Mallon Offense for which Defendant Convicted:
CAPITAL MURDER Charging Instrument: Statute for Offense: Indictment 19.03 Date of Offense: 10/28/2013 Degree of Offense: Plea to Offense: Capital Felony Not Guilt Verdict of Jury: Findings on Deadly Weapon: Guilty Yes, a Firearm Plea to 1st Enhancement Plea to 2nd Enhancement/Habitual Paragraph: Para ra h: Findings on 1st Enhancement Findings on 2nd Enhancement/Habitual Paragraph: Para ra h: Punished Assessed by~ Date Sentence Imposed: Date Sentence to Commence: Jury 05/20/2016 05/20/2016 Punishment and Place of Confinement: Death- Institutional Division, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR YEARS. Fine: Court Costs: Restitution: Restitution Payable to: $n/a $0.00 $n/a
UAttachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE GRIM. PROC. chapter 62. The age of the victim at the time of the offense was n/a . If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. From 10/28/2013 to 05/20/2016
Time If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below. Credited: DAYS NOTES: N/A All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Kaufman County, Texas. The State appeared by her District Attorney. Counsel/ Waiver of Counsel (select one) [X] Defendant appeared in person with Counsel. [ ] Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any. The Court received the verdict and ORDERED it entered upon the minutes of the Court. Punishment Assessed by Jury I Court I No election (select one) • [X] Jury . Defend~nt entered a plea and filed a written election I? have the jury assess punishment.'! The jury heard evidence relative to ~he questb1on of p~n1shment. The ~ourt charged .the Jury and 1t retired to consider the question of pun~hment. After due deliberation the JUry was rough! mto Court, and, m open court, 1! returned its verdict as indicated above. ! ' 0 Court. Defendant elected to have the Court assess punishment. After hearing evidence relativ~ to the question of punishme t th Court asse~sed Defendant's punishment as indicated above. n' e 0 N~ Election. De~endant d1? not file a written election as to whether the judge or jury should assess~punishment. After hearing evidence 1
relative to the quest1on of punishment, the Court assessed Defendants punishment as indicated above The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES . NO DECREES that Defendant is GUI~~ of the above offense. The Court FINDS the Presentence Investigation, if so ordered, wa$ done according to the applicabl proVISions ofTEX. CODE GRIM. PRoc. art. 42.12 § 9. : e And on the 20th of May, 2016 this cause being again called, the .state appe~red by her Criminal District Attorney in Kaufman C~unty, Texas and the defen~ant, Charles E. Brownlow Jr., appeared m person, h1s counsel alsJ being present, and the same jury bemg c~lled to assess the punishment, evid~nce.was. presented by the State and the defendant fori purpose of assessing punishment, and hav1.ng heard argument of counsel, agam ret1red 1n char~e of the pro~er officer to consider thei~ verdict, and afterward were again brought 1~to cou~ by th~ proper offi~er, the defendant a~d h1s counsel be1ng present, and in due form of law returned into open court the followtng verdict, whtch was received by the Court as 1s here and now entered upon the minutes Mthe Court, to-wit: I SPECIAL ISSUE NO. 1 .
Do you find by a preponderance of the evidence that the Defendant Charles E. Brow~low Jr., is a person with mental retardation/intellectual disability? '
ANSWER: NO
SPECIAL ISSUE NO. 2
Do you find from the evidence beyond a reasonable doubt that there is a probability that th~ Defendant, Charles E. Brownlow Jr., would commit criminal acts of violence that would constitute a continuing threat to society? :
ANSWER: YES
SPECIAL ISSUE NO. 3
Do you find, taking into consideration all of the evidence, including the circumstances of the ~ffense, the Defendant's character and background, and the personal moral culpability of the Defendant, Charles E. Brownlow Jr., that there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed?
ANSWER: NO i
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendan~ to pay all fines, court costs, and restitution as indicated above. ·, I Punishment Options (select one) ! [X] Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of tre State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TD<;:J. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remarded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS thatj upon release from confinement, Defendant proceed immediately to the Kaufman County Clerk Court Collections Department. Once t!l,ere, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as order~d by the Court above. D County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendart immediately committed to the custody of the Sheriff of Kaufman County, Texas on the date the sentence is to commence. D~fendant shall be confined in the Kaufman County Jail for the period indicated above. The Court ORDERS that upon release from confi'nement, Defendant shall proceed immediately to the Kaufman County Clerk Court Collections Department. Once there, the Court O~DERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court $bove. [ ) Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Co~rt ORDERS Defendant to proceed immediately to the Office of the Kaufman County Clerk Court Collections Department. Once there, th~ Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution I Suspension of Sentence (select one) [X] The Court ORDERS Defendant's sentence EXECUTED. D The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS efendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not viol te the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is i corporated into this judgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time s ent incarcerated.
IT IS THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED that the sai~ defendant, Charles Brownlow, is guilty of the offense of CAPITAL MURDER and that the Defendant committed the said offense on tre 28th day of October, 2013 and ! that the punishment of the said Defendant is fixed, as set by law, at DEATH and that the State ofTexas do have and recover of and from the said Defendant all costs in this proceeding incurred for which let execution issue. i • I And the defendant betng asked by the Court if sufficient reason existed why the sentence of this Court should not be pronounced, failed to give such reason; whereupon the Court proceeded, in the presence of the said Defendant and his attorney to pronounce sentence as follows: I . WHEREAS,_ the De~endant, CHARLES E. BROWNLOW JR., has been adjudged guilty ofithe offense of CAPITAL MURDER by the JUry and the Jury havtng further answered: (1) that the Defendant, Charles E. BrownlowlJr., is NOT a person with mental retardation/intellectual disability; (2) that there IS a probability that the defendant, CHARLES E.!, BROWNLOW Jr., would commit criminal acts of violence that would constitute a continuing threat to society, and (3) after taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the'i personal moral culpability of the defendant, CHARLES E. BROWNLOW Jr., that there is NO sufficient mitigating circumstance or ci~cumstances to warrant a sentence of life imprisonment rather than a death sentence be imposed, I I
IT IS THE ORDER AND SENTENCE OF THE COURT that you, CHARLES E. BROWNLOW Jr., having been adjudged to be guilty of capital murder and whose punishment has been assessed by the verdict of the jury and th:e judgment of this Court at Death, shall be remanded to the custody of the Sheriff of Kaufman County and transported to and kept in[ the custody of the Director of the Institutional Division of the Texas Department of Criminal Justice, until some future date to be determined later, upon which day, at some hour after 6:00 p.m., in a room arranged for the purpose of execution, the said Director, acti~g by and through the executioner designated by and said Directors provided by law, IS HEREBY COMMANDED, ORDERED, AND DI~ECTED to carry out this sentence of death by intravenous injection of a substance or substance in a lethal quantity sufficient to cause ~our death and until you are dead, such procedure to be determined and supervised by the said Director of the Institutional Division of ~he Texas Department of Criminal Justice. ·
The Clerk of this Court shall issue this Order of Execution and Death Warrant and deliver tt\e same to the Sheriff of Kaufman County, Texas, who is hereby ORDERED, upon receipt, to deliver the same to the director of the '[institutional Division of the Texas Department of Criminal Justice and make due Return thereof showing that the Order of Execution an~ Death Warrant has been served and delivered as directed. ·
IT IS FINALLY ORDERED that the Director of the Institutional Division of the Texas De~artment of Criminal Justice shall endorse the Sheriffs return showing receipt of this Order of Execution and Death Warrant.
The Court Orders that the Defendant is given credit noted above on this sentence for the tim:e spent incarcerated.
It is further ORDERED that the costs to Kaufman County for the payment of this defendant's: court -appointed attorney, if any, are taxed against this defendant as court costs. The District Clerk is granted leave to amend the ~:;ourt costs to reflect this amount without the necessity of a further order. i
I Following the disposition of this cause, the defendant's fingerprints were, in open court, plac~d upon a Judgment Certificate of Defendant's Prints. Said Certificate is attached hereto and is incorporated by reference as part of this ~udgment.
1\.-.. Signed on the_ __o.._11-------'' 20 I~ Z'9 day of __t&{ 7 / 1-(__../lv JUDGE B. MICHAEL CHITIY CAUSE NO. 32512-422
THE STATE OF TEXAS § IN THE DISTRICT COURT § v. § 422No JUDICIAL DISTRICT § CHARLES E. BROWNLOW, JR. § KAUFMAN COUNTY, TEXAS
ORDER FOR APPOINTMENT OF ATTORNEY ON APPEAL
The Defendant, CHARLES E. BROWNLOW, JR., having previously been found to be
indigent, and the said Defendant, having been convicted of capital murder and sentenced to death
on May 20,2016,
It is ORDERED that the Honorable Douglas H. Parks, a regular licensed and practicing
attorney of Texas, is hereby appointed to represent the Defendant in his automatic direct appeal
to the Texas Court of Criminal Appeals
SIGNED this the 61h day of June, 2016.
B. Michael Chitty, Judge Presiding
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ORDER FOR APPOINTMENT OF ATTORNEY ON APPEAL Solo Page June 16, 2016
CAUSE NO. 32512-422
THE STATE OF TEXAS § IN THE DISTRICT COURT § v. § 422No JUDICIAL DISTRICT § CHARLES E. BROWNLOW, JR. § KAUFMAN COUNTY, TEXAS
ORDER AND NOTICE
The above-named Defendant, CHARLES E. BROWNLOW, JR., was convicted of
capital murder and sentenced to death on May 20, 2016. The Court finds that the Defendant is
indigent and desires to have counsel appointed for the purpose of a writ of habeas corpus under
Art. 11.071, Texas Code of Criminal Procedure.
THEREFORE, the Court hereby appoints the Office of Capital and Forensic Writs and
Director, Benjamin Wolff, as counsel for Defendant to investigate the case, file the appropriate
writ, and represent the Defendant fully. Following the Motion for New Trial, trial counsel are
relieved of their representation of the said Defendant.
The District Clerk is hereby ordered to forward a copy of this Order and Notice to the
Office of Capital and Forensic Writs and to the Court of Criminal Appeals.
Appointed counsel's address is as follows:
Benjamin Wolff Office of Capital and Forensic Writs 1700 N. Congress Avenue, Suite 460 Stephen F. Austin Building Austin, Texas 78701 (512) 463-8502 -Direct (512) 463-8590- Fax Benjamin.Wolff@ocfw.texas.gov
So ORDERED this the 6"' day of June, 20~~
ORDER AND NOTICE Solo Page