Case No. 32021-422 HLED IN In The 422nd District COURT OF CRIMINAL APPEALS The State of Texas § § M 12 2015 § Court § Eric Lyle Williams § Kaufman County, Texas Abei Acos^ Clerk § state id no.: tx 08840896 § Judgment of Conviction by Jury Date Judgment Judge Presiding: Hon. Michael Snipes 17 December 2014 Entered: Matthew Seymour Bill Wirskye Attorney for John Wright Attorney for State: Defendant: Toby Shook Doug Parks Offense for which Defendant Convicted: Capital Murder Charging Instrument: Statute for Offense:
Indictment 19.03 Date of Offense: 03/30/2013 Degree of Offense: Plea to Offense: Capital Felony Not Guilty Verdict of Jury: Findings on Deadly Weapon: Guilty Yes, a Firearm Plea to 18' Enhancement Plea to 2na Enhancement/Habitual Paragraph: Paragraph: Findings on 1st Enhancement Findings on 2na Enhancement/Habitual Paragraph: Paragraph: Punished Assessed bv: Date Sentence Imposed: Date Sentence to Commence:
Jury 17 December 2014 17 December 2014 Punishment and Place of Degth _ |nstitutiona| Division, TDCJ f*r\ nri nth m a n r • Confinement THIS SENTENCE SHALL RUN CONCURRENTLY. Fine: Court Costs: Restitution: Restitution Payable to:
$n/a $0.00 $n/a D VICTIM (see below) D AGENCY/AGENT (see below) D Attachment A, Order toWithdraw Funds, is Incorporated Into this judgment and made a part hereof. Sex Offender Registration Requirements do notapply to the Defendant. Tex. Code Crim. Proc. chapter 62. Theage ofthe victim at the time ofthe offense was N/A If Defendant is to servesentenceinTDCJ. enterincarceration periods In chronological order. From 04/13/13 to 12/17/14 Time Credited: If Defendant is to servesentenceincounty iail oris given credit toward fine and costs,enterdayscredited below. N/A DAYS NOTES: N/A All pertinent information, names and assessment* Indicated above are Incorporated Into the language of the judgment below by reference. This cause was called for trial in Rockwall County, Texas, the Court having ordered a change of venue. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) Bl Defendant appeared in person with Counsel. . D Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in wnting 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. Ajury was selected, impaneled, and sworn. The Indictment was read to the jury, and Defendant entered a plea tothe charged offense. The Court received the plea and entered it of record. . . . . . . . . tu •» The jury heard the evidence submitted and argument of counsel. The Court charged the jury asto 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 presenceof Defendant and defense counsel. TheCourt received the verdict and Ordered itentered upon the minutes ofthe Court.
Eric_WiUiams-Judgment Page 1 of 4 Punishment Assessed hy '•"^^"••rt'M" election (select one) <^ B9 Jury. Defendant entereda pleaand filed a written election to havethe jury assess punishment. Thejury heardevidence relative to the question ofpunishment. The Court chargedthe jury and itretired to consider the question of punishment. After due deliberation, the jury was brought intoCourt,and, in open court, it returned its verdictas indicated above. D Court. Defendant elected to have the Courtassess punishment. After hearingevidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. D No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the questionof punishment, the Courtassessed Defendant's punishmentas indicated above. The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, ifso ordered, was done according to the applicable provisionsof Tex. Code Crim. Proc. art. 42.12 § 9. And on the 17th day of December, 2014 this cause being again called, the State appeared by her Criminal District Attorney Pro Tern in Rockwall County, Texas and the defendant, ERIC LYLE WILLIAMS, appeared in person, his counsel also being present, and the same jury being called to assess the punishment, evidence was presented to the same jury in the matter of assessing punishment. The same jury after hearing all the evidence presented bythe State and the defendant for purpose of assessing punishment, and having heard argument ofcounsel, again retired in charge ofthe proper officer to consider their verdict, and afterward were again brought into court by the proper officer, the defendant and his counsel being present, and in dueform of law returned into open court thefollowing verdict, which was received bythe Courtand is herenowentered upon the minutes ofcourt, to-wit:
SPECIAL ISSUE NO. 1
Do you find from the evidence beyond a reasonable doubt that there is a probability thatthe defendant, ERIC LYLE WILLIAMS, would commit criminal acts of violence that would constitute a continuing threat to society?
ANSWER: YES
SPECIAL ISSUE NO. 2
Do you find from the evidence, taking into consideration all the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability ofthedefendant, ERIC LYLE WILLIAMS, that there isa sufficient mitigating circumstance orcircumstances to warrant a sentence oflife imprisonment rather than a death sentence beimposed? ANSWER: NO
The Court Orders Defendant punished as indicated above. TheCourt Orders Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) H Confinement in State Jail or Institutional Division. TheCourt Orpers the authorized agent ofthe State ofTexasor the Sheriff ofthis County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded tothe custody ofthe Sheriff of this countyuntil the Sheriff can obey the directions of this sentence. • County Jail—Confinement / Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody oftheSheriff ofKaufman County, Texas on the date the sentence istocommence. Defendant shall beconfined in the Kaufman County Jail for the period indicated above. • Fine Only Payment. The punishment assessed against Defendant isfor a fine only. The Court Orders Defendant to proceed immediately to the Office of the Kaufman County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution / Suspension of Sentence (select one) 03 The Court Orders Defendant's sentence executed. • The Court Orders Defendant's sentence ofconfinement suspended. The Court Orders Defendant placed oncommunity supervision for the adjudged period (above) so long asDefendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court Orders thatDefendant isgiven credit noted above onthis sentence for thetime spentincarcerated.
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Case No. 32021-422 HLED IN In The 422nd District COURT OF CRIMINAL APPEALS The State of Texas § § M 12 2015 § Court § Eric Lyle Williams § Kaufman County, Texas Abei Acos^ Clerk § state id no.: tx 08840896 § Judgment of Conviction by Jury Date Judgment Judge Presiding: Hon. Michael Snipes 17 December 2014 Entered: Matthew Seymour Bill Wirskye Attorney for John Wright Attorney for State: Defendant: Toby Shook Doug Parks Offense for which Defendant Convicted: Capital Murder Charging Instrument: Statute for Offense:
Indictment 19.03 Date of Offense: 03/30/2013 Degree of Offense: Plea to Offense: Capital Felony Not Guilty Verdict of Jury: Findings on Deadly Weapon: Guilty Yes, a Firearm Plea to 18' Enhancement Plea to 2na Enhancement/Habitual Paragraph: Paragraph: Findings on 1st Enhancement Findings on 2na Enhancement/Habitual Paragraph: Paragraph: Punished Assessed bv: Date Sentence Imposed: Date Sentence to Commence:
Jury 17 December 2014 17 December 2014 Punishment and Place of Degth _ |nstitutiona| Division, TDCJ f*r\ nri nth m a n r • Confinement THIS SENTENCE SHALL RUN CONCURRENTLY. Fine: Court Costs: Restitution: Restitution Payable to:
$n/a $0.00 $n/a D VICTIM (see below) D AGENCY/AGENT (see below) D Attachment A, Order toWithdraw Funds, is Incorporated Into this judgment and made a part hereof. Sex Offender Registration Requirements do notapply to the Defendant. Tex. Code Crim. Proc. chapter 62. Theage ofthe victim at the time ofthe offense was N/A If Defendant is to servesentenceinTDCJ. enterincarceration periods In chronological order. From 04/13/13 to 12/17/14 Time Credited: If Defendant is to servesentenceincounty iail oris given credit toward fine and costs,enterdayscredited below. N/A DAYS NOTES: N/A All pertinent information, names and assessment* Indicated above are Incorporated Into the language of the judgment below by reference. This cause was called for trial in Rockwall County, Texas, the Court having ordered a change of venue. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) Bl Defendant appeared in person with Counsel. . D Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in wnting 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. Ajury was selected, impaneled, and sworn. The Indictment was read to the jury, and Defendant entered a plea tothe charged offense. The Court received the plea and entered it of record. . . . . . . . . tu •» The jury heard the evidence submitted and argument of counsel. The Court charged the jury asto 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 presenceof Defendant and defense counsel. TheCourt received the verdict and Ordered itentered upon the minutes ofthe Court.
Eric_WiUiams-Judgment Page 1 of 4 Punishment Assessed hy '•"^^"••rt'M" election (select one) <^ B9 Jury. Defendant entereda pleaand filed a written election to havethe jury assess punishment. Thejury heardevidence relative to the question ofpunishment. The Court chargedthe jury and itretired to consider the question of punishment. After due deliberation, the jury was brought intoCourt,and, in open court, it returned its verdictas indicated above. D Court. Defendant elected to have the Courtassess punishment. After hearingevidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. D No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the questionof punishment, the Courtassessed Defendant's punishmentas indicated above. The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, ifso ordered, was done according to the applicable provisionsof Tex. Code Crim. Proc. art. 42.12 § 9. And on the 17th day of December, 2014 this cause being again called, the State appeared by her Criminal District Attorney Pro Tern in Rockwall County, Texas and the defendant, ERIC LYLE WILLIAMS, appeared in person, his counsel also being present, and the same jury being called to assess the punishment, evidence was presented to the same jury in the matter of assessing punishment. The same jury after hearing all the evidence presented bythe State and the defendant for purpose of assessing punishment, and having heard argument ofcounsel, again retired in charge ofthe proper officer to consider their verdict, and afterward were again brought into court by the proper officer, the defendant and his counsel being present, and in dueform of law returned into open court thefollowing verdict, which was received bythe Courtand is herenowentered upon the minutes ofcourt, to-wit:
SPECIAL ISSUE NO. 1
Do you find from the evidence beyond a reasonable doubt that there is a probability thatthe defendant, ERIC LYLE WILLIAMS, would commit criminal acts of violence that would constitute a continuing threat to society?
ANSWER: YES
SPECIAL ISSUE NO. 2
Do you find from the evidence, taking into consideration all the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability ofthedefendant, ERIC LYLE WILLIAMS, that there isa sufficient mitigating circumstance orcircumstances to warrant a sentence oflife imprisonment rather than a death sentence beimposed? ANSWER: NO
The Court Orders Defendant punished as indicated above. TheCourt Orders Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) H Confinement in State Jail or Institutional Division. TheCourt Orpers the authorized agent ofthe State ofTexasor the Sheriff ofthis County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded tothe custody ofthe Sheriff of this countyuntil the Sheriff can obey the directions of this sentence. • County Jail—Confinement / Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody oftheSheriff ofKaufman County, Texas on the date the sentence istocommence. Defendant shall beconfined in the Kaufman County Jail for the period indicated above. • Fine Only Payment. The punishment assessed against Defendant isfor a fine only. The Court Orders Defendant to proceed immediately to the Office of the Kaufman County. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution / Suspension of Sentence (select one) 03 The Court Orders Defendant's sentence executed. • The Court Orders Defendant's sentence ofconfinement suspended. The Court Orders Defendant placed oncommunity supervision for the adjudged period (above) so long asDefendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court Orders thatDefendant isgiven credit noted above onthis sentence for thetime spentincarcerated.
IT IS THEREORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED that the said Defendant, ERIC LYLE WILLIAMS, is guilty of the offense of CAPITAL MURDER and that the Defendant committed the said offense on the 30 day of March, 2013 and that the punishment of the said Defendant is fixed, as set by law, at DEATH and that the State of Texas do have and recover of and from the said Defendant all costs inthis proceeding incurred forwhich let execution issue. And the Defendant being 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:
WHEREAS the Defendant, ERIC LYLE WILLIAMS, has been adjudged guilty of the offense of CAPITAL MURDER by the jury and the jury having further answered that there is a probability that the defendant, ERIC LYLE WILLIAMS, would commit cnmmal acts of violence that would constitute a continuing threat to society, and the jury having further answered after taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the
Eric.WUliamsJudfroent Paee2of4 defendant, that there is NO sufficient mitw^ng circumstance or circumstances to warrant^^ asentence of life imprisonment rather than a death sentence be imposed,
IT IS THE ORDER AND SENTENCE OF THIS COURT that you, ERIC LYLE WILLIAMS, having been adjudged to be guilty of capital murder and whose punishment has been assessed by the verdict of the jury and the 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, 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 your death and until you are dead, such procedure to be determined and supervised by the said Director of the Institutional Division of the Texas Department of Criminal Justice.
The Clerk of this Court shall issue this Order of Execution and Death Warrant and deliver the 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 this Order of Execution and Death Warrant has been served and delivered as directed.
IT IS FINALLY ORDERED that the Director of the Institutional Division of the Texas Department of Criminal Justice shall endorse the Sheriffs return showing receipt of this Order of Execution and Death Wan-ant.
The Court Orders that the Defendant is given credit noted above on this sentence for the time spent incarcerated.
it is further ORDERED that the costs to Kaufman County for the payment of this defendant's court-appointed attorney, if any, is taxed against this defendant as court costs. The District Clerk is granted leave to amend the court costs to reflect this amount without the necessity of a further order.
Following the disposition of this cause, the defendant's fingerprints were, in open court, placed upon a Judgment Certificate of Defendant's Prints. Said Certificate is attached hereto and is incorporated by reference as part of this Judgment. Furthermore, the following special findings or orders apply:
Signed this 17th day of December, 2014.
Michael Snipes JUDGE PRESIDING
EriOVilliams-Judgment Page 3 of 4 O Case No. 32021-422 The State of Texas § In The 422nd Judicial § § District Court § Eric Lyle Williams § Kaufman County, Texas § State ID No.: TX 08840896 §
Judgment Certificate of Defendant's Prints
Defendant's Right Thumb Defendant's Hand
THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARETHE ABOVE NAMED DEFENDANT'S FINGERPRINTS TAKEN ATTHE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.
DONE IN OPEN COURT ON THIS THE 17TH DAY OF DECEMBER, 2014.
s?f '?n/&>- District Clerk or Deputy
Indicate here if print otherthan the defendant's right thumb is placed in box:
D Left Thumbprint
D Left/Right Intex Finger Q-n-^. • Other: ;,iWdahughey,disthici clerk ^UaaANCOUNTY,.TXp ^WHubUff*v Deputy
Eric...Williams-Judgment Page 4 of 4 >Lf-~n,6»
THE STATE OF TEXAS CAUSE NO. 32021-422
VS. 422nd JUDICIAL DISTRICT COURT
ERIC LYLE WILLIAMS KAUFMAN COUNTY, TEXAS
DEFENDANT'S NOTICE OF APPEAL AND PAUPER OATH APPOINTMENT OF ATTORNEY ON APPEAL
The Court finds that the Defendant in the above cause was convicted in this cause for the
offense of Capital Murder and was sentenced to death as the result of the jury's answers to special issues in the punishment stage and now gives notice of Appeal to the Texas Court of Criminal Appeals. The Court finds that the Defendant is indigent and too poor to employ counsel to represent him on the appeal, and too poor to pay for and or give security for the Statement of Facts and a true copy thereof herein. The Court orders the Court Reporter to prepare and deliver to appointed Counsel the original and a true copy of the Statement of Facts in this case, together with all exhibits attached thereto pursuant to its rules of appellate procedure. C3 <33
e ££ ORDER 'ycsu-'c
It is ordered the Honorable John Tatum SBOT# 19672500, 990 South Shern&fxSt, ° ; • £^ v Richardson, Texas 75081, Ph #972-705-9200, a duly licensed and approved attomeyrt^hariSBe — ^~ up death penalty appeals is hereby appointed to represent Defendant in prosecuting|ds appeal .11 -< *" herein, and it is further Ordered that the Court Reporter is hereby directed to transcribe all of the notes as same mayappertain to this causeand as takenduring the trial of this cause and make Statement of Facts in duplicate and furnish same to defendant or his appointed Counsel. SIGNED this the '^dav of December, 2014.
JUDGE PRESIDING