Introduction of Edgar Tamayo´s case.

Introduction of Edgar Tamayo´s case.

Tamayo and Jesus Mendoza were arrested in the parking lot of a bar in Harris County, Texas, on January 31, 1994, for robbing a patron. After the men were searched and handcuffed, Officer Guy Gaddis of the Houston Police Department placed them in a patrol car, with Tamayo seated behind Officer Gaddis. When Officer Gaddis stopped to make a phone call, Tamayo revealed to the other passenger that he had a gun in his waistband.

The evidence at trial showed that Tamayo managed to remove the gun from his waistband despite the fact that he was handcuffed. When Officer Gaddis returned to the vehicle and drove away, Tamayo shot Officer Gaddis multiple times. The patrol car crashed into a residence, and Tamayo escaped through a broken window.

The police were called to the scene and captured Tamayo as he ran down the street near the crash, still handcuffed. Officer Gaddis was taken to the hospital immediately, but he was pronounced dead upon arrival. Tamayo gave two written statements admitting that he had the gun in the police car, that he shot Officer Gaddis, and that he knew Gaddis was a police officer. At trial, the evidence indicated that Tamayo, rather than Mendoza, was the shooter.

The State also presented evidence that Tamayo had purchased the gun several days before the murder. The jury found Tamayo guilty of capital murder and subsequently sentenced him to death.

Under Texas law, the rules of evidence Prevent Un certain prior criminal acts from being Presented to a jury During the guilt-innocence phase of the trial. However, eleven defendant is found guilty, jurors are Presented information about the defendant's prior criminal conduct During the second phase of the trial - which is When They determine the defendant's punishment.

During the punishment phase of Tamayo's trial, the State offered Preferred evidence of Tamayo's criminal history and convictions, Which included threatening bodily harm to several people. The evidence offered Preferred Also State That Tamayo fired a gun in a mobile home park in the direction of other mobile homes and, on another occasion, a man was spotted chasing while in possession of a gun.

As mitigation evidence, counsel offered Preferred Tamayo's testimony of the three bailiffs who Tamayo escorted to and from the courtroom, who Stated That He was respectful and HAD never been violent. Two former co-workers testified That Tamayo worked with them and That They Had no trouble with him.

Finally, Tamayo Tamayo's parents testified That HAD Average User in trouble as a child and That I never wanted for food or shelter. Both parents Indicated That They Were sorry for the pain are Caused Their Gaddis's family and pleaded With the jury to spare Tamayo's life. In rebuttal, the State called

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