Joshua Maxwell
Joshua Maxwell, 31, was executed by lethal injection on 11 March 2010
in Huntsville, Texas for the murder of a sheriff's deputy.
Rudolfo Lopes, a sergeant with the Bexar County Sheriff's Department,
was scheduled to work at the Bexar County Jail from 10 a.m. to 9 p.m.
on 11 October 2000. When his wife saw him leave the house that morning
in his gold four-door Chevrolet pickup, he was wearing a gold chain
necklace with a cross and anchor pendant. He was also carrying a
briefcase and his department-issue Glock pistol. He never reported for
work or came home that night.
Shortly after 7 p.m. that evening, someone using Lopes's ATM card made
two successful cash withdrawals of $300 and $100 at a San Antonio
branch of the Security Service Federal Credit Union. A surveillance
camera showed a woman leaning out of the driver's side of a vehicle
using the ATM.
At about 9 p.m., Charles Dudley, the owner of a martial arts school in
a San Antonio strip center, left for work with this family. They
noticed a gold Chevrolet pickup truck driving around to the back of
the center. They decided to follow the truck to see what was going on.
Dudley saw the truck parked next to a hole in the privacy fence that
separated the strip center from the field behind it. He observed a
woman with long, bushy hair and glasses sitting in the driver's seat
and a man slumped down in the passenger seat. As Dudley drove by, the
man and woman stared straight ahead. Thinking it odd, Dudley slowly by
them a second time and put his headlights on the truck. The man and
woman continued sitting in the truck, staring straight ahead.
Between 9 and 10 p.m., Debra Guzman, who lived in a residential area
behind the strip center, was watching the Presidential Debate with her
husband. She heard one loud gunshot some time during the debate.
A young girl discovered Lopes's body in the field behind the strip
center on 12 October. Lopes was blindfolded and was lying face down
with his arms inside his shirt and his hands bound together with a
clear telephone cord. A white cotton cord was tied around one of his
wrists. Police found a 9-mm shell casing on the ground near his body.
He died from a single gunshot to the chest.
At 4:15 a.m. on 12 October, a security guard at the Windsor Park Mall
in San Antonio ticketed a gray Chevrolet Corsica with Florida license
plates for overnight parking. The abandoned Corsica continued to
receive parking tickets until it was reported to police on October 15.
The police discovered that the vehicle identification number and the
license plate did not match and that the vehicle was flagged in
reference to a homicide case out of state. Inside the car were letters
referring to Joshua Maxwell, then 22, and Tessie McFarland, 20. Police
also found a photograph of Maxwell and McFarland, a motel receipt
bearing the name Trina Dorris, a package of cigarettes, and a dead
lizard.
At 4:40 p.m. on 17 October in San Francisco, California, police
officers Joseph Juarez and Jesus Pena observed a gold pickup truck
speeding through an intersection, almost hitting a pedestrian. They
followed the truck and pulled it over. They approached the truck and
ordered the driver to turn off the engine. The male driver instead
drove off and led them on a chase through downtown San Francisco. At
one point during the chase, the driver fired a shot that struck the
officers' windshield. More police joined the chase, and the driver and
police exchanged gunfire. The chase ended when the truck became stuck
in traffic.
The driver and passenger of the truck were identified as Maxwell and
McFarland. Maxwell was wearing a gold necklace when he was arrested.
Police searched the truck and found Lopes's badge, credit card, Glock
pistol, and briefcase. They also found a Chinese 9-mm pistol and an
identification card from the State of Indiana with McFarland's picture
and the name Trina Dorris.
Maxwell told police he lured Lopes by placing a personal ad with a
telephone dating service, saying he wanted to meet gay or bisexual men
who were willing to have sex while his wife watched.
At Maxwell's trial, the medical examiner testified that the victim was
killed by a single gunshot to the top of his head. The bullet exited
the victim's chin, then re-entered his body through his chest. A
firearms expert testified that the Chinese pistol found in the
victim's truck was the murder weapon.
Robert Brown testified that prior to Lopes's murder, he met Maxwell
and McFarland in San Antonio after responding to their ad on a "dating
telephone line" advertised in a magazine. Two or three days after
their initial meeting, the couple - who called themselves "Mo" and
"Trina" - told him they were in town for a friend's wedding and needed
a place to stay overnight. They spent the night at Brown's apartment
and gave him a ride to the liquor store the next day. Brown testified
that they drove a gray car with Florida license plates, and that there
was a container in the car that had a chameleon inside.
Officers Calvin Robinson and Wendell Busby testified that they were
working at the Bexar County Jail while Maxwell was awaiting trial.
Maxwell became agitated and threatened to kill Robinson, just as he
had killed their colleague. Maxwell then mimicked his murder of Lopes
and mocked how he begged for his life.
Maxwell and McFarland were wanted for the murder of Robbie Bott in
Mooresville, Indiana on 12 September. Bott was abducted and forced to
put expensive items on his credit card and to make cash withdrawals
for two days before eventually being shot in the torso. His body was
placed in the trunk of his car, which was then set on fire.
Maxwell also had a lengthy juvenile and adult criminal record in
Indiana, including a felony theft conviction.
A jury convicted Maxwell of the capital of murder Rudolfo Lopes in March
2002 and sentenced him to death. The Texas Court of Criminal Appeals
affirmed the conviction and sentence in November 2004. All of his
subsequent appeals in state and federal court were denied.
He was also convicted in Indiana of Bott's killing and was sentenced
to 91 years in prison.
Tessie McFarland testified against her boyfriend at the trial for
Lopes's murder. She pleaded guilty to capital murder and was sentenced
to life in prison. She also pleaded guilty to confinement and arson in
Bott's killing and received a 30-year sentence. She remains in custody
in Texas as of this writing.
"There's really no explanation," Maxwell told a reporter from death
row a few days before his execution. "All the way from the top to the
bottom, just senseless."
Maxwell said that his three teenaged children live Indiana and have
visited him a couple of times, but mostly write. "I love my kids, and
I regret the fact that this guy's family is going through this," he
said.
Despite his remorse, Maxwell protested against his upcoming execution.
"I need to be locked up, no doubt about it," he said. "But me dying
isn't going to solve anything."
"I'm still very angry," Sgt. Lopes's sister said when asked to comment
on the upcoming execution. "Maxwell, when he was housed here in Bexar
County, he mocked my brother. He mocked that he begged for his life,
and I'll always remember that."
"I don't think there's closure," she said. I don't know what that is.
But, it's a way of moving on."
At his execution, Maxwell made a last statement that alternated
sentiments of remorse with arguments against his execution. "I want to
address you. I am sorry. I don't know who you are," he said to
relatives of his two victims, who watched from a few feet away. "I am
sorry I put you through some things that I can't take back. I am
sorry. This isn't going to change anything. Sorry for putting you
through this. This is creating more victims. I am sorry I put you
through this. I love you man, I love you. This is not gonna change
anything."
"Let this be a lesson," he continued. "Your decisions affect
everybody." After offering more apologies and expressing love to his
family, he concluded his last statement. The lethal injection was then
started. He was pronounced dead at 6:27 p.m.

By David Carson. Posted on 15 March 2010.
Sources: Texas Attorney General's office, Texas Department of
Criminal Justice, Associated Press, San Antonio Express-News, court documents.
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