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Edward Capetillo
Texas
Date of Execution: Granted a stay by the US Supreme Court pending a decision in Simmons.
Case Overview
Edward Capetillo, a Latino male, was 17 years of age at the time of his arrest for the murder of Kimberly Williamson on January 16, 1995. Prior to the crime, Capetillo had no previous criminal record.
Facts of the Case
On the evening of January 16, 1995, Edward Capetillo, James Duke, Curtis Duke, Ryan Spillane, and Michael Wilson congregated at the Duke's apartment. Prior to Captetillo's arrival, the group had been discussing various methods of obtaining money to allow James Duke to purchase marijuana. James Duke's suggestion of robbery was met with little support. Another suggestion was to sell Spillane's .38 caliber handgun and an electronic scale. Wilson suggested that a friend called Matt Vickers might be interested in purchasing both items. Wilson rang him to offer both items but Vickers declined. After the telephone conversation, Spillane suggested robbing Vickers, as he believed him to have both marijuana and $1,000.
When Capetillo arrived he agreed to join the others in robbing Vickers. The group then drove to Vicker's house in a vehicle that James Duke had stolen earlier that week.
That evening Vickers was at home with his 19 year old sister, Allison, her friend Kimberley Williamson who was staying at the Vickers' home, and Matt Vickers' friend Grant Barnett. The Vickers' father was away attending a business meeting.
Capetillo and the group drove to a park near the Vickers' home. Leaving his friends in the car, Wilson surveyed the house to ascertain who was in and their location within the house.
Allison Vickers and Kimberly Williamson were upstairs in Williamson's room. Williamson was talking to her father on the phone when Capetillo, armed with a rifle, and another person entered the room and ordered them downstairs. Allison Vickers ran downstairs and managed to escape through the front door. She ran to a neighbour's house where she called the police. Capetillo sent Curtis Duke to search for Allison Vickers. However, he could not find her and returned to the house. Matt Vickers and Grant Barnett were ordered into a room on the ground floor with Kimberley Williamson. Capetillo demanded money and marijuana. Grant Barnett surrendered $18. Matt Vickers told Capetillo that he did not have any money or marijuana and demanded that Capetillo leave the house. An argument ensued between Capetillo and Matt Vickers. At this point James Duke entered the room pointing a .38 caliber handgun at Grant Barnett. As the argument escalated, James Duke and Capetillo began shooting. Both Matt Vickers and Grant Barnett were shot. Kimberley Williamson ran into another room, where she tripped and fell. Capetillo chased her and shot her at least twice in the neck and chest. Capetillo then fled the scene.
Kimberley Williamson and Matt Vickers died from their injuries. Grant Barnett survived despite being shot three times; once in the back by a .22 caliber bullet and twice with .38 caliber bullets.
Kimberley Williamson's autopsy revealed that that she had been shot three times: in the neck behind her right ear, in the back, and through her arm into her chest. The autopsy also showed that the gun had on at least one occasion been placed directly against her before being discharged and that the weapon used was a .22 caliber rifle. Matt Vickers was also shot three times: in the forehead and wrist with a .22 caliber weapon and in the back with a .38 caliber weapon.
On December 21, 1995 Capetillo was charged with the capital murder of Kimberley Williamson, while in the course of robbing Grant Barnett and attempting to rob Matthew Vickers. On January 31, 1996 Capetillo was convicted of these offenses and sentenced to death.
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