Murder trial in death of warden begins
Death penalty case is the first in decades for Wharton County
A Wharton County jury will begin hearing testimony today in the trial of a man accused of killing a Texas Parks and Wildlife Department game warden, marking the county's first death penalty trial in nearly 30 years.
James Garrett Freeman, 27, of Lissie could be sentenced to death if convicted of capital murder. He is accused of shooting game warden Justin P. Hurst, 34, of El Campo, following a lengthy police chase last year.
A jury of nine women and three men will gather in state District Judge Randy Clapp's court for the trial, which is expected to last about three weeks.
Former Harris County prosecutor Kelly Siegler will assist Wharton County District Attorney Josh McCown with the case. Siegler, one of Houston's most high-profile prosecutors, resigned earlier this year after losing the race for Harris County district attorney in March's Republican primary.
Jurors will likely see video of the shootout that led to Hurst's death and the chase that preceded it — footage captured by cameras mounted in police cars involved in the 90-minute pursuit.
McCown had just bought video equipment for Hurst's patrol car three months earlier with money seized from criminals.
Freeman, a welder with no history of serious crimes, did not intend to shoot anyone, said his attorney, Stanley Schneider.
"The bottom line — any way you look at it — this is a tragedy because you have two families that have been destroyed," Schneider said. "How do you explain the unexplainable?"
McCown argued those who kill officers in the line of duty deserve the stiffest punishment possible.
"I personally believe those guys who get up in the morning and put on a badge and strap on a gun are entitled to expect that," McCown said. " ... I believe we owe them that.
"I believe that someone who kills a cop is just a little more culpable than, say, some thug who, in the heat of an armed robbery, kills someone," McCown said.
Hurst's mother, Pat Hurst of El Campo, declined to comment, and his widow, Amanda Hurst, could not be reached.
Shot twice
Justin Hurst died on his 34th birthday from a gunshot that ripped through his left arm and torso, an autopsy report shows.
A second shot, which struck his left buttock and exited his left hip, was not fatal.
He was the first Texas game warden shot to death in the line of duty since 1973.
The confrontation began late March 16, 2007, within a half-mile of Freeman's home as Justin Hurst and another game warden checked on night hunters.
Freeman sped away when the other game warden, who had seen a spotlight and heard a gunshot, approached his pickup, officials say. The game warden followed him. Justin Hurst, working at the other end of the county, later joined in the chase.
Seven patrol cars belonging to the game wardens, Wharton County sheriff's deputies, constables and Department of Public Safety troopers chased Freeman for 90 minutes in a route that meandered all over Wharton County and dipped into part of Colorado County. Toward the end of the pursuit, Freeman's truck tires were punctured when he drove over spikes troopers threw on the road.
Officials say Freeman then stopped his truck near a cemetery in Lissie, where he got into a shootout with the officers. After Justin Hurst was shot, Freeman tried to run but fell when officers shot him four times in the legs and elbow, officials say.
Justin Hurst was flown to Houston, where he was pronounced dead at 1:42 a.m. March 17, minutes after the chase ended.
"The way he lost his life, there was no sense in that — no sense whatsoever," said friend Larry Janik, a nuisance control hunter for Texas Parks and Wildlife who helps corral loose alligators.
"I was on the way home when I got the phone call. ... I don't get broken up a lot, but I cried like a baby when I heard," Janik said.
A dead opossum was later found in the area where Freeman had been parked when he first drew a game warden's attention.
Freeman had a history of only minor offenses before the shooting, such as a drunken-driving arrest in Fort Bend County in 2005 and traffic violations, Schneider said.
Freeman's family declined to comment.
He attended East Bernard High School, and his family has lived in Wharton County for several generations. His father, Jim Freeman, has owned a welding business in Lissie for 20 years.
To win a conviction, prosecutors must prove that Freeman intentionally shot Justin Hurst.
A 'Super Cadet'
Freeman's case is the first death penalty trial in Wharton since 1979.
The last was the trial of Donald Lee Vignault, who was sentenced to death for killing a Bay City convenience store clerk.
Vignault died on death row from lung cancer in 1997.
Justin Hurst, the married father of an infant boy, specialized in waterfowl and alligators during his 12-year career with Texas Parks and Wildlife. The Texas A&M University graduate worked at the J.D. Murphree Wildlife Management Area in Port Arthur and the former Peach Point Wildlife Management Area now named in his honor in Brazoria County.
When he enrolled in the Texas Game Warden Academy in 2002, he became known as "Super Cadet" among his classmates.
Quiet and softspoken, Justin Hurst was devoted to his family, friends said. His parents had moved to El Campo to join him and his wife several months before his death.
"He's a person who will be missed around our area for a long time," Janik said.
Death penalty case is the first in decades for Wharton County
A Wharton County jury will begin hearing testimony today in the trial of a man accused of killing a Texas Parks and Wildlife Department game warden, marking the county's first death penalty trial in nearly 30 years.
James Garrett Freeman, 27, of Lissie could be sentenced to death if convicted of capital murder. He is accused of shooting game warden Justin P. Hurst, 34, of El Campo, following a lengthy police chase last year.
A jury of nine women and three men will gather in state District Judge Randy Clapp's court for the trial, which is expected to last about three weeks.
Former Harris County prosecutor Kelly Siegler will assist Wharton County District Attorney Josh McCown with the case. Siegler, one of Houston's most high-profile prosecutors, resigned earlier this year after losing the race for Harris County district attorney in March's Republican primary.
Jurors will likely see video of the shootout that led to Hurst's death and the chase that preceded it — footage captured by cameras mounted in police cars involved in the 90-minute pursuit.
McCown had just bought video equipment for Hurst's patrol car three months earlier with money seized from criminals.
Freeman, a welder with no history of serious crimes, did not intend to shoot anyone, said his attorney, Stanley Schneider.
"The bottom line — any way you look at it — this is a tragedy because you have two families that have been destroyed," Schneider said. "How do you explain the unexplainable?"
McCown argued those who kill officers in the line of duty deserve the stiffest punishment possible.
"I personally believe those guys who get up in the morning and put on a badge and strap on a gun are entitled to expect that," McCown said. " ... I believe we owe them that.
"I believe that someone who kills a cop is just a little more culpable than, say, some thug who, in the heat of an armed robbery, kills someone," McCown said.
Hurst's mother, Pat Hurst of El Campo, declined to comment, and his widow, Amanda Hurst, could not be reached.
Shot twice
Justin Hurst died on his 34th birthday from a gunshot that ripped through his left arm and torso, an autopsy report shows.
A second shot, which struck his left buttock and exited his left hip, was not fatal.
He was the first Texas game warden shot to death in the line of duty since 1973.
The confrontation began late March 16, 2007, within a half-mile of Freeman's home as Justin Hurst and another game warden checked on night hunters.
Freeman sped away when the other game warden, who had seen a spotlight and heard a gunshot, approached his pickup, officials say. The game warden followed him. Justin Hurst, working at the other end of the county, later joined in the chase.
Seven patrol cars belonging to the game wardens, Wharton County sheriff's deputies, constables and Department of Public Safety troopers chased Freeman for 90 minutes in a route that meandered all over Wharton County and dipped into part of Colorado County. Toward the end of the pursuit, Freeman's truck tires were punctured when he drove over spikes troopers threw on the road.
Officials say Freeman then stopped his truck near a cemetery in Lissie, where he got into a shootout with the officers. After Justin Hurst was shot, Freeman tried to run but fell when officers shot him four times in the legs and elbow, officials say.
Justin Hurst was flown to Houston, where he was pronounced dead at 1:42 a.m. March 17, minutes after the chase ended.
"The way he lost his life, there was no sense in that — no sense whatsoever," said friend Larry Janik, a nuisance control hunter for Texas Parks and Wildlife who helps corral loose alligators.
"I was on the way home when I got the phone call. ... I don't get broken up a lot, but I cried like a baby when I heard," Janik said.
A dead opossum was later found in the area where Freeman had been parked when he first drew a game warden's attention.
Freeman had a history of only minor offenses before the shooting, such as a drunken-driving arrest in Fort Bend County in 2005 and traffic violations, Schneider said.
Freeman's family declined to comment.
He attended East Bernard High School, and his family has lived in Wharton County for several generations. His father, Jim Freeman, has owned a welding business in Lissie for 20 years.
To win a conviction, prosecutors must prove that Freeman intentionally shot Justin Hurst.
A 'Super Cadet'
Freeman's case is the first death penalty trial in Wharton since 1979.
The last was the trial of Donald Lee Vignault, who was sentenced to death for killing a Bay City convenience store clerk.
Vignault died on death row from lung cancer in 1997.
Justin Hurst, the married father of an infant boy, specialized in waterfowl and alligators during his 12-year career with Texas Parks and Wildlife. The Texas A&M University graduate worked at the J.D. Murphree Wildlife Management Area in Port Arthur and the former Peach Point Wildlife Management Area now named in his honor in Brazoria County.
When he enrolled in the Texas Game Warden Academy in 2002, he became known as "Super Cadet" among his classmates.
Quiet and softspoken, Justin Hurst was devoted to his family, friends said. His parents had moved to El Campo to join him and his wife several months before his death.
"He's a person who will be missed around our area for a long time," Janik said.
Trial begins for man accused of killing Wharton game warden
WHARTON -- A Wharton County man accused of killing a Texas game warden after a lengthy police chase "intended to commit a massacre," a prosecutor told jurors this morning.
But James Garrett Freeman, 27, was suicidal, his attorney said, suggesting the unemployed welder tried to provoke officers into killing him.
Freeman's trial began in Wharton today, marking the first time this small town 60 miles southwest of Houston has seen a death penalty trial in nearly 30 years. He could be sent to death row if convicted of capital murder for the shooting death of Texas Parks and Wildlife Department game warden Justin Hurst last year.
Jurors saw video recorded by police cars' dash cameras of Freeman bolting from his small pickup and firing multiple shots at the officers chasing him during the early morning hours of March 17, 2007, in his hometown of Lissie.
In one segment viewed by jurors, a video of Freeman opening fire ended abruptly, causing the screen in the courtroom to turn blank with static, because the armed man had shot an officer's dashboard video camera, destroying it.
After sideswiping Hurst's pickup, Freeman fired at least 38 shots from two different guns at the nine officers chasing him that night, taking cover behind his pickup to avoid injury, prosecutor Kelly Siegler told the jury.
Siegler, a former Harris County assistant district attorney who resigned earlier this year after losing her first bid for the top prosecutor's job in the Republican primary, described Freeman as "very proficient" in handling weapons.
"He shot right handed and left handed," Siegler told the jury in her opening statement. "He acted just like a military-trained or law enforcement trained officer would. He knew exactly what he was doing."
Freeman fired all 11 rounds from a Glock .357 before grabbing a semi-automatic AK 47 from his truck and opening fire again, Siegler said. Only three rounds were left in the AK 47's 30-round clip when it was recovered, she said.
Hurst was shot twice after he returned fire while standing in a crouched position. One shot, which blasted through his left arm and torso, was fatal. He was the first Texas game warden shot to death in the line of duty since 1973.
Freeman, who then tried to run, was caught when officers shot him four times.
"You ask yourself why?" Siegler said of the defendant's motive. "It's not real complicated — he didn't want to go to jail."
Freeman, who was on probation at the time of the shootout for a 2005 drunken driving conviction in Fort Bend County, had already been warned he faced arrest for not completing the terms of his probation, Siegler said.
Freeman was also drunk on the night of the shootout, having a blood alcohol concentration of at least 0.08, she said.
But defense attorney Stanley Schneider suggested Freeman was trying to commit "suicide by cop," engaging in threatening behavior to induce police into shooting him because his life was spiraling out of control.
Freeman was depressed because his 2005 drunken driving arrest marked his third alcohol-related offense and caused him to lose his driver's license for two years, which meant he couldn't work, Schneider said.
Unemployed with little income, Freeman also was struggling with his friends leaving him behind, the pending loss of his rent house and the death of his dog, Schneider said.
"You will see a downward spiral in his life of hopelessness," Schneider told the jury. "And when he became hopeless, he became indifferent about whether he would live or die.
"He's living the same life that he was at 14. And the rest of his friends are getting on with their lives," Schneider said. "Everyone was moving on, and Garrett was staying stagnate."
Freeman's friends frequently heard him suggest he would put a bullet in his own head or "check out," Schneider told the jury.
Video also shows that Freeman twice exposed himself to the officers' gunfire that night, Schneider argued. Freeman did not plan to hurt anyone, Schneider said.
At least nine Texas game wardens and others watched testimony today along with Hurst's parents and widow, who continue to reside in El Campo.
Freeman's parents and brother also sat quietly in the courtroom, watching video of the shootout.
The case is Wharton's first death penalty trial since 1979. The trial is expected to last about three weeks.
WHARTON -- A Wharton County man accused of killing a Texas game warden after a lengthy police chase "intended to commit a massacre," a prosecutor told jurors this morning.
But James Garrett Freeman, 27, was suicidal, his attorney said, suggesting the unemployed welder tried to provoke officers into killing him.
Freeman's trial began in Wharton today, marking the first time this small town 60 miles southwest of Houston has seen a death penalty trial in nearly 30 years. He could be sent to death row if convicted of capital murder for the shooting death of Texas Parks and Wildlife Department game warden Justin Hurst last year.
Jurors saw video recorded by police cars' dash cameras of Freeman bolting from his small pickup and firing multiple shots at the officers chasing him during the early morning hours of March 17, 2007, in his hometown of Lissie.
In one segment viewed by jurors, a video of Freeman opening fire ended abruptly, causing the screen in the courtroom to turn blank with static, because the armed man had shot an officer's dashboard video camera, destroying it.
After sideswiping Hurst's pickup, Freeman fired at least 38 shots from two different guns at the nine officers chasing him that night, taking cover behind his pickup to avoid injury, prosecutor Kelly Siegler told the jury.
Siegler, a former Harris County assistant district attorney who resigned earlier this year after losing her first bid for the top prosecutor's job in the Republican primary, described Freeman as "very proficient" in handling weapons.
"He shot right handed and left handed," Siegler told the jury in her opening statement. "He acted just like a military-trained or law enforcement trained officer would. He knew exactly what he was doing."
Freeman fired all 11 rounds from a Glock .357 before grabbing a semi-automatic AK 47 from his truck and opening fire again, Siegler said. Only three rounds were left in the AK 47's 30-round clip when it was recovered, she said.
Hurst was shot twice after he returned fire while standing in a crouched position. One shot, which blasted through his left arm and torso, was fatal. He was the first Texas game warden shot to death in the line of duty since 1973.
Freeman, who then tried to run, was caught when officers shot him four times.
"You ask yourself why?" Siegler said of the defendant's motive. "It's not real complicated — he didn't want to go to jail."
Freeman, who was on probation at the time of the shootout for a 2005 drunken driving conviction in Fort Bend County, had already been warned he faced arrest for not completing the terms of his probation, Siegler said.
Freeman was also drunk on the night of the shootout, having a blood alcohol concentration of at least 0.08, she said.
But defense attorney Stanley Schneider suggested Freeman was trying to commit "suicide by cop," engaging in threatening behavior to induce police into shooting him because his life was spiraling out of control.
Freeman was depressed because his 2005 drunken driving arrest marked his third alcohol-related offense and caused him to lose his driver's license for two years, which meant he couldn't work, Schneider said.
Unemployed with little income, Freeman also was struggling with his friends leaving him behind, the pending loss of his rent house and the death of his dog, Schneider said.
"You will see a downward spiral in his life of hopelessness," Schneider told the jury. "And when he became hopeless, he became indifferent about whether he would live or die.
"He's living the same life that he was at 14. And the rest of his friends are getting on with their lives," Schneider said. "Everyone was moving on, and Garrett was staying stagnate."
Freeman's friends frequently heard him suggest he would put a bullet in his own head or "check out," Schneider told the jury.
Video also shows that Freeman twice exposed himself to the officers' gunfire that night, Schneider argued. Freeman did not plan to hurt anyone, Schneider said.
At least nine Texas game wardens and others watched testimony today along with Hurst's parents and widow, who continue to reside in El Campo.
Freeman's parents and brother also sat quietly in the courtroom, watching video of the shootout.
The case is Wharton's first death penalty trial since 1979. The trial is expected to last about three weeks.