Guilty of Capital Murder~RIP, GW Hurst!

[Joey~AP]

TTT

[Hot4huntin]

Man convicted of capital murder in game warden's death

By PEGGY O'HARE
Copyright 2008 Houston Chronicle

A Wharton County jury convicted an unemployed welder of capital murder Monday, ensuring he will face the death penalty or spend the rest of his life in prison for killing a state game warden.

James Garrett Freeman, 27, of Lissie, showed no emotion as the jury's verdict was announced after nearly three hours of deliberations. He will return to court today as the punishment phase of his case begins.

Jurors concluded Freeman intentionally killed Texas Parks and Wildlife game warden Justin Hurst, 34, after a lengthy police chase in Wharton and Colorado counties last year. Hurst, one of seven officers who closed in on Freeman after a 90-minute pursuit, was the first game warden shot to death in the line of duty since 1973.

Prosecutors contended Freeman deliberately executed Hurst on March 17, 2007, knowing he was a peace officer. Defense attorneys alleged Freeman acted recklessly without thinking of the consequences when he fired nearly 40 shots from two guns as officers tried to capture him.

The slain game warden's family remained calm, but wept after the verdict was announced. "Nobody wins in these situations," said his widow, Amanda Hurst of El Campo, after numerous other game wardens lined up to hug her. Hurst's father expressed sorrow for the convicted killer's family, who also cried at the verdict. "You feel sorry for his family, too, because he's got a good family. And his brother is good," said Allen Hurst of El Campo.

During closing arguments Monday, Houston defense attorney Stanley Schneider suggested Freeman was guilty only of the lesser charge of manslaughter because he acted recklessly, with no intent to hurt anyone.
Prosecutors scoffed at that, however, arguing Freeman fired all the rounds from a Glock pistol before opening fire with an AK-47 rifle, striking Hurst twice and hitting numerous police vehicles with a barrage of 29 bullets.

Schneider suggested depression and an alcohol problem drove Freeman to attempt "suicide by cop" — trying to provoke officers to shoot him — when he bailed from his car with a gun on a dark, rural road after his tires were punctured, ending the chase.

Hurst, on duty and in uniform, had joined in the pursuit to help other officers and was taking aim at Freeman when he was hit. He died at a Houston hospital minutes after arriving by medical helicopter. "Garrett Freeman disregarded a known risk — that if he fired a gun, someone could get hurt," Schneider told the jury.
"Did he want to kill Justin Hurst? No. Is there any evidence that he aimed at Justin Hurst? No. Is there any evidence he even saw Justin Hurst? No."
Wharton County District Attorney Josh McCown and special prosecutor Kelly Siegler dismissed the "suicide by cop" theory as an insult to the jury's intelligence. "While he's firing, he makes himself a moving target that's harder to hit," McCown said. "He retreated and grabbed an AK-47. ... This wasn't luck. This was cold, calculated capital murder."

Prosecutors said they could not explain why Freeman reacted so erratically just because another game warden had tried to stop him and ticket him for shooting at an animal on a dark country road. They argued Freeman steadily took aim at Hurst and the other officers, including one who ducked beneath his dashboard before his windshield was shot out. Much of the shooting was captured on video by police cars' dashboard cameras — footage viewed in court by the jury. "To take an AK-47 and sight a human being with it — a father, husband and friend — that ain't reckless," said Siegler, a former Harris County prosecutor who resigned after losing the Republican nomination for Harris County district attorney earlier this year.

Freeman, already in trouble for not complying with the terms of his probation for a drunken-driving conviction, resisted because he knew he would go to jail if stopped by police, prosecutors said. He tried to run after shooting Hurst, but collapsed when officers shot him. A capital murder conviction has only two possible punishments — the death penalty or life in prison. The trial is the first potential death-penalty case considered by a Wharton County jury in nearly 30 years.

State officials react to verdict in trial of game warden shooter

AUSTIN - Texas Parks and Wildlife Department officials have reacted to the guilty verdict handed down Monday in the capital murder trial of Garrett Freeman in the death of Game Warden Justin Hurst on March 17, 2007.
"We are all very relieved by the verdict that was rendered by the jury today," said TPWD Executive Director Carter Smith. "It is a fitting decision given the horrific nature of the crime committed against our colleague. Our prayers and thoughts remain with Justin's wife and son, and with his parents and family, as they continue to cope with his loss."

Seventeen game wardens have died in the line of duty since 1919.

"We feel for the families that were affected by the senseless killing of Game Warden Hurst and are grateful that in the end, justice was served," said Col. Pete Flores, TPWD's Law Enforcement Division director.

Hurst began his TPWD career as a wildlife biologist and spent six years at the 15,612-acre wildlife management area formerly known as Peach Point WMA in Brazoria County. The wildlife management area, where Hurst conducted research on mottled ducks and other wildlife, was renamed in his honor Oct. 12, 2007.

Hurst graduated from the 48th Texas Game Warden Academy in August 2002, and after a year in Brazos County transferred to Wharton County.

[bowhuntingw]

i'm ready for it to all be over. i knew justin pretty well and saw him at regional meetings all the time. yeah, the **** is going to hopefully get what's coming, but it still hurts to think about what happened. i still remember my last handshake and conversation with justin. stuff like that lingers in you for a long time.

[Hot4huntin]

The jury is out deciding punishment.

[Landrover]

And now the wait begins! My prayers continue for the family in this very tragic event.

[Hot4huntin]

Jury deliberating sentence for man for who murdered game warden

WHARTON - Garrett Freeman's life is in the hands of the same Wharton County jury that found him guilty of capital murder earlier this week.

About 11:40 a.m., the jury of nine women and three men retired to the jury room to consider whether Freeman should be put to death for the shooting of Texas Parks and Wildlife Game Warden Justin Hurst, 34, on March 17, 2007.

Earlier the jury heard closing arguments from both the defense and the prosecution. The defense asserts that life in prison without parole would be adequate punishment for Freeman, an avid outdoorsman.

The state is seeking the death penalty for the 27-year-old Lissie man.

District Judge Randy Clapp told the jury he would not tell them how long to deliberate today, but at some point if a decision is not reached, the jury will be sequestered overnight in a local motel.

[justhrowit]

I hope they string that sum buck up by his neck and let him swing.....

Not before they let him drop the soap a couple times while locked up!

[kfd82]

Jury deliberating sentence for man for who murdered game warden

So we might hear the sentence today? Thats great!
I hope they can come to a decision today and dont have to be sequestered until tomorrow.

[Hot4huntin]

Possibly. I just spoke to Bobby and the jury is still out. They will be given until 8:00 and then sequestered for the night.

[kfd82]

I hope they return fast. But I also hope they take the time needed to come to the correct decision.

[chrisgunguy]

This is great news.

[bullshark]

cut his freakin head off

[kfd82]

Well its almost 8 o'clock so I guess we have to wait until tomorrow to find out the punishment.

Everyone should pray for the jurors who are having to make this decision.

[Hot4huntin]

Well its almost 8 o'clock so I guess we have to wait until tomorrow to find out the punishment.

Everyone should pray for the jurors who are having to make this decision.

Most definitely pray for the jurors! I haven't heard from Bobby, so they must be in the Courtroom.

[Hot4huntin]

Not tonight. They begin again at 8:30 a.m. Let's say a prayer for the jurors and the families!