[Deathpenalty] death penalty news----TEXAS

[Rick Halperin]

Jan. 25



TEXAS----impending execution

Man set to die in June for 1998 Farmers Branch slaying loses Supreme Court 
appeal


The U.S. Supreme Court has refused to review the case of a man set to die later 
this year for the slaying of a 64-year-old Dallas-area woman 18 years ago.

The high court, without comment, rejected Monday the appeal of 46-year-old 
Charles Don Flores.

Flores is scheduled for lethal injection June 2 for the January 1998 shooting 
death of Elizabeth Black at her home in Farmers Branch. His trial attorneys 
argued another man was the shooter during a robbery attempt.

Flores is 1 of at least 9 Texas death row inmates with an execution date for 
this year.

***

'Justice has been served,' daughter of Farmers Branch woman says after man gets 
death sentence in '98 murder


Editor's note: This story appeared in April 2, 1999, editions of The Dallas 
Morning News.

A man prosecutors described as the "face of evil" should die for the brutal 
murder of a 64-year-old Farmers Branch woman, a Dallas County jury decided 
Thursday.

Charles Don Flores, 29, was convicted of capital murder Tuesday for the death 
of Elizabeth "Betty" Black, a grandmother of 5 who was shot to death in her 
home Jan. 29, 1998. Jurors decided on the death penalty Thursday in about 2 
hours. The panel took less than an hour to convict Mr. Flores on Tuesday.

"Whoever did that to Mrs. Black deserves to die," said Jason January, the lead 
prosecutor on the case. "Society is not safe from Charles Don Flores until he 
is dead."

The verdict was read to a silent courtroom filled with Mrs. Black's family and 
friends. Sheila Brockman, the victim's daughter, expressed relief and joy that 
part of the painful period in their lives had ended.

"Everything's finally coming to an end," Ms. Brockman said outside the 
courtroom, holding her husband's hand. "Justice has been served."

In closing arguments, Doug Parks, one of Mr. Flores' lawyers, extended sympathy 
to the Black family and said he does not condone his client's actions, 
including involvement in the murder. But he repeated the defense position that 
Richard Lynn Childs - an alleged accomplice of Mr. Flores' - was the trigger 
man. No date has been set for Mr. Childs' capital-murder case.

"Charlie Flores didn't kill Ms. Black," Mr. Parks said. "I suggest to you that 
that's mitigating." He reminded the jury that mitigating circumstances can lead 
to a sentence of life in prison rather than the death penalty in capital cases. 
Prosecutors argued that the evidence suggests Mr. Flores fired the fatal shot. 
In any case, they said, he could be convicted of capital murder as a party to 
the killing.

Juror Frank Howard of Dallas said the panel carefully weighed all factors but 
agreed fairly quickly that Mr. Flores was guilty and should be put to death.

"We went through and discussed each point," Mr. Howard said. "It was pretty cut 
and dry. The evidence in the case was just overwhelming. They just kept 
bringing it on."

Prosecutors have said that Mr. Flores and Mr. Childs went to the Black home the 
morning of Jan. 29, 1998. Officials said they were looking for about $40,000 in 
cash - drug money that they heard about through Ms. Black's daughter-in-law, 
Jackie Roberts.

They said that Mr. Flores and Mr. Childs entered the home through the garage 
and shot Mrs. Black and her dog. The men then rifled through the house in 
search of the money but came up empty, officials said.

In the sentencing phase, prosecutors concentrated on portraying Mr. Flores as a 
continuing threat to society. A parade of witnesses testified about past 
violent actions by Mr. Flores, including an escape attempt and several threats 
allegedly made to jailers and bailiffs.

In both portions of the trial, prosecutors charted alleged incidents involving 
Mr. Flores on a large map behind the witness stand. By the trial's end, the map 
was littered with tags representing a range of previous offenses he was accused 
of, including shoplifting, drug-dealing, terroristic threats and aggravated 
assaults of police officers.

Witnesses also gave further details about the car chase and crash that ended 
Mr. Flores' 3-month flight from justice after the shooting, as well as an 
escape attempt last July in which he tried to take a sheriff's deputy's gun. 
Prosecutors asked the jury to think of his victims while deliberating Mr. 
Flores' sentence.

"We have the death penalty today because Charles Don Flores exists," prosecutor 
Greg Davis said. "He's always looking for a victim. He's always going to show 
an absolute disregard for human life."

The defense offered no witnesses to speak on Mr. Flores' behalf in either phase 
of the trial. Brad Lollar, Mr. Flores' lead attorney, said Wednesday without 
the jury present that he wanted to call his client's parents and wife to the 
stand.

Mr. Lollar said that all 3 of them informed him that they would invoke their 
Fifth Amendment right against self-incrimination if called on to testify. Mr. 
Flores' parents, Lily and Catarino Flores, have been indicted on charges of 
hindering apprehension of a fugitive for helping their son after Ms. Black's 
death, officials said.

The defense attorneys questioned the recollections of several witnesses who 
placed Mr. Flores at the scenes of long-ago incidents. They also criticized the 
prosecution for hinting that an assault of a woman in 1997 led to her 
miscarriage, though medical records suggest that her miscarriage occurred a 
year earlier.

Before closing arguments, the jury heard from Roy Love , a jailer, who 
testified that Mr. Flores threatened him and threw juice on him during lunch 
Wednesday. Mr. Howard, the juror, said this testimony showed the jury that Mr. 
Flores had no remorse.

"He demonstrated his true character," Mr. January said. "He couldn't hold it 
back long enough to get through the trial. . . . He's never going to stop, 
until the day he dies."

***

Closing sentencing arguments postponed after murderer threatens jailer



Editor's note: This story appeared in April 1, 1999, editions of The Dallas 
Morning News.

Closing arguments in the sentencing phase of Charles Don Flores' capital murder 
trial were postponed Wednesday after he threatened and threw juice at a jailer 
during lunch.

Mr. Flores, 29, was convicted Tuesday of the murder of Elizabeth "Betty" Black, 
a 64-year-old Farmers Branch woman who was gunned down in her home last year. 
Jurors were expected to begin deliberating Wednesday whether Mr. Flores should 
receive the death penalty or life in prison.

Prosecutors called a series of witnesses Tuesday afternoon and Wednesday 
morning who testified to Mr. Flores' violent tendencies and threats. Mr. Flores 
has worn a 50,000-volt shock belt throughout the trial, and six Dallas County 
sheriff's deputies have watched his every move.

Mr. Flores' outburst on Wednesday occurred when jail trusties brought him lunch 
in a jail holding cell.

Jail Officer Roy Love controls the stun belt but has not had to activate it. 
Officer Love told state District Judge John Nelms that while escorting Mr. 
Flores to the holding cell, he warned the convicted murderer to stop reaching 
across the table to pour water. The officer said he told Mr. Flores that his 
sudden moves made people nervous.

The jailer said Mr. Flores cursed him, then said, "If I wanted to hurt someone 
out there, and if I had a gun, I know how to use it."

When jail trusties served Mr. Flores lunch, he threw juice at Officer Love and 
began to laugh, Officer Love said.

After he heard about the lunchtime incident, Judge Nelms sent the jury home 
until 9 a.m. Thursday and ordered that Mr. Flores remain in a belly chain and 
handcuffs while in court during the rest of the trial. In his first public 
words since the trial began, Mr. Flores addressed the judge.

"I have a question. Does that mean I can't get a drink of water?" he said, 
adding that the stun belt made him uncomfortable.

"You're the one that's making it hard on yourself," Judge Nelms responded. "You 
have made yourself a security threat and risk."

Doug Parks, one of Mr. Flores' lawyers, objected to the ruling, saying that Mr. 
Flores' jacket cannot fully cover the belly chain. He said jurors who see a 
defendant in handcuffs and chains would be prejudiced on the question of a 
future threat to society - one of the keys to deciding death-penalty questions.

The judge agreed and reversed his ruling.

"Zap the heck out of him if he creates any disturbance," Judge Nelms said.

The exchange occurred without the jury present. But jurors heard testimony that 
Mr. Flores was a menace. He was involved in a more serious confrontation with a 
deputy last summer.

He faked a leg injury to get transferred to Parkland Memorial Hospital July 10, 
according to testimony given during the guilt and innocence stage of the trial. 
At Parkland, he overpowered the deputy who was escorting him and grabbed the 
deputy's gun and chemical spray before hospital officials restrained him, 
according to testimony.

On Wednesday, jurors heard from a fellow inmate who rode with Mr. Flores on the 
way back from the hospital. The inmate, Joseph Krivan, said that Mr. Flores 
told him "he wished he would have shot the officer."

A jailer told the jury that Mr. Flores has worn his status as a capital-murder 
defendant as a "badge of honor." Timothy Dockery said jailers have found 
contraband such as concealed matches and safety pins on Mr. Flores several 
times. Once, he said, Mr. Flores tried to assault him and another jailer.

Prosecutors have said that Mr. Flores and Richard Lynn Childs went to the Black 
home the morning of Jan. 29, 1998, in search of about $40,000 in cash - drug 
money that they heard about through Ms. Black's daughter-in-law. A trial date 
has not been set for Mr. Childs' capital-murder case.

Mr. Flores and Mr. Childs entered the home through the garage and shot Ms. 
Black and her dog, prosecutors said. They then rifled through the house in 
search of the money but came up empty, according to prosecutors.

***

Man found guilty of murder, could face death in Farmers Branch case


Edtior's note: This story appeared in March 31, 1999, editions of The Dallas 
Morning News.

A man prosecutors described as a drug dealer motivated by greed was convicted 
of capital murder Tuesday in the shooting death of a 64-year-old Farmers Branch 
woman.

A jury of 8 men and 4 women needed less than an hour to find Charles Don Flores 
guilty of killing Elizabeth "Betty" Black in her home. Mr. Flores, 29, faces 
the death penalty or life in prison with no possibility of parole for 40 years.

Prosecutors argued that Mr. Flores and Richard Lynn Childs went to Mrs. Black's 
home the morning of Jan. 29, 1998, in search of about $40,000 in cash - 
purported drug profits they heard about from the victim's daughter-in-law.

Prosecutors said Mr. Flores and Mr. Childs entered through the garage and 
immediately shot Mrs. Black and her dog. They then tore through the house in 
search of the money but came up empty.

"The very first thing these people did was shoot and kill Elizabeth Black," 
Assistant District Attorney Greg Davis said. "They were there for that money."

No date has been set for Mr. Childs' capital murder trial. He is being held at 
the Lew Sterrett Justice Center.

During closing arguments Tuesday, Mr. Flores' lawyer acknowledged that his 
client was at the house and fired a gun there that morning. According to 
testimony, Mr. Flores told friends he only shot the dog.

Lead defense attorney Brad Lollar said jurors still could not convict Mr. 
Flores of capital murder because the state could not show that he intended for 
Mrs. Black to die.

Mr. Lollar also said the state's case hinged on the testimony of Jackie 
Roberts, Mrs. Black's daughter-in-law, whom Mr. Lollar said organized a 
burglary plan that went awry when Mrs. Black ended up being home that morning.

"Find him guilty of murder or whatever else you want, but it's not capital 
murder," Mr. Lollar said. "The evidence upon which they want you to convict is 
based on liars. . . . There are standards that are set in these [capital 
murder] cases."

Mr. Lollar said a map that witnesses spoke of showed that Ms. Roberts organized 
the burglary for her boyfriend - Mr. Childs - and his friend, Mr. Flores. The 
map, which investigators never found, allegedly showed the route from Ms. 
Roberts' house to the home Mrs. Black shared with her husband, Bill Black.

Before closing arguments Tuesday, prosecutors called a former baby-sitter for 
Ms. Roberts to testify. Elaine Dixon said a map was once drawn for her benefit 
but that Ms. Roberts kept it.

Prosecutors said that while Ms. Roberts told the men about the cash, she never 
intended for anyone to steal it. According to her testimony, the money 
represented the drug profits of the Blacks' son, Gary Black, Ms. Roberts' 
imprisoned husband.

"Ready to kill'

Mr. Flores and Mr. Childs went to the Blacks' home intent on killing anyone who 
stood between them and the cash, prosecutors argued. Lead prosecutor Jason 
January said both men had handguns and brought 3 potatoes - presumably to use 
as silencers when shooting the dog, Mrs. Black and her husband, Bill Black, who 
was at work at the time.

"They went in ready to kill," Mr. January said. "The defendant killed because 
of greed."

Mr. January said the state believes Mr. Flores killed Mrs. Black. He said Mr. 
Flores' wild, 3-month flight from the law and his attempted escape while in 
custody showed that he is guilty and feared justice.

But even if he was just there with Mr. Childs, egging him on or only shooting 
the dog, he could still be found guilty of capital murder, Mr. January told 
jurors.

"The defendant's guilty whether he's a party or a shooter," he said.

Mr. Flores looked up from the pad in front of him only occasionally during 
closing arguments. He was similarly impassive when the judge read the verdict.

Softly sobbing

The only display of emotion came from his mother, Lilly Garcia, who began to 
sob softly. Just before the sentencing phase of the trial began, Ms. Garcia was 
called before the judge and warned to stop making threatening glances at the 
Black family. Ms. Garcia denied giving any such looks.

The Black family declined to comment on the verdict Tuesday. Mr. Black said the 
pain of their loss has not subsided.

"It's devastated the whole family," he said. "When she was taken, a part of me 
was, too."

The sentencing phase of the trial began shortly after the verdict was handed 
down. Prosecutors began charting Mr. Flores' previous run-ins with the law on a 
large map behind the witness stand.

Jurors heard from victims and investigating officers in several incidents - 
including theft, terroristic threats, criminal mischief and drug possession - 
in which Mr. Flores pleaded or was found guilty. The offenses mentioned 
occurred in Mesquite, Irving, Dallas and Arlington between 1990 and 1993.

State District Judge John Nelms told jurors that they probably would begin 
deliberating on Mr. Flores' sentence Wednesday afternoon. The jury will be 
sequestered if it is unable to reach a verdict by 9 p.m., he said.

***

Student, doctor thwart murder suspect's escape


Editor's note: This story appeared in July 11, 1998, editions of The Dallas 
Morning News.

Charles Don Flores might be a big, tough capital murder suspect who managed to 
elude the law for months, but he messed with the wrong med student and 
anesthesiologist Friday.

Mr. Flores, arrested in May and charged with killing a Farmers Branch woman, 
tried to escape custody by complaining of a leg injury. He then overpowered the 
deputy who took him to Parkland hospital.

To the rescue came 4th-year medical student Ferhan Asghar and Dr. Andy Konen. 
Mr. Asghar relieved the suspect of the deputy's gun, and Dr. Konen and 2 other 
hospital workers wrestled him into handcuffs.

Mr. Asghar, a 28-year-old University of Houston medical student, may have saved 
Deputy Bryan Sherman's life, officials said.

"We believe the suspect had planned this and was intent on fleeing and was 
attempting to shoot the deputy," said Ed Spencer, a Sheriff's Department 
spokesman.

"So the indications are that Mr. Asghar was instrumental in helping to bring 
the situation to a conclusion. We are grateful and appreciative to him and all 
those who came to the officer's assistance."

Mr. Asghar and Dr. Konen could not be reached for comment, and Parkland 
officials said they had advised employees not to discuss the incident, pending 
the sheriff's investigation.

Deputy Sherman was pushing Mr. Flores' wheelchair toward the double doors 
leading into Parkland's orthopedic clinic about 9:30 a.m. when Mr. Flores 
jumped him, officials said.

Mr. Flores forced the deputy to the ground, doused him with his own pepper 
spray and went for his gun, Mr. Spencer said. In the struggle, Mr. Flores bit 
the deputy's arm and twice had his hands on the gun.

As the temporarily blinded deputy tried to fight back, Mr. Asghar joined the 
fray, grabbed the weapon and tossed it into a nearby laundry hamper.

At the same time, Dr. Konen and two technicians, Peter Palafox and Charlie 
Hewgley, jumped on Mr. Flores, subduing and cuffing him, Mr. Spencer said.

Friday wasn't the 1st time Mr. Flores tried to get away, nor the 1st time a 
citizen had foiled him.

Police say Mr. Flores and Richard Lynn Childs killed 64-year-old Betty Black 
during a botched burglary attempt Jan. 29 at her Farmers Branch home.

While Mr. Childs was arrested within days of the crime, Mr. Flores stayed on 
the run for three months despite a flood of tips on his whereabouts.

Authorities finally caught up to him May 1, as he drove away from an Irving 
house. He led them on a chase, driving over grass medians, ignoring traffic 
signs and heading the wrong way on 1-way streets. After driving on the rims of 
blown tires, Mr. Flores crashed head-on into another car and then took off 
running, with FBI agents close behind.

When he tried to scale a fence, a citizen standing nearby grabbed him and 
pulled him down until the agents could take him away.

Investigators will review the Friday incident to determine whether the deputy 
should have acted differently, Mr. Spencer said. Deputy Sherman, 24, was fine 
after having his eyes flushed.

"At this point, we're relieved that there were no serious injuries," Mr. 
Spencer said. "That's the foremost concern."

***

Suspect in Farmers Branch slaying captured after chase


Editor's note: This story appeared in May 2, 1998, editions of The Dallas 
Morning News.

A capital murder suspect who eluded Farmers Branch police for 3 months was 
captured Friday, but only after a wild car chase, a head-on crash and a 
citizen's intervention, authorities said.

Charles Don Flores, 28, is the 2nd man arrested in the January slaying of 
64-year-old Betty Black during a botched burglary attempt at her Farmers Branch 
home.

Mr. Flores, described as armed and dangerous since police identified him as a 
suspect, was arrested about 2 p.m. Friday in Irving, when FBI agents spotted 
him leaving the home of a friend or relative in a blue Volvo.

"I know the family has been anxious for an arrest in this case, and we'll be 
glad to tell them about it," Farmers Branch police Capt. Chuck Reeves said.

Mrs. Black, a native of Scotland who moved to the United States with her 
husband 38 years ago, died of gunshot wounds to her body and extremities, an 
autopsy showed.

Her husband, Bill Black, found her body the morning of Jan. 29 in the den of 
the Bergen Lane home they had shared since the 1960s. Their dining room and den 
were covered with the blood of Mrs. Black and the family dog, family members 
have said.

Mr. Black could not be reached for comment Friday. His home telephone was 
answered by his wife's recorded voice.

Richard Lynn Childs, 28, was arrested 2 days after Mrs. Black's death and 
charged with capital murder. He remains jailed on that charge at the Lew 
Sterrett Justice Center. Bail is set at $750,000.

About the same time, police named Mr. Flores as the other suspect. Despite a 
flood of tips on his whereabouts, they were unable to locate him and asked the 
FBI for help when they determined he had fled to Mexico.

The day Mr. Childs was arrested, a motorist reported being shot at on 
Interstate 30 in Arlington by two men who had been parked beside the highway. 
Arlington police filed an aggravated assault warrant for Mr. Flores in 
connection with that freeway shooting.

Farmers Branch police would not say if the men had been trying to torch the 
multicolored Volkswagen Beetle, which matched the description of a vehicle 
spotted near Mrs. Black's home after her slaying.

2 weeks ago, police learned Mr. Flores may have returned to the Dallas area but 
arresting him wasn't easy, authorities said.

When he realized his car was being followed Friday, he began driving over grass 
medians, ignoring traffic signs and heading the wrong way on one-way streets, 
said Special Agent Marjorie Poche, an FBI spokeswoman.

"He had blown a tire and was driving on the rims of his tire and was heading 
the wrong way on a street when he had a head-on collision" with another 
vehicle, she said.

Mr. Flores took off running, with FBI agents right behind. His luck ran out 
when he tried to scale a fence, Agent Poche said.

"He had agents behind him coming from two different directions," she said. 
"There was a citizen right there, and he grabbed him and pulled him down."

Mr. Flores was taken to Parkland hospital in Dallas, where he was treated for 
undetermined injuries, and was expected to be transferred to Lew Sterrett on 
the capital murder charge.

"We're glad that he is in custody," Agent Poche said. "We are sorry that he is 
in custody at the cost of a civilian being injured. We would rather these bad 
guys not hurt other people."

No information was available on the driver whose car Mr. Flores hit in the 1400 
block of Irving Boulevard East on the city's south side near Heritage Park.

Capt. Reeves has said Mr. Flores and Mr. Childs went into the Blacks' home to 
steal something they apparently never found. Police have declined to speculate 
on a motive for Mrs. Black's slaying but confirmed that someone in her family 
knew at least 1 suspect.

Mr. Black and his daughter, Sheila Brockman, have said they didn't know either 
man. The Blacks' son, Gary Black, is serving a prison sentence for a 
drug-related conviction and has not responded to interview requests.

***

Slain woman was not random victim, but Farmers Branch police doubt she knew her 
killers


Editor's note: This story orignally appeared in Feb. 6, 1998, editions of The 
Dallas Morning News.

Police issued a capital murder warrant for the arrest of Charles Don Flores, 
28, a friend of Richard Lynn Childs, who was arrested Saturday in connection 
with Elizabeth Black's slaying Jan. 29. Mr. Childs remained jailed Thursday 
without bail.

Mr. Flores, an Irving resident who was last seen in the area Saturday, is 
considered armed and dangerous, Farmers Branch police Capt. Chuck Reeves said.

"We desperately need information on him," he said. "We think he is still in the 
mid-cities area somewhere."

Mrs. Black, a native of Scotland who moved to the United States with her 
husband 38 years ago, died of gunshot wounds to her trunk and extremities, an 
autopsy revealed. Her husband, Bill Black, found her body in the den of the 
Bergen Lane home where they had lived since the 1960s.

Police have said that nothing was taken from the home and that they found no 
signs of forced entry. They have repeatedly declined to speculate on a motive 
in the shooting.

"We have determined through interviewing witnesses that it wasn't a random 
act," Capt. Reeves said Thursday. "But as to a motive, we'd rather not 
comment."

Mr. Black found his wife slain about 9:30 a.m. after he returned from his 
part-time plastering job. He said Thursday that the family's dog also had been 
shot.

Police have found no witnesses to the slaying, but several neighbors have 
reported seeing 2 men driving near the house in a 1965 Volkswagen Beetle that 
morning. Police have not said whether that car, recovered Saturday, led them to 
Mr. Childs.

Mr. Flores and Mr. Childs, also 28, met in prison, police said. Mr. Flores was 
sentenced to 2 years for a robbery and possession of cocaine conviction in 1994 
and released in November 1996.

Mr. Childs, also of Irving, has an extensive criminal record that includes 
arrests for burglary, assault and drug possession with intent to deliver. He 
received a 5-year sentence for delivery of a controlled substance. Information 
on his dates of incarceration was not available Thursday.

He also is being held in connection with bond forfeiture warrants on a drug 
possession charge and driving with a suspended license.

Capt. Reeves said Mr. Flores and Mr. Childs are the only suspects in the case. 
Mr. Black, 64, said he was reassured to learn police have a 2nd suspect.

"I just hope they find him," he said. "It has just been such a tragedy. I have 
been trying to keep busy around here. . . . It's hard to sleep. It will be a 
long, long time before this is behind me."

Mr. Black said he had no idea who would target his wife for murder or why 
anyone would want her dead.

Anyone with information on Mr. Flores is asked to call Farmers Branch police at 
(972) 484-3620. He is described as about 6 feet tall and 260 to 270 pounds. He 
has short dark hair and wears glasses, police said.

(source: Dallas Morning News)