Ignacio Gomez TX DR Inmate #999290 Denied COA by 5th Circuit

[Jeff1857]

Gomez is a Mexican national and an opinion was held up until the Medellin case was decided. I think this has been pending at the 5th since 2004. Anyway he's denied and should be up for execution soon.
Case is in the opinion below.

http://www.ca5.uscourts.gov/opinions/pub/04/04-70047-CV1.wpd.pdf

[Jeff1857]

Article Concerning Gomez:

HOUSTON — A Mexican national convicted of gunning down three El Paso teenagers has lost a federal court appeal, moving him a step closer to execution.

The 5th U.S. Circuit Court of Appeals refused to allow Ignacio Gomez to move forward with additional appeals for the 1996 murders of 16-year-old twin brothers Michael and Matthew Meredith and 19-year-old Toby Hatheway Jr. The three were shot in an apparent retaliation for some broken windows at the home of Gomez's mother. Their bodies were buried in a shallow grave in the desert.

Gomez, 38, argued he was unconstitutionally deprived of his rights under an international treaty. At the time of the slayings, court documents show he was in the United States legally and living in El Paso with relatives.

His attorneys argued unsuccessfully even before his capital murder trial that police who arrested him should have told him of his right to legal assistance from the Mexican consulate, and that police who took his confession knew he was a resident alien but didn't advise him of his Vienna Convention rights.

The New Orleans-based 5th Circuit withheld ruling on Gomez's request for what's known as a certificate of appealability until the U.S. Supreme Court ruled in another Texas case with similar international treaty issues. The justices in March rejected that appeal, affecting Gomez and more than a dozen other Mexican nationals on Texas death row.

The 5th Circuit ruling, posted late Tuesday, specifically dealt with Gomez's case.

Gomez also argued potential jurors were excluded improperly from his trial jury and that jurors should have been told a life sentence would have meant 40 years in prison before he could be eligible for parole. The 5th Circuit rejected those claims as well.

Testimony at Gomez's trial showed the three victims were walking along a dirt road when they were approached by Gomez and several companions riding in an SUV.

After a fight broke out, Gomez pulled a handgun and opened fire, hitting one of the victims in the head. He continued to fire, striking the second victim. After reloading, a fleeing third victim was tracked down and shot in the head, then all three were driven away and buried.

Gomez's companions turned themselves in and confessed. Their information led authorities to Gomez, who also confessed and told detectives where they could find the murder weapon, according to court documents. In his confession, he told how he made "the last guy ... sit next to his friends" and then shot him in the head and "shot him some more." Gomez said he "just went out of control" because his mother had been frightened after the windows at her home were broken.

Gomez, who was about a week short of his 27th birthday at the time of the shootings, had no previous prison record. But prosecutors at his trial showed he had at least three convictions for driving while intoxicated, had been arrested for unlawfully carrying a weapon and once tried to run down someone with a truck.

[Jeff1857]

Gomez was denied his final appeal in the Supreme Court orders this morning. Hopefully they won't waste time setting a date.

[faithamor7]

Welcome to the club.  We are still waitng to see when he will be put through what he did to the 3 teenagers.

[faithamor7]

I was just wondering how true is the question you all have listed on the TDCJ website. Are we sure that the presiding judge is still living or still in the area? You might wonder why I am asking. Well, I will be happy to answer the question, but please allow me to explain. First, days turn into weeks, weeks turn into months, months turn into years. True, but what does that have to do with why I am writing. Well, if you or someone in your family has gone through what our family has gone through then its easy to understand. Mr. Ignacio Gomez TCDJ: 999290 wanting now to claim he is a Mexican, after all he went to school here worked here lived here all this time he considered himself a well known citizen (An El Pasoan) until he kill not one, not two but three people without even having mercy or trying to figure out who was the one who really broke his mothers windows. Three lives paid for broken windows. They must have been made of some real expensive material other than glass? Shame on this mother, who called her son instead of the police. I wonder if she was more afraid of INS rather than the person who really broke her windows. This mother should be deported right away, no more excuses. There are 9 inmates on Texas Death Row from El Paso, there must be an issue with this city that needs the Governor's attention! Those from El Paso are few El Pasoans on death row: Fabian Hernandez, 2009. Justen Hall, 2005. David Renteria, 2003. Irving Alvin Davis, 2002. Rigoberto Avila Jr., 2001. Ignacio Gomez, 1998. Angel Rivera, 1987. Cesar Fierro, 1980. Tony Egbuna Ford, 1993. If we wait for the presiding judges then who will be doing the judges job, when he/she gets busy trying to figure out when it's a good time to have a person executed? This man Mr. Gomez has long since exhausted all his appeals and nothing has been done. WHY? Is the answer to all victims having lost their love ones over stupidity of these individuals. See the dates of when they were received, but look at when the crime took place. They had time to fix things up which the victims had no choice or chance for that matter.

Just to make it a short story: “Born 12/02/1969 in Chihuahua, Mexico, Ignacio Gomez went to school and dropped out after completing 9 years. Looking for a better life Ignacio Gomez illegally came to the United States where he worked as a laborer. On 11/23/1996 in El Paso, Texas, Gomez fatally shot and killed an 18-year old white male and two 16-year old white males with a 357-caliber pistol. Gomez shot the three repeatedly in the head and then buried them in the sand dunes in the desert.” Ignacio Gomez, 32, sentenced to death in October 1998 for the Nov. 23, 1996, shooting deaths of Michael and Matthew Meredith and Toby Hatheway Jr. It has now been almost 14 years ago, at least his family will know exactly when he dies, something we weren't told when he killed our love one. It must be nice to know that the city is allowing him to continue to live and the state is not doing anything.
　

“ Q. How is it determined what date a death row offender will be scheduled for execution?

A. The judge presiding over a capital punishment case sets the date of execution for a death row offender when it appears that appeals in the case have been exhausted. When TDCJ receives a warrant of execution from the court, we add the offender's name to the list of scheduled executions, scheduling the execution on the date ordered by the court. [Return to Death Row Page] Last Updated: September 17 , 2010

As I have tried repeatedly to find out more on this case and have send several emails trying to figure out when will Mr. Gomez finally have his chance to take some of his own medicine, nothing seems to happen. Please see if the Governor can assist these judges to stop using our tax dollars to support these criminals. Deport all these immigrants so they can let us Americans live at ease, let these Immigrants cause their country all these tax dollars supporting their criminal activities. Close down the boarders for good, not allowing this criminals into the US at all.

Well, i sort of got an answer of some kind, but it doesn't make sense. Yes, Texas has more executions in the US than any other state but I don't think El Paso considers themselves a part of TX at lease not their law enforcement since they drag things on for so long.  Here is the answer I got.

September 20, 2010

Letter No.:  11-0309-01

RE       Ignacio Gomez, #999290
TDCJ Jester IV Unit
Dear Ms. X



This is in response to your letter sent to this office regarding Offender Gomez.
 
I have forwarded a copy of your e-mail to Mr. X of the Victim Services Division.  They will review your e-mail and provide you with a response.  You may contact the Victim Service Division at 512-406-5900 or 800-848-4284.  You may also e-mail them victim.svc@tdcj.state.tx.us.

Thank you for contacting this office.  I hope this information will assist you.

[faithamor7]

Has anyone heard any thing on this scum bag on Ignacio Gomez.  I check daily and can't find anything on him. All his certs are up and have been for quite sometime.  This needs to be the next Thug!

[Gregg Fisher]

Did you speak to the Victim Services Coordinator? They would have the best information.

[Gregg Fisher]

After having his cert denied by the USSC in Dec 2008, he filed a writ with the federal court claiming that he was being forced fed pscyh drugs.  The AG answered that he has never been forced to take his medication but has done so voluntarily for years.  Over the AG's objection, the case was remanded back to the state district court. This was in June 2009.  This is a black hole in that their docket is not online and I can't peek at it and tell you what is going on.  However,  if you live near the 384th District Court of El Paso County, go to the courthouse, ask to see the file, and read it.

[Gregg Fisher]

In answer to some of your other questions, it doesn't matter that the judge who heard the trial is still alive, retired , etc.  Who ever takes his place, would sign the death warrant or preside over additional hearings.  There is usually someone in charge that monitors these cases so when the appeals are over, the request for a death warrant goes to the judge to sign.  His argument that he is a Mexican citizen and cannot be executed was shot down by the courts.  It's a dead issue.  As I explained earlier, he is back in district court which I guess is the trial court in Texas.

[Max]

the state of texas can not execute this man, Mr. Gomez, because his rights were violated he wasnt told his right, I think they need to drop the whole execution in this case and with Mr. Gomez because first of all its not the answer to the problems and he wasnt given a fair trial, so I think to make it only fair is to just drop it, Please i mean we cant do anything about those 3 teenagers but we do about this execution right here besides Mr. Gomez wasnt looking for no trouble, he made a mistake about the boys who burglerized his mother's residence, but i guarantee he wont do it again, So please i ask the state of texas to please dont execute this man, Mr. Gomez, bc he wasnt given a fiar trial, and ur soppose to have ur right national rights no matter what you did, So please to make it fair, just commut the sentece to life, and maybe have parole eventually.......Maybe.... But please just drop the execution, theres other ways of punishing people, besides the executions so please dont do it.

[ScoopD (aka: Pam)]

oh so murder is just a mistake and you can personally guarantee he will never commit a crime again? well shit,  hold on, let me call Warden Simmons and demand he immediately release inmate Gomez.
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. another freakin looney has escaped the hospital.

[Max]

yes it was a mistake and yes i do guarantee and before his trial it says he's never had an prior prison record and he's never had a felony, so yea thats how and im not saying he should be released he should jus get life without parole Because He Wasnt Told of his Rights so its only fiar

[Kitten Resq]

Max,

I'm sorry that you feel Mr. Gomez is innocent and should be released from prison, but with the laws of Texas and The United States, he committed a crime and must be punished for said crime.

You see, here in the United States and the State of Texas the punishment is decided by a jury of the guilty persons peers.  This law must be upheld, by law, by the state.  If the state let every convict out because a relative/friend begged for their release, then the United States would just become another Mexico, which everyone seems to want to leave just for this reason.

I understand that Mr. Gomez was in the United States illegally.  That in itself is a felony.  Because he was not caught prior does not mean that he was not guilty.  If he is such an upstanding citizen why is he here illegally in the first place?  This is a battle that is ongoing and hopefully will have an end soon. 

You see hon, United States CITIZENS do not want illegals of any nationality in the United States.  But the fastest they are shipped back across the border, they are right back in the US again committing horrible atrocities against LAW ABIDING CITIZENS OF THE UNITED STATES.

The only way anyone can guarantee that Mr. Gomez will not kill anyone again is if his punishment is carried out. 

Sorry to burst your bubble hon, but this is the law of the United States of America and Texas.

[Granny B]

This must be one of his pen pals or one of his relatives who don't think he should pay for murdering 3 people in cold blood. 

And now it is a mistake    .........  a mistake is turning on your left blinker when you mean to go right, a mistake is pouring a glass of milk when you intended to pour orange juice.......

Shooting 3 kids in cold blood is not a mistake, it is death and a cold grave for these 3 kids who will never get to make something of their lives or see the light of day again.

Did you attend his trial?  What makes you think it was not fair?  Because he told you so?

And we on this website do not have the power to get his murder sentence dropped, reduced or stopped, even if we wanted too, which we do not.  Our purpose here is to honor the victims, educate the uninformed and cheer on the executions of the guilty.

[Max]

when i said it was a mistake what i ment was, He thought those three young men were the guys who burglerized his mothers residence and broke two windows, but they werent and thats how it was a mistake, im sure if Mr. Gomez relized they werent the guys then he wouldnt of killed them second of all how his trial wasnt fair he was not told of his RIGHTS to contact his consulate, and so i think its only fair his sentence is commuted to life in prison with out parole......maybe eventually but All we can do is Try to help him and commut his sentence....It doesnt hurt to try...........but in the mean time all we can do is pray for him and try to help him