CAUSE NUMBER 241-0978-04 "•fffr

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: BY

IN THE 241st JTJDICIAL

DISTRICT COURT OF

SMITH COUNTY, TEXAS

CAUSE NUMBER 241-0978-04

STATE OF TEXAS

VS.

TRACY BEATTY

Capital Murder, Capital Felony

as charged in the Indictment

FORMAL SENTENCING

PURSUANT TO MANDATE FROM TEXAS COURT OF CRIMINAL APPEALS

ORDER SETTING DATE OF EXECUTION

ORDER FOR ISSUANCE OF WARRANT OF EXECUTION

JUDGMENT

JUDGE PRESIDING AT TRIAL:

JACK SKEEN, JR.

JUDGE PRESIDING AT FORMAL

SENTENCING

JACK SKEEN, JR.

ATTORNEY FOR STATE AT TRIAL:

MATT BINGHAM

J. BRETT HARRISON

APRIL SIKES

UL16 2M5

Date originally sentenced

and Judgment: 08-10-04

Date of formal sentencing:

May 13, 2009, upon Mandate

affirming case and Order Denying

11.071 State Writ: May 6, 2009

Date of re-sentencing following denial of

federal habeas corpus relief: July 13, 2015

ATTORNEY FOR DEFENDANT AT TRIAL:

ROBERT C. PERKINS

KEN HAWK

ATTORNEY ON DIRECT APPEAL:

DON DAVIDSON
CAUSE NUMBER 241-0978-04

OFFENSE CHARGED: CAPITAL MURDER

CONVICTED OF: CAPITAL MURDER

DEGREE: CAPITAL FELONY

CHARGING INSTRUMENT: INDICTMENT

TERMS OF PLEA BARGAIN NONE

PAGE

ATTORNEY ON 11.071 STATE WRIT:

JEFF HAAS

ATTORNEY ON FEDERAL HABEAS

CORPUS WRIT:

THOMAS SCOTT SMITH

ATTORNEY AT FINAL SENTENCING

FOLLOWING DENIAL OF FEDERAL

HABEAS CORPUS RELIEF:

AUSTIN REEVE JACKSON

DATE OFFENSE

COMMITTED NOVEMBER 25. 2003

PLEA: NOT GUILTY

DATE SENTENCE FORMALLY PRONOUNCED

AND IMPOSED: AUGUST 10. 2004 COSTS: $273.00

Date Sentence Formally Pronounced following Mandate from Texas Court ofCriminal Appeals

affirming Judgment and Sentence, April 7, 2009, and following denial of 11.071 writ application

May 6,2009:

MAY 13. 2009

Date Sentence Formally Pronounced following Denial ofFederal Habeas Corpus Relief:

JULY 13. 2015

DATE OF EXECUTION: 08/13/2015 as provided by law

Punishment:

Death by lethal injection

as provided by law

Place of Execution:

As provided bylaw inthe Texas Department ofCriminal

Justice - Institutional Division (formerly Texas Department

of Corrections, State Penitentiary)

Date Set for Execution:

08/13/2015 as provided by law
CAUSENUMBER 241-0978-04 PAGE

JUDGMENT AND SENTENCE UPON FORMAL SENTENCING

WARRANT OF EXECUTION

The Defendant having been indicted in the above entitled and numbered cause for the felony

offense ofCAPITAL MURDER as charged in the indictment, acapital felony, and this cause being

called for jury selection on JULY 08, 2004, the State appeared by her Criminal District Attorney

MATT BINGHAM and Assistant District Attorneys J.BRETT HARRISON AND APRIL SIKES,

and the Defendant TRACY BEATTY, appeared in person and his counsel ROBERT C. PERKINS

AND KEN HAWK, also being present and both parties announced ready and jury selection

commenced, and the Defendant in open court was duly arraigned and pleaded Not Guilty to the

charge ofCapital Murder as contained in the indictment herein, thereuponjury, to-wit: MITCHELL

HARRIS, and eleven others, were duly selected, along with one alternatejuror, and upon completion ofjury selection the jurywas impaneled and sworn. On AUGUST 2,2004 the Court proceeded with

the trial with the reading ofthe indictment, the Defendant entering his plea of "Not Guilty," opening

statements, and introduction ofevidence. The jury, who having heard the evidence submitted, and

having been duly charged by the court, and after hearing argument of counsel, retired in the charge of the proper officer to consider their verdict, and afterward were brought into open Court, by the

proper officer, the Defendant and his counsel being present, and in due form of law returned into

open Court the following unanimous verdict, which was received by the Court, and is here and now

entered upon theminutes of theCourt, to wit:

WE, THE JURY, find unanimously and beyond areasonable doubt, the Defendant, TRACY

BEATTY, Guilty of Capital Murder, that is intentional murder committed in the course of

committing burglary ofa habitation, as charged inthe indictment.

AS/ MITCHELL HARRIS

FOREMAN

The Defendant having been found guilty ofCapital Murder by the verdict ofthe jury and

thereupon further evidence being heard by the jury on the special issues pertaining to punishment,

the Court again charged the jury as provided by law on the following special issues:

•SPECIAL ISSUE NO. 1

Is there aprobability that the Defendant, TRACY BEATTY, would commit criminal acts

of violence that would constitute a continuing threat to society?

SPECIAL ISSUE NO. 2

Taking into consideration all ofthe evidence, including the circumstances ofthe offense, the

Defendant's character and background, and the personal moral culpability ofthe Defendant, is there
CAUSE NUMBER 241-0978-04 PAGE

sufficient mitigating circumstance orcircumstances towarrant that a sentence oflife imprisonment

rather than a death sentence be imposed?

The jury, after hearing arguments of counsel, retired in charge of the proper officer to

consider their verdict and afterwards were brought into open Court by the proper officer; the

Defendant and his counsel being present and in due form of law returned into open Court the

following verdict, which was received by the Court and is here and now entered upon the minutes

of the Court, to-wit:

ANSWER TO SPECIAL ISSUE NUMBER 1:

We, the jury unanimously find and determine beyond areasonable doubt that the answer to

this Special Issue No. 1 is "YES."

As/ MITCHELL HARRIS

FOREMAN

ANSWER TO SPECIAL ISSUE NUMBER 2:

We, the jury unanimously find and determine beyond areasonable doubt that the answer to

this Special Issue No. 2 is "NO."

/s/ MITCHELL HARRIS

FOREMAN

JURY CERTIFICATE

WE, THE JURY, RETURN INOPEN COURT THE ABOVE ANSWER OR ANSWERS

AS OUR ANSWER OR ANSWERS TO THE SPECIAL ISSUE OR SPECIAL ISSUES

SUBMITTED TO US, AND THE SAME IS OUR VERDICT IN THIS CASE.

/s/ MITCHELL HARRIS

FOREMAN

IT IS THEREFORE considered and adjudged bythe Court, that the said Defendant isguilty

ofthe offense ofCapital Murder, as charged in the indictment, aCapital Felony; and that the said

Defendant committed saidoffense onor about the25* dayofNOVEMBER, 2003, asfound bythe

jury, and that he be punished, as has been determined by the jury's answers to the special issues and

inaccordance with State law byimposition ofthe sentence ofDEATH, according to the law.
CAUSE NUMBER 241-0978-04 PAGE 5

THEREUPON the said Defendant was informed by theCourt ofthe mandatory appeal ofthis

Judgment and Sentence to the Texas Court ofCriminal Appeals as provided by law and rights to an

11.071 Application for Writ of Habeas Corpus, and further the said Defendant was asked by the

Court whether he had anything to say why said sentence should not be pronounced against him,

subject to the mandatory appeal and mandate, and he answered nothing in bar thereof, and it

appearing to the Court that the Defendant is mentally competent and understands the English language, the Court proceeded, then in the presence of the Defendant, his counsel, and counsel for

the State, to pronounce sentence, subject to mandatory appeal, against him as follows:

IT IS THE ORDER OFTHE COURT, that the said Defendant, TRACY BEATTY, isguilty

ofthe offense ofCAPITAL MURDER, as charged inthe indictment, aCapital Felony; and that the

said Defendant, TRACY BEATTY, committed said offense ofCAPITAL MURDER on orabout

the 25th day of NOVEMBER, 2003, as found by the jury, and that he be punished, as has been

determined by the jury's answers to the special issues along with Texas law, by imposition of the

punishment of DEATH, according to the law, and said Defendant is remanded to the Sheriff of

Smith County, Texas to be delivered to the Director ofthe Texas Department ofCorrections (Texas

Department ofCriminalJustice, Institutional Division), or other person legally authorized to receive

said Defendant, to be held until the date for execution as set out inthisjudgment and Death Warrant

with date of execution, as provided by law.

The Court certified the record for appeal and an appeal to the Texas Court ofCriminal

Appeals followed. On the 7TM day of APRIL, 2009, the Texas Court ofCriminal Appeals issued its

Mandate inthis cause ofaction and finding that there was no error inthe judgment ofthe trial court,

itORDERED, ADJUDGED, and DECREED that the judgment ofthe trial court be in all things

affirmed, and that the Defendant pay all costs in this behalf expended and that the Defendant's

motion for rehearing be denied. The trial court received the Mandate commanding the trial court to

observe the order ofthe Texas Court ofCriminal Appeals in this case and toduly recognize, obey

and execute said mandate.

On MAY 6, 2009 the Texas Court of Criminal Appeals issued its Order denying the

Defendant's Application for a State 11.071 Writof Habeas Corpus.

After exhausting his state court remedies, Defendant filed afederal habeas petition, which

the federal district court rejected. The Fifth Circuit Court of Appeals affirmed the denial of a

certificate ofappealability on July 16, 2014. Finally, on May 18,2015, the United States Supreme

Court refused review of this matter.

On July 13, 2015, this case was again called for formal sentencing in accordance with the

verdicts and Judgment herein rendered and entered against the Defendant, TRACY BEATTY, on

August 10, 2004. The State appeared by her Criminal District Attorney, MATT BINGHAM,

(together with her AssistantCriminal District Attorney APRIL SIKES) and the Defendant, TRACY
CAUSE NUMBER 241-0978-04 PAGE

BEATTY appeared in person and with AUSTIN REEVE JACKSON, as his current counsel for

formal setting of adate of execution, and whereupon the State of Texas announced ready and the

Defendant announced ready, and the Defendant offered nothing at bar as to why the date ofexecution

should not be set, the Court proceeding with formal sentencing and setting the date of execution.

Thereupon the Defendant, TRACY BEATTY, through his counsel was asked by the Court whether

he had anything to say or offer at bar as to why sentence should not be formally pronounced against him and said counsel indicated there was nothing he had to offer at bar as to why sentence should

not be formally pronounced and adate of execution set. It appearing to the Court the Defendant,

TRACY BEATTY is mentally competent and understanding of the English language, the Court

proceeded, in the presence ofthe saidDefendant, TRACY BEATTY, and allhis counsel and counsel

for the State, in open court to formally pronounce Judgment and Sentence against the Defendant in

accordance with the jury's verdicts and mandate ofthe Texas Court ofCriminal Appeals, to set the

date ofexecution, and to order issuance ofthe Warrant ofExecution as follows:

IT IS THE ORDER OF THE COURT, that the said Defendant, TRACY BEATTY, who has

been adjudged to be GUILTY of the felony offense of CAPITAL MURDER, as charged in the

indictment in this cause, a Capital Felony; and that the said Defendant, TRACY BEATTY,

committed said offense on the 25th day of NOVEMBER, 2003, as found by the jury, and whose

punishment has been assessed by application oflaw to the verdicts ofthe Jury on the Special Issues

submitted and the Judgment ofthe Court, by DEATH, according to law, and, it is ORDERED, that

the Defendant, TRACY BEATTY, be taken by the SheriffofSmith County, Texas, and by him kept in custody until the Clerk ofthis Courtshall issue and deliverto said SheriffaDEATHWARRANT

(also known as aWARRANT OF EXECUTION), in accordance with this Judgment and Sentence,

directed to the Director of the Texas Department of Criminal Justice - Institutional Division

(formerly known as the Texas Department ofCorrections, State Penitentiary), at Huntsville, Texas

commanding him, the said Director of the Texas Department of Criminal Justice -Institutional

Division (formerly known as the Texas Department ofCorrections -State Penitentiary) to put into

execution the Judgment and Sentence of DEATH against the said TRACY BEATTY, and

immediately upon the issuance ofsaid WARRANT OFEXECUTION, the SheriffofSmith County

Texas is directed to take the said TRACY BEATTY, together with the said WARRANT OF

EXECUTION, to the Director ofthe Texas Department ofCriminal Justice -Institutional Division

(formerly known as the Texas Department ofCorrections, State Penitentiary) or other person legally authorized to receive such convicts, and deliver the said TRACY BEATTY and said WARRANT

OF EXECUTION into the custody ofsaid Director ofthe Texas Department ofCriminal Justice - Institutional Division (formerly known as the Texas Department ofCorrections, State Penitentiary), and the said Director ofthe Texas Department ofCriminal Justice -Institutional Division (formerly known as the Texas Department ofCorrections, State Penitentiary) is hereby COMMANDED and

DIRECTED tokeep the said TRACY BEATTY until the

13th DAY OF AUGUST. 2015

upon which day, at the Texas Department of Criminal Justice -Institutional Division (formerly
CAUSE NUMBER 241-0978-04 PAGE

known as the Texas Department of Corrections, State Penitentiary), at any time after the hour of

6:00p.m. in aroom arranged for the purpose of execution, the Director ofthe Texas Department of

Criminal Justice -Institutional Division (formerly known as the Texas Department ofCorrections,

State Penitentiary) is hereby, acting by and through the executioner assigned by said Director as

provided by law, COMMANDED, ORDERED, and DIRECTED to carry out this Judgment and

Sentence ofDEATH by intravenous injection ofa substance or substances in a lethal quantity

sufficient to cause the death ofthe said TRACY BEATTY and until said TRACY BEATTY is dead,

such procedure to be determined and supervised, in accordance with law, by the said Director ofthe

Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas

Department ofCorrections, StatePenitentiary).

ORDERED IN OPEN COURT ON THE 13TM DAY OF JULY, 2015.

SIGNED ON THIS THE 13TMDAY OF JULY, 2015.

Jwtt&in,

HONORABLE JACK SKEEN, JRl

JUDGE, 241st DISTRICT COURT

SMITH COUNTY, TEXAS
CAUSE NUMBER 241-0978-04 PAGE 8

ORDER

THEREFORE, it isthe further ORDER and the Judgment ofthis Court that the Director of

the Texas Department ofCriminal Justice - Institutional Division (formerly known as the Texas

Department ofCorrections, State Penitentiary), acting by and through the executioner assigned by

said Director as provided by law, be and is hereby DIRECTED, ORDERED and COMMANDED

to, at any time after the hour of6:00 p.m. on the 13th dav ofAUGUST. 2015, in aroom arranged

for the purpose of execution at the Texas Department ofCriminal Justice -Institutional Division

(formerly known as the Texas Department ofCorrections, State Penitentiary) to carry out this

Judgment and Sentence ofDEATH by intravenous injection ofasubstance or substances in alethal

quantity sufficientto cause the death ofthe saidTRACY BEATTY and untilsaidTRACY BEATTY

is dead, such procedure to be determined and supervised, in accordance with law, by the said

Director ofthe Texas Department ofCriminal Justice - Institutional Division (formerly known as

the Texas Department of Corrections, State Penitentiary).

SIGNED THIS THE 13TM DAY OF JULY, 2015

HONORABLE JACK SKEEN, J

JUDGE, 241ST DISTRICT COUR1

SMITH COUNTY, TEXAS
CAUSE NUMBER 241-0978-04 PAGE

WARRANT OF EXECUTION

ALL IN ACCORDANCE with this Warrant ofExecution (DeathWarrant) for the execution

ofthe sentence ofDEATH, and in accordance with the Judgment, Sentence, and Order Setting Date

of Execution and Order for Issuance of Warrant of Execution of this Court, show herein, which I

certify to be true and correct copies ofsuch documents now on file in my office and entered on the

Minutes ofsaid Court. Acertified true and correct copies ofthe Judgment and Sentence entered by the Court on AUGUST 10, 2004 which was affirmed by the Texas Court of Criminal Appeals, is

attached hereto as Exhibit "A."

HEREIN FAIL NOT, BUT DUERETURN MAKE OFTHEWARRANT OFEXECUTION

SHOWING HOW YOU HAVE EXECUTED THE SAME.

Given under my hand and seal of the 241st Judicial District Court of Smith County, Texas

on this the 13TM day of July, 2015.

JIM.$?!M5V

^KQuO *

LOIS ROGERS

DISTRICT CLERK/SMITH COUNTY, TEXAS

CLERK OF THE 241st JUDICIAL DISTRICT COURT

SMTfHQP

^

EPUTY-DISTR1CT CLERK

Print Name: Denise Langston
FILED

AU6 102004

JUDGEMENT AND SENTENCE OF DEATH

STATE OF TEXAS

VS.

CAUSE NO. 241-0978-04

X

X

TRACY BEATTY X

CAPITAL MURDER, CAPITAL FELONY

as charged in the Indictment

IN THE 241s'DISTRICT

COURT IN AND FOR

SMITH COUNTY, TEXAS

JUDGMENT

JUDGE PRESIDING :JACK SKEEN. JR. JUDGMENT DATE: August 10, 2004

ATTORNEY FOR STATE:

MATT BINOHAM/BRETT HARRISON

APRIL SIKES

OFFENSE CHARGED: CAPITAL MURDER

CONVICTED OF: CAPITAL MURDER

DEGREE: CAPITAL FELONY

CHARGING INSTRUMENT: INDICTMENT

TERMS OF PLEA BARGAIN: NONE

ATTORNEY FOR DEFENDANT:

ROBERT PERKINS

KEN HAWK

DATE OFFENSE

COMMITTED: NOVEMBER 25. 2003

PLEA: NOT GUILTY

DATE SENTENCE FORMALLY PRONOUNCED

AND IMPOSED: AUGUST 10. 2004 COURTCOSTS: $273,00

SUBJECT TO MANDATORY APPEAL AS PROVIDED BY STATUTE

PUNISHMENT AND PLACE

OF CONFINEMENT: DEATH SENTENCE

DEFENDANTORDERED HELD IN THE TEXAS DEPARTMENTOF CRIMINAL JUSTICEINSTITUTIONAL DIVISION UNIT UNTIL EXECUTED PURSUANT TO LAW AND THE

JUDGMENT AND SENTENCE OF THE COURT.

cjft\\>X (y
JUDGMENT AND SENTENCE OF DEATH PAGE 2

DATE DEATH PENALTY TO BE IMPOSED: TO BE SET AFTER MANDATORY APPEAL

AS PROVIDED BY STATUTE

TIME OF CONFINEMENT

TO DATE OF JUDGMENT: 224 DAYS RESTITUTION: NOT APPICABLE

JUDGMENT OF CONVICTION AND DEATH SENTENCE

The Defendant having been indicted in the above entitled and numbered cause for the

felony offense ofCapital Murder as charged in the indictment, a capital felony, and this cause

being called for jury selection on JULY 8, 2004, the State appeared by her Criminal District

Attorney P. MATT BINGHAM and Assistant District Attorneys J. BRETT HARRISON and

APRIL SIKES. and the Defendant TRACY BEATTY. appeared in person and his counsel

ROBERT PERKINS and KEN HAWK, also being present and both parties announced ready and

jury selectioncommenced, and the Defendant in open court was duly arraigned and pleaded Not

Guilty to the charge of Capital Murder as contained in the indictmentherein, thereupon, jury, towit: MITCHELL HARRIS and eleven others, wereduly selected, along with one alternatejuror,

and upon completionofjury selection thejury was impaneledand sworn. On AUGUST2, 2004

the Court proceeded withthe trial with the reading of the indictment, the defendant entering his

plea of "NOT GUILTY", opening statements, and introductionof evidence. The jury, who

having heard the evidence submitted, and having been duly charged by the court, and after

hearing argument of counsel, retired in the charge of the properofficeto considertheirverdict,

and afterward were brought into open Court, by the proper officer, the Defendantand his counsel

being present, and in due form of law returned into openCourt the following unanimous verdict,

whichwasreceived by theCourt, and is hereand nowentered upon theminutes ofthe Court, to

wit:

WE, THE JURY, find unanimously and beyond a reasonable doubt, the Defendant,

TRACY BEATTY, Guilty ofCapital Murder, that is intentional murder committed in the course

of committing burglary of a habitation, as charged in the indictment.

/S/MITCHELL HARRIS

FOREMAN
JUDGMENT AND SENTENCE OF DEATH PAGE 3

The Defendant having been found guilty ofCapital Murder bythe verdict ofthe juryand

thereupon further evidence being heard bythe juryonthe special issues pertaining to

punishment, the Court again charged the jury as provided by law on the following special issues:

SPECIAL ISSUE NO. 1

Isthere a probability that the defendant, TRACY BEATTY, would commit criminal acts

of violence that would constitute a continuing threat to society?

SPECIAL ISSUE NO. 2

Taking into consideration all ofthe evidence, including the circumstances ofthe offense,

thedefendant's character and background, andthe personal moral culpability of the defendant, is

there sufficient mitigating circumstance or circumstances to warrant thata sentence of life

imprisonment rather than a death sentence be imposed?

Thejury, after hearing arguments of counsel, retired in charge of the proper officer to

consider their verdict and afterwards were brought into open Court by the proper officer; the

Defendant and his counsel being present and in due form of law returned into open Court the

following verdict, which wasreceived by the Courtand is here and now entered upon the

minutes ofthe Court, to-wit:

ANSWER TO SPECIAL ISSUE NUMBER 1:

We, the jury unanimously find and determinebeyond a reasonable doubt that the answer

to this Special Issue No. 1 is: "YES."

/S/ MITCHELL HARRIS

FOREMAN
JUDGMENT AND SENTENCE OF DEATH PAGE 4

ANSWER TO SPECIAL ISSUE NUMBER 2:

We, thejury unanimously find and determine beyond a reasonable doubtthat the answer

to this Special Issue No. 2 is "NO."

/S/ MITCHELL HARRIS

FOREMAN

JURY CERTIFICATE

WE, THE JURY, RETURN IN OPEN COURT THE ABOVE ANSWER OR

ANSWERS AS OUR ANSWER OR ANSWERS TO THE SPECIAL ISSUE OR SPECIAL

ISSUES SUBMITTED TO US, AND THE SAME IS OUR VERDICT IN THIS CASE.

/S/ MITCHELL HARRIS

FOREMAN

IT IS THEREFORE considered and adjudged by the Court, that the said Defendant is

guilty ofthe offense of Capital Murder, as charged in the indictment, a Capital Felony, and that

the said Defendant committed said offense on or about the 25TMday ofNovember, 2003, as found

by the jury, and that he be punished, as has been determined by the jury's answers to the special

issues and in accordance with State law by imposition ofthe sentence ofDEATH, according to

the law.

THEREUPON the said Defendant was informed by the Court ofthe mandatory appeal of

this Judgmentand Sentenceto the Texas Court of CriminalAppealsas providedby law and

rights to an 11.071 Application for Writ of Habeas Corpus, and further the said Defendant was

asked by the Court whether he had anything to say why said sentence should not be pronounced

against him, subject to the mandatory appeal and mandate, and he answered nothing in bar

thereof, and it appearing to the Court that the Defendant is mentally competent and understands

the English language, the Court proceeded, then in the presence ofthe Defendant, his counsel,

and counsel for the state, to pronounce sentence, subject to mandatory appeal, against him as

follows:
PAfiF S JUDGMENT AND SENTENCE OF DEATH

IT IS THE ORDER OF THE COURT, that the said Defendant, TRACY BEATTY, is

guilty ofthe offense ofCAPITAL MURDER, as charged in the indictment'^J^ on that the said Defendant, TRACY BEATTY, committed said offense ofCAPTIAL MURDER on

or about the 25* day ofNovember, 2003, as found by the jury, and that he be punished, as ha been detelined by the jury's answers to the special issues along with Texas law by impos.tion of he punishmentofDEATH, according to the law, and said Defendant ,s remanded o, the

Sheriffof Smith County, Texas to be delivered to the Director ofthe Texas Department of S^<TMCr«as Dep rtment ofCriminal Justice, Institutional Division), or other person Wally authorized to receive said Defendant, to be held until adate to be determined and ordered by ms Court should the appeal in this cause be affirmed and the Mandate ofsame is return*1 to

the Clerk ofthis Court, whereupon aDeath Warrant with date of execution shall be ordered as provided by law, and there after the Defendant transported to the appropriate authority for

execution as provided by law.

SIGNED thisthe 11* dayof August, 2004.

Smith County, Texas

NOTICE OF APPEAL:

MANDATED BY TEXAS LAW from date ofJudgment ofDeath AUGUST 10, 2004.

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