The task force program helps counties defray the expense of a death penalty trial — which can range from $80,000 and $200,000. The program will cost the county slightly more than $7,000 through 2009, but according to county officials, the fee increases dramatically over the next four years.
“If we approve this, there's no cost for the remainder of 2008, and it would be just over $7,000 for 2009,” County Judge Mark Barr told the court. “There's a state grant that pays for part of it, but as that grant runs out, the cost goes up. In 2010 we would be looking at about $10,473, and in 2011 it goes up to around $13,000. By 2012 it would be up to about $20,000.”
Barr said the court is required to give the task force 180 days notice if Howard County plans to leave the program.
“It's really a coin toss,” said Barr. “This is basically insurance. However, right now we have a case that's been kicked back by the appellate court, at least the punishment phase has, and there's the possibility the recent shooting could become a capital case”
Howard County District Attorney Hardy Wilkerson is currently faced with a decision whether to re-seek the death penalty for the county's only death row inmate, whose sentence was recently overturned by the 5th U.S. Circuit Court of Appeals.
Billy Ray Nelson, sentenced to death for the February 1991 fatal stabbing of Charla Wheat, had his sentence overturned in December 2006. At that time, the court ordered a new punishment phase trial for Nelson, who has been on death row for almost 16 years. The circuit court decision pertains only to retrying Nelson on punishment and has no bearing on his established guilt, officials said.
The May 4 double homicide of two Big Spring residents — Michael Cardona, 21, and Valerie Garcia, 20, who is believed to have been pregnant at the time of her death — is currently being investigated by the Big Spring Police Department, and according to Wilkerson, could become a death penalty case.
“It certainly appears to have the merits necessary for capital murder, but until the details of the investigation are turned over to us its hard to say for sure,” said Wilkerson shortly after the investigation began. “Anything at this point would purely be speculation.”
Commissioner Jerry Kilgore said he had consulted with Wilkerson on the matter, and the average number of cases that could turn into a death penalty case each year is surprising.
“He said on average we have these kinds of cases once every four years,” said Kilgore. “They may not go that far, but that's about how often we have a trial that could become a death penalty case.”
Commissioners voted unanimously to join the task force.
Contact Staff Writer Thomas Jenkins at 263-7331 ext. 232 or by e-mail at
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