Texas Department of Criminal Justice
Brad Livingston
Executive Director
February 12, 2015
The Honorable Gary Fitzsimmons
Dallas County District Clerk
600 Commerce Street Suite #103
Dallas, Texas 75202
RE: DONALD KEITH NEWBURY TDCJ# 999403
Dear District Clerk:
Enclosed is the Return of the Director of the Texas Department of Criminal Justice Correctional
Institutions Division, of the Death Warrant pertaining to DONALD KEITH NEWBURY issued
in 283rd Judicial District Court of Dallas County, Texas on July 25, 2014, which was carried out
on February 4, 2015. Also enclosed is the Certificate with the director's statement of compliance
with the command of the warrant. The certificate also indicates the disposition of the remains as
required by Article 42.23 of the Texas Code of Criminal Procedure.
Sincerely,
CaJafa ujJIMo «Iiotof
CarkM Willis - FEB 17 2015
Deputy General Counsel
OFFICE OF THE GENERAL COUNSEL
AM Acosla, Clerk
Cc: The Honorable Gregg Abbott, Governor
The Honorable Ken Paxton, Attorney General
Abel Acosta, Clerk, Court of Criminal Appeals
Kelly Enloe, Chairman, Classification & Records, TDCJ
Attachment
CMW/caf
Our mission is toprovide public safety, promote positive change in offender
behavior, reintegrate offenders into society, andassistvictims ofcrime.
Office of the General Counsel
Sharon Felfe Howell, General Counsel - sharon.howell@tdcj.texas.gov
P.O. Box 13084 Capitol Station P.O. Box 4004
Austin, Texas 78711-3084 Huntsville, Texas 77342-4004
Phone (512) 463-9899, FAX (512) 936-2159 Phone (936) 437-6698, FAX (936) 437-6994
RETURN OF THE DIRECTOR OF THE CORRECTIONAL
INSTITUTIONS DIVISION
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
)th i . „<••»•#„. -.r.A-> „„ j *_a .a.- /ith
Came to hand, the 18m day ofMay 2002 and executed the 4m day ofFebruary2015 by the
death of DONALD NEWBURY.
DISPOSITION OF BODY:
Date: h^iX^j^Ou^. *\ 2-D\$
Time: Ijp ". 25 km
William Stephens, Director
Texas Department of Criminal Justice
Correctional Institutions Division
CERTIFICATE
I hereby certify that the Death Warrant in the case'-of The State ofTexas vs. DONALD NEWBURY
issued in the 283rd Judicial District Court of Dallas County, Texas on July 25, 2014, and was
executed according to the laws of the State of Texas on February 4,2015. The death of DONALD
NEWBURY was caused by intravenous injection of lethal substances at the Huntsville Unit of the
Texas Department ofCriminal Justice-Correctional Institutions Division at lp >XS> p.m.
February 4, 2015. The body of the deceased was given into the custody of Carnes Funeral Home;
agent for the requesting relative. This Certificate and Return ofWarrant (enclosed)is in compliance
with Article 43.23 of the Texas Code of Criminal Procedure.
j-rt
William Stephens, Director
Texas Department of Criminal Justice
Correctional Institutions Division
SUBSCRIBED AND SWORN TO BEFORE ME this the4m day of February 2015
CONNIE E. I
WEICH • • ' . • , a
Notary Public. State of Texas * A A i \ IU
My Commission Expires , L>CW"W~l-4_JL-^ *— • JLA~-)-JLX CJpS
.11-00-2017 . 1 "—; " ~~ ~ :
Notar v wiihVui eond NOTARY PUBLIC, WalkerCounty, Texas
My commission expires: 11 - O U> -2-Q11
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
WARRANT OF EXECUTION
TO THE HONORABLE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION, HUNTSVILLE, TEXAS - GREETINGS:
WHEREAS, there waspresented into Court an indictment charging Donald Newbury with
the offense of capital murder; and
WHEREAS, in the 283rd Judicial District Court ofDallas County, Texas, Donald Newbury
was duly and legally convicted by a jury of the crime of capital murder upon said indictment and
sentenced todeath; andtheCourt having pronounced sentence in thepresence of thedefendant and
his attorneys, as fully appears inthe Judgment and Sentence ofsaid Court entered upon the Minutes
of the said Court, as follows, to-wit;
JUDGMENT AND SENTENCE ATTACHED
WARRANT OF EXECUTION
Newbury.wex
THIS CASE IS ON APPEAL
Cause No. F01-00324-ST
THE STATE OF TEXAS § IN THE 283rd JUDICIAL
VS
vs-
§
§ DISTRICT COURT OF
§
DONALD KEITH NEWBURY § DALLAS COUNTY, TEXAS
JUDGMENT ON PLEA OF NOT GUILTY BEFORE JURY
PUNISHMENT BY JURY - NO COMMUNITY SUPERVISION
JANUARY TERM, 2002
JUDGE PRESIDING: Vickers L. Cunningham, Sr. DATE OF JUDGMENT: January 28, 2002
ATTORNEY FOR STATE: Toby Shook ATTORNEY FOR DEFENDANT: Doug Parks
OFFENSECONVICTED OF: Capital Murder
DEGREE: ACapital Felony COMMITTED ON: 24 December, 2000
CHARGING INSTRUMENT: Indictment PLEA: NOT GUILTY
VERDICT: GUILTY AS CHARGED FOREMAN: B.L. Modic
DEADLY WEAPON FINDING: The jury finds that Defendant herein used or exhibited adeadly
weapon during the commission of said offense, to wit: a firearm
PUNISHMENT ASSESSED BY: Jury -see special issues attached hereto and incorporated by reference
DATE SENTENCE IMPOSED: 28 January, 2002 COSTS: YES
PUNISHMENT AND PLACE OF CONFINEMENT: Death in the Institutional Division of the Texas Department
of Criminal Justice
DATE TO COMMENCE EXECUTION: To be determined at a later date
CREDIT FOR TIME SERVED: 22 January, 2001 - 28 January 2002
On this day set forth above, the above styled and numbered cause came to trial. The state of Texas and defendant
appeared by and through the above-named attorneys and announced ready for trial. Defendant appeared in person in
open court. Defendant in open court was duly arraigned, and entered the above shown plea. The defendant was
admomshed by the court of the consequences of the said plea and defendant persisted in entering said plea, and it plainly
appearing to the court that defendant is mentally competent and said plea is free and voluntary, the said plea was
accepted by the court and is now entered of record as the plea herein of defendant. Thereupon ajury was duly selected
impaneled and sworn, who having heard the indictment presented and defendant's plea thereto, and having heard the '
evidence submitted, and, having been duly charged by the court as to their duty to determine the guilt or innocence of the
defendant, and after having heard the arguments of counsel retired in charge of the proper officer to consider their
verdict. Afterward (he jury was brought into open court by the proper officer, defendant and his counsel being present
and in due form of law returned into open court the above shown verdict which was received and accepted by the court'
and is here and now entered upon the minutes of the court.
VOLUME 402, PAGE 118
Thereupon, thedefendant having previously elected to have punishment assessed by thejury, the jury heard evidence related to the
question of punishment. Thereafter, the jury retired to consider such question, and, after having deliberated, the jury was brought
back into open court by the proper officer, the defendant, defendant's attorney, and the State's attorney being present, and being
asked if the jury had agreed upon a verdict, the jury answered it had, and returned.to the Court their verdict as shown above. Said
verdict was read aloud, received by the Court, and is now entered upon the minutes of the Court.
When it is shown above the defendant is guilty of theoffense set forth above, it is considered by the court thatsaiddefendant is
adjudged to be guilty of the offense set forth above and that defendant committed the offense on thedate set forth above as charged
in the indictment and that said defendant bepunished ashas been determined bythe jury, said punishment being determined bythe
jury's answers to the Special Issues submitted to them, and that the defendant be confined in the place of confinement shown above
until such time as the sentence of death can be carried out. It is ordered that the State of Texas have and recover of the said
defendant all costs in this prosecution expended for which let execution issue. The Court further makes its finding as todeadly
weapon as set forth above based upon the jury's verdict.
When it is shown above that restitution has been ordered but the court determines that the inclusion of the victim's name and address
in the judgment is notin the best interest of the victim the person or agency whose name and address is set outin this judgment will
accept and forward the restitution payments to the victim.
And when it is shownbelowthat payment of the costs of legal servicesprovided to the defendant in this cause has been ordered, the
court finds that the defendant has the financial resources to enable the defendant to offset said costs in the amount ordered.
Thereupon the said defendant was asked by the court whether he had anything to say why said sentence should not be pronounced
against him and he answered nothing in bar thereof, and it appearing to thecourt that the defendant is mentally competent and
understanding of the proceedings, the Court proceeded to pronounce sentence upon said defendant.
It is therefore, considered and ordered by the court in the presence of defendant and his attorney, that said judgment as set forth
above is hereby in all things approved and confirmed, andthat defendant, whohas been adjudged guilty of the above named offense,
as shown above, andwhose punishment has been assessed as shown above, be punished in accordance with thepunishment set forth
above and that defendant shall be delivered bythe sheriff to the director of the Institutional Division of the Texas Department of
Criminal Justice, or other person legallyauthorized to receive suchconvicts for the punishment assessed herein and said defendant
shall be confined until such time as the sentence of death can becarried out in accordance with theprovisions of law governing such
punishments. It is further ordered thatthe defendant pay the court costs, costs and expenses of legal services provided by the court
appointed attorney in this cause, if any, and restitution or reparation, as set forth herein, for which let executionissue.
Defendant is hereby ordered remanded to jail until said sheriff canobey the directions of this judgment.
Following the disposition ofthis cause the defendant's fingerprint was in open court, placed upon a certificate offingerprint. Said
certificate is attached hereto and is incorporated by reference as a part of thisjudgment.
Defendant excepts and gives notice of appeal.
Court costs in the amount of $242.25
Signed and entered this Monday, January 28, 2002.
VICKERS L. CUNNINGHAM? SR., JUDGE
283rd JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS
VOLUME 402, PAGE 118
UUJXiMJSNT
-ERTIPICATE OP THUMBPRINT
cause no. F-d3\rxn>!it4
THE STATE OP TEXAS
IN THE Cv^w< .
VS.
DISTRICT COURT
DALLAS COUNTY, TEXAS
H
•.?<*: & •.•<*v>'
Right
Thumb*
Defendant's -S^_ hand
OP THE ABOVE STYLED iKSl'S™ **"* °P ""POSITION
DONE IN COOHT THIS Afi^DAY OP 5^,. «^^
X £ i^T
BA1L1PP/UEPUTY SHERIFF
tsll^el £*£*? Print °ther "-n defendant's right thumbprint
• left thumbprint Q left/right index finger
r } other,
ANDWHEREAS, onthe 14th day ofJune, 2004, intrial court No. FOl-00324-JT, Court of
Criminal Appeals No. 74,308 the Texas Court of Criminal Appeals issued a mandate affirming the
Judgment in Donald Keith Newbury vs. The State ofTexas as follows, to-wit:
MANDATE ATTACHED
WARRANT OF EXECUTION
Newbury.wex
°RIGIHAL
TEXAS COURT OF CRIMINAL APPEA
Austin, Texas
MANDATE
THE STATE OF TEXAS,
TO THE 283rd JUDICIAL DISTRICT COURT OF DALLAS COUNTY GREETINGS:
Before our COURT OF CRIMINAL APPEALS, on the 21st day of APRIL. A.D. 2004, the cause upon appeal
to revise or reverse your Judgment between:
DONALD KEITH NEWBURY
VS.
THE STATE OF TEXAS
CCRANO. 74.308
TRL4L COURT NO. F01-00324-.IT
was determined; and therein our said COURT OF CRIMINAL APPEALS made its order in these words:
"This cause came onto be heard onthe record ofthe Court below, and the same being considered, because it is the
Opinion ofthis Court that there was no error in the judgment, it is ORDERED, ADJUDGED AND DECREED by the
Courtthat thejudgmentbe AFFIRMED, in accordance with the Opinion of this Court, and that this Decision be certified
below for observance."
WHEREFORE, Wecommand youto observe theOrderof our saidCOURT OF CRIMINAL APPEALS in this
behalf and in all things have it duly recognized, obeyed and executed.
WITNESS, THE HONORABLE SHARON KELLER,
PresidingJudge of our said COURT OF CRIMINAL APPEALS,
with the Seal thereof annexed, at the City of Austin,
this 14th day of JUNE. A.D. 2004.
. , TROY C. BENNETT, JR., Clerk
Deputy Clerk
Veronica Arellano
AND WHEREAS, the 283rd Judicial District Court ofDallas County, Texas on the 16th day
of July, 2014, did enter an Order Setting ExecutionDate as set forth in the Minutes ofsaid Court, as
follows, to-wit:
ORDER SETTING EXECUTION DATE
ATTACHED
WARRANT OF EXECUTION
Newbury.wex
( )
CAUSE NO. F01-00324-T
THE STATE OF TEXAS § IN THE 283rd JUDICIAL
§
VS. § DISTRICT COURT
§
DONALD NEWBURY § DALLAS COUNTY, TEXAS
ORDER SETTING EXECUTION DATE
The Court has reviewed the State's Motion to Set Execution Date and finds that the
motion should be granted; and whereas
The Defendant, Donald Newbury, was previously sentenced to death by the Court in
the presence of his attorneys; and
There being no stays of execution in effect in this case, it is the duty of this Court to
set an execution date in the above numbered and styled cause, and the Court now enters the
following ORDER:
IT IS HEREBY ORDERED that the Defendant, Donald Newbury, who has been .
adjudged to be guilty of capital murder as charged in the indictment and whose punishment
hasbeen assessed bythe verdict of thejuryandjudgment of the Court at Death, shall bekept
in custody by the Director of the Texas Department of Criminal Justice, Institutional
Division, until the 4th day ofFebruary, 2015, upon which day, at the Texas Department of
Criminal Justice, Institutional Division, at some time afterthe hour of six o'clock p.m., in a
ORDER SETTING EXECUTION DATE
Newbury/ose
Original
room arranged for the purpose of execution, the said Director, acting by and through the
executioner designated by said Director, as provided by law, is hereby commanded, ordered
and directed to carry out this sentence of death by intravenous injection of a substance or
substances inalethal quantity sufficient to cause the death ofthe said Donald Newbury until
the said Donald Newbury is dead. Such procedure shall be determined and supervised by the
said Director of the Texas Department of Criminal Justice, Institutional Division.
The Clerk ofthis Court shall issue and deliver tothe SheriffofDallas County, Texas,
a Death Warrant in accordance with this Order, directed to the Director of the Texas
Department of Criminal Justice, Institutional Division, atHuntsville, Texas, commanding
him, the said Director, to put into execution the Judgment of Death against thesaid Donald
Newbury.
The Sheriff of Dallas County, Texas is hereby ordered, upon receipt of said Death
Warrant, to deliver said Warrant to the Director of the Department of Criminal Justice,
Institutional Division, Huntsville, Texas.
SIGNED this /V day of July. 2014.
283rd JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS
ORDER SETTING EXECUTION DATE
Newbury/ose
Original
You are hereby commanded to carry into execution the order of execution herein in
accordance with this Warrant for the execution of the sentence of death, and in accordance with the
Judgment andSentence of this said Court, shown herein, which I certify to betrueandcorrect copies
of the original Judgment and Sentence, Mandate, and Order Setting Execution Date now on file on
my office and entered on the Minutes of said Court.
HEREIN FAIL NOT, but due returnmake ofthis Warrant showing how you have executed
the same.
Given under my hand and seal ofthe 283rd Judicial District Court ofDallas County, Texas,
on this 2-& ~ day ofJuly, 2014.
gary(fitzsimmons, jxssmcw^s^..^/0%
DALLAS COUNTY, TEXASJ #•&•'"" V r ">&''"
~ - -;v^#
WARRANT OF EXECUTION
Newbury.wex
CLERK'S CERTIFICATE
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
I, GARY FITZSIMMONS, CLERK OF THE DISTRICT COURTS WITHIN AND FOR
THE STATE AND COUNTY AFORESAID, DO HEREBY CERTIFY THAT THE ABOVE AND
FOREGOING IS A TRUE AND CORRECT COPY OF THE WARRANT OF EXECUTION IN
CAUSE NO. FO1-00324-T, ENTITLED THE STATE OF TEXAS V. DONALD NEWBURY, AS
THE SAME APPEARS ON RECORD IN VOL. ^'7 PAGE <£<£> i
NOW ON FILE IN MY OFFICE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE INDALLAS COUNTY, TEXAS,
THIS ?=&__ DAY OF JULY, 2014.
,«»**•'*»«&/,
GARYJFITZSIMMONS,
IRYJFITZS]
*&&&&„
DALLAS COUNTY, TEXAl
CLERK'S CERTIFICATE - Page Solo
Newbury, Donald Keith
Combined Opinion