AUSTIN- Pursuant to an order entered by the 329th Judicial District Court of Wharton County, James Garrett Freeman is scheduled for execution after 6:00 p.m. on January 27, 2016.

On March 16, 2007, James Garrett Freeman shot and killed Texas Game Warden Justin Hurst, an on-duty peace officer. On November 7, 2008, the 329th Judicial District Court of Wharton County, Texas entered a judgment of conviction against him for capital murder and sentenced him to death. On January 25, 2016, the Texas Board of Pardons and Paroles voted not to recommend a commutation of sentence.

FACTS OF THE CRIME

On March 16, 2007, Texas Game Warden Jonathan Blackburn attempted to pull over Freeman suspecting that he discharged a gun from his truck. Freeman fled and led officers on a ninety-minute chase ranging in speeds from forty-five to 100 miles per hour. After officers disabled Freeman’s truck with spike strips, he emerged from the vehicle firing handgun at officers, emptying the magazine. Officers returned fire as Freeman used his vehicle for cover. Freeman then fired an AK-47 assault rifle at the officers. Game Warden Justin Hurst attempted to return fire, and Freeman shot and killed him. 

PROCEDURAL HISTORY

On November 7, 2008, Freeman was convicted of capital murder and sentenced to death in the 329th Judicial District Court of Wharton County, Texas. The Court of Criminal Appeals (CCA) affirmed the conviction and sentence on direct appeal in a published opinion on March 16, 2011. The Supreme Court denied his petition for certiorari on January 17, 2012. The CCA denied his state application for writ of habeas corpus on December 12, 2012.

Freeman then filed a habeas petition in federal district court. The United State District Court for the Southern District of Texas, Houston Division, denied his claims, dismissed his federal habeas petition, and denied him a Certificate of Appealability (COA) on December 22, 2014. The Fifth Circuit also denied a COA on June 9, 2015. Finally, the Supreme Court denied his petition for a writ of certiorari on January 11, 2016.

On August 12, 2015, the 329th Judicial District Court of Wharton County entered an Execution Order and issued a Death Warrant setting Freeman’s execution for January 27, 2016 after 6:00 p.m.

MISCELLANEOUS

For additional information and statistics, please access the Texas Department of Criminal Justice website at www.tdcj.state.tx.us.