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What to know about the death penalty and death row in Texas

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What to know about the death penalty and death row in Texas


Texas inmate Robert Roberson, facing execution tonight, would be the sixth person put to death by the state of Texas this year.

Roberson, 57, was convicted of capital murder in 2003 for reportedly shaking his 2-year-old daughter, Nikki, to death. Advocates, his lawyers and a bipartisan group of lawmakers say he is innocent and the science behind “shaken baby syndrome” is flawed.

Texas legislators held a hearing Wednesday examining the evidence and hearing expert testimony in the case. Late in the evening, they voted unanimously to subpoena Roberson.

Here’s what to know about executions and death row in Texas:

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What method does Texas use for executions?

Texas uses lethal injection — Pentobarbital — to carry out death sentences, according to the Texas Department of Criminal Justice website.

In Texas, from 1819 to 1923, people in Texas were put to death by hanging. In 1923, according to the Texas Department of Criminal Justice, the electric chair was adopted as the method, and made the state responsible for all executions. Before 1923, counties carried out death sentences.

Texas legislators subpoena Robert Roberson to speak hours before his scheduled execution

Charles Reynolds was the first person in Texas to die in the electric chair on Feb. 8, 1924. Joseph Johnson was the last person put to death by electrocution in Texas, on July 30, 1964.

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How many people are currently on death row in Texas?

The men are housed in the Polunsky Unit in Livingston in single cells with a window, according to the TDCJ website. The women are housed at the O’Daniel Unit in Gatesville.

Robert Roberson denied clemency in ‘shaken baby’ case 1 day out from execution

Executions are carried out in Huntsville, about a three-hour drive from Dallas.

As of Wednesday, there were 174 people on death row in Texas, seven of whom are women, including Melissa Lucio who was convicted in 2008 of beating to death her 2-year-old daughter. In 2022, the Texas Court of Criminal Appeals granted a stay of execution so a lower court can review her claims that new evidence in her case would exonerate her.

Earlier this year, a district judge recommended the Texas Court of Criminal Appeals overturn her conviction after a South Texas district attorney’s office admitted prosecutors withheld evidence, the Texas Tribune reported.

Texas appeals court delays execution of Melissa Lucio

When was the last execution in Texas and who was it?

The last execution in Texas was Oct. 2. Garcia Glenn White, 61, was pronounced dead at 6:56 p.m. following a chemical injection at the state penitentiary in Huntsville.

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He was convicted of fatally stabbing twin 16-year-old girls. The bodies of Annette and Bernette Edwards. The bodies and their mother, Bonita Edwards, were found in their Houston apartment in December 1989. Authorities said he was later tied to the deaths of a grocery store owner and another woman.

How many people has Texas executed?

Texas leads U.S. states in executions since the death penalty was reinstated in 1976.

Currently 27 states, the federal government, and the U.S. military use the death penalty. Three states — California, Oregon, and Pennsylvania — also allow capital punishment but their governors have instituted a moratorium in those states.

Since Texas reinstated capital punishment and adopted lethal injection as its means of execution in 1977, the state has put 591 people to death, according to online records. Charlie Brooks was that first in that span. He was executed on Dec. 7, 1982 for the kidnap/murder of a Fort Worth auto mechanic.

From 1923-73, before the U.S. Supreme Court declared capital punishment “cruel and unusual,” Texas executed 506 people, according to TDCJ online records.

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During that time, 69 people in Dallas County, 3 people in Collin County, 2 in Denton County, 6 in Ellis and 21 in Tarrant were sentenced to death.

What other executions are scheduled in Texas?

Two executions are scheduled for early 2025. Steven Lawayne Nelson, 37, is scheduled to be put to death Feb. 2, 2025. The Arlington man was convicted in the 2011 death of 28-year-old Rev. Clint Dobson at NorthPointe Baptist Church.

David Leonard Wood, who has been on death row since November 1992, is scheduled for execution on March 13, 2025. Wood, of El Paso, was convicted of killing one girl but was indicted in the deaths of five other girls found in the desert around El Paso between June and August 1987, according to the El Paso Times and TDCJ records.



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Texas Tech student identified as victim in Austin bar shooting

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Texas Tech student identified as victim in Austin bar shooting


One of the two victims in the Austin bar shooting early Sunday has been identified as a Texas Tech University student, according to social media posts from his siblings and from a local politician.

Ryder Harrington, 19, was killed in the shooting that unfolded just outside of a popular beer garden in downtown Austin that also left 14 others injured. The suspect, who was fatally shot by officers, had a history of mental illness, sources familiar with the investigation told NBC News.

“Ryder was the best mix of all the Harrington crew,” his brother, Reed Harrington, wrote on Facebook in a post confirming his death. He said the entire family appreciates the condolences they have received.

Authorities have not yet publicly identified the other victims and are still working to determine a motive in the shooting, including whether it was an act of terrorism. The Austin Police Department is set to have a press conference this afternoon.

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Ryder Harrington.@reed.harrington via Instagram

“It is unfair, to say the least, that my little brother was only given 19 years on this earth,” Reed Harrington wrote. “Watching the man he had become, and seeing all the lives he touched, leaves me certain that this world was robbed of a great future.”

The brother added, “I don’t think life will ever feel normal again. I have no idea what I’m supposed to do, but I know you will always be there to guide me and be my mentor.”

Harrington’s sister, Reagan Harrington, called him her “best friend” in an Instagram post memorializing him, adding, “I can’t believe you aren’t with me right now.”

“Nothing would be enough to express how special you are to me,” Reagan Harrington wrote. “I’m not sure how we’re meant to work through this — all I can think about is seeing you again.”

Ryan Harrington, the fourth of the siblings, also posted about Harrington’s death on Instagram.

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“I’m gonna miss my brother,” Ryan Harrington wrote.

Harrington’s death was also confirmed by his fraternity, Beta Theta Pi. According to the chapter’s Instagram post, Harrington was a part of the Fall 2024 pledge class.

“From the moment he joined our brotherhood, he brought a light that was impossible to ignore,” the Beta Theta Pi post read. “Ryder had a rare ability to truly enjoy life to make people laugh, to make moments feel bigger, and to make ordinary days unforgettable.”

Beta Theta Pi will be hosting a candlelight vigil to honor their brother on Monday at 8 p.m., the post said. The chapter also started a GoFundMe to support Harrington’s family.

Speaker of the Texas state House Dustin Burrows posted about Harrington’s passing on X and said that the teen is the brother-in-law of one of his team members.

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“From all accounts, Ryder was exactly the kind of young man who made a difference without even trying — full of life, loyal to his friends, proud to be a Red Raider and a Texan, and someone who showed up for the people around him,” Burrows wrote.

He added that he is praying for the Harrington family and “everyone who loved Ryder — the number appears to be countless.”

Two killed in early Sunday shooting

Harrington was one of two victims killed in the shooting that broke out early Sunday morning outside of Buford’s, a popular beer garden in downtown Austin. The other victim has not yet been identified.

Of the 14 injured, three were taken to the hospital in critical condition, said Robert Luckritz, chief of the county’s emergency medical services. Their conditions were not immediately available as of Monday.

The shooter has been identified as 53-year-old Ndiaga Diagne. Officers shot and killed him shortly after the attack, police said.

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Diagne was a Senegalese national and a naturalized U.S. citizen living in Pflugerville, Texas, four law enforcement officials told NBC News. At the time of the shooting, he wore a sweatshirt that said “Property of Allah,” and a shirt underneath bearing an Iranian-flag theme.

Diagne appeared to have acted alone and had no ties to the state, according to sources who emphasized that the investigation is in its preliminary stages.

A Homeland Security official told NBC News that Diagne first entered the U.S. on March 13, 2000, on a B-2 tourist visa. He became a lawful permanent resident in 2006 based on marriage to a U.S. citizen and a naturalized citizen in 2013, the official said. He was arrested in 2022 in Texas for a collision with vehicle damage, the official said.

On Sunday, Alex Doran, a special agent with the San Antonio FBI field office, said, “There were indicators that on the subject and in his vehicle that indicate potential nexus to terrorism,” but noted that it is “still too early to make a determination on that.”

Austin Police Chief Lisa Davis said at a news conference Sunday that Diagne may have circled Buford’s in his car before rolling his window down, striking patrons on the bar’s front patio using a pistol.

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He then parked the car, got out holding a rifle, and shot people who were walking by, Davis said. Officers encountered the man along West Sixth Street, which is when they shot him.

Buford’s is 2 miles from the heart of the University of Texas at Austin campus and less than a mile from the Texas Capitol Building.

Other Texas officials offered their prayers and condolences for the victims, including Gov. Greg Abbott, who warned anyone who “thinks about using the current conflict in the Middle East to threaten Texans.”

He appeared to be talking about the joint military operations of the U.S. and Israeli governments against Iran, which killed the country’s supreme leader, Ayatollah Ali Khamenei.





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Political fighting pervades Texas politicians’ responses to Austin shooting

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Political fighting pervades Texas politicians’ responses to Austin shooting


Texas elected officials and candidates’ response to the deadly shooting in downtown Austin on Sunday quickly turned political, as Republicans sharply criticized the country’s naturalization process and Democrats called for stricter gun reform laws.

Republicans’ rebukes of the immigration system came after media outlets identified the gunman, whom police killed within a minute of arriving at the scene, as a naturalized citizen from Senegal. The Department of Homeland Security said the man entered the United States on a tourist visa in 2000, became a lawful permanent resident by marrying a U.S. citizen in 2006 and was naturalized in 2013.

Shortly before 2 a.m. Sunday, the gunman killed two people and injured 14 others at a bar that sits among several popular nightlife venues on West 6th Street.

Many Texas Republicans, including Gov. Greg Abbott, suggested the gunman wasn’t properly backgrounded before he was granted U.S. citizenship, but did not provide details of what should have prevented his naturalization. When asked about his criminal history, DHS only said the man was arrested in Texas in 2022, after he was a citizen, for “collision with vehicle damage,” a misdemeanor crime typically given when someone leaves the scene of a wreck.

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The New York Post reported that gunman, 53-year-old Ndiaga Diagne, was arrested for “illegal vending” in New York City in 2001. Citing unnamed sources, The Post said he was arrested in New York three other times between 2008 and 2016, but those cases are sealed. The Post did not report on whether he was convicted of any crimes.

At least one GOP candidate for attorney general has called for an audit into immigrants who are in the country legally.

“Audit all ‘legal’ immigrants’ papers and deport as many as possible,” Aaron Reitz said on X.

Reitz and others also voiced their opposition to Islam, which has become a key campaign pillar for some Texas Republicans competing in Tuesday’s GOP primary. The gunman wore a sweatshirt emblazoned with the words “Property of Allah” and a shirt with a design of the Iranian flag, according to the Associated Press. The shooting happened after the United States and Israel bombed Iran.

Austin police did not disclose a motive for the shooting, but the FBI is investigating it as a potential act of terrorism, the Associated Press reported late Sunday.

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The Texas chapter of the Council on American-Islamic Relations, an American Muslim civil rights group, condemned the attack in a statement Sunday and rejected any efforts to blame the whole community based on one individual’s action.

“We encourage elected officials, law enforcement, faith leaders, and community members to come together to support the families of the victims and reaffirm our shared commitment to public safety,” the organization’s statement said.

Abbott and state Rep. James Talarico, an Austin Democrat running for U.S. Senate, quarreled on X about the shooting. Abbott said that “allowing unvetted immigrants who are hostile to America, who are loyal to our adversaries like Iran, must end. This was an act of terror, James.”

“The way to end it is to end the current open immigration policies,” he continued. “You and your immigration policies would make America less safe.”

Talarico responded to Abbott by saying “dangerous people should not be allowed into the country. Dangerous people should not be allowed to get guns. Texans understand this — you apparently don’t.”

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Austin Police Association President Michael Bullock criticized Talarico on X for politicizing the incident.

“With all due respect sir – now is not the time. All of the information has not come out. How can policy be made on incomplete information?” he said. “The action that needed to happen did – officers heroically ended the violence.”

“This applies to all candidates and elected officials regardless of party,” he continued. ”Now is the time to focus on the victims and first responders impacted, not campaigns.”

U.S. Rep. Chip Roy, who is also running for the GOP nomination to be state attorney general, posted alleged details about the gunman’s immigration to America and naturalization. He said the gunman was granted legal residency during George W. Bush’s administration, “amid GOP celebration of the joys of ‘melting pot’ legal immigration.”

“This is why we are losing our country, our immigration system is a joke, and should PAUSE ALL immigration,” Roy said.

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Naturalization is the legal process of becoming a citizen after meeting certain requirements.

Denise Gilman, director of the Immigration Clinic at the University of Texas at Austin, said there has long been extensive vetting in the naturalization process, including criminal background checks. She also said immigrants can’t immediately become citizens without first going through prior steps, such as becoming a lawful permanent resident, that require scrutiny.

“Naturalization is just the last step of many steps that all require vetting,” she said.

Immigrants are eligible for naturalization if they are 18 years old or older and have been green card holders for at least five years (three years if they are married to a U.S. citizen). They also have to take tests proving they’re able to speak, read and write in English. As of last fall, the Trump administration added more requirements, such as a more rigorous civics test, and having to prove to an immigration officer that they are “a person of good moral character.”

When asked about Diagne’s reported arrests, Gilman said generally arrests can be considered when evaluating moral character or discretion but will not automatically bar green card status or naturalization. Certain convictions, however, may result in actual bars.

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“It really depends on the nature of the crimes involved,” she said.

Around 818,500 people were naturalized in the fiscal year of 2024, according to U.S. Citizenship and Immigration Services, which has not published 2025 data yet — nearly 10% lived in Texas. The total was a 7% decrease from 2023, the agency said. From 2022 to 2024, the country has added more than 2.6 million new citizens through naturalization.

U.S. Sen. John Cornyn, who is up for reelection this year, said on Fox News that the shooting underscores “the importance of vetting people before they come across the border,” and is an example of “what happens when people become radicalized.”

Cornyn blamed the Biden administration for having “open border policies that let who knows what into the country,” Cornyn said.

Texas Democrats, meanwhile, responded to the shooting by pushing for stronger gun laws, but did not provide specifics on what policies would have prevented the man from obtaining weapons. Austin police also did not release details on how the man obtained the two firearms they say he used in the shooting.

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Republicans control both chambers of the Texas Legislature and have routinely loosened gun restrictions while Democrats’ bills to curb access gain little traction.

Austin-based U.S. Reps. Greg Casar and Lloyd Doggett also denounced gun violence, but did not issue any specific policy proposals.

“We must end America’s gun violence epidemic,” Casar said in a post on X. “Americans should be able to have fun at a bar without it turning into an unspeakable nightmare like this one — and I will redouble my efforts in Congress to prevent the next tragedy like this.”

Doggett said: “Gun violence is preventable. This devastating loss of life was preventable. Until Republicans find the courage to say no to the [National Rifle Association] our country will be plagued with more tragedies.”

Disclosure: University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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South Texas Blood & Tissue sends blood units to Austin after 6th Street mass shooting

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South Texas Blood & Tissue sends blood units to Austin after 6th Street mass shooting


SAN ANTONIO — South Texas Blood & Tissue worked late last night and early this morning to prepare and send blood units to Austin in the wake of the mass shooting on 6th street early Sunday.

The Blood Emergency Readiness Corp (BERC) has been activated and an additional 140 units have been sent from various blood centers, including O negative and O positive.

The blood bank says community support is critical and community members are encouraged to donate at any local donor center.

3 dead, 14 injured in Austin mass shooting on 6th Street, suspect fatally shot by officers

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Mayor Gina Ortiz Jones shared her condolences, adding that commonsense gun reform may prevent such tragedies in the future.

I’m deeply saddened to hear of the mass shooting in Austin that killed and injured so many,” Mayor Jones said in a statement. “Let’s keep our neighbors to the north in our prayers, that those injured recover quickly and the families of the victims who were needlessly murdered are comforted. We must prevent such tragedies from happening through commonsense gun solutions. Thank you to the first responders who were at the scene and prevented further loss of life.

U.S. Congressman Joaquin Castro condemned the country’s gun violence in an X post saying in part “Congress must continue to work to end the scourge of gun violence in our country.”

San Antonio’s FBI office is also assisting the Austin Police Department in their investigation, officials shared at a press briefing this morning.

Special Agent Alex Doran said the joint terrorism task force is helping investigate potential early indications of terrorism.

“We have members from our Evidence Response team as well as our many other specialty teams, including our digital forensics folks that are on scene, helping to address the scene and gather additional evidence,” Doran said. “Obviously, it’s still way too early in the process to determine an exact motivation, but there were indicators that on the subject and in his vehicle that indicate potential nexus to terrorism. Again, it’s still too early to make a determination on that.”

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