Death sentence in 2012 One Guy From Italy fatal robbery affirmed again by appeals court
Brian Michael Suniga, the condemned killer in the 2011 shooting at a Lubbock pizzeria, remains on death row after justices with Texas' highest court on criminal matters recently upheld his conviction and death sentence.
At present, Suniga, 42, is the only inmate on death row awaiting execution who was convicted out of a Lubbock district court.
Suniga can still file an appeal at the federal level. His attorneys have until 15 days after last Wednesday's ruling to file an appeal in federal district court.
Suniga was convicted and sentenced to death by a Lubbock jury in 2014 for fatally shooting David Rowser during a Dec. 26, 2011, armed robbery at the One Guy From Italy restaurant near the intersection of Quaker Avenue and 50th Street.
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During Suniga's trial, which started on May 13, 2014, prosecutors put on evidence that showed Suniga and his cousin were the robbers who entered the restaurant approached the register and pointed handguns at Jonathan Rowser’s head. The pair demanded money from the cash register, but ended up stealing the tip jar from the counter.
As they made their way out, David, Jonathan’s brother and co-worker at the pizzeria, walked out of the bathroom with a mop in his hands. Suniga then shot at David Rowser three times, striking him twice in the chest and once in the neck and yelled, “That’s what you get!”
David was taken to a hospital, where he died.
Eye witnesses gave police descriptions of the robbers which resembled Suniga and Lopez. A search of their getaway vehicle yielded a handgun, a box of ammunition, and the tip jar lid taken from the restaurant.
Business cards found at the restaurant immediately after the shooting had DNA evidence that came from Suniga.
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He and his cousin, Cecilio Lopez Jr., were arrested two days later in Taylor County.
Defense attorney's case was that the evidence failed to show that Suniga and his cousin were the robbers.
Jurors found Suniga guilty and prosecutors asked for the death sentence.
In his closing argument, Lubbock County District Attorney Matt Powell Powell told jurors Suniga will continue to be a threat to those around him. He said a life sentence would endanger not only other inmates but prison workers as well.
Defense attorneys asked jurors for a life sentence, saying Suniga was essentially shoved toward destruction by a family who raised him in an environment mired in alcohol, drugs, violence and sexual misconduct.
Jurors handed a death sentence and an automatic direct appeal was filed with the Texas Court of Criminal Appeals.
Meanwhile, Lopez pleaded guilty to his role in the fatal shooting in exchange for a life sentence without the chance of parole.
On Feb. 1, 2017, the Court of Criminal Appeals overruled Suniga's direct appeal that claimed 17 points of error and upheld his conviction and death sentence.
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Wednesday's opinion follows a recommendation by Senior District Judge Sid Harle in the 140th District Court who presided over a two-week evidentiary hearing that began May 3, 2021 that explored 10 claims Suniga's attorneys raised for a new trial or sentence.
During the hearing, Suniga's appellate attorneys called on witnesses that included former Lubbock County District Attorney Matt Powell, defense attorneys Dennis Reeves and Ray Keith and jurors who deliberated at the trial.
In his appeal, he accused his trial attorneys of failing to produce a coherent case for a life sentence for their client. He also accused prosecutors of withholding information that might have changed his attorney's defense.
However, justices with the Texas Court of Criminal Appeal rejected Suniga's appeal, saying he failed to prove that any of his claims were true.
This article originally appeared on Lubbock Avalanche-Journal: Appeals court denies second appeal in One Guy From Italy fatal robbery
