Texas prepares for lethal injection execution of convicted El Paso child killer

The more than two-decade saga of one of El Paso's most disturbing slayings is set to come to an end with the execution of the man convicted in the murder of a 5-year-old girl abducted from a Walmart.

David Santiago Renteria, 53, sits in a small prison cell at the Texas Department of Criminal Justice's Polunsky Unit in Livingston, Texas, awaiting transfer to the Huntsville Unit, where he is scheduled to be executed by lethal injection Thursday, Nov. 16.

Renteria will be moved to the Huntsville Unit on the day of his execution, which is set to take place after 5 p.m. MT. He will be injected with a lethal dose of Pentobarbital, officials said.

Death row inmates are no longer allowed to make a last meal request. Renteria's last meal will be "from what's available on the day's menu to the inmates at the Huntsville Unit," Texas Department of Criminal Justice officials said.

While preparations have started for his execution, it could be postponed as Renteria's attorneys continue to file last-minute appeals in an effort to stop the killing. More appeals could be filed in the hours before his execution.

Renteria's attorney, Tivon Schardl, declined to comment, stating everything he had to say on the case was in the appeal motions he has filed.

The scheduled execution will come two days before the 22nd anniversary of the day, Nov. 18, 2001, when he kidnapped 5-year-old Alexandra Flores from an El Paso Walmart, strangled her to death and then burned her body. It also comes six days before his 54th birthday.

Renteria has declined all media requests for interviews, Texas Department of Criminal Justice officials said.

Several attempts to reach Alexandra's family were unsuccessful. Former El Paso District Attorney Jaime Esparza, who tried the case against Renteria, declined to comment because of his new role as U.S. Attorney for the Western District of Texas.

More: Man convicted of kidnapping, killing girl from El Paso Walmart, to be executed in November

When Renteria was officially sentenced to death in 2008, Esparza said jurors made it clear it was "important to protect our community" and sent a message that El Pasoans "will not tolerate this type of crime."

"This is one of those rare cases that the circumstances are aggravated enough, the crime is heinous and this case is definitely a death-penalty case," Esparza said in 2008. "There's no question in my mind the appropriate sentence is the death penalty and the jury did the right thing."

Renteria will be the fifth man convicted of a crime in El Paso to be executed in Texas since 1980.

The other men are Justen Grant Hall in 2019, William Josef Berkley in 2010, Ricardo Ortiz in 2009 and Ramon Pedro Hernandez in 1987.

There currently are seven other El Pasoans currently on death row. No execution dates have been set for them.

Facundo Chavez, 32, was the most recent person to receive the death penalty. Chavez was convicted of capital murder and sentenced to death in August in the fatal shooting of El Paso County Sheriff Deputy Peter Herrera during a 2019 traffic stop.

Another El Paso death penalty case remains pending in state court. The El Paso Walmart mass shooting gunman, Patrick Crusius, is charged with capital murder in the deaths of 23 people during an Aug. 3, 2019, racially motivated shooting at an East El Paso Walmart. El Paso District Attorney's Office officials are seeking the death penalty against him. A trial date has not been set.

New District Attorney ensure justice is served 20 years later

While appeals are still being heard, current El Paso District Attorney Bill Hicks said he is confident the execution will take place, but his team continues to work to counter any appeals filed by Renteria's attorneys.

"Up until I think 5:45 p.m., the process can always be stopped," Hicks said. "There's always a last-minute potential of a stay that can come in. So I'm planning to be there and, and while we think that it's going to go through, there's still that potential."

If Renteria is executed Thursday, it will be an end to a tragic event, Hicks said.

"Anyway, you look at this, it is still an execution," Hicks said. "It is still a tragedy that a person is going to lose their life. However, not just one, but two different juries came back and said that David Renteria would be a future danger to society, and both juries came back and said that there was nothing about him or what he did or his history or who he is that would mitigate what he did and mitigate the sentence of death.

"Therefore, two different juries felt that justice in this case was that he received the death penalty. I believe very firmly that this is the final culmination of justice for Alejandra."

Hicks and his staff have remained in close contact with Alexandra's family throughout the process.

"It's obviously very, very emotional for the family," Hicks said. "It's very personal for the family, very personal for everyone who had been involved with this case in any form because it was such a horrible, senseless tragedy."

More: Convicted El Paso killer David Renteria's execution date to remain, appeals court rules

The execution will not bring closure to Alexandra's family, but it will bring an end to the legal process the family has had to endure for two decades, Hicks said.

"Frankly, they (Alexandra's family) just want it to be over with," Hicks said. "They've been waiting a very long time for this date. They don't want it to continue. They don't want it to be reset. They just want it to be over with.

"I think the way it has been expressed to me, and I think that this fits with this family, is that the execution will not bring closure. Closure comes from within. The execution will bring finality and they need finality."

David Renteria sentenced to death twice by two different juries

Alexandra was Christmas shopping with her parents Nov. 18, 2001, at a Lower Valley Walmart, 9441 Alameda Ave., when Renteria kidnapped her.

As they shopped, her parents realized she was missing. They searched but could not find her. Store surveillance video showed Alexandra exiting the store about 5:15 p.m. with Renteria.

Alexandra's body was found about 7:10 a.m. the next day. She was naked and partially burned in a carport near Downtown El Paso, the El Paso Times reported.

An autopsy revealed Alexandra was strangled to death and then set ablaze, court documents state. Investigators later revealed there were no signs of sexual assault.

Renteria, a warehouse worker and laborer, was arrested two weeks later.

The key evidence was the discovery of a palm print on a plastic bag found over Alexandra's head. The palm print was determined to be from Renteria, court documents state.

An investigation into Renteria led police to a vehicle registered to the killer that was at 9441 Alameda Ave. at the time and date of Alexandra's disappearance. Renteria also told police he was at the location at the time and date of her disappearance, court documents state.

In September 2003, Renteria went to trial for the first time. He maintained his innocence, claiming Barrio Azteca gang members forced him to kidnap the girl and someone else was the person who killed her, court records show.

A jury convicted him of capital murder and was sentenced to death.

In Texas, a sentence of death comes with an automatic appeal.

A Texas appeals court heard the case. In 2006, the justices upheld the conviction but ordered a new sentencing phase of the trial.

The appeals court ruled that during the sentencing phase of his original trial, there was an "exclusion of evidence showing the defendant's remorse violated due process by preventing defendant from rebutting the State's case when the State left jury with false impression and emphasized it," an appeal opinion stated.

In 2008, a new sentencing trial was held with a jury reaching the same verdict as the 2003 jury — a sentence of death.

"David Renteria, you were found guilty in 2003 of capital murder. A jury found you guilty of murdering a 5-year-old little girl, Alexandra Flores," former Judge Mary Anne Bramblett, who presided over the trial, told Renteria as she handed down the sentence. "Now, another jury has again found you a future danger.

"This is an atrocious crime for which the laws of Texas allow the death sentence. Twice now, your community has decreed you should die for what you did to Alexandra," Bramblett said, the El Paso Times reported.

After the sentencing was handed down, Alexandra's family confronted Renteria as they gave emotional victim impact statements.

"The Bible speaks of forgiveness, but every tear I see my mom cry, every tear I see my family cry, every single time that we visit my sister in her grave, every holiday, every birthday, I wish you were dead," Esmeralda Frausto, Alexandra's sister, said in her 2008 victim impact statement. "You deserve to die, nothing less."

Renteria listened, expressionless, as Alexandra's family members addressed him in the courtroom, the El Paso Times reported.

"She was only 5 and beginning to understand life when you snatched her away from the people who loved her the most," Lizette Flores, Alexandra's sister, told Renteria during her victim impact statement. "Why would you do this to someone you didn't even know? Did you deserve more life than she did? You took her innocence."

The sentencing ended with an emotional outburst by Renteria's mother, the El Paso Times reported.

As bailiffs escorted Renteria from the courtroom, his mother shouted, "You're innocent, son. Don't worry."

Renteria replied, "I know, Mom. Don't worry about me."

Legal saga continues as David Renteria sat on death row

Since the 2008 sentencing, Renteria and his lawyers have filed several unsuccessful appeals and court motions. However, they briefly won a motion to postpone the Nov. 16 execution date set by the state of Texas in July.

Renteria and his attorneys filed the motion to stay the execution, asking for 327th District Court Judge Monique Velarde Reyes to indefinitely postpone the execution.

They argued his constitutional rights to due process and equal protection would be violated if the El Paso District Attorney's Office did not turn over all documents in his case, court documents state.

Reyes granted the motion April 29.

More: 8 men in El Paso murder cases on death row; Walmart shooter faces death penalty

Hicks then immediately filed an appeal of the judge's ruling. The appeal was then heard by the Texas Court of Criminal Appeals — the highest criminal appeals court in the state of Texas.

The question of whether Reyes acted within her legal rights when she granted the motion was the main argument of Hicks' appeal.

Hicks questioned if Reyes even had the authority to vacate the execution date and order the DA's Office to turn over evidence — legally known as discovery — years after Renteria's trial, conviction and sentencing.

The Texas Court of Criminal Appeals reviewed the appeal and issued an opinion Sept. 18. The justices sided with Hicks stating in their opinion Reyes overstepped her legal rights to order the postponement of the execution.

The justices wrote, "Renteria's conviction and sentence had been affirmed on direct appeal, and this Court's (Texas Court of Criminal Appeals) mandate had issued. Therefore, the trial court did not have general jurisdiction over Renteria's case."

Since then, Renteria's attorneys have filed several more appeals, including an Oct. 9 appeal claiming several of Renteria's constitutional rights were violated by Texas Court of Criminal Appeals' rulings, when the state of Texas set an execution date, and the legality of the chemicals that will be used in the execution.

The defense attorneys have also requested that the issue be examined by the federal court system, including the U.S. Supreme Court.

The alleged constitutional violations included:

• State courts not allowing Renteria due process of law to be heard by state courts.

• State courts allowing prosecutors to vacant an execution date, but not allowing a defendant to have a right to request to do the same.

• State courts denying him an opportunity to be heard before setting the execution date.

• Appeals court ruling a state trial court had no jurisdiction to vacant an execution date.

• The right not to be injected with drugs that are illegal to use under the State's Pharmacy Act.

"A stay from this Court would recognize the value of comity between state and federal courts, reduce the overall burden of litigation, and permit the careful consideration of the many, broad-reaching questions raised by this Court's decision," Renteria and his lawyers pleaded in the appeal.

The appeal was denied Oct. 25.

More: Chavez death penalty: 'He's going to pay the price'

According to Hicks, Renteria has appealed on several other grounds that have been denied by the appeals court.

The appeals have included Renteria continuing to maintain his innocence claiming he was ordered by Barrio Azteca gang members to kidnap Alexandra and someone else was the person who killed her. These claims were brought up in his original trial and were dismissed, Hicks said.

Renteria also filed an appeal claiming his treatment in prison has been inhumane.

"Those arguments have all been addressed in the past and have not found merit in the past," Hicks said.

The last execution in Texas to be postponed by appeals on the day of the execution was on Oct. 26. William Speer's execution was postponed after an appeals court ruling came after allegations were made that prosecutors, in that case, failed to disclose evidence at trial and knowingly presented false testimony.

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.

Times reporter Trish Long contributed to this story.

This article originally appeared on El Paso Times: Texas prepares for execution of El Paso man in girl's murder