Death row had its residence in the East Building of the Huntsville Unit from 1928 to 1952. Following this, from 1952 to 1965, the electric chair found its place in a structure adjacent to the East Wall of the Huntsville Unit.

In 1965, the inmates on death row were relocated from the Huntsville Unit to the Ellis Unit, where death row remained until 1999. Subsequently, in 1999, the TDCJ (Texas Department of Criminal Justice) relocated death row to the Polunsky Unit. The Polunsky Unit accommodates death row inmates individually in single-person cells, each equipped with a window. Furthermore, inmates on death row receive individual recreation time. They are provided with a standard diet and have access to reading materials, writing materials, and legal resources. Depending on their custody level, some inmates on death row may also have access to a radio. Female inmates on death row are housed at the O’Daniel Unit. Notably, inmates on death row are not assigned regular TDCJ-ID numbers; instead, they are designated special death row numbers.

Hanging served as the primary method of execution from 1819 to 1923. However, in 1923, the State of Texas sanctioned the use of the electric chair and mandated all executions to occur in Huntsville under state authority. Before this, individual Texas counties were responsible for executing convicts.

The State of Texas conducted its first electrocution on February 8, 1924, executing Charles Reynolds of Red River County. On the same day, four additional inmates—Ewell Morris, George Washington, Mack Matthews, and Melvin Johnson—were also executed.

Brothers were executed together on six occasions:

• Frank and Lorenzo Noel were electrocuted on July 3, 1925.
• S.A. and Forest Robins were electrocuted on April 6, 1926.
• Oscar and Mack Brown were electrocuted on July 1, 1936.
• Roscoe and Henderson Brown were electrocuted on May 6, 1938.
• Curtis (July 1, 1993) and Danny (July 30, 1993) Harris were both executed by lethal injection.
• Jessie (September 16, 1994) and Jose (November 18, 1999) Gutierrez were both executed by lethal injection.

One of the most infamous inmates executed was Raymond Hamilton, a member of the notorious “Bonnie and Clyde” gang. Convicted of murder by Walker County, Hamilton was executed on May 10, 1935. He and another inmate had previously escaped from death row but were recaptured and returned.

The final electrocution in Texas occurred on July 30, 1964, when Joseph Johnson of Harris County was executed. In total, 361 inmates were electrocuted in the state.

Following the U.S. Supreme Court’s ruling on June 29, 1972, declaring capital punishment “cruel and unusual,” Texas had 45 men on death row and seven in county jails with death sentences. These sentences were commuted to life imprisonment by the governor of Texas, clearing death row by March 1973.

In 1973, revisions to the Texas Penal Code reinstated the death penalty, allowing executions to resume as of January 1, 1974. Under the revised statute, the first man (#507 John Devries) was placed on death row on February 15, 1974. Tragically, Devries committed suicide on July 1, 1974, by hanging himself with bed sheets.

Lethal injection became the adopted method of execution in Texas in 1977, with the first execution by this method taking place on December 7, 1982. Charlie Brooks of Tarrant County was executed for the kidnap and murder of a Fort Worth auto mechanic.

Effective January 12, 1996, close relatives and friends of deceased victims were permitted to witness executions.

When was the last execution in Texas?

Since its establishment in 1819, Texas has carried out the execution of 1,334 individuals. The Texas Department of Criminal Justice (TDCJ) reports that the most recent execution took place on February 9, 2023.

Initially, hanging served as the primary method of execution from 1819 until 1923, when the state authorized the use of the electric chair. During this period, 390 individuals met their fate by hanging.

In 1923, a significant shift occurred as all executions were centralized in Huntsville, Texas. Prior to this, individual counties in Texas were responsible for conducting executions, as noted by the TDCJ.

The electric chair remained the predominant method of execution until 1964, during which a total of 361 inmates were electrocuted within the state, according to TDCJ records.

However, in June 1972, the U.S. Supreme Court deemed capital punishment as “cruel and unusual punishment.” Subsequently, a revision to the Texas Penal Code in 1973 paved the way for executions to resume, starting January 1, 1974, as confirmed by the TDCJ.

How many inmates in Texas are on death row?

A recent publication from the Texas Coalition to Abolish the Death Penalty sheds light on Texas’ persistent deviation from standard practices in administering the death penalty. Despite being one of only five states to carry out executions this past year, Texas alone accounted for one-third of the 24 executions in 2023. Alarmingly, six out of the eight men executed exhibited significant intellectual or mental health impairments, ranging from brain damage to intellectual disability and various mental illnesses. Kristin Houlé Cuellar, Executive Director of TCADP, remarked, “The majority of individuals executed by Texas in 2023 suffered from notable mental impairments. What’s more disturbing is that many of their jurors were unaware of these conditions or the traumatic life experiences of the men they condemned to death.”

Numerous jurors from the trials of the executed individuals voiced newfound doubts upon learning about mitigating evidence that hadn’t been presented during the trials, indicating a potential shift in their verdicts or at least their support for stays of execution. “It’s evident that many of these individuals wouldn’t have received a death sentence if they were tried today,” Ms. Cuellar added.

TCADP’s report also underscores the geographical inconsistency of the Texas death penalty system. Over half of the executions slated for 2023 originated from just three counties: Bowie (2), Dallas (3), and Harris (2). Since 2019, only 11 out of 254 Texas counties have handed down death sentences, with Harris and Smith Counties being the only ones to sentence more than one person to death in that period. Interestingly, none of the three death sentences issued in Texas in 2023 came from the counties with the highest rates of sentencing (Bexar, Dallas, Harris, Tarrant).

While the number of new death sentences in Texas has declined since its peak in 1998, the impact remains disproportionately felt by people of color. Since 2018, over 50% of individuals sentenced to death in Texas have been people of color, with two out of the three new death sentences in 2023 falling upon individuals from minority communities. Of the eight individuals executed in 2023, more than half were people of color (5). Notably, despite comprising only 12% of Texas’ population, Black individuals have accounted for over 40% of death sentences in the last five years.

Additionally, the report reveals that as of December 12, 2023, the Texas Department of Criminal Justice listed 180 people on death row, marking the smallest death row population in Texas since 1985. Black individuals constitute 45.6% of death row inmates, while Hispanics make up 27.8% (though they represent 39.3% of the state’s population), and whites account for 25.0% (compared to 39.8% of the Texas population).

Nan Tolson, Director of Texas Conservatives Concerned About the Death Penalty, expressed dismay, stating, “Texas’s continued use of the death penalty tarnishes our state’s reputation as a bastion of life, liberty, and limited government. Texans deserve more than a flawed, ineffective capital punishment system. It’s time for the Lone Star State to invest in genuine solutions that ensure community safety and truly uphold our values.”

Death Row Woman in Texas

Melissa Lucio, a Texan woman whose execution faced delay in 2022 amidst escalating doubts regarding her alleged fatal assault on her 2-year-old daughter, had crucial evidence suppressed during her murder trial, prosecutors revealed. The case, which has garnered significant attention, notably from figures like Kim Kardashian, saw suppressed evidence, including witness testimonies and a report from Child Protective Services, which could have corroborated Lucio’s defense. This defense argued that her daughter Mariah succumbed to a head injury from an accidental fall down a steep staircase, just two days prior to her demise.

A comprehensive 33-page agreement between the Cameron County District Attorney Luis Saenz’s office and Lucio’s legal representatives outlines the agreed-upon findings and conclusions. Both sides concur that had the suppressed evidence been presented, Lucio would not have faced conviction. The agreement goes further, recommending the overturning of Lucio’s conviction and death sentence.

This accord, deemed remarkable and exceptional by a death penalty expert, has lingered in uncertainty for 16 months. A Texas judge, yet to indicate her decision, holds the fate of the agreement, which awaits forwarding to the state’s highest criminal court for a final verdict.

Lucio, aged 55, was slated for lethal injection in April 2022 for her daughter’s 2007 death in Harlingen, Texas. However, the Texas Court of Criminal Appeals intervened just days before the execution, staying the process to allow State District Judge Gabriela Garcia to assess Lucio’s claims of exonerating evidence.

Prosecutors had previously asserted Mariah’s death resulted from abuse, citing her body covered in bruises. Despite initial resistance to claims of new evidence from Lucio’s attorneys, a joint statement from Saenz and Lucio’s legal team now acknowledges the lack of access to favorable information during the trial.

Lucio’s son, John Lucio, and his wife, Michelle, expressed gratitude for the acknowledgment of evidence supporting the accident narrative surrounding Mariah’s death. They hope for Lucio’s prompt return to the family fold.

The suppressed report from Child Protective Services highlighted statements from Lucio’s children affirming the accidental nature of Mariah’s fall. Additionally, it revealed no indications of maternal abuse towards the children or Mariah.

Further, Lucio’s trial attorneys were denied statements from two of her other children, who corroborated their mother’s account of Mariah’s fall and her escalating concerns for Mariah’s health.

Upon review, experts, including a forensic pathologist, concluded that Mariah’s death likely resulted from an accidental fall causing head trauma, reinforcing Lucio’s defense.

Despite the submission of agreed findings to Judge Garcia in December 2022, a ruling is pending, delaying the case’s progression to the Texas Court of Criminal Appeals.

The prolonged deliberation by Judge Garcia is interpreted by Robin Maher, Executive Director of the Death Penalty Information Center, as indicative of careful consideration. She considers the agreement between Saenz and Lucio’s attorneys as rare, where both sides acknowledge an injustice and concur on the remedy.

Lucio’s case has garnered bipartisan support and attention from notable figures, emphasizing the significance and complexity of the ongoing legal proceedings.