Rubio gets death for killing children

Tears streamed down the face of convicted child killer John Allen Rubio as the presiding judge read out loud the decision of the jury as to the sentence for his crimes.

The jurors had been asked to answer three questions about each murder count he was convicted of – whether they thought Rubio was likely to commit crimes in the future, whether he had killed or intended to kill each victim, and whether he should be sentenced to life in prison rather than to death. After four hours of deliberations, the jury responded yes, yes and no to the three questions.

“Do you know what this means?” Judge Noe Gonzalez asked the defendant.

“Yes, sir, I do,” answered the 29-year-old Rubio.

Before giving the official sentence, Gonzalez asked Rubio if he had anything to say.

“I'm sorry it had to come to this,” said Rubio as he quietly sobbed. “I want to thank the jury for giving me the opportunity to show what I could.”

Gonzalez then looked at Rubio and said he couldn't speak for the jury but he could speak for himself.

“I don't know what happened in there, but I know what the jury found,” he said. “I have sentenced more people to death than any other judge in South Texas. I have never seen a case like this. … A lot was said back and forth about forgiveness, a lot was said about apologies. None of that matters. … If you want forgiveness you will have to get it from a higher source.”

The judge stated that despite having presided over many cases, this case was a difficult one for him.

“The jury has found you guilty of the capital murder of Julissa Quesada, Mary Jane Rubio, and little John Rubio,” he said to Rubio.

“The court sentences you to death by lethal injection,” Gonzalez said. “Critics of capital punishment say the wait is worse than the execution, that is if you have any feelings. We’ll see about that in this case. … I can't imagine anyone hurting their children, much less at that age. …

“Bailiff, shackle Mr. Rubio and escort him out,” the judge said.

After the trial, defense attorney Ed Stapleton said he felt sad about the outcome.

“I hate to see a young man facing death,” Stapleton said. “I got to know this man for several years and the idea of him dying on a gurney is very difficult.”

According to Stapleton – who said he had spoken with jurors – one thing that affected their decision was the fact that Rubio was tried under an old version of the law where he would have been eligible for parole after 40 years, seven of which he had already served.

“I think that if they had the option of life without parole, the outcome might have been different,” the defense lawyer said.

Stapleton added that Rubio led a sad life and now faces a sad future. He said the case created strong emotions and hate toward Rubio which were also directed at the defense team.

Stapleton said the photographs of the murdered children were the most disturbing thing at the trial – jurors, research volunteers and assistants became physically ill when having to view them, he said.

With the announcement of the sentence, Cameron County District Attorney Armando Villalobos said a huge weight was lifted from his office.

After three years of trial and seven years since the crime, the community expected no less than the death penalty and anything less would have been a failure, he said.

He also stated that the case had been a huge financial burden to the county, with taxpayers having to pay for the prosecution, the defense and court costs in Hidalgo County following a change in venue for the trial.

About $1 million was spent on the case, he said. The figure was high because of the length of the case, the number of experts brought in to testify, and the research involved.

The cost of expert witnesses was high, he said, because when the defense brought in experts, the prosecution would have to counter with an expert of its own.

“All we can do now is heal, move forward and put this behind us,” Villalobos said. “The difficult nature of the case gives a new appreciation for our family.”

During the trial, Assistant District Attorney Chuck Mattingly was seen choking back tears as he spoke about the murder, referring to the victims as babies or little angels.

“I think there is a special place in hell for Mr. Rubio,” said Mattingly, whose wife is expecting his fourth child.

On Thursday morning, jurors heard closing arguments from both the prosecution and the defense.

The respective attorneys argued for and against imposing the death penalty for Rubio, who on Monday had been found guilty of capital murder in the deaths of the three children of his common-law wife. Rubio is the biological father of one of the children.

Mattingly energetically asked for the death penalty and not the mercy that the defense would ask for.

“Did he show any mercy when he ruthlessly brutally killed his babies?” Mattingly asked. “Some of the injuries were inflicted just for pain. What pleasure did he take inflicting pain on the children before he severed their head while they were still alive. … These angels weren't demons.”

Mattingly further stated that there can’t be peace without justice.

“These babies deserve peace,” Mattingly said.

Jurors then heard the closing argument from defense attorney Nat Perez.

“I'm here before you with the responsibility of asking you not to kill him,” Perez said referring to Rubio.

Perez referred to a previous statement that the Rio Grande Valley was all about children.

“Stand up, John,” Perez addressed a crying Rubio. “He is a child of the Valley, too. But then something went wrong.”

Perez stated that Rubio's family was a large factor in his development and then pointed out that not one of Rubio's relatives was present in the courtroom.

“In a final stroke of indignity, not one family member is here,” Perez said, adding that they weren't present the day before to testify on Rubio's behalf either. “We called them. How alone is my client in this final moment when you will decide if he is to live or die and his family is not here.”

“We are not asking you to forgive him or to close your eyes to this horrible crime,” Perez said. “He will never be able to bring his children back. The prosecution is asking for justice by asking you to sentence him to death. That will not bring the children back either. I don't want to believe those angels would want you to kill the man they knew as dad. There is reason to show mercy.”

Stapleton told jurors that the decision of Rubio living or dying will rest in their conscience.

“The peace they offer is the peace of the morgue,” Stapleton said referring to the prosecution. “It's time to end the cycle of violence. … May God have mercy on our souls.”

Villalobos then addressed the jury stating that the death penalty was appropriate, not for vengeance but to protect the community.

“He is a criminal,” Villalobos said. "We have to protect society.”