Final Meal:
Chicken fried steak, country gravy, hot buttered corn, mashed potatoes, hot buttered rolls, hot apple pie, vanilla ice cream, tea.

Final Words:
"I pray with the help of God that you will forgive me for the pain I caused your family. I am truly sorry. I wish I could take it back, but I just pray and ask that you forgive me."

Internet Sources:

Texas Department of Criminal Justice - Executed Offenders (Alva Curry)

Texas Attorney General Media Advisory

AUSTIN - Texas Attorney General Greg Abbott offers the following information on Alva Curry, who is scheduled to be executed after 6 p.m. on Tuesday, Jan. 28, 2003.

On Nov. 5, 1992, Alva Curry was sentenced to death for the capital murder of David Vela, which occurred in Austin, Texas, on Oct. 16, 1991. A summary of the evidence presented at trial follows:

FACTS OF THE CRIME

On Oct. 16, 1991, at approximately 2:09 a.m., Alva Curry and Mark Davis entered an Austin convenience store armed with guns. Curry jumped over the counter and held his gun against the store clerk's head. Though the clerk attempted to comply with the robbers' instructions, Curry shot him in the temple anyway. Before fleeing the store with the cash register drawer, Curry and Davis shot the slain clerk four more times. The store's video camera recorded the incident and the robbers' distinctive clothing.

A tip from a confidential informant led to Curry's arrest on Nov. 8, 1991. On the same day, a search of Curry's home produced clothing that the two felons wore during the robbery, one of the murder weapons, and the convenience store's missing cash register drawer. Also, on that same day, Curry confessed to police his role in the crime.

PROCEDURAL HISTORY

On March 12, 1992, the State of Texas indicted Curry for the capital murder of David Vela, committed during the course of committing and attempting to commit robbery. Curry pleaded "Not guilty" in the 167th Judicial District Court of Travis County, Texas. Following a trial on the merits, the jury returned a verdict of "guilty" on Oct. 28, 1992. The jury's answers to the punishment phase special issue questions on Nov. 5, 1992, obligated the trial court to sentence Curry to death.

On Nov. 22, 1995, the Texas Court of Criminal Appeals affirmed Curry's conviction and death sentence in a published opinion. Curry did not appeal the decision to the Supreme Court.

On May 6, 1998, the Court of Criminal Appeals denied Curry's application for state habeas relief, and the federal district court denied federal habeas relief on Sept. 30, 1999. On July 18, 2000, the Fifth Circuit Court of Appeals affirmed the district court's decision. On March 26, 2001, the Supreme Court denied Curry's petition for certiorari review of the Fifth Circuit ruling.

On Oct. 25, 2002, the trial court set Curry's execution for Jan. 28, 2003.

CRIMINAL BACKGROUND

Curry has prior convictions for misdemeanor theft and public intoxication. He is a former gang member and drug dealer. On two occasions, he threatened to kill his older brother; once, he threatened to kill his mother-in-law. In 1991, while on bond for assaulting his sister-in-law, Curry and an accomplice stole two motor vehicles, committed two aggravated robberies and two capital murders, and assaulted a man while holding him at gunpoint.

ProDeathPenalty.com

In spite of having the tape, which gave investigators a good description of the 2 assailants, Curry was not arrested until Nov. 8, when a tip led Austin police to him. In the meantime, Curry and Davis had committed a similar crime one week later, on Oct. 23, 1991, when they robbed a Payless convenience store. That robbery netted the 2 less than $75 and left Brendon Proske, 23, dead. Proske, the clerk at the store, was killed in a similar fashion. The case against Curry presented by Travis County prosecutors featured the videotape from the Texaco and Curry's videotaped confession, which he gave the day he was arrested.

The evidence was overwhelming, said Larry Sauer, Curry's defense attorney at trial. "People who saw the video said they recognized that as Alva who jumped over the counter," Sauer said. "You can see Alva firing, and the guy was found there on the ground, dead. It was pretty grainy, but you could still make it out." The 33-year-old laborer also is serving a life sentence for the murder of Brendon Proske in another convenience store robbery a week after the Texaco slaying. Proske, 23, was killed in much the same fashion as Vela in a robbery that netted less than $75. A jury sentenced Curry's friend, 29-year-old Mark Davis, to life in prison for his part in the robbery spree.

Curry pled not guilty to a single count of capital murder, but was convicted on Oct. 28, 1992. He was sentenced to death a week later. Curry's lawyer said the evidence against his client made any defense difficult. Curry accepts his sentence. "I believe I deserve to die," he said. "They say you reap what you sow. When you live a life -- especially out on the streets -- you have a certain mentality that if someone wrongs you, then that person pays with their life." As he spoke, Curry smiled often and had the relaxed manner of someone chatting over a cup of coffee rather than facing death by lethal injection. Curry said he doesn't know why he killed the clerks, but his life had just taken a "wrong turn. If I could, I would take back the nights that all this mess happened. I hope with the help of God the relatives of the victims can forgive me," he said in an interview the week before his execution date.

UPDATE: An apologetic former gang member and drug dealer was executed tonight for fatally shooting a convenience store clerk during a robbery in Austin more than 11 years ago. Alva Curry's execution was delayed about two hours until the U.S. Supreme Court rejected final appeals in the case. "I pray with the help of God that you will forgive me for the pain that I have caused your family," he said, looking at relatives of his victims who watched through a window. "I'm truly sorry. I wish I could take it back. I just pray and ask you forgive me."

Texas Execution Information Center by David Carson.

Alva Eziel Curry, 33, was executed by lethal injection on 28 January 2003 in Huntsville, Texas for the robbery and murder of a convenience store clerk.

On 16 October 1991, Curry, then 22, and Mark Davis, 18, entered an Austin convenience store armed with guns. Curry jumped over the counter, held his gun at employee David Vela's head, and demanded money. When Vela, 20, was unable to open the store's safe, Curry shot him in the temple at close range. Curry and Davis took the cash drawer, which contained $220. Before leaving the store, they shot Vela four more times. The incident was recorded on security cameras.

One week later, on 23 October, convenience store employee Brendon Proske, 23, was killed in a similar robbery. A tip from a confidential informant led to Curry's arrest on 8 November. A search of his home produced clothing that matched that recorded on the Vela murder videotape. The convenience store's missing cash register drawer was also found in Curry's home, as well as one of the murder weapons. Curry confessed.

Curry had no prior felony convictions, but he had a history of theft and assault. At the time of the killings. He was free on bond on a charge of assaulting his sister-in-law.

A jury convicted Curry in October 1992 of the capital murder of David Vela and sentenced him to death. In a separate trial, Curry was convicted of the capital murder of Brendon Proske and was sentenced to life in prison. Mark Davis pleaded guilty to murder and aggravated robbery and received two life sentences.

"I believe I deserve to die," Curry said in an interview from death row the week before his execution. "If I could, I would take back the nights that all this mess happened. I hope with the help of God the relatives of the victims can forgive me," he said. Curry said that his life took a turn for the worse after he was fired from a busboy job for being late. Unable to find a job, at age 22, he started hanging out with drug dealers. "The wrong choices in life took me down a destructive road," Curry said. "If I was still in the outside world, I might not have lived to 23 years old." Curry said that he became a Christian after a visit from mother. "She told me to give my life to God and let him deal with it," he said.

In his appeals, Curry's attorney argued that the judge should have allowed the defense to dismiss three jurors who displayed a pro-conviction or pro-death-penalty bias during questioning. The Texas Court of Criminal Appeals affirmed the conviction and sentence in November 1995. All of Curry's subsequent appeals in state and federal court were denied, including a last-ditch appeal to the U.S. Supreme Court, whose members were at the U.S. Capitol to attend President Bush's State of the Union address. The execution was delayed for about two hours.

"I pray with the help of God that you will forgive me for the pain that I have caused your family," Curry told his victims' witnesses in his last statement. "I'm truly sorry. I wish I could take it back. I just pray and ask that you forgive me." Next, Curry turned his head toward his mother and smiled. He then nodded at Huntsville Unit warden Neill Hodges, who signaled for the lethal injection to begin. Curry coughed and sputtered as the lethal drugs began to take effect. He was pronounced dead at 8:09 p.m.

United Press International

"First Execution of 2003 Carried Out Tuesday," by Mark Passwaters. (January 14, 2003)

Former Gang Member Executed for Murder." (UPI January 28, 2003)

HUNTSVILLE, Texas, Jan. 28 (UPI) -- A former gang member and drug dealer was executed Tuesday night for the murder of an Austin store clerk during a 1991 robbery. Alva Curry, 33, was pronounced dead at 8:09 p.m. CST after receiving a lethal injection for killing 20-year-old David Vela. The holdup netted $220 for Curry and an accomplice but was captured on videotape. The execution was delayed for nearly two hours while the U.S. Supreme Court considered two last-minute petitions for stays but they were rejected.

In his final statement, Curry expressed remorse to the victim's family. "I pray with the help of God that you will forgive me for the pain I caused your family," he said. "I am truly sorry. I wish I could take it back but I just pray and ask that you forgive me."

In the pre-dawn hours of Oct. 16, 1991, Curry and Mark Davis entered the store armed with guns. Curry jumped over the counter and shot the clerk in the head. The pair grabbed the cash drawer and fired four more bullets into Vela as they fled. Curry was arrested Nov. 8 on information provided by a informant. A search of his home produced clothing that the two robbers wore during the holdup, one of the murder weapons, and the store's missing cash drawer. Curry confessed to police.

Curry, who became a Christian in prison, told the Austin American-Statesman in an interview this week that he was ready to accept the death sentence. "I believe I deserve to die," he said. "They say you reap what you sow. When you live a life -- especially out on the streets -- you have a certain mentality that if someone wrongs you, then that person pays with their life."

Curry was also serving a life sentence for the murder of Brendon Proske, 23, in another convenience store robbery in Austin seven days later. Davis is serving a life sentence for aggravated robbery with a deadly weapon.

Curry was fourth convicted killer executed this year in Texas and the 293rd since the state restored the death penalty in 1982. Two more executions are scheduled Wednesday and Thursday.

National Coalition to Abolish the Death Penalty

Alva Curry (TX) - Jan. 28, 2003

The state of Texas is scheduled to execute Alva Curry, a black man, Jan. 28 for the 1991 robbery and murder of David Vela, a Texaco convenience store clerk in Austin. During jury selection, the trial court overruled three challenges for cause by the defense, and Curry claims these rulings unfairly discriminated against him.

In his appeals, Curry argued that these three prospective jurors – Wilson, Gauthier, and Middleton – should have been removed for cause, and had they been, he might have avoided the death penalty. Wilson stated during jury selection that “already some picture of guilt” had been created, indicating that he had made up his mind on the guilt/innocence question before the trial had even begun.

Although the court’s overruling on the Wilson challenge was unjustified and perhaps damaging to the defense, the other two created far tougher consequences for Curry. Gauthier, perhaps suitable for the guilt/innocence phase, was clearly unfit to serve on the jury because of her inability to reconsider evidence during the penalty phase. She stated that all capital murderers should automatically be executed; therefore, she obviously ignored mitigating circumstances, as well as questions concerning lingering doubt and other issues critical to death sentencing procedures.

Middleton, the third juror in question, held many of the same opinions as Gauthier. He stated his belief that 75 percent of murderers would commit such crimes again if given the chance; this opinion, not grounded in any facts or statistics, thoroughly justifies Curry’s challenge. Although the court interpreted the law correctly in claiming that the determination of mitigating factors’ relevance is a duty of the jurors, it erred in failing to recognize that Gauthier and Middleton refused to consider mitigating circumstances at all.

Aside from his death sentence for shooting Vela, Curry is serving a life sentence for another 1991 murder as well. Since security cameras captured his actions in the Vela murder, little doubt remains about his guilt. However, mitigating factors, ranging from his lack of education to his financial background, should have produced a life sentence instead of the death penalty. Please write the state of Texas and request clemency for Alva Curry.

Deathrow.at

Alva Curry - Executed January 28, 2003.

The state of Texas is scheduled to execute Alva Curry, a black man, Jan. 28 for the 1991 robbery and murder of David Vela, a Texaco convenience store clerk in Austin. During jury selection, the trial court overruled three challenges for cause by the defense, and Curry claims these rulings unfairly discriminated against him.

In his appeals, Curry argued that these three prospective jurors – Wilson, Gauthier, and Middleton – should have been removed for cause, and had they been, he might have avoided the death penalty. Wilson stated during jury selection that “already some picture of guilt” had been created, indicating that he had made up his mind on the guilt/innocence question before the trial had even begun.

Although the court’s overruling on the Wilson challenge was unjustified and perhaps damaging to the defense, the other two created far tougher consequences for Curry. Gauthier, perhaps suitable for the guilt/innocence phase, was clearly unfit to serve on the jury because of her inability to reconsider evidence during the penalty phase. She stated that all capital murderers should automatically be executed; therefore, she obviously ignored mitigating circumstances, as well as questions concerning lingering doubt and other issues critical to death sentencing procedures.

Middleton, the third juror in question, held many of the same opinions as Gauthier. He stated his belief that 75 percent of murderers would commit such crimes again if given the chance; this opinion, not grounded in any facts or statistics, thoroughly justifies Curry’s challenge. Although the court interpreted the law correctly in claiming that the determination of mitigating factors’ relevance is a duty of the jurors, it erred in failing to recognize that Gauthier and Middleton refused to consider mitigating circumstances at all.

Aside from his death sentence for shooting Vela, Curry is serving a life sentence for another 1991 murder as well. Since security cameras captured his actions in the Vela murder, little doubt remains about his guilt. However, mitigating factors, ranging from his lack of education to his financial background, should have produced a life sentence instead of the death penalty. Please write the state of Texas and request clemency for Alva Curry.

Alva Curry
# 999080
Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351 USA