Texas Department of Criminal Justice

Texas Attorney General Media Advisory

AUSTIN – Texas Attorney General Greg Abbott offers the following information about Andrew Perez Flores of San Antonio, who is scheduled to be executed after 6 p.m. Tuesday, September 21, 2004. On April 4, 1994, Flores was sentenced to death after pleading guilty to capital murder in the death of Juan Moreno during a San Antonio robbery. A summary of the evidence presented at trial follows.

FACTS OF THE CRIME

On July 26, 1993, Flores and an accomplice, Joseph Fritz, entered a Stop-N-Go convenience store, located in the 3600 block of Southwest Military Drive. Flores pointed a handgun at store clerk Juan Moreno and demanded money from the cash register. Moreno stuffed the money from the cash drawer into a plastic grocery sack. Flores then demanded the keys to Moreno’s car, which was parked in front of the store. Moreno begged Flores not to take his car, but Flores responded by threatening Moreno and again demanding the keys. Moreno knelt behind the counter and raised his arms in front of him as if trying to shield himself. Flores then leaned over the counter, pointed the gun at Moreno’s head, and fired a single bullet into Moreno’s brain. Moreno slumped to the floor and Flores and Fritz quickly left the store. Moments later, however, Flores reentered the store, walked behind the counter where Moreno lay bleeding, and began to search Moreno’s pockets for his keys. Flores took the keys and again exited the store. Fritz was able to break into Moreno’s car, but Flores could not locate the key that fit the ignition. Flores and Fritz finally fled the scene without Moreno’s car. A surveillance-camera captured the robbery and murder in their entirety.

PROCEDURAL HISTORY

August 11, 1993 — Bexar County grand jury indicted Flores for the robbery and killing of Juan Moreno.

April 4, 1994 — A jury found Flores guilty of capital murder, and the court later assessed a sentence of death.

March 20, 1996 — The Texas Court of Criminal appeals affirmed Flores’ conviction and sentence.

November 1, 1996 — Flores filed an application for writ of habeas corpus in the state trial court.

December 2, 1996 — The U.S. Supreme Court denied certiorari review off direct appeal.

October 7, 1998 — The Court of Criminal Appeals denied habeas relief.

June 1, 1999 — Flores filed a petition for writ of habeas corpus in a San Antonio federal district court.

March 31, 2003 — The federal court denied habeas relief.

October 28, 2003 — The 5th Circuit Court of Appeals denied Flores permission to appeal

January 23, 2004 — Flores petitioned the U.S. Supreme Court for certiorari review.

April 5, 2004 — The Supreme Court denied certiorari review off federal habeas.

May 10, 2004 — The trial court entered an order setting the execution date for Sept. 21, 2004.

PRIOR CRIMINAL HISTORY

Flores was convicted for the unauthorized use of a vehicle, a felony. The offense occurred on October 7, 1990.

ProDeathPenalty.com

Andrew Flores was sentenced to death for the murder of Juan Gabriel Moreno during a robbery of a convenience store. Juan was working at the counter when Flores entered the store with an accomplice, Joseph Fritz. The pair demanded money from the register and Juan's car keys. Juan gave them the money, but asked them not to take his car. He kneeled down on the floor and was then shot in the head. Flores retrieved the car keys but was not able to get the car started, so the two robbers fled on foot with $44 from the register. The robbery and shooting were videotaped by the security camera and showed Juan as he lay dying, trying in vain to move and respond each time an unaware customer would enter the store and look for the seemingly absent store clerk.

Texas Execution Information Center by David Carson.

Andrew Perez Flores, 31, was executed by lethal injection on 21 September 2004 in Huntsville, Texas for the robbery and murder of a convenience store clerk.

On 26 July 1993, Flores, then 20, and Joseph Fritz, also 20, entered a San Antonio convenience store. Juan Moreno, 23, was working at the counter. Flores pointed a handgun at Moreno and demanded the cash from the register and Moreno's car keys. Moreno put $44 from the cash register into a plastic sack and handed it to him. He then begged Flores not to take his car. He knelt behind the counter and raised his arms, as if trying to shield himself. Flores then leaned over the counter and shot Moreno in the head. He and Fritz left the store with the money. After a few moments, Flores reentered the store and rifled through Moreno's pockets as he lay bleeding on the floor. He found some keys, and Fritz was able to break into Moreno's car, but they were unable to find the ignition key. They finally fled the scene on foot.

A surveillance camera in the store caught the crime on videotape. It was quickly broadcast on local television stations. The assailants were recognized, and were arrested within hours of the shooting.

In 1990, Flores was arrested on a felony charge of unauthorized use of a motor vehicle, but he received deferred adjudication. He was convicted of shoplifting in 1991 and of unlawfully carrying a weapon in 1992. Both convictions were misdemeanors, so Flores had no prior prison record. Evidence at Flores' punishment hearing showed that he was known in San Antonio as "Showtime," the leader of a street gang.

Flores pleaded guilty at his trial in April 1994. A jury sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in March 1996. All of his subsequent appeals in state and federal court were denied. Joseph Leroy Fritz was convicted of capital murder and received a life sentence.

Flores declined to be interviewed by reporters while on death row.

"I am real sorry," Flores told Moreno's wife at his execution. "I took a family member's life and I shouldn't have. I hope that you can move on. I'm just sorry. I can't bring anyone back. I would if I could. I won't ask for your forgiveness. God will be my Judge." The lethal injection was then started. Flores was pronounced dead at 6:20 p.m.

Dallas Morning News

"Killer apologizes before execution." (AP Tuesday, September 21, 2004)

HUNTSVILLE, Texas – Contrite condemned killer Andrew Flores was executed Tuesday evening for fatally shooting a San Antonio convenience store clerk during a $45 robbery 11 years ago. "Today I go home to the Lord," he said in a brief last statement. "But first I have to say something." "I am real sorry," he said, looking at the wife of his victim. "I took a family member's life and I shouldn't have. I hope that you can move on. I'm just sorry. I can't bring anyone back. I would if I could. I won't ask for your forgiveness. God will be my judge."

Flores then turned and expressed his love to his friends and relatives, including his sobbing mother and sister. "Be strong and I will see you all, hopefully not soon. Keep your head up," he said. After taking a couple of deep breaths and gasping, he slipped into unconsciousness. Nine minutes later at 6:20 p.m., he was pronounced dead.

Flores, 32, became the 13th Texas prison inmate to receive lethal injection this year. At least 11 others have execution dates for later in 2004, including five next month.

Huntsville Item

"Gang leader who fatally shot store clerk to be executed." (AP September 21, 2004)

HUNTSVILLE - In his days as a gang leader on the streets of San Antonio, Andrew Flores was known as "Showtime." Tuesday, he's scheduled to show up in the Texas death chamber to face lethal injection for fatally shooting a store clerk who surrendered $45 from a cash register but balked at turning over his car keys. Flores, 32, would be the 13th Texas prison inmate put to death this year. At least 11 others have execution dates for later this year, including five next month.

The U.S. Supreme Court in April refused to review his case, and no additional appeals were anticipated to try to halt the punishment. "Unfortunately, legally there's nothing left," his lawyer, Michael Gross, said. Gross filed a commutation request to the Texas Board of Pardons and Paroles, which rejected it Friday by a 6-0 vote. "It's an exercise in futility," Gross said.

Flores was condemned for the July 1993 death of John Moreno, 23, whose murder was captured on videotape by a surveillance camera at the San Antonio store. Flores and a companion were recognized after the tape was aired on San Antonio television stations. They were arrested within hours of the shooting. At the time, Flores was on probation for car theft and had other arrests for theft and weapons violations. "I do remember when police caught up with him, he was trying to leave town and changed the color of his hair and was in the process of packing bags," Mike Cohen, the Bexar County assistant district attorney who prosecuted the capital murder case, said last week.

Flores, who declined to speak from death row with reporters in the weeks leading up to his execution, pleaded guilty to the capital murder charge just as his trial was to get under way. He had confessed to the crime and gave to authorities cash taken in the robbery and the .22-caliber handgun used in the slaying. Prosecutors said the plea may have been an attempt to win some sympathy from jurors. "Obviously it didn't work in this case," Cohen said.

During the punishment phase of the trial, witnesses were told how Flores led a street gang that recruited fourth-graders to fight and steal for him.

Jurors also were shown the video, which brought at least one juror to tears. "You can see the entire capital murder being committed," Cohen said. "After the clerk refuses to give Mr. Flores his car keys, he gets on his knees begging for his life and Mr. Flores shoots him in the head. "It's fair to say the jury really had no choice but to reach this verdict. When you see a guy begging for his life and see him get shot in the head, and see on videotape that while the man is bleeding to death the defendant is rifling through his pockets after he shot him ... the jury did not take long to reach their decision."

Flores' partner, Joseph Fritz, was convicted of capital murder for being the lookout during the robbery and received a life prison term. Testimony at his trial indicated they couldn't drive off in Moreno's car because Flores took the wrong keys from the dying man's pocket. Cohen speculated Moreno was reluctant to surrender his keys because he and his wife had only that one car and it was needed to take their then 10-month-old daughter for frequent medical treatment.

Next on the Texas execution calendar is Edward Green III, 30, condemned for fatally shooting a 72-year-old man and a 63-year-old woman in their car during a robbery 12 years ago at a Houston intersection.

Reuters News

Texas Man Executed for 1993 Murder Tue Sep 21, 2004 09:08 PM ET HUNTSVILLE, Texas (Reuters) - A Texas man convicted of murdering a convenience store clerk during a 1993 robbery was executed on Tuesday by lethal injection. Andrew Flores, 32, was the 13th person put to death this year in Texas, which leads the nation in capital punishment. He was condemned for shooting store clerk Juan Gabriel Moreno in San Antonio, Texas on July 26, 1993 in a robbery that netted $44 from the store cash register. Flores apologized for his crime while strapped to a gurney in the Texas death chamber. "I am real sorry. I took a family member's life and I shouldn't have. I hope that you can move on," he told a family member of Moreno who witnessed the execution. Flores was the 326th person put to death in Texas since 1982, when the state resumed capital punishment after a national death penalty ban was lifted. Texas has 12 more people scheduled for execution this year. For his last meal Flores requested barbecue ribs, barbecue chicken, fried chicken, beef fajitas, chicken fajitas, one beef steak, mashed potatoes, pinto beans, 10 flour tortillas, two chalupas, three tamales, salad with Thousand Island dressing, five soft drinks and one pint of vanilla ice cream.

Houston Chronicle

"Ex-gang leader executed for clerk's death; Man killed in '93 after refusing to surrender car keys," by Michael Graczyk. (Associated Press Sept. 21, 2004)

HUNTSVILLE -- Contrite condemned killer Andrew Flores was executed this evening for fatally shooting a San Antonio convenience store clerk during a $45 robbery 11 years ago.

"Today I go home to the Lord," he said in a brief last statement. "But first I have to say something." "I am real sorry," he said, looking at the wife of his victim. "I took a family member's life and I shouldn't have. I hope that you can move on. I'm just sorry. I can't bring anyone back. I would if I could. I won't ask for your forgiveness. God will be my judge." Flores then turned and expressed his love to his friends and relatives, including his sobbing mother and sister. "Be strong and I will see you all, hopefully not soon. Keep your head up," he said. After taking a couple of deep breaths and gasping, he slipped into unconsciousness. Nine minutes later at 6:20 p.m., he was pronounced dead.

Flores, 32, became the 13th Texas prison inmate to receive lethal injection this year. At least 11 others have execution dates for later in 2004, including five next month.

The U.S. Supreme Court in April refused to review his case and the inmate's lawyer said there were no legal avenues left to pursue. On Friday, the Texas Board of Pardons and Paroles rejected a commutation request.

Flores pleaded guilty to gunning down John Moreno, 23, whose July 1993 murder was captured on videotape by a surveillance camera at the San Antonio store where he worked. Flores and a companion were recognized after the tape was aired on San Antonio television stations. They were arrested within hours of the shooting. At the time, Flores was on probation for car theft and had other arrests for theft and weapons violations. He confessed to the crime and gave to authorities cash taken in the robbery and the .22-caliber handgun used in the slaying.

During the punishment phase of the trial, witnesses were told how Flores, who picked up the street name "Showtime," led a San Antonio gang where he recruited fourth-graders to fight and steal for him. Among the witnesses was a 14-year-old girl who told of how Flores and other gang members had tried to rape her. Jurors also were shown the video, which shows Moreno emptying the cash register but balking at surrendering his keys. Moreno gets on his knees begging for his life and Flores shoots him in the head and runs from the store. Then he returned moments later to go through the victim's pockets in search of car keys.

"It's fair to say the jury really had no choice but to reach this verdict," Mike Cohen, the Bexar County assistant district attorney who prosecuted Flores, said. "It was pretty brutal and senseless."

Flores' partner, Joseph Fritz, was convicted of capital murder for being the lookout during the robbery and received a life prison term. Testimony at his trial indicated they couldn't drive off in Moreno's car because Flores took the wrong keys from the dying man's pocket.

Cohen speculated Moreno was reluctant to surrender his keys because he and his wife had only that one car and it was needed to take their then 10-month-old daughter for frequent medical treatment.

The Texas Coalition to Abolish the Death Penalty, in a statement protesting today's punishment, argued Flores had a history of mental illness and that lawyers failed to inform jurors of his mental problems brought on by alcohol abuse and physical and sexual abuse suffered as a child. While the Supreme Court has barred execution of the mentally retarded, the same prohibition has not been extended to those considered mentally ill. The abuse allegations and questions about the competence of his trial attorneys were raised in earlier unsuccessful appeals.

Next on the Texas execution calendar is Edward Green III, 30, condemned for fatally shooting a 72-year-old man and a 63-year-old woman in their car during a robbery 12 years ago at a Houston intersection.

National Coalition to Abolish the Death Penalty

Andrew Flores, TX

Andrew Flores, a Latino male, was convicted and sentenced to death for the July 26, 1993 murder and attempted robbery of Juan Moreno, a Latino grocery store clerk in Bexar County, Texas. Andrew was only 20 years old at the time of the crime. He was accompanied by Joseph Fritz, a long-time friend who was convicted to life imprisonment for his part in the murder.

Like many people facing execution, Flores has a history of mental illness. A court psychiatrist examined Flores and diagnosed him with organic affective disorder and developmental mental disorder. The psychiatrist said this illness could cause rapid moods swings under stressful situations, which was something that close friends such as Fritz would have been aware of.

Flores’ appellate attorney argued that Flores received ineffective assistance of counsel during his trial. His trial lawyer failed to have an independent psychiatric evaluation conducted and failed to inform the jury of several mitigating factors. One such mitigating factor was evidence of Flores’ long-term drug and alcohol abuse including his intoxication at the time of the offense. The trial lawyer also failed to make it known that Flores was physically abused as a child and sexually abused by a teacher.

One of the jurors at the trial as signed an affidavit that stating that she would have favored a life sentence over death had she known these mitigating circumstances. Trial testimony revealed that Flores went to at least 3 different high schools before dropping out to help his mother make enough money to provide for their family.

Fritz and Flores’ stated that their motive for the robbery was to get rent money. Flores also has a young son. We should not be in the business of killing young adults born into poverty who were neglected by their schools, their parents and the state.

Please take a moment to urge Texas Gov. Perry to stop the execution of Andrew Flores!

Flores v. Dretke, 82 Fed.Appx. 92 (5th Cir. 2003). (Habeas)

Defendant filed federal habeas corpus petition, seeking to attack his otherwise final state capital murder conviction and sentence of death. The United States District Court for the Western District of Texas, Orlando L. Garcia, J., denied petition, 2003 WL 1957131. Prisoner applied for certificate of appealability. The Court of Appeals, Jerry E. Smith, Circuit Judge, held that: (1) state court did not make unreasonable interpretation of facts in light of evidence presented, by concluding that petitioner was competent to enter guilty plea; (2) counsel was not ineffective for not objecting to prosecution's challenge for cause to venireperson who said that she strongly opposed death penalty in all circumstances; and (3) counsel was not ineffective for failing to introduce during sentencing proceedings, as mitigation evidence, elements of petitioner's history of crisis and violence. Application denied.

* * * *

The test for deciding competence to enter a guilty plea is "whether [defendant] has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and whether he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (per curiam); see also Godinez v. Moran, 509 U.S. 389, 398-99, 113 S.Ct. 2680. Because a state court's competency finding is presumed correct, a petitioner bears a heavy burden in contesting his competency during federal collateral review. DeVille v. Whitley, 21 F.3d 654, 656 (5th Cir.1994).

In arguing that he was incompetent to enter a guilty plea, Flores relies on (1) a history of childhood sexual and physical abuse, long-term drug abuse, and resulting emotional and organic brain impairments; (2) the testimony of psychiatrist Raymond Potterf at the evidentiary hearing held during the state habeas proceeding, which Flores contends established that, because of his mental impairments, he tends to respond to authority figures in "almost a frozen status ... very fearful"; (3) Potterf's testimony that Flores would "probably go along with" a directive from an attorney; and (4) Potterf's suggestion that if Flores were directed by an authority figure, he would plead guilty to "take the choice that would get him out of the situation as quickly as possible." Potterf, however, disavowed any personal knowledge of, and did not express any opinion as to whether, Flores actually experienced his "frozen state" at a time near entering his guilty plea, or that he felt pressured to plead guilty by his attorney. Ultimately, Potterf expressed the opinion that Flores was competent to enter his guilty plea. Moreover, Flores has presented no evidence that he suffered from a "frozen status" at or near the time he entered his guilty plea. During trial, the state judge observed that "[t]hroughout the proceedings, from pre-trial through his punishment phase, [Flores] displayed through his testimony, his mannerisms, his disposition, and his behavior, that he was competent as defined."

Moreover, the federal district court noted that there is no evidence that Flores's attorney ever asked or pressured him to plead guilty. Accordingly, the state court made no "unreasonable interpretation of the facts in light of the evidence presented," Godinez, 509 U.S. at 400, in concluding that Flores was competent to enter a guilty plea.

Although Flores also asserted that his guilty plea was not made knowingly, intelligently, and voluntarily, [FN1] he was admonished at length by the trial court regarding the nature and consequences of a guilty plea. As the federal district court observed, Flores represented, on the record in open court, that he was pleading guilty because he was guilty and for no other reason, that no threats or promises induced his plea, that he understood that he would receive either a life sentence without parole for thirty-five years or the death penalty, that he was waiving the right to a jury trial, that he was pleading of his own free will, and that he understood that his plea was an admission to all the elements of his offense.

Flores argues that despite all this, his aforementioned mental and emotional impairments forced him to respond to the authority of the court in a fearful and "frozen status." Again, he relies on Potterf's testimony. To the contrary, however, the trial court's observation of Flores's demeanor during the guilty plea hearing and throughout the trial gave no indication that Flores experienced such an episode. He likewise has produced no evidence that he experienced the "frozen status" about which Potterf speculated.

We see no reason to differ with the district court's conclusion that Flores' plea was knowing, intelligent, and voluntary. Accordingly, the state court made no "unreasonable interpretation of the facts in light of evidence presented" in so concluding.