Daniel Juan Revilla

Executed January 16, 2003 by Lethal Injection in Oklahoma


3rd murderer executed in U.S. in 2003
823rd murderer executed in U.S. since 1976
1st murderer executed in Oklahoma in 2003
56th murderer executed in Oklahoma since 1976


Since 1976
Date of Execution
State
Method
Murderer
(Race/Sex/Age at Murder-Execution)
Date of
Birth
Victim(s)
(Race/Sex/Age at Murder)
Date of
Murder
Method of
Murder
Relationship
to Murderer
Date of
Sentence
823
01-16-03
OK
Lethal Injection
Daniel Juan Revilla

W / M / 18 - 34

07-14-68
Mark Gomez

W / M / 13 mo

01-26-87
Beating
Girlfriend's Son
12-04-87

Summary:
Revilla, then 18, was babysitting the 13 month old baby of his teenage girlfriend. Revilla claimed he arrived home and found the baby lifeless on the floor. He tried to revive Gomez by hitting him in the abdomen, and when that failed, he placed him in the bathtub and ran some water over him. In a panic, he accidentally turned on the hot water, causing burns to the child. He then decided to take the child to the hospital, and while hurriedly leaving the house he struck the child's head on a door frame and then tripped and fell on top of the boy on a concrete floor. Medical experts testified at trial that the baby's injuries could not have happened the way Revilla described. An autopsy revealed that the infant had suffered numerous injuries over a two week period, and was bruised, burned and had cuts on his thighs and peeling skin on his chest and groin when he died, along with a swollen and bleeding brain and a severed liver. The mother, Michelle McElmurry, and two other witnesses testified that Revilla hated the boy because he was not his child. She told of previous abuse, saying Revilla had shut the baby in a kitchen drawer, folded him in a hide-a-bed, dunked him in cold water and hung him by his ankles with duct tape. The jury did not believe Revilla.

Citations:

Final Meal:
Three large hamburgers, two orders of fries, an order of jumbo shrimp, four mini pecan pies and a large cherry cola.

Final Words:
Revilla declined a final statement.

Internet Sources:

Oklahoma Department of Corrections

Inmate: Daniel J. Revilla
ODOC# 167113
Race: White
Sex: Male
Height: 5 ft. 06 in
Weight: 145 pounds
Hair: Blonde
Eyes: Hazel
Location: Oklahoma State Penitentiary, Mcalester

Oklahoma Attorney General News Release

News Release - W.A. Drew Edmondson, Attorney General - 12/19/02

Execution Date Set for Revilla

Execution Date Set for Revilla The Oklahoma Court of Criminal Appeals today set Jan. 16, 2003, as the execution date for death row inmate Daniel Juan Revilla. Attorney General Drew Edmondson requested the date Nov. 12 after the United States Supreme Court denied Revilla's final appeal.

Revilla, 34, was convicted in Jackson County District Court of the Jan. 26, 1987, murder of 13-month-old Mark Gomez in Altus. Gomez was Revilla's girlfriend's son. The child had numerous wounds including bruises, blisters, burns and lacerations. An autopsy showed swelling and bleeding of the brain and the complete severance of the liver.

Assistant Attorney General Jennifer Miller, chief of the office's criminal appeals section, said a Jan. 2, 2003, execution date was originally scheduled, but her office asked the court to reschedule the execution. "When this office requests an execution date we ask the court, pursuant to statute, to schedule the execution 60 days from the date the U.S. Supreme Court denied the inmate's final appeal," said Miller. "After the Jan. 2 execution was scheduled, we realized our application contained a typographical error that misstated the date on which Revilla's final appeal was denied. On Nov. 26 we filed an amended application to inform the court of our error. We believe the court is correct in moving the date."

ProDeathPenalty.Com

Daniel Revilla was convicted in 1987 for the Jackson County beating death earlier that year of 13-month-old Mark Gomez, the child of Revilla's teenage girlfriend. Prosecutors say Mark was abused for weeks before his death.

A convicted Oklahoma baby killer who once wanted to die for his crime is now a bit closer to that old wish. The 10th U.S. Circuit Court of Appeals ruled 3-0 against Daniel Juan Revilla in his effort to avoid execution for the murder of 13-month-old Mark Gomez in Altus. The baby, the child of Revilla's teen-age girlfriend, was beaten to death in 1987. Revilla was 18 and had abused the baby repeatedly for at least a month, according to court records. The child had many wounds including bruises, blisters, burns and lacerations. The autopsy of Mark Gomez showed swelling and bleeding of the brain and a severed liver. Revilla claimed that he had taken his girlfriend to the clinic for a checkup and left Mark, only 13 months old, at the house alone. Upon interrogation, Revilla claimed he arrived home and found the baby lifeless on the floor. He tried to revive Gomez by hitting him in the abdomen, and when that failed, he placed him in the bathtub and ran some water over him. In a panic, he accidentally turned on the hot water, causing burns to the child. He then decided to take Gomez to the hospital, and while hurriedly leaving the house he tripped and fell on a concrete floor. He then showed up at the county hospital, running through the lobby carrying Gomez in his arms, screaming that the child was not breathing.

Revilla escaped from the Jackson County Jail in October of 1987. He apparently had a girlfriend waiting for him, and the 2 traveled to Mexico. During the spree, Revilla managed to slip away from law enforcement officials in Wellington, Texas just a few days after his escape. Mexican authorities captured Revilla in Acapulco, Mexico. In February of 1988 Revilla reportedly said he was glad to be on death row because of the privileges he had there. In 1996, after 10 years on death row, Revilla maintained his innocence but told a judge in Altus that he wanted to stop his court appeals. He said he wanted to die within 60 days. Two years later, however, Revilla began his current appeal. He claimed that several aspects of the guilt phase of his trial and the penalty phase violated his constitutional rights. The federal appeals court disagreed in a 34-page decision.

UPDATE: A man who brutally beat his girlfriend's baby boy to death 16 years ago died for the crime Thursday. Mark Gomez of Altus was just 13 months old when he was killed in a beating so brutal it severed his liver. Daniel Revilla, 34, denied intentionally harming Mark. He told authorities he panicked when he found the boy wasn't breathing and struck and accidentally scalded the child while trying to revive him. The baby was bruised, burned and had cuts on his thighs and peeling skin on his chest and groin when he died. An autopsy showed swelling and bleeding of the brain, along with a severed liver.

The boy's father and four other family members came to the prison to see Revilla die. The U.S. Supreme Court rejected Revilla's last-ditch plea for a stay Thursday afternoon. At the time of the murder, Revilla was 18 and working on a farm. The boy's mother wasn't at home when Revilla said he found the child had stopped breathing. Revilla told authorities he was trying to revive the baby when he struck him in the abdomen and then accidentally scalded him with hot water. He said he rushed from the bathroom and struck the boy's head on the door frame. He said he then tripped and fell on top of the boy. Mark's mother, Michelle McElmurry, and two other witnesses testified that Revilla hated the boy because he was not his child. She told of previous abuse, saying Revilla had shut the baby in a kitchen drawer, folded him in a hide-a-bed, dunked him in cold water and hung him by his ankles with duct tape. Mark's father, Juan Gomez, said his son was a playful blue-eyed baby. The murder took place two days before he was to take custody of him, he said. "I've got pictures of him from when we were together," he said. "I look back at those times and I sob. It was a short time, but it was still a good time." Gomez said he wanted to witness the execution because he thought it might bring him peace.

National Coalition to Abolish the Death Penalty

Daniel Juan Revilla (OK) - Jan. 16, 2003

The state of Oklahoma is scheduled to execute Daniel Juan Revilla, a white man, for the 1987 murder of Mark Gomez, a 13-month-old baby, in Atlus. Revilla maintained his innocence throughout his trial and years of appeals, claiming he tried to save a dying baby. According to a recent article in Tulsa World, he still stands by his story. In 1996, he requested to drop his appeals and die within 60 days, but he eventually changed his mind and continued fighting his sentence in the courts.

Revilla took his girlfriend and co-habitant, Michelle McElmurry, to the Jackson County Health Department for a checkup on Jan. 26, 1987. During this short trip, the couple left Gomez, McElmurry’s 13-month-old son, at the house alone. Approximately 40 minutes later, Revilla ran through the lobby of the county hospital carrying Gomez in his arms, screaming that the child was not breathing.

Upon interrogation, Revilla claimed he arrived home and found the baby lifeless on the floor. He tried to revive Gomez by hitting him in the abdomen, and when that failed, he placed him in the bathtub and ran some water over him. In a panic, he accidentally turned on the hot water, causing burns to the child. He then decided to take Gomez to the hospital, and while hurriedly leaving the house he tripped and fell on a concrete floor.

The state ignored his version of the story, and quickly concluded that he tortured, burned, and beat the child to death. Prosecutors also asserted that the murder was merely the final chapter of a month-long pattern of violent physical abuse. A jury convicted Revilla of Murder in the First Degree, and, despite his young age and impeccable prior record, sentenced him to death. Over the years, he has raised numerous arguments concerning his jury’s failure to balance out aggravating and mitigating circumstances, but these challenges have made little headway in the appellate courts. He also filed an appeal challenging the effectiveness of his counsel, specifically in his attorney’s failure to request a psychiatric expert to rebut the state’s argument concerning future dangerousness. The courts denied this as well, and Revilla, just 18 years old at the time of his crime, is now dangerously close to his execution date.

Regardless of the actual events that occurred on Jan. 26, 1987, the circumstances surrounding this tragedy have caused enough suffering already. Another act of senseless violence will not rectify the situation, but will only continue the violence. Please write the state of Oklahoma and request clemency for Daniel Juan Revilla.

Daily Oklahoman

"Man Executed for Child's Beating Death," by Kelly Hurt. (AP January 17, 2003)

MCALESTER, Okla. - A man who brutally beat his girlfriend's son to death 16 years ago died for the crime Thursday. Daniel Juan Revilla was pronounced dead at 6:12 p.m. at the Oklahoma State Penitentiary, minutes after executioners delivered a mix of drugs to stop his breathing and then his heart.

Mark Gomez of Altus was just 13 months old when he was killed in a beating so brutal it severed his liver. Revilla, 34, denied intentionally harming Mark. He told authorities he panicked when he found the boy wasn't breathing and struck and accidentally scalded the child while trying to revive him. The baby was bruised, burned and had cuts on his thighs and peeling skin on his chest and groin when he died. An autopsy showed swelling and bleeding of the brain, along with a severed liver.

The boy's father and four other family members came to the prison to see Revilla die. "I feel that justice has finally been served -- not for me but for my son Mark," Juan Gomez said afterward. Revilla, his face turned away from witnesses, shook his head "no" when asked if he had a final statement. As the execution began, he turned his head and looked to the ceiling, closed his eyes and puffed out a last breath. The U.S. Supreme Court rejected Revilla's last-ditch plea for a stay Thursday afternoon.

Revilla spent his final hours visiting with his brother and godmother. He ate his requested final meal -- three large hamburgers, two orders of fries, an order of jumbo shrimp, four mini pecan pies and a large cherry Coke, prison officials said.

At the time of the murder, Revilla was 18 and working on a farm. The boy's mother wasn't at home when Revilla said he found the child had stopped breathing. Revilla told authorities he was trying to revive the baby when he struck him in the abdomen and then accidentally scalded him with hot water. He said he rushed from the bathroom and struck the boy's head on the door frame. He said he then tripped and fell on top of the boy. Mark's mother, Michelle McElmurry, and two other witnesses testified that Revilla hated the boy because he was not his child. She told of previous abuse, saying Revilla had shut the baby in a kitchen drawer, folded him in a hide-a-bed, dunked him in cold water and hung him by his ankles with duct tape.

Gomez said his son was a playful blue- eyed baby. The murder took place two days before he was to take custody of him, he said. "I've got pictures of him from when we were together," he said. "I look back at those times and I sob. It was a short time, but it was still a good time." Gomez said he wanted to witness the execution because he thought it might bring him peace. "I do forgive Mr. Revilla," he said. "He was young at the time and I don't think he realized what he did until it was too late. And I feel very sorry for his family for the loss of their son."

KOCO Channel 5

"State Executes Child Killer; Revilla Sentenced For 1987 Murder." (AP January 17, 2003)

MCALESTER, Okla. -- The man who killed Juan Gomez's baby son did not ask him for forgiveness in Oklahoma's death chamber. But he died with it anyway. Daniel Juan Revilla, 34, kept his face turned away and shook his head "no" when asked in view of his 13-month-old victim's father Thursday if he had a final statement. He died minutes later at 6:12 p.m. from an injection of heart-stopping drugs.

"I do forgive Mr. Revilla," Gomez said afterward. "He was young at the time and I don't think he realized what he did until it was too late."

Revilla was 18 years old and living in Altus when he beat Mark Gomez, his girlfriend's son, to death in 1987. The child had bruises, burns and cuts on his body, his brain showed bleeding and swelling and his liver had been severed in two. Revilla denied intentionally harming the boy. "Mark was a wonderful, cheerful son," said Gomez, who had separated from the boy's mother at the time of the murder. "I miss him and carry him in my heart every day." Gomez said he felt sorry for Revilla's family because they had lost their son.

As the execution began and a chaplain read scripture, Revilla turned his head to the ceiling, closed his eyes and puffed out a last breath. The U.S. Supreme Court had rejected his plea for a stay hours earlier.

Jackson County District Attorney John Wampler said the baby had been abused possibly for weeks before the fatal beating. Revilla told authorities that Mark had stopped breathing, and he was trying to revive the baby when he struck him in the abdomen. He said he then accidentally scalded the boy with hot water and then struck the child's head on a door frame as he rushed from the bathroom. He said he then tripped and fell on top of the baby. Mark's mother, Michelle McElmurry, and two other witnesses testified that Revilla hated the boy because he was not his child.

Members of Gomez's family had tears in their eyes after witnessing the execution. Gomez said he had wanted to see Revilla put to death because he thought it might bring him peace after years of depression. "I feel that justice has finally been served," he said. "Not for me but for my son Mark."

The Death House.Com

Man Who Beat Baby to Death Executed in Oklahoma.

McALESTER, Okla. - A man convicted of beating to death the 13 month old child of his girlfriend was executed by lethal injection Thursday night, becoming the first man put to death in the state in 2003.

Daniel Revilla, 34 and on death row for 15 years, was led to the death house after 6 p.m. and receivd the lethal drugs after the U.S. Supreme Court denied his last ditch appeal. He was pronounced dead at 6:12 p.m.

Revilla was convicted of the murder of Mark Gomez. Prosecutors said there were bruises, blisters, burns and lacerations on the child's body. In addition, an autopsy showed swelling and bleeding of the brain and the complete severance of the liver, prosecutors said. The boy died on Jan. 26, 1987.

Revilla, a farmhand by trade, had denied intentionally hurting the child. He told investigators that he had panicked when he found Mark unconscious. Revilla had said that as he was rushing the boy to the hospital, the child head struck a door fram. He also claimed he had punched the child in the stomach and "accidently" scalded him in an attempt to revive him.

But at his trial, Revilla's then girlfriend, Michelle McElmurry, testified that Revilla had hated the boy because he wasn't his biological offspring. She and other witnesses told of Revilla previously abusing the child, including dunking the helpless boy in cold water and hanging him by his ankles.

Washington Times

"Oklahoma Baby Killer Executed," by Doug Russell. (UPI January 16, 2003)

MCALESTER, Okla. - Almost 16 years after brutally killing his teenage girlfriend's 13-month-old child, Daniel Juan Revilla was executed Thursday at the Oklahoma State Penitentiary. Revilla, 34, was pronounced dead at 6:12 p.m. from a lethal mixture of intravenous drugs.

Court documents indicate Revilla rushed into the Jackson County Hospital in Altus carrying Mark Gomez on the morning of Jan. 26, 1987. Hospital personnel were unable to revive the unconscious infant, who apparently had swallowed his tongue. Workers noticed the baby had numerous injuries, including blisters on his chest, peeling skin on the chest and groin areas, bruises on his back, burns and lacerations.

An autopsy of the child's body revealed swelling of the brain and a complete dissection of the liver. Revilla told investigators he had found the boy unconscious and not breathing after dropping his girlfriend off for a physical, according to court records. He said he hit the child in the abdomen in an effort to revive him, then rushed the child into the bathroom to put water on him. In his haste, Revilla said, he accidentally turned on the hot water, scalding the boy, and also bumped the child's head on a door frame as he rushed to the hospital.

Medical experts testified at trial that the baby's injuries could not have happened the way Revilla described. One doctor testified Gomez "certainly is a battered child" who was "literally beaten to a pulp," according to court records. Trial witnesses said Revilla had abused the boy during his entire month-long relationship with Michelle McElmurry, Mark Gomez's mother. Witnesses said Revilla did not like the child because he wasn't the child's father and that Revilla had shut the infant in a kitchen drawer, folded him in a hide-a-bed, and hanged him by his ankles with duct tape.

Four members of Gomez's family traveled to McAlester from Huntsville, Texas, to witness the execution. Reading a prepared statement, Juan Gomez, the boy's father, said, "I feel that justice has finally been served -- not for me but for my son Mark." He said the boy was killed just two days before he was have taken custody of his son.

There were no witnesses for Revilla, who lay with his eyes closed and his head turned from the witness room in the death chamber. He shook his head "no" when asked if he had a final statement. Four minutes later he was pronounced dead. Revilla visited with his brother and grandmother and ate a last meal of three large hamburgers, two orders of fries, an order of jumbo shrimp, four mini pecan pies and a large cherry cola in the hours leading up to his execution. Revilla was the first convicted killer executed this year in Oklahoma.

Canadian Coalition to Abolish the Death Penalty (Revilla Homepage)

Dan's Way O Thinkin

I believe in a death penalty... What ? You want honesty, don't you ? Well, this is it. I believe in a death penalty...

Some reporter just wrote that sentence down, giddy with excitement. Tomorrow in his small community, in his local newspaper, the headline will read, "Death Row Inmate Believes in Death Penalty." His article will begin with that one sentence, but you'll see none of the rest of this composition in his/her article. In the three columns following that one sentence, they'll provide their own personal rhetoric to sensationalize that sentence. To hell with what else I write; that one sentence is "good news."

Which is why I loathe, and abhor the media almost, if not equal to, my dislike of attorneys. For the rest of you, who intend to keep reading...I believe in a deth penalty. And wouldn't you? There are those who kill and will continue to kill. Those who, even though on death row, pose a mortal threat to guards, and other inmates. Who are a waste of skin. Who have no interest in rehabilitation. They look for any opportunity to inflict their evils on those around them.

I don't want them around my loved ones ! You don't want them around you, or your loved ones. They'll never contribute anything to free society or prison society, other than misery. The death penalty was conceived to protect us all from such monsters.

Though I believe in "a" death penalty, I do not believe in "the" death penalty. Oh, ho-ho ! I've now thrown you a curve...To the public, our present death penalty seems just. And anyone on death row, has to be abominable. We (death row inmates) are all the psychopathic monsters I described earlier. Since most of the public has a blind faith in politicians and their government...you will answer, yes. But the truth is, only a very small percent of those on death row are the stereotypical, bloodthirsty killer. Out of the nations entire death row population, maybe one percent represents that which the death penalty was conceived for. The language employed in determining a person eligible for death was worded in such a fashion as to make death exclusively for those who are societies most malevolent. But, regardless to how effective you word a law or a punishment, you inevitably put it in the hands of other men. And, we all know there isn't an unbiased one among us. Prejudice, passion, self promotion, and an endless list of motives and emotions accompany our decisions.

In the case of the death penalty, the language, though in spirit, is meant to apply only to the worst criminal, is so vague, that it can be appied extensively to any homicide. This vague language is then put at the discretion of your local prosecutor. And based on his / her prides, , prejudices, passions...etc, you may or may not receive a death sentence. For example : The county i was prosecuted in, has an outstanding record for seeking first degree murder, and the death sentence for blacks, hispanics, or poor, uneducated whites.

If you are white, and of means, you could kill the president and receive probation for reckless self defense. You'd never see a murder charge. But, God forbid, you had the unfortunate luck of being born poor, or a minority ! All over the country it is this way. Your life pivots on whether your prosecutor is a closet grand wizard ofthe Klan, looking to use you to get re-elected, thinks the poor are a plague, and should be exterminated, just likes to kill...

During man's existence, he has conceived of some very good ideas, plumbing, electricity, weekends...But, man has also contrived and implemented things as a "quick fix" because he doesn't know what else to do. Man doesn't know how to bring about peace in the world, so he contrived war to protect his patch of earth. He doesn't know how to stop crime, so he contrived a death penalty. Much like war, it doesn't work...but damned if we aren't gonna defend and practice it !

So a few innocent, undeserving people are slaughtered here and there. We justify that by saying those who inadvertently die gave their lives for the greater good. And thats always easy to say, for those never touched by the monster they create. But, those forced to live with the monster that has touched their lives, cannot agree so easily. Regular prison population has more inmates convicted of horrific murders, than all death row combined. Their crimes surpass (in terms of atrociousness) most of the crimes for which death row inmates are convicted of. This is overwhelming proof that the death sentence isn't applied by means of rigourous elimination processes, to ensure only those most eligible will receive it. To the contrary, working my "JuJu", pulling a name from a hopper, drawing straws, would constitute a more exact method of elimination, than whatever is presently practiced.

The death penalty is unequivocally imposed arbitrarily. If you can't afford justice, you'll receive just as much justice as you can buy. In the case ofthe poor, that equals : none. There are those on death row, right now, with witnesses, evidence, DNA proof...etc, who can prove their innocence, if only they could afford it. Sadly, they can't. Nor can they fight the Goliath system that oppresses them...They will die... The indigent, since they cannot afford to hire competent legal representation, are forced to capitulate. They abdicate their lives to the states 'indigent defense system.' An unimpressive, underfunded, jerkwater organization; implemented and appointed by the state, to facilitate the state's desire to escort you through the formalities and into the execution chamber. Those who comprise your representation in this indigent system, are burnouts, and fresh from law school - graduates. The burnouts are there to continue to draw a paycheck, but only practice third rate defense law. Sort of a "slow down, preretirement job." The fresh out of school lawyers need a place to practice, and gain experience, before any real law firm will hire them. So, just as med-students practice on cadavers, these fresh from school "attorneys" practice on death row inmates. The logic is this : We're dead already (much like the cadaver) so they can't do any harm. And they might actually get lucky and fumble upon helping you. So, we begin the appeals process represented by blistering, incompetence. Of course, once your direct appeal is severely flawed, due to your incompetent representation, every following appeal is flawed and summarily denied. For the next decade, in every court following, from every judge over those courts, you'll receive a standard response : " The issues of error should have been brought up in direct appeal. They are without merit in this court and denied." In an oxymoronic statement, the judge says your lawyer was competent and provided adequete representation, you can't claim 'ineffective assistance of counsel,' but in that same breath, the judge will deny you any relief, bolstering the fact your attorney was indeed incompetent and made fundamental errors in not introducing or arguing evidence in your direct appeal. At which time you know for certain there is a special place in hell for attorneys. Judges, DA's, defense attorneys...they're all lawyers.

I could go on and on in regard to the innumerable inequities of the legal system; Lord knows i've only scratched a minute fraction of the tip of this iceberg, but I don't have time or space. My point is this : I believe in a death penalty, only as extreme protection from those who will never cease from inflicting their evils upon free society. But, i do not support, or believe in the death penalty because it'll always be severely flawed in the hands of man. It will never function as extreme protection, it'll always consume the innocent, undeserving. It'll always be a tool to gain election, always be the tool of some individuals racism, pride, prejudice - a means to exact revenge on what that individual dislikes.

And that is, Dan's way o thinkin' ...

Dangerous Dan the Preacher

Correspondence

As far as writing anyone goes; I'm not really interested... With maybe one exception: You're an unattached female who's happened upon my webpage, and decidedly fallen in love with me. And if I refuse to reciprocate your affections, you'll forever be crushed... Well...then...I guess, I'd consider writing. Ha Ha !

But being that this is the real world (and not one of my pleasant pipe-dreams), I'm really not interested in corresponding with anyone. I won't say unequivocally that, "I won't write anyone." Someone out there, by some miracle of persuasion, might pique my interest. Therefore, there exists the slightest possibility I may write you.

Though I don't wish to write anyone (and this'll seem selfish, I know) I invite you to write me and comment on my webpage. I don't mind if you compliment or criticize. Please, feel free to express yourself. Based on your input, you'll no doubt influence future installments to my commentary/opinion, menu-selection. If you think you have a good joke, fell free to tell it to me. If I like it, and it fit's, I'll make it into one of my comic strips. I never turn down good material. Ha ! Ha !

Keep in mind though, these are Kid-characters and the jokes shouldn't exceed a 'PG' rating. You can snail-mail me at the following address:

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