Appeal denied for Brownsville death row inmate who decapitated his children
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A Brownsville man, who was convicted and sentenced to death for the capital murder and decapitation of his three children, has lost his final appeal, according to a news release from the Cameron County District Attorney's Office.
John Allen Rubio was sentenced to death in 2010 after being found guilty of killing his infant daughter, Mary Jane Rubio, and his two step-children, Julissa Quesada and John E. Rubio in 2003, according to the news release. A previous conviction in 2003 was overturned, but a second jury found him guilty of the same charges.
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The news release said the Fifth Circuit of Appeals has denied a certificate of appealability for Rubio, officially ending his last attempt to challenge the denial of federal habeas relief.
"Once again, a court has ruled against re-convicted child murderer John Allen Rubio. The United States Fifth Circuit Court of Appeals has ruled that Rubio was rightfully convicted of capital murder in 2010 and therefore should be executed for his 'especially harrowing' office," Cameron County District Attorney Luis V. Saenz said. "For 15 years, this cowardly defendant has manipulated the criminal justice system with frivolous and dilatory motions to avoid being held accountable for the most brutal and heinous crime in Cameron County history - the murder and decapitation of three innocent babies."
The appellate court concluded that Rubio's "long-standing attempts to void the execution - now spanning more than 15 years - were without merit," according to the news release.
The murders occurred in a condemned home near the Cameron County Courthouse, according to the news release. That home has since been demolished and turned into a memorial garden for the three children.
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"I, along with the public, urge the courts to move forward with the sentence and put an end to these seemingly endless delays of justice by allowing the State of Texas to carry out the verdict of death by lethal injection that a Cameron County jury rendered on July 29, 2010," Saenz said.
According to the news release, Angela Camacho, Rubio's common-law wife, is currently serving a life sentence and will be eligible for parole in 2043.
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