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Condemned killer of San Antonio rap singer loses appeal

By

Associated Press Writer

A San Antonio man condemned for the fatal shooting of a local rap singer during a robbery 3 1/2 years ago lost the appeal of his conviction and death sentence Wednesday in the Texas Court of Criminal Appeals.

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Juan Edward Castillo, in his required direct appeal to the state's highest criminal court, had argued evidence was insufficient to convict him of the December 2003 slaying of 19-year-old Tommy Garcia Jr. Evidence showed Garcia, as part of a robbery plot, was shot seven times in an ambush at a San Antonio lovers lane after he was lured there by Castillo's girlfriend.

In the appeal, Castillo also contended the Texas death penalty is unconstitutionally cruel and that the Bexar County judge who tried his capital murder case improperly allowed testimony from two accomplices in the plot.

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The appeals court rejected all the claims.

Castillo does not have an execution date. He still could raise appeals in the federal courts.

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Castillo's girlfriend, Debra Espinosa, pleaded guilty before his trial as part of plea bargain and testified against him. Another participant in the plot, Francisco Gonzales, also entered a plea for a reduced sentence. Both were sentenced to 40 years in prison.

Espinosa testified she had known Garcia for years and arranged for him to pick her up and drive to a secluded area for drugs and sex. Castillo and Gonzales reached the scene in advance and waited for the couple. Once they were parked, testimony showed Castillo smashed a window with the butt of his gun, opened the doors and demanded Garcia's money. When Garcia refused and tried to run, he was shot numerous times.

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Witnesses said they saw Castillo the day after the shooting wearing a distinctive medallion on a thick gold chain that had belonged to Garcia, who had gained some notice on San Antonio's south side as a rap artist known as J.R.

Castillo and Gonzales were arrested within a week of the shooting.

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Espinosa ran to a home nearby to call a friend and tell him Garcia had been shot and was in the street dying. The people in the house called police after she fled.

A Bexar County jury that convicted Castillo took less than 20 minutes to decide he should be put to death.

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In the final two days of the punishment phase of the trial, Castillo fired his lawyers and represented himself. He cross-examined none of the prosecution witnesses and made no final argument to the jury.

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