Updated 0/04/2022

Granted a stay from execution

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-40,541-07
EX PARTE MICHAEL DEAN GONZALES, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
FROM CAUSE NO. D-23,730 IN THE 358 JUDICIAL DISTRICT COURTTH
ECTOR COUNTY
Per curiam. KEEL, J., filed a concurring and dissenting opinion. KELLER,
P.J., and YEARY and SLAUGHTER, JJ., dissent.
O R D E R
We have before us a subsequent application for a writ of habeas corpus filed
pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5, and a
motion to stay Applicant’s execution.1
In December 1995, a jury convicted Applicant of the April 1994 capital murder of
Merced Aguirre and her husband Manuel Aguirre. See TEX. PENAL CODE § 19.03(a).
All references to “Articles” in this order refer to the Texas Code of Criminal Procedure1
unless otherwise specified.
Gonzales – 2
Based on the jury’s answers to the special issues submitted pursuant to Article 37.071, the
trial court sentenced Applicant to death. This Court affirmed Applicant’s conviction and
sentence on direct appeal. Gonzales v. State, No. AP-72,317 (Tex. Crim. App. June 3,
1998) (not designated for publication). And we denied relief on Applicant’s initial post-
conviction writ of habeas corpus application. Ex parte Gonzales, No. WR-40,541-01
(Tex. Crim. App. Mar. 10, 1999) (not designated for publication).
Applicant’s federal petition for habeas corpus relief was denied as to his
conviction but granted as to punishment, and the case was remanded for a new
punishment hearing. Gonzales v. Cockrell, No. MO-99-CA-073 (W.D. Tex. Dec. 19,
2002). The United States Court of Appeals for the Fifth Circuit affirmed the federal
district court’s judgment. Gonzales v. Quarterman, 458 F.3d 384 (5 Cir. 2006).th
The trial court held a new punishment hearing in May 2009. Based on the jury’s
answers to the special issues, the trial court sentenced Applicant to death. Applicant
thereafter stated that he wanted no appeals filed on his behalf and no attorneys appointed.
But because direct appeal cannot be waived, the trial court appointed counsel to represent
Applicant on direct appeal. For the purpose of Article 11.071, the trial court found
that Applicant was proceeding pro se on habeas.
This Court affirmed the sentence on direct appeal. Gonzales v. State, 353 S.W.3d
826 (Tex. Crim. App. 2011). When Applicant failed to timely file a post-conviction writ
of habeas corpus application, this Court issued an order stating in pertinent part:
Gonzales – 3
Because of applicant’s expressed desire to waive habeas, the lack of any
vacillation of that waiver appearing in the record, and applicant’s failure to
timely file an application, we hold that applicant has waived his right to the
review of an initial Article 11.071 habeas application. Any writ application
filed hereafter by applicant or on applicant’s behalf will be labeled a
subsequent application and reviewed under Article 11.071 § 5.
Ex parte Gonzales, No. WR-40,541-03 (Tex. Crim. App. Nov. 10, 2010) (not designated
for publication). On September 9, 2014, Applicant filed a habeas corpus application in
the trial court. We found that Applicant failed to satisfy the Article 11.071 § 5(a)
requirements, and we dismissed the application as an abuse of the writ. Ex parte
Gonzales, No. WR-40,541-04 (Tex. Crim. App. June 3, 2015) (not designated for
publication).
Applicant filed the instant habeas application in the trial court on February 28,
2022. He raises four claims in the application. Specifically, Applicant asserts that: (1)
he is intellectually disabled and cannot constitutionally be executed; (2) the State
suppressed material exculpatory and impeaching information in violation of Brady v.
Maryland; (3) the State knowingly elicited multiple instances of false testimony in
violation of Applicant’s due process rights; and (4) he is actually innocent. After
reviewing the record, we have determined that Applicant’s claims 1 and 2 (regarding
intellectual disability and disclosure of Brady evidence) meet the dictates of Article
11.071 § 5(a). We therefore remand those claims to the trial court for a merits’ review.
The remaining claims do not meet the requirements of Article 11.071 § 5(a) and should
not be reviewed. Applicant’s execution is stayed pending resolution of the remanded
Gonzales – 4
claims.
IT IS SO ORDERED THIS THE 3 DAY OF MARCH, 2022.



27 years ago, Michael Gonzales murdered Manuel and Merced Aguirre during a robbery. He is set to be put to death on March 8, 2022.



ODESSA, Texas — Closure has been a long time coming for the Aguirre family. 27 years ago, Manuel and Merced were murdered by their neighbor, Michael 'Spider' Gonzales. Now, a date has been set for Gonzales' execution

March 8, 2022 is the day the Aguirre family has been waiting for, and it's a weight off the shoulders of the other members of the family, including Manuel and Merced's son, Rick Aguirre.

Even though it occurred almost three decades ago, Rick will never forget what happened.

"I started getting phone calls from people here in Odessa," Aguirre said. "'There's something going on at your parents' house. There's a lot of people there, and the police are there.' I called the police, and they said they didn't have anything to report. Then I tried to call other family members, and finally someone called me and said they found your parents dead."

It was a gruesome scene. Manuel had been stabbed several times, but Merced? There were almost too many wounds to count.

"It was so heartbreaking to walk in there and see the blood on the floor," Aguirre said. "My dad's recliner, he was stabbed seven times in his recliner, and he was recovering from heart bypass surgery at the time. And then my mother was stabbed in the kitchen."

Gonzales broke into the Aguirre's house in an attempt to steal several items. During the robbery, Gonzales killed his neighbors.

While Rick is not yet ready to forgive Gonzales, he is planning on attending the execution.

"I know we will be attending," Aguirre said. "What I would like to see when we attend is if we can take a picture in, a display of our parents so that he sees them. You know, he's never shown any remorse at all."

The news is the hopeful beginning of the end of a very painful chapter for the Aguirre family.

"I'm hoping it will draw this out to an end and be able to start a new chapter, instead of having to dwell on the fact that we have not had an execution date that has been carried out," Aguirre said.

Michael 'Spider' Gonzales asks judge to withdraw execution order



ODESSA, Texas — UPDATE: The Odessa Police Department has issued the following statement in regards to the case:

In response to a recent news story into the appeal by Michael Dean Gonzales, the Odessa Police Department has not entered a new investigation or review of this case.  Employees of the Odessa Police Department have simply responded to requests for information for the case and provided evidence and copies of reports as required by law.  Any additional information or new evidence being stated to have been located is not by an employee or representative of the Odessa Police Department.  We stand by the evidence and facts of this case as turned over, and have no additional information to add other than the original investigation from 1994.

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Michael Dean Gonzales, also known as "Spider," has asked a judge to withdraw his execution order after new evidence was provided by the Odessa Police Department, according to a federal defender for the Western District of Texas.

Gonzales was convicted in the 1994 stabbing deaths of his neighbors, Manuel and Merced Aguirre, after he broke into their house in an attempt to steal several items.

His execution date is scheduled for March 8, 2022.

The motion to withdraw states that OPD recently re-examined its file and released "potentially exonerating new physical evidence and photographs to Gonzales."

A statement released by his counsel points to two main new pieces of evidence. These include potential bloodstains on clothing worn by another man suspected of committing the crime, as well as 60 untested fingerprint cards they claim an examiner said could identify other suspects.

n application for a writ of habeas corpus filed by Gonzales Monday raises three things he sees as fundamental errors with his conviction and sentencing.

The application sites intellectual disability, significant official misconduct and actual innocence.

Judge John Shrode will hold a hearing on March 4 in regard to the motion to withdraw the execution date of Michael "Spider" Gonzales.

During the hearing, counsel for Mr. Gonzales will present their arguments to Judge Shrode.

It will take place at the Ector County Courthouse at 9:30 a.m. in Odessa.