09 October 2017 :

The Texas Court of Criminal Appeals has affirmed a trial court order overturning Hector Medina's death sentence, ruling that his trial counsel's refusal to present any penalty-phase defense constituted ineffective assistance of counsel. Hector Rolando Medina, 38, Hispanic, who shot his sons wins death row reprieve. An Irving father sentenced to death for the revenge killing of his children after their mother left him has been granted a new punishment trial. Medina shot 3-year-old Javier and 8-month-old Diana in the head and the neck after his girlfriend left him in March 2007. He then shot himself in the neck outside his home. Medina was convicted of capital murder in 2008 and sent to death row, after defense attorney Donna Winfield didn't call a single witness or present closing arguments during the punishment phase of the trial. The Texas Court of Criminal Appeals upheld a lower court's ruling that Medina should be granted a new punishment trial because of his defense attorney's "deficient performance." The Dallas County district attorney's office will decide whether to again seek the death penalty against Medina. The automatic sentence for capital murder in Texas is life without the possibility of parole. "These cases are very expensive and very time-consuming," said First Assistant District Attorney Michael Snipes. "Those two factors have to be taken into consideration, not only in this case but in every case where a defendant is death penalty-eligible."