22 November 2023 :
November 15, 2023 - Daryl Wheatfall gets resentenced to death after retrial.
A man, previously put on death row for the 1990 murder of a couple, was resentenced to death by a Harris County jury on Wednesday night, as announced by District Attorney Kim Ogg.
Daryl Wheatfall, 57, Black, initially received the death sentence in 1991 for killing 62-year-old James Fitzgerald and his 67-year-old wife, L.B., during a home invasion over $50 on Dec. 13, 1990.
At the time, the couple's teenage son was also shot and survived. He testified against Wheatfall at the retrial, which began 2 months ago.
According to the Harris County District Attorney's Office, Wheatfall's guilt wasn't being argued, but the jury had to consider his punishment after he was granted a retrial because of flawed jury instructions in his first trial.
A punishment retrial means redoing the trial so current jurors understand the entire case. Ogg says the jury only had two choices: if Wheatfall should again be sentenced to death or be granted a life sentence, and because the law at the time of the slayings controls parole eligibility, Wheatfall would have automatically been eligible for parole if sentenced to life.
https://www.fox26houston.com/news/houston-death-row-inmate-resentenced-to-death-in-his-retrial