Killer's father asks jurors to 'let him live'

Posted Wednesday, Jan. 25, 2012 0 comments  Print Reprints
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FORT WORTH -- Convicted killer Kwame Rockwell's father -- in tears on the witness stand -- had one request for jurors in his son's capital murder trial Wednesday.

"I'm asking you to let him live," Kenneth Rockwell said. "Let God take care of this."

Tarrant County prosecutors are seeking the death penalty for Kwame Rockwell, who was convicted last week of capital murder in the shooting death of convenience store clerk Daniel Rojas, 22, during a robbery. A Mrs Baird's deliveryman, Jerry Burnett, was also fatally wounded during the robbery.

Prosecutor Kevin Rousseau, in gentle questioning of Rockwell's father, suggested that Kwame Rockwell's family would at least get a chance to say goodbye to him -- a comfort denied the families of Rojas and Burnett.

Jurors are scheduled to begin deliberations today on whether Rockwell should be sentenced to death or life in prison without parole.

The day's emotional testimony by his relatives had some jurors in tears. The family showed photos and home videos of happier times. They told of Rockwell's rise in local car dealerships from detailing cars to serving as finance manager, and painted a picture of a kind man who helped his family and friends.

Linda Sneed, an aunt who helped raise him, said Rockwell was a happy child who was always willing to help his cousins and friends, and an adult who went out of his way to be kind.

Sneed showed family photos of a smiling child with a new puppy, at a birthday party with Chuck E. Cheese, and at a birthday party as a pre-teen with a Michael Jackson jacket.

"It's very hard," Sneed said, breaking into tears. "I pray for the parents who lost their son. I pray for the woman who lost her husband. We are hurting, too."

A half brother testified that Rockwell helped him stay away from gangs and drugs, offered refuge and support, and stayed involved in his life.

Nick Rockwell, a junior at Oklahoma State University, is a wide receiver on OSU's Fiesta Bowl champion team.

"He loved that I played football, but he wanted me to get an education," Nick Rockwell testified. "He always made time for me. He had a very positive influence on my life."

Kwame Rockwell, who had sat almost unmoving throughout the trial, wiped away tears and occasionally put a hand to his face during the testimony.

Defense attorneys Mark Daniel and Tim Moore also submitted evidence from the Tarrant County medical examiner's office that Burnett's treatment at John Peter Smith Hospital may have contributed to his death.

Burnett was able to call 911 after the shooting and he talked to emergency personnel, but he began having trouble breathing while undergoing a CT scan at JPS. Medical records did not indicate how long he was left in the scan machine before hospital personnel realized that he was struggling to breathe. He never regained consciousness.

Prosecutors accepted the evidence, indicating that Medical Examiner Nizam Peerwani agreed with Deputy Medical Examiner Gary Sisler's conclusion that lack of care at JPS may have contributed to his death.

Faked suicide tries?

The chief psychiatrist at the Tarrant County Jail, Dr. Xiaoyan Wu, said she concluded that Kwame Rockwell might have faked suicide attempts so that he could be sent to JPS.

Rockwell refused to eat and lost so much weight that he had to be helped to his feet by deputies, and at one point slashed his wrist superficially, Wu testified.

She said she believed he was "malingering," but treated him with antidepressants and antipsychotic medication. He eventually began to eat again, she said.

Prosecutors also presented evidence that a knifelike shank was found in Rockwell’s cell after water flooded the front of his cell. A jailer, however, had testified for the defense that he saw other inmates throw water and other items into the cell; additional criminal charges were never pursued in that incident.

The trial is set to resume at 9 a.m. today in Criminal District Court No. 4 before visiting Judge Elizabeth Berry.

Dianna Hunt, 817-390-7084 Twitter: @diannahunt

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