Jury mulls death penalty for White Settlement robber who killed his first man at 13
Deliberations in the capital murder trial of a man convicted of killing a customer who refused to get down during a convenience store robbery will resume Tuesday morning, a court official said.
Burnches Markish Mitchell, 26, was convicted of capital murder in the slaying of Khrystophir Scott, 27, who died days after the Jan. 27, 2017, robbery from a gunshot wound to the neck, according to the Tarrant County Medical Examiner’s Office.
The jury began deliberating about 11:30 a.m. Monday on whether Mitchell should receive life in prison without the possibility of parole or a death sentence.
Mitchell, who was described as respectful and quick to smile by Fred Cummings, the attorney who represents him, smiled as he conversed with bailiffs prior to closing arguments beginning in the punishment phase of his trial.
Mitchell’s mother and the man she was living with both drank and fought when they drank too much, Cummings told the jury. Mitchell’s mother said one day her son would rise up to protect her, Cummings said.
“Burnches took a metal rod and stabbed James (Fields) one time in the back,” Cummings said. “He (Fields) died on the front lawn of the home.”
As a result of Fields’ slaying, Mitchell, who was then 13, was placed under the care of the Texas Youth Commission, where he had fights, was combative with staff and where he was ultimately discharged, Cummings said.
Mitchell never wanted to hurt anyone, but he tired of receiving minimum wages, and two acquaintances from his TYC years convinced him that robbery was a better way to make money, according to the defense.
Prosecutor: ‘He’s still thinking about killing’
Scott was a customer at a Quik Sak store at 898 S. Cherry Lane in White Settlement in one of the robberies that Mitchell participated in, according to Tarrant County prosecutors. Two men entered the store and demanded that everyone get on the ground, according to police.
A struggle ensued when one customer, Scott, would not get down, and he was shot.
Scott was taken to John Peter Smith Hospital in Fort Worth. He died in the operating room.
David Alex, a Tarrant County assistant district attorney, told the jury on Monday that Mitchell will always be a threat and a menace to society.
While in jail, Mitchell was recorded during conversations with friends saying that if he got a long sentence, he would revert to his old ways and shoot people in retaliation for that sentence.
Mitchell was also recording saying that if had received the bullet-proof vest that he had ordered in time, he would have engaged in a shootout with police. The recordings were played for the jury with all the profanity included.
“Life without parole can have consequences,” Alex said. “There are visitors, clergy, guards. He’s sitting in the Hunt County Jail and he’s still thinking about killing people. He will not stop, folks. He’s saying these things after all the other stuff that he’s done.”
The victim’s roommate and friend Glen Shoecraft made a public Facebook post on Feb. 2, 2017, asking for prayers for Scott, and another post Feb. 3 saying Scott had taken a turn for the worse and would be taken off life support the next day.
The defendant’s record
Mitchell has a long criminal history, according to prosecutors and is a suspect in at least a dozen other aggravated robberies in North Texas.
According to a court document filed in October:
As a juvenile, Mitchell stabbed James Fields to death on Aug. 12, 2006. He was found to be involved in delinquent behavior and then was sentenced to 10 years’ confinement with the Texas Youth Commission.
Mitchell was identified as a gang member and adjudicated delinquent for assaulting a public servant on Jan. 15, 2010.
Mitchell was transferred to adult prison but released on parole on Feb. 13, 2013, and was discharged from parole on Nov. 7, 2016.
After his release, Mitchell was implicated in several armed robberies.
Mitchell was convicted of aggravated assault against a public servant in Hunt County, Texas, on May 30, 2017, and was sentenced to 40 years in prison.
Another Tarrant County jury is expected to deliberate in another the death penalty trial this week in the case of Hector Acosta, who was found guilty Nov. 5 of killing his roommate Erick “Diablo” Zelaya in Arlington in 2017, then beheading him. Acosta also killed his roommate’s girlfriend, Iris Chirinos, at an Arlington home.
This story includes information from Star-Telegram archives.
This story was originally published November 11, 2019 at 2:10 PM.
