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Unanimous death sentence
Wharton County jury gives game warden's killer the ultimate penalty

WHARTON - Garrett Freeman should pay with his life for killing Game Warden Justin Hurst, all 12 members of a Wharton County jury said on Friday.
The death penalty sentence came after the same jury of nine women and three men found Freeman guilty of capital murder on Monday for shooting Hurst on March 17, 2007.

The jury deliberated about 13 hours before reaching a sentencing verdict. The jury notified District Judge Randy Clapp about 1:15 p.m. that a verdict had been reached. The panel began deliberations about 11:40 a.m. Thursday and quit at 8 p.m. before resuming again at 8:30 a.m. Friday.

Hurst and Freeman family members exchanged hugs and shared tears after the trial was adjourned.

In a victim impact statement following the verdict announcement, Amanda Hurst, Justin Hurst's widow, speaking directly to Garrett Freeman, ended with "I want you and your family to know I pray for them and the anguish you've caused. I pray for you, too."

The victim impact statements were an emotional ending to three weeks of proceedings. Justin Hurst's parents, Allen and Pat Hurst, also spoke directly to the defendant.

Pat Hurst compared and contrasted the choices that her son, 34 when he died, and Freeman, now 27, made out of high school. After talking about education and jobs, she concentrated on the night her son died.

"On the night on March 16, 2007, you chose to run from a misdemeanor ticket. You chose to shoot at police officers . you chose to deliberately shoot and kill my son," she said. "Justin chose to try and stop the carnage. Justin chose to give his life to save others."

The episode began that night when Freeman chose not to stop when Game Warden Scott Blackburn tried to give him a ticket for shooting from the roadway. Almost an hour and a half later, with seven law enforcement officers behind him, Freeman stopped his truck in Lissie Cemetery, not far from where he lived, and opened fire. Hurst was killed in the shoot out.

Allen Hurst, as part of his victim impact statement, read a prepared statement that reiterated the phrase "I had a son."

It concluded with, "I had a son whose life was taken at an early age by a poacher for a reason only that person will ever know. I had a son who made a difference in so many lives by the way he treated people. I had a son who was called by God to oversee His wildlife and waterfowl. Yes, I had quite a son. God, how I miss him," his father said.

Wharton County District Attorney Josh McCown said after the trial, "The evidence supported this verdict. After you get what you work so hard to achieve, you look at the situation and try to understand it and you can't. It's never one of those things that make you happy or glad. It's just sad. That's how I feel."

Freeman's defense attorney Stanley Schneider knew he was fighting an uphill battle.

"This is a death penalty case. It's hard to overcome the violence shown in the video," Schneider said.

A death penalty sentence is automatically appealed, Clapp explained. Schneider said he would inform the court next week if he would be Freeman's appellate attorney.

The jury could have decided on a sentence of life in prison without parole if it thought there were mitigating circumstances that contributed to the crime. Life without parole became an option for juries in capital murder cases in 2005. Prior to then, convicted capital murderers were eligible for parole after 40 years.

Wharton County last had a capital murder case in 1996, when it had two. Both were tried and won by McCown and were the first two cases he tried after his appointment as district attorney in October 1995. He won re-election as DA on Tuesday.

In the Freeman case, Kelly Siegler, a former Harris County prosecutor of more than 20 years who lost a bid for that county's district attorney's position earlier this year, assisted McCown.