Office of the Attorney General News Release Archive


Tuesday, February 26, 2002

MEDIA ADVISORY

Monty Allen Delk Scheduled to be Executed

AUSTIN - Texas Attorney General John Cornyn offers the following information on Monty Allen Delk, who is scheduled to be executed after 6 p.m. on Thursday, Feb. 28, 2002.

On May 9, 1988, Monty Allen Delk was sentenced to death for the capital murder of Gene Olan Allen II, in Anderson County, Texas, on Nov. 29, 1986. A summary of the evidence presented at trial follows.

FACTS OF THE CRIME

On Nov. 28, 1986, Monty Allen Delk telephoned Gene Olan "Bubba" Allen II and his wife, Sheila, in response to a newspaper advertisement listing a Chevrolet Camaro for sale. Delk, who had recently been evicted and lost his Volkswagen in a poker game, made arrangements for a test drive. He instructed Mr. Allen to bring the Camaro to a grocery store parking lot in Crockett, Texas, adjacent to the rooming house where Delk had been living.

The next morning after cleaning and washing the Camaro, Mr. Allen met Delk for the test drive. Mrs. Allen, who was riding in a car with her sister, saw her husband and Delk together at an intersection that morning. Shortly before 1:30 p.m., Bubba Allen's body was found in a ditch beside a remote stretch of road three miles south of Palestine in Anderson County. Mr. Allen's body was limp and blood oozed from a shotgun wound above and behind his left ear. His wallet was missing.

About 5:30 p.m., Delk arrived in Jasper, Texas, and talked Philip Johnson into accompanying him to New Orleans. Johnson observed a sawed-off shotgun in the Camaro, and noticed Delk had an atypical amount of cash. At first, Delk told Johnson he was purchasing the Camaro from a relative named "Bubba." He later told Johnson "he killed somebody and got $75." Along the way, Delk disposed of a wallet that fit the description of the one that belonged to Allen, explaining that "he had to get rid of some evidence."

Delk and Johnson were arrested in Winnfield, Louisiana, on Dec. 2, 1986. The Camaro was registered in the name of "Gene Allen II," although Delk told police he borrowed the car from his sister. Inside the car police found the sawed-off shotgun, later shown to be consistent with the weapon that had killed Mr. Allen. In his wallet, Delk carried a photograph of Sheila Allen, taken from Bubba Allen's wallet, as well as a copy of the ad from the Houston County Courier listing the Camaro for sale.

PROCEDURAL HISTORY

January 15, 1987- Delk was indicted for the capital offense of the intentional murder of Gene Olan Allen II, during the course of committing robbery.

May 6, 1988- A jury found Delk guilty of capital murder.

May 9, 1988- Following a separate punishment hearing, Delk was sentenced to death in accordance with state law.

April 21, 1993- Delk's conviction and sentence were automatically appealed to the Texas Court of Criminal Appeals, which affirmed the judgment in an opinion.

November 15, 1993- The Supreme Court denied Delk's petition for writ of certiorari.

October 18, 1996- Delk filed an application for state habeas relief.

February 3, 1998- After holding two evidentiary hearings, the trial court entered findings of fact and conclusions of law, recommending the denial of relief.

April 15, 1998- The Court of Criminal Appeals adopted the trial court's findings and denied relief in an unpublished per curiam order.

August 4, 1998- Delk initiated habeas corpus proceedings in federal district court.

March 31, 2000- The court entered judgment denying Delk's petition.

August 13, 2001- The Fifth Circuit affirmed the district court's judgment denying Delk habeas relief.

September 19, 2001- The Fifth Circuit subsequently denied Delk's petition for rehearing.

Delk filed a petition for certiorari review in the Supreme Court, which is currently pending. The state trial court recently rejected Delk's claim that he is incompetent to be executed.

CRIMINAL HISTORY

Evidence presented at trial established that Delk had long contemplated crimes similar to the robbery and murder of Bubba Allen. He would frequently drive around in search of a person or place to rob. Evidence also indicated that Delk routinely beat his wife, Tina, and encouraged her to commit crimes with him. For example, Tina testified:

"Well, he looked through the paper, and he would see an ad for something like a ring, a diamond ring, worth a lot of money; and the plan was we would go to their house, say we were married and everything, see how many people were in the house, and hold them at gunpoint, tie them up and take their valuables and shoot them in the head and leave."

Delk told both his wife and others that he killed a man in Florida, although his claim has been unsubstantiated. Delk also made death threats against a fellow employee at a lumber mill, a pregnant co-worker at Pizza Hut, and his mother-in-law when she came to retrieve her daughter in fear for her well-being. After his wife left him, Delk similarly threatened his wife's former employer for not revealing her whereabouts. While in prison awaiting trial in the instant capital murder, Delk made death threats against jail staff. He was once overheard to tell a visitor at the jail that "Tina and Philip could not find a corner on the face of the earth that he would not find them, and they were history."

MISCELLANEOUS

For additional information and statistics, please log on to the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.

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