Thomas Bartlett Whitaker (born December 31, 1979) is an American convicted under the Texas law of parties of murdering two family members as a 23-year-old.
[4][5] Thomas Bartlett "Bart" Whitaker was born on December 31, 1979, to father Kent, the comptroller of a construction company, and mother Patricia (Trish), an elementary school teacher.
[5][6] Whitaker attended Clements High School where in 1997 as a 17-year-old he received a criminal conviction for a series of seven burglaries that he had "meticulous[ly]" planned, leading other young friends in the spree.
[9][4] He had lied to his parents about his continued status in college; varying reports had him dropping out of SHSU months before,[10] or being present there as a freshman on academic probation.
[citation needed] In addition, they purchased a lakeside townhouse in Willis, Texas, for his use, and a $4,000 Rolex watch was given to him as a college graduation present hours before the murders.
[13][independent source needed] Bart then ran inside and staged a struggle with Brashear, getting shot in his left arm to divert suspicion.
[11] Patricia died shortly after the start of her airlift by Life Flight to Memorial Hermann Hospital; Bart's father Kent survived.
[15] Whitaker was refused a plea bargain in exchange for his admission of guilt by District Attorney John Healey, and was instead tried for capital murder.
[3] The trial began in March 2007, led by prosecutor Fred Felcman[17][18][d] before 400th District Court Judge Clifford Vacek and a Fort Bend County jury.
"[17] Trial judge Vacek handling of the prosecution's use of a phone recording between Hipp and Whitaker would become an element of the defense's later appeal of the verdict.
[22][better source needed] The prosecution's theory of motive focused on financial gain, with evidence variously described as pointing to Whitaker standing to inherit "about $1.5 million" after the death of his parents and brother,[4] or that he had wanted to capitalize on a million-dollar life insurance payout.
[citation needed] On Friday, March 2, 2007, prosecutor Fred Felcman and the State of Texas rested the prosecution's case in the capital murder trial for Thomas Bartlett Whitaker's role in the deaths of his brother and mother.
[17] Randy McDonald, attorney for the defense, rested their case on the same day, without calling witnesses, and judge Vacek scheduled closing arguments for the morning of March 5.
[19][non-primary source needed] On October 1, 2013, Whitaker and two death row convicts, Perry Williams and Michael Yowell, sued Texas Department of Criminal Justice (TDCJ) directors Brad Livingston and Williams Stephens; James Jones, senior warden at the TDCJ's Huntsville prison, where executions take place; and unknown executioners.
Whitaker withdrew his appeal pertaining to the purity of the drug used, pending at the Supreme Court of the United States, just before a decision by the Texas Governor to grant clemency and commute his sentence.
[36][full citation needed] On February 20, 2018, in a rare decision, the Texas Board of Pardons and Paroles recommended that the death sentence be commuted to life imprisonment.
[2][3] Abbott cited the fact that Whitaker did not fire the gun and that his father, Kent, "insists that he would be victimized again if the state put to death his last remaining immediate family member," as the reasons for the commutation.
"[citation needed] He was named a 2018-2019 PEN America Writing for Justice Fellow,[54] a program that aims to support creation of "written works of lasting merit that illuminate critical issues related to mass incarceration and catalyze public debate.
"[55] Scholarly attention has been directed toward this PEN program, noting that while PEN was an esteemed human rights organization known for the defense of free speech rights, in particular of persecuted writers, the Prison Writing Program presented a distinct agenda, namely in a "[belief] in the restorative and rehabilitative power of writing" to "help convicted criminals become writers," an aim which raises questions about the nature and residence of the power inmates are given and about its impact on prisoners and on society.
"[58][better source needed][6] As of 2019, the Texas Department of Criminal Justice was investigating a report that Whitaker's master's thesis was being offered for sale online.