2000-07-08

July 8, 2000

On the night of July 7, 2000, Randy Cortinez, his brothers, Domingo and Michael^[1], and their friend, Chris, were at a bar they frequented. The victim and his friend, Johnny, who were not regular patrons of the bar, arrived near closing time to have some drinks and dance.

At approximately 1:00 a.m. on July 8, the victim was ejected from the bar for being drunk and obnoxious. Shortly after last call was announced, Johnny noticed the victim was not in the bar and went outside to look for him.

He observed Cortinez and his two brothers, who were all heavy set, and a female near the victim. The victim was five feet, four inches tall and weighed 103 and 1/2 pounds. Johnny testified that although he did not see appellant attack the victim, while attempting to aid the victim and instructing him to run, he suffered a deep cut on the side of his face. Johnny ran along the sidewalk shouting that his friend was being killed. Moments later, Johnny saw the victim lying in a puddle of blood. In shock, Johnny ran to his car and hastily drove away.

According to the manager of the bar and two security guards, after the victim was ejected from the bar, Domingo and his girlfriend had an argument and stepped outside to talk. Chris testified that he, Randy Cortinez, and Michael followed Domingo outside. Domingo’s girlfriend testified that she and Domingo were arguing and that he was drunk and she was crying.

Cortinez and Michael tried to break up the argument and calm her down. The victim approached the group several times inquiring about the welfare of Domingo’s girlfriend. He was told several times by Cortinez and Michael that everything was fine and asked to leave.

Upon interfering in the argument for a third time, the victim was attacked by appellant and Michael. Evidence was presented that the victim was punched and kicked, and conflicting evidence was presented on whether Cortinez used a knife or other object to inflict the victim’s wounds.

Chris eventually pulled Cortinez and Michael off the victim and urged them to get into their car. According to Chris, after he broke up the fight, the victim remained on the ground with blood around him. The Cortinez brothers left in a car driven by a female friend, and Chris drove away in his own car.

The bar manager testified that after the Cortinez brothers left, he noticed the victim was “bleeding out of everywhere.”

The bartender called the police and one of the responding officers testified that when he arrived at the scene he found the victim lying in a large pool of blood. According to the officer, the victim was not moving and his breathing was very labored.

Another officer took pads from a first aid kit and packed the victim’s wounds and began CPR until the ambulance arrived. The victim did not survive the attack and the medical evidence established that he suffered 18 wounds–14 were stabs and 4 were incise--to the neck area with the fatal wounds perforating his left carotid artery.

TABC officers in an unmarked car who were preparing to go off duty heard the radio call about the fight and coincidentally, while they were stopped at a red light, noticed that the passengers in the car next to them looked suspicious.

They followed the car to a residence and notified local law enforcement to follow up. Several police officers were dispatched to the residence. They approached the house on foot in a tactical manner with weapons drawn believing the suspects were armed and dangerous.

Michael and three females were standing in the driveway. Michael had blood on his pants and was asked to assume the position. Shortly thereafter appellant approached from the backyard and after officers noticed blood on his pants, he was ordered to his knees and handcuffed.

Eye witness testimony established that the victim was severely beaten by Cortinez. Cortinez’s friend, Chris, testified he saw Cortinez down on one knee repeatedly “punching” the victim with his right hand and that he had to pull Cortinez off of him.

The manager of the bar testified that when he went to the parking lot to conduct a “routine check” prior to closing, he observed Cortinez on top of the victim “going at him” and that he noticed a reflection from a blade that Cortinez was holding in his right hand.

During direct examination, the witness claimed he saw Cortinez use a knife to stab the victim; during cross-examination, however, he wavered and testified he could not be sure if Cortinez used a knife.

One of the security guards from the bar, who was familiar with the Cortinez brothers, testified that while the victim was laying face down, he observed Cortinez on top of him with his left arm underneath the victim’s neck while he was striking him with his right hand. He did not see Cortinez use a knife or other sharp instrument.

Domingo’s girlfriend and Chris testified that Cortinez worked for a fire and water restoration service and that his job required him to use all sorts of knives and sharp instruments. Domingo’s girlfriend claimed she did not see Cortinez use a weapon during the fight.

The medical examiner explained that the victim died from 18 wounds, two of them being fatal wounds to his neck that perforated his carotid artery. Some of the wounds indicated the use of a sharp instrument, probably one with a single-edge. The victim also sustained numerous bruises and contusions caused by blunt force most likely resulting from being kicked or being hit with a knee or fist.

Forensic evidence established that the victim’s blood was found on the running board of the right passenger side of the car in which Cortinez left the scene. The victim’s blood was also found on Cortinez’s boots, jeans, and hands. Although clothing and boots from three other suspects was also tested, a DNA analyst testified that the largest volume of the victim’s blood was found on Cortinez’s clothing.

Chris testified that Cortinez and his brother Michael were beating the victim and that he had to pull them both off of him. Domingo’s girlfriend testified that when police arrived at the Cortinez residence and arrested Michael, he said, “if anything happened, I did it.”

Forensic evidence established that the victim’s DNA was found on Michael’s boots and jeans and that Michael had a fresh cut on a finger on his left hand.

We the jury, having found the Defendant guilty of the indicted offense of murder, assess punishment at confinement in the Texas Department of Criminal Justice Institutional Division for a period of 80 years, and assess a fine in the amount of $10,000.00, signed by the presiding juror.