Thursday, September 29, 2005

Johnny Ray Conner

Court of Appeals: In May 1998, the victim, Kathyanna Nguyen, lived with Tony Tostado behind her grocery store in north Houston. Tostado owned a restaurant located next door to the grocery. On the afternoon of May 17, 1998, Tostado ate lunch with Nguyen and then went over to his restaurant to clean up. Shortly thereafter, Julian Gutierrez stopped by the grocery to get some gas. After pumping the gas, Gutierrez entered the store to pay and heard someone say, "Give me all your money." Gutierrez looked up from counting his own money, to see a man pointing a gun at Nguyen's chest. When the robber saw Gutierrez, he turned and pointed the gun at him. Gutierrez dropped the money he was holding and ran from the store. As Gutierrez ran, the robber fired the gun at him, hitting him in the shoulder. Hearing several more gunshots, Gutierrez turned to see the robber shooting at Nguyen. Gutierrez later identified appellant as the robber.

Hearing gunshots, Tostado locked the doors to his restaurant and hurried over to the grocery. Upon entering the store, Tostado saw a man with a gun. Although Tostado attempted to grab the assailant, the man was able to get out of the store and run away. Tostado then saw Nguyen on the floor behind the counter bleeding profusely. He immediately called "911." Other individuals who were outside nearby businesses saw the assailant as he fled the grocery, and several noted that the man was holding his hand underneath his shirt as he ran. Agnes Hernandez, who was stopped at a nearby intersection in her vehicle, decided to follow the robber to see where he went.

Christine Flores was also driving in the area when she saw a man running down the street and had to slow down in order to avoid hitting him. The man looked directly at Flores as he ran. Flores later identified the man as appellant. Finally, Michael Hamilton was driving with his wife, Martha Meyers, near the scene when they saw a man running from the grocery. As the man crossed the road in front of them, he turned to look back towards the grocery store at which time Meyers was able to see his face. Hamilton and Meyers followed Hernandez as she followed the fleeing suspect. The assailant ran for some distance before he reached a vehicle, got inside, and drove away. Hernandez continued to follow the assailant, seeing him almost run over a man and child as he sped away. Eventually, the suspect made his way to a freeway feeder road where he drove over the grass median to enter the freeway. Hernandez did not follow the vehicle onto the freeway, but returned to the scene and told Tostado the direction in which the vehicle had fled.

At the scene, Tostado and several others entered the grocery to help Nguyen. Several witnesses noted that there was money scattered and a great deal of blood on the floor around Nguyen's body. The cash register was open and there was blood inside the drawer. The police also discovered a juice bottle on the floor near the counter from which they recovered appellant's fingerprint.

When the investigation of the crime narrowed to focus on appellant, appellant's photograph was included in a photo spread of suspects for witnesses. Three separate witnesses identified appellant from the photo spread. Appellant turned himself in to the Harris County Jail on June 17, 1998.

At the punishment phase of trial, the State proved up appellant's commission of various prior offenses including possessing cocaine in January, 1991; breaking into a school in June, 1991; attempting to rob an individual in July, 1994; and committing several instances of domestic abuse involving two separate women in 1995 through 1997.

Contact Information:

Mr. Johnny Ray Conner #999324
Polunsky Unit D.R.
12002 FM 350 South
Livingston, Texas 77351 USA

 

Texans Guns for Safety: Kathyanna Nguyen, 49, the longtime owner of a northeast Houston convenience store, was fatally shot in the head during an attempted robbery. Julian Gutierrez, a customer, was shot in the shoulder.

 

HOUSTON (AP) - A 24-year-old Houston man is headed to death row for the murder of a convenience store owner who was shot three times in the head during a robbery last year.

 

Jurors deliberated about five hours Wednesday before deciding Johnny Ray Conner should receive lethal injection for the May 17, 1998, slaying of Kathyanna Nguyen, 49.

 

According to testimony, Conner entered the northeast Houston store and brought a drink to the counter as if to buy it. Then he pointed a .32-caliber revolver at Nguyen's chest through the window in her glass booth.

 

A customer, Julian Gutierrez, entered the store to pay for gasoline he just pumped and saw the gunman pointing his weapon at the clerk, who was shaking and holding cash in both hands.

 

When Gutierrez turned to flee, Conner shot him in the chest and then turned and shot Nguyen. Conner ran off and later turned himself in to authorities.

 

Conner was identified by Gutierrez, who recovered from his wound. His fingerprint was found on the drink he left on the counter.

 

Conner's lawyers Ricardo Rodriguez and Jon Munier argued jurors should give him a life sentence because he was a troubled drug user who had been neglected by a drug-addicted mother.

 

Harris County assistant prosecutor Lyn McClellan countered that Conner was a dangerous person with a record of assaulting women.

 

Houston Chronicle: Johnny Ray Conner must receive the new trial within 120 days, said U.S. District Judge Vanessa Gilmore, who ruled that his trial attorneys failed to pursue medical evidence showing he had a severe limp that witnesses would have noticed as he ran from the store.

 
Jonathon "Johnny" Ray
jonathonray201@hotmail.com
 

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