Wharton County man executed in killing of game warden

James Garrett Freeman was executed for killing Texas game warden Justin Hurst in 2007. James Garrett Freeman was executed for killing Texas game warden Justin Hurst in 2007. Photo: Fort Bend County Sheriff's Office Photo: Fort Bend County Sheriff's Office Image 1 of / 30 Caption Close Wharton County man executed in killing of game warden 1 / 30 Back to Gallery

HUNTSVILLE — James Garrett Freeman, a Wharton County man who nine years ago shot and killed Texas Game Warden Justin Hurst, was executed Wednesday evening.

At 6:14 p.m., Freeman was asked if he had any last words. He replied, "No, I do not."

Moments before the pentobarbital began flowing into his veins, he could be seen grimacing slightly.

As the drugs were administered, Freeman struggled to keep his eyes open. His chest rose and fell several times, he gasped slightly several times, and his eyes closed.

The revving of engines from motorcyclists who support law enforcement filtered into the death house, where several game wardens and Wharton County District Attorney Ross Kurtz clustered by the observation window and watched the color slowly drain out of Freeman's face.

At 6:30 p.m., 16 minutes after the drugs were administered, he was pronounced dead.

Afterward, Greg Hurst, Justin's brother, thanked the approximately 100 game wardens and other law enforcement officers who on Wednesday had gathered and stood vigil outside the prison.

"Nine years ago - It's been nine long years," Hurst said, tears trickling down his face as he addressed his brother's former colleagues. "These men and women provided more support to my family ... and I really can never repay that. From the deepness of my heart, I love every one of you guys and gals, so thank you very much."

In the days prior to his execution, Freeman spent his time sleeping, speaking with his family and friends, cleaning his cell, and reading. On two separate occasions, he refused breakfast.

Around midday Wednesday, Freeman was transferred to a holding cell outside the execution chamber in the Huntsville Unit from his former cell in the Polunsky Unit in Livingston.

Earlier in the day, he visited with family and friends. Jason Clark, a spokesman for the Texas Department of Criminal Justice who visited with him, said he seemed "unemotional."

Freeman's execution was the second of nine scheduled in Texas in the first half of 2016, following the Jan. 20 execution of 43-year-old Richard Masterson.

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Freeman's execution closed a series of events that began in 2007, when a game warden tried to stop Freeman, now 35, for illegally hunting at night.

"Tonight we saw the end of the legal aspect of this case, and the legal closure," said district attorney Kurtz, who witnessed the execution. "But obviously, for the family, there is no closure."

Two weeks ago, the U.S. Supreme Court declined to review Freeman's case, according to federal court records. There were no new developments or potential filings, Don Vernay, one of Freeman's post-sentencing attorneys, said in an email.

A lower court in December declined a motion from Freeman's attorneys seeking additional time. On Monday afternoon, the Texas Board of Pardons and Paroles turned down a commutation request from Freeman in a unanimous 7-0 vote, said Raymond Estrada, the board's director of public information.

Long-awaited

Freeman and his attorneys had argued in his appeals that in 2008 he received inadequate legal counsel.

The then-26-year-old Freeman fled, leading the warden and half a dozen other officers on a circuitous chase on paved and gravel roads through Wharton and Colorado counties, which ended 90 minutes later by a cemetery in his hometown of Lissie, after a Department of Public Safety trooper punctured Freeman's tires with a spike strip.

In a brief firefight that lasted less than a minute, Freeman fired nearly 40 shots from a Glock pistol and an AK-47 at the pursuing law enforcement officers - including Wharton County sheriff's deputies and constables, DPS troopers and game wardens, according to court records.

Two of the shots struck Hurst, who was pronounced dead soon after being flown to Memorial Hermann-Texas Medical Center.

He had been a Texas Parks and Wildlife Department employee for 12 years, five as a game warden, and died on his 34th birthday, leaving behind his wife and 4-month-old son.

Texas Game Warden Col. Craig Hunter, who was among the dozens of law enforcement gathered outside the prison, called Hurst a "consummate professional" and "selfless servant."

"This evening marks a moment that many of us have been waiting for since we first heard of Justin's death," he said.

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Hurst's murder tore through rural Wharton County, home to some 40,000 residents, and which had not been site of a death penalty case in almost 30 years.

In trial, Josh McCown, then-district attorney of Wharton County, and Kelly Siegler, a former Harris County prosecutor acting as special prosecutor, portrayed Freeman as quick-tempered, and jurors heard testimony that Freeman was prone to outbursts of anger, after which he could not remember his actions.

His defense attorney, Stanley Schneider, argued that Freeman had been trying to commit "suicide by cop" and had been depressed following a series of alcohol-related offenses that had caused his driver's license to be suspended for two years.

In court proceedings, Freeman and his attorneys asked that the trial be held in a county other than Wharton, where they said he would be unable to get a fair trial.

He also argued the evidence presented to the jury was not sufficient enough to prove he was a "future danger," one of the thresholds required for a death-penalty sentence.

'Down to our heart'

Hurst is one of 18 game wardens to die on the job since 1895.

Among the dozens of law enforcement officers gathered at the execution was Wharton County Sheriff Jess Howell.

"Justin was a very good friend to everybody, to law enforcement in our community," said Howell, who was sheriff at the time and who was accompanied by five officers from his department.

"When this happened, it's just a tragedy that hurt every one of us down to our heart, it's just unbelievable," he said. At the time, three of his officers were involved in the chase.

Hurst's parents and brother also were among those who were at the prison but did not witness the execution, Clark said.

Freeman's parents, brother and sister-in-law attended the execution but did not address the media.