Daniel Juan Revilla
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Daniel Juan Revilla, a 34-year-old white male, was executed by lethal injection at Oklahoma State Penitentiary in McAlester, Oklahoma on January 16, 2003. Revilla was found guilty of the 1987 murder of Mark Gomez, a 13-month-old white male. Revilla, who was 18-years old when he committed the capital crime, was sentenced to death on December 4, 1987.
On January 26, 1987, Revilla took his girlfriend, Michelle McElmurry, to the Jackson County Health Department for a checkup. Michelle's son, Mark Gomez, was left alone at the Altus, Oklahoma house shared by Revilla and McElmurry. Approximately 40 minutes later Revilla ran through the lobby of the county hospital carrying Gomez in his arms yelling that he had swallowed his tongue and was not breathing. Subsequent attempts by hospital medical personnel were unsuccessful in reviving the unconscious infant.
Hospital personnel noticed numerous wounds and injuries to Gomez's body including bruises on his back, blisters on his chest, peeling skin on his chest and groin area, burns on his thighs and ear, and lacerations on his thighs and arms. The autopsy report showed a swelling and bleeding of the brain and the complete severance of the liver.
When confronted Revilla denied causing Gomez's death and explained that when he returned home from dropping Michelle off at the clinic, he saw Gomez lying on the floor. Gomez was pale and appeared not to be breathing. Revilla attempted to revive Gomez by striking him in the abdomen. When Gomez gasped for air Revilla struck him again. Unable to start him breathing Revilla stated that he began to panic, grabbed Gomez, pulled his clothes off, rushed him into the bathroom, placed him in the tub, and leaned over to turn on the cold water but accidentally turned on the hot water, scalding the infant.
Turning the water off Revilla wrapped Gomez in a blanket and in his rush out of the bathroom, struck the infant's head on the door frame and on exiting the house, tripped and fell on top of Gomez onto a concrete cellar. Revilla then claimed that he got up and rushed Gomez to the hospital.
At trial there was testimony that Revilla had once tried to fold Gomez up in a hide-a-bed couch; that he once put him in a kitchen drawer and closed the drawer; and that he taunted Gomez by not letting him go to his mother, go to sleep, or play with his toys.
Evidence also showed that Gomez was afraid of Revilla and would cry and refuse to leave with him; that Revilla had said that he hated Gomez because he was not his child; that Revilla had slapped Gomez and thrown him on the floor; that on one occasion Revilla wrapped duct tape around Gomez's shoulders, threw him in a bathtub of cold water then hung him up by his heels; and on another occasion that Revilla wrapped his belt around Gomez and squeezed him.
A Jackson County District Court jury found Revilla, who had no prior criminal record, guilty of first-degree child abuse murder and recommended death as punishment. The judge formally imposed the death penalty on Revilla in absentia as he escaped from county jail shortly after trial. Captured in Acupulco, Mexico, Revilla was extradited back to the United States. On the day of execution the Supreme Court of the United States denied a stay.
[edit] References
- Michelangelo Delfino and Mary E. Day, Death Penalty USA 2005 -2006, (2008), 276-280.
- Revilla v. Gibson (2002) 283 F.3d 1203.
- Revilla v. Oklahoma (2003) 123 S.Ct. 963.
