Death In Texas: Heliberto Chi Scheduled For Execution

October 1, 2007 -- AUSTIN – Texas Attorney General Greg Abbott offers the following information about Heliberto Chi, who is scheduled to be executed after 6 p.m. Wednesday, October 3, 2007, for the robbery-murder of the manager of a men’s clothing store in Arlington.

FACTS OF THE CRIME

Article continues below...

Heliberto Chi was convicted and sentenced to die in Texas state court for the aggravated robbery and murder of Armand Paliotta, the manager of K&G Men’s Store in Arlington, Texas. The evidence presented at trial is as follows.

Around 8 p.m. on March 24, 2001, Heliberto Chi knocked on the door of the K&G Men’s store in Arlington and a employee unlocked the door and allowed Chi, a former employee, to enter, after he explained that he had left his wallet in the store after a visit to the store earlier in the day. The store had closed at 7 p.m., with manager Armand Paliotta and two other employees remaining to attend to closing duties, including preparing the day’s receipts for deposit.

After going to search for his wallet, Chi returned to the front door and pulled out a gun and told the employees who were at the entrance to get back inside.

As they were walking, Paliotta pushed Chi and began running to the front of the store. Chi ran after him and then stopped and fired at him. When Chi turned around, store employees Adrian Riojas and Gloria Mendoza began running. Riojas ran into the warehouse, pursued by Chi. Riojas quickly found himself trapped by various locked doors. When he saw Chi approaching with his gun drawn, he began to run in a different direction. Chi shot Riojas in the back as Riojas was running from him

Paliotta died from a gunshot wound to the back. Riojas survived.

PROCEDURAL HISTORY

On June 26, 2001, Chi was indicted for the capital murder of Armand. On Nov. 7, 2002, a jury found him guilty of capital murder. On November 14, 2002, after a separate punishment hearing, the court assessed Chi’s punishment at death. The Texas Court of Criminal Appeals affirmed Chi’s conviction and sentence. The U.S. Supreme Court denied Chi’s petition for writ of certiorari on November 15, 2004.

Chi filed a state application for writ of habeas corpus in the trial court on July 9, 2004. The trial court entered findings of fact and conclusions of law recommending that Chi be denied relief on February 28, 2005. On April 27, 2005, the Texas Court of Criminal Appeals adopted the trial court’s findings and conclusions and denied Chi habeas relief.

On April 27, 2006, Chi filed a federal habeas petition in a Fort Worth federal district court. On June 21, 2006, the district court denied Chi habeas relief. Chi then sought permission to appeal from the 5th U.S. Circuit Court of Appeals. On March 30, 2007, the appellate court denied Chi permission to appeal. On June 28, 2007, Chi petitioned the U.S. Supreme Court for certiorari review. The petition is currently pending before the Court.

PRIOR CRIMINAL HISTORY AND
EVIDENCE OF FUTURE DANGEROUSNESS

The State presented the following evidence of Chi’s criminal history and future dangerousness.

On March 2, 2001, Chi was involved in the robbery of a convenience store. Chi and an accomplice robbed the clerk at gunpoint, tied and gagged her, and stole approximately eight thousand dollars in cash and checks.

In June of 1998, Chi stole a laptop computer from Nations Bank in downtown Dallas. He was able to steal the laptop because he worked for a courier service at the time and was given an access card to the bank work area. Chi confessed to the offense.

While employed as a sheetrock worker, Chi altered the amount of the checks from his employer. He changed one check amount from $100 to $700 and another from $130 to $930. Chi told the employer his name was “Jose Garcia” and simply laughed when his employer fired him.

Chi was previously arrested and is wanted for grand theft auto in Florida.

On September 20, 1997, Chi was scaling the fence of an apartment complex when Melvin Williams, a security officer armed with a shotgun, told him to stop and identify himself. Chi did not stop and began cursing at the officer. When Chi got to a certain apartment, he stopped in the doorway, spit in Williams’ face, and slammed the door.

Chi previously dated Erica Sierra, who contacted police about Chi’s involvement in killing Armand Paliotta. Sierra testified that Chi was abusive and physically hit her. He would slap her, grab her by the throat, and hit her where he would not leave visible bruises. On one occasion, she tried to leave him and called her father. But Chi returned, pulled the phone out of the wall, threw Erica against the wall, and slammed her head into the wall. Chi also once bought Erica a piano. However, he got mad, tore up the piano, and threw the parts at her. Further, while Erica and Chi were on their way to California after the instant offense, Chi stated that he would pay anyone to kill Gloria Mendoza because she had seen him shoot Paliotta and Riojas. Additionally, Chi once described an incident where he fired a pistol at a man because he did not like the way the man was staring at him. Sierra also did not think Chi was sad about murdering Paliotta.

The State presented the following evidence of Chi’s behavior while in pre-trial and trial detention:

(a) On September 21, 2002, Chi approached a detention officer and gave him a sealed envelope. The officer told Chi that the envelope had to be unsealed, and Chi responded by threatening Weldegebrill with violence.

(b) On November 4, 2001, a detention officer for the Tarrant County Sheriff’s Department, saw that Chi was talking to other inmates, which was not allowed. She got his attention, and then Chi began taking off his uniform shirt and armband, which was also not permitted. When De La Cruz told Chi to show her his armband, he refused, became argumentative, and cursed at her. De La Cruz ordered Chi to go to his cell and shut the door. He refused to shut it and made an obscene gesture.

(c) On August 19, 2002, a pod officer for the Tarrant County Sheriff’s Department, noticed a disturbance in the pod area. Chi and an inmate named Ballfield were arguing about what to watch on TV. During the altercation, Chi repeatedly cursed at Ballfield.

(d) On August 21, 2001, another jailer, was supervising Chi when he saw Chi striking an inmate in the face with a closed fist. The inmate tried to cover up his face and did not hit back. When Carrigan commanded Chi to stop, Chi cursed, disregarded Carrigan’s command, and continued to throw punches. Carrigan commanded Chi to stop a second time, but Chi did not obey his order.

(e) Alonso Enriquez testified that he became acquainted with Chi when they were locked up together in the county jail. Chi told Enriquez about killing Paliotta. Chi said he was with another man who stayed in the car. Chi left his wallet in the car and went into the store telling the man, Paliotta, he left his wallet in store. Chi said a “stupid man” opened the door. Chi asked Paliotta for money and shot him. Chi stated he had to shoot Paliotta because he ran and the girl managed to get away. Chi then demeaned Riojas because Riojas was crying when Chi shot him. Chi also said he did not feel anything about the shootings. Further, according to Enriquez, Chi threatened to harm Erica Sierra with violence because she turned him in to the police. About the case against him, Chi said he was going to “walk.” But even if he got convicted, he was going to get out some way or another, probably by escaping. Chi also mentioned that he was going to violently harm a former girlfriend. Enriquez contacted the prosecutors in the case because Chi had made a threat against them.

(f) A criminal district court bailiff, testified that he has worked with thousands of inmates. In his opinion, Chi is a dangerous individual. In fact, he got into a scuffle with Chi trying to put restraints on him. The baliff said that he has never had to lay his hands upon any inmate other than this one time.

Finally, the State presented evidence demonstrating that Chi has been in the United States illegally since 1995

For additional information and statistics, please go to the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.

Source: Texas Attorney General