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Khristian Oliver executed


Contributing writer

Thursday, November 05, 2009

For the first time since 1928, a man sentenced to death in Nacgodoches County has been executed.

Khristian Oliver, 32, was pronounced dead at 6:18 p.m. Thursday in Huntsville. He was convicted in 1999 of the brutal murder of Joe Preston Collins Sr. The case gained national attention after it was reported that jurors may have referenced Bible verses during deliberation.

In his last statement, Oliver said to the Collins' family that he knew they would not get the closure they were looking for, but that he wished them the best. He said, "I prayed for y'all every day and every night. I have only the warmest wishes. I am sorry for what you are having to go through."

To his own family, he said that he loved them and thanked his spiritual advisor, Wayne Whiteside.

He then began quoting Psalm 23 with his voice trailing off as he said "my cup over runneth," as the drugs took effect. His family cried softly as they stood in a small room looking through the glass at their son strapped to a gurney.

Joe Collins Jr. said in a press conference after the execution that he thought Oliver's last statement was more for self-healing than for the Collins family.

"He didn't admit to much'" Joe said. "He wanted us to feel better and have some closure, but it's kind of hard."

As for the actual execution, Joe said it was not difficult.

"Wasn't nothing difficult," Joe said about the execution. "I looked at him. I didn't see no real remorse in his eyes."

"Everything was good," Gary Collins said, describing his father. "A lot of good times (to remember).

"For 11 years he's been alive and doing things. For 11 years, I've been without a dad."

Gary and Joe Collins stated none of their family ever approached the district attorney or the Oliver family to seek a lesser sentence. They said they always wanted the death penalty. They said they have not had or wanted any contact with the Olivers.

"Justice was served," Gary said. "I feel a lot better. We can move on."

"There is not full closure," Joe said, referring to the three people with Oliver the night of the murder, "but it's better than what it was."

Collins was found dead in his yard on March 18, 1998, by his neighbor. According to court testimony, Oliver, then 20, and Lonny Rubalcaba were searching inside Collins' home off Camp Tonkawa Road the previous night looking for things to steal when Collins came home and surprised them. Collins shot Lonny, hitting him in the leg. Lonny testified that Oliver fled the room and he heard several more gunshots before Oliver returned. Oliver's girlfriend, Sonya Reed, and Benardo (Benny) Rubalcaba, Lonny's brother, were waiting in a vehicle parked on the side of the road. Benny testified that as he ran toward the home, he saw his brother on the ground and Oliver beating Collins with the butt of a rifle.

Both Rubalcaba boys took plea agreements with Lonny serving 10 years and Benny serving 5. Reed went to trial and is currently serving a 99 year sentence.

Dr. James Bruce, a Lufkin pathologist, said during the trial that any one of the gunshot wounds or the blunt trama could have caused Collins' death, according to previous Daily Sentinel articles.

The U.S. Supreme Court declined to review the case or to give him a stay of execution after a last minute petition just before 5 p.m. today filed by Oliver's defense lawyer, David Dow.

Texas Gov. Rick Perry did not intercede.

Oliver's execution was witnessed his parents, Kermit and Katie Oliver, of Waco, as well as his sister and brother-in-law, Kristy and Tony Pullings, his brother, Khristopher Oliver, and spiritual advisor, Wayne Whiteside.

The victim's children were in attendance, including sons Joe Preston Collins Jr., Gary Allen Collins, Alton Ray Collins, and his daughter, Elsie Faye Walker. One son, Alvin Lee Collins, was not present.

Nacogdoches County Sheriff Thomas Kerss and District Attorney Nicole LoStracco were present to support the family but did not witness the execution.

In 1928, Tom Ross, 35, was the 56th person executed by electrocution in Texas, according to the Texas Department of Criminal Justice Web site. He was convicted of murder in Nacogdoches. Edward Hagans was also sentenced to death but his sentence was commuted to life in prison in November of 1973 after the U. S. Supreme Court ruled the year before that capital punishment was "cruel and unusual" punishment.

Lethal injection consists of three injections. The first is sodium thiopental, a sedative. Second is pancuronium bromide, a muscle relaxant that collapses the diaphragm and lungs. Finally, potassium chloride is used to stop the heart. The cost of the drugs used for an execution is $86.08.

Oliver's death by lethal injection was the 20th this year in Texas, according to the Associated Press.

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Christy Wooten is a former photographer for The Daily Sentinel.

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