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Truett Street murderer’s death sentence appeal rejected
Staff report
The Texas Court of Criminal Appeals on Wednesday rejected Raul Cortez’s second challenge to his death sentence for his part in the Truett Street quadruple murder in 2004, according to the Collin County District Attorney's office.
The trial testimony showed that Raul murdered 17-year-old Austin York on March 12, 2004 after York and two friends, Mark Barbosa and Matt Self, interrupted Raul and two other men burglarizing the home of Mark's aunt, Rosa Barbosa, on Truett Street in McKinney.
Self, York, and Mark and Rosa Barbosa were all murdered during the burglary.
In further testimony, Williams said he knocked on Rosa's door the night of the murder and when she answered, asked if she had seen his missing puppy. Just a few moments later, Raul and his brother, Javier, entered wearing ski masks and rubber gloves and pushed Rosa to the ground. They fastened a pair of metal handcuffs around Rosa's wrists and took her into her bedroom.
Javier began closing all the blinds and curtains. Raul took off the handcuffs and wrapped her hands and head in duct tape, then pushed her on the bed so hard that she "bounced off the bed and hit the floor," Williams said.
Self, York and Mark later arrived at the home and as they walked in the front door, Williams said Raul opened fire. Javier screamed that Barbosa was going for one of his guns in his room and another person, believed either to be York or Self, ran out the front door before Raul caught and dragged him back inside Rosa's home. Williams said Raul handed him a .25 caliber pistol and ordered him to shoot Self and York.
"I shot Mark once and the other one [Austin] twice, one in the head and the shoulder," Williams said. "Raul shot the other one [Matthew]."
Raul's current challenge to his conviction consisted chiefly of claims that his trial lawyers were ineffective. The trial court heard testimony from Raul's three trial lawyers and other witnesses in a three-day hearing in April 2012. After the hearing, the trial court considered other filings from the parties and recommended the claims be denied. The court adopted that recommendation Wednesday.
A prior appeal of the conviction was rejected in 2011.
Danny Gallagher contributed to this report
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