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Jamaal Howard

b: 1980

Jamaal Howard

Summary

Name:

Jamaal Howard

Years Active:

2000

Birth:

February 08, 1980

Status:

Awaiting Execution

Class:

Murderer

Victims:

1

Method:

Shooting

Nationality:

USA
Jamaal Howard

b: 1980

Jamaal Howard

Summary: Murderer

Name:

Jamaal Howard

Status:

Awaiting Execution

Victims:

1

Method:

Shooting

Nationality:

USA

Birth:

February 08, 1980

Years Active:

2000

Date Convicted:

April 20, 2001

“Do you have any more money in here?”


Jamaal Howard

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Bio

Jamaal Howard was born on February 8, 1980, and was a native of Hardin County, Texas, where he worked as a laborer. He had no prior prison record before the events of May 12, 2000.

Murder Story

On May 12, 2000, Jamaal Howard robbed a Chevron convenience store in Silsbee, Texas. The victim, Vicki Lee Swartout, was a 42-year-old clerk. TDCJ’s official summary states that Howard shot the clerk once in the chest during the robbery and took $114 from the cash register.

The Texas Court of Criminal Appeals later summarized the events leading up to the shooting. The night before the murder, Howard stole a gun from his grandfather and hid it. His family tried to persuade him to turn over the gun, but he refused. The next morning, he retrieved the gun and walked several blocks from his house to the Chevron store.

Before entering the store, Howard looked through the windows. He then went inside, entered the secured office area where Swartout was sitting, cocked the gun, and shot her in the chest. After shooting her, he took $114 from the register and also reached over the dying victim to take a carton of cigarettes before leaving. The crime was recorded on store surveillance video.

Howard initially denied committing the crime. According to the Texas Court of Criminal Appeals, he denied involvement until he was told the offense had been recorded on video. The court also stated that he told the officer who took his statement that he was not sorry for committing the offense.

A Hardin County grand jury indicted Howard on June 13, 2000, for the capital murder of Vicki Swartout during the course of robbery. His trial later took place in the 356th District Court of Hardin County, Texas. Evidence in the capital murder trial began on April 9, 2001.

The trial was interrupted after defense testimony raised questions about Howard’s competency. A competency trial began on April 11, 2001, but that jury deadlocked. A second competency trial began on April 16, 2001, and ended with a jury finding Howard competent to proceed. The capital murder trial resumed on April 18, 2001.

On April 20, 2001, the jury convicted Howard of capital murder. After the punishment phase, the jury answered the Texas capital-sentencing special issues in a way that required a death sentence. The trial court sentenced Howard to death on April 25, 2001, and TDCJ records list him as received on death row on April 26, 2001.

Howard’s direct appeal was automatic. On October 13, 2004, the Texas Court of Criminal Appeals affirmed his conviction and death sentence. The court rejected his claims, including challenges involving future dangerousness, mitigation review, and intellectual disability. Rehearing was denied on January 26, 2005, and the United States Supreme Court later denied review.

Howard then pursued state and federal habeas relief. His state habeas application was denied by the Texas Court of Criminal Appeals on December 12, 2012. He filed a federal habeas petition on December 13, 2013. On September 20, 2019, the federal district court denied habeas relief and dismissed the case with prejudice.

On May 11, 2020, the United States Court of Appeals for the Fifth Circuit denied Howard’s request for a certificate of appealability. The court summarized his habeas claims as involving ineffective assistance of counsel, mental illness, competency, and whether his Miranda waiver was knowing and intelligent. The Fifth Circuit held that reasonable jurists would not dispute the denial of relief.

As of the current TDCJ scheduled-executions page, Jamaal Howard is listed for execution on October 7, 2026. Death Penalty Information Center’s upcoming-executions page also lists Jamaal Howard for that date in Texas.

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