WHICH CRIMES QUALIFY FOR THE DEATH PENALTY IN TEXAS?

Fort Worth Star-Telegram

 

Which crimes qualify for the death penalty in Texas? When, how it’s decided

By Tiffani Jackson

November 18, 2025 11:00 AM

 

The deaths of Fort Worth rapper G$ Lil Ronnie and his 5-year-old daughter shocked North Texans earlier this year.

 

Police say two men opened fire on Ronnie Sibley at a Forest Hill car wash, killing both him and his little girl.

 

The suspects, 24-year-old Adonis Robinson and 21-year-old Jakobie Russell, are under indictment on capital murder charges.

 

But the Tarrant County Criminal District Attorney’s Office recently announced it will not seek the death penalty in the case.

 

That decision might have people wondering: Which crimes qualify for capital punishment in Texas, and how do prosecutors decide when to pursue it?

 

Here’s what to know.

 

Which crimes qualify for the death penalty in Texas?

 

The death penalty only applies to one crime in Texas: capital murder.

 

According to state law, a murder can be considered “capital” when it involves certain factors, such as:

 

list of 7 items

• Killing a peace officer or firefighter while they’re on duty

• Murdering someone during another serious felony, such as a kidnapping, robbery, or sexual assault

• Murder for hire, or paying someone else to kill

• Killing while escaping from prison or while already serving a life sentence

• Murdering multiple people in the same act or related acts

• Killing a child under the age of 10

• Murdering a judge or justice in retaliation for their work

list end

 

While all capital murders are serious, not every capital murder automatically leads to a death penalty case. Prosecutors have to decide whether to pursue it.

 

How do prosecutors decide whether to pursue the death penalty?

 

That decision is up to each district attorney.

 

In Tarrant County, the office has a special death penalty committee that reviews cases and recommends whether to move forward. The district attorney makes the final call.

 

Even if a case meets the legal definition of capital murder, prosecutors might choose life in prison instead.

 

There are a few reasons for that:

 

list of 4 items

• The strength of the evidence and witness testimony

• The defendant’s age, mental capacity, or background

• The wishes of the victim’s family

• The time, cost, and uncertainty of a lengthy capital trial

list end

 

In the Sibley case, District Attorney Phil Sorrells reviewed the facts and chose to waive the death penalty for Robinson and Russell.

 

If convicted, Robinson and Russell face life in prison without parole instead.

 

What happens if the death penalty is pursued?

 

When prosecutors decide to seek the death penalty, the case becomes even more complex.

 

If a jury finds the defendant guilty of capital murder, they have to decide between two options: death or life without parole.

 

Before recommending death, jurors are asked if they believe the person would still be a threat to others and whether there are any reasons to give them life instead.

 

Every death sentence in Texas is automatically appealed to the Texas Court of Criminal Appeals, which reviews the case for legal errors.

 

Defendants can also appeal in federal court or ask for new testing if new evidence surfaces.

 

How common are death sentences in Texas today?

 

Texas still leads the nation in executions, but the number of new death sentences has dropped in recent years.

 

According to the Death Penalty Information Center, Texas executed eight people in 2024, one of the lowest yearly totals in decades. The number of people on death row is also shrinking.

 

Since 2005, Texas juries have had the option to sentence someone convicted of capital murder to life without parole, and many prosecutors now choose that route instead.

 

While 136 of Texas’ 254 counties have never sent anyone to death row, a few counties — particularly Harris, Dallas, Bexar, and Tarrant — account for most of the state’s death sentences.

 

Can someone sentenced to death avoid execution?

 

Yes. People on death row can appeal their conviction several times through both state and federal courts.

 

They can also ask for DNA testing or try to present new evidence that wasn’t heard in the original trial.

 

Before an execution takes place, the Texas governor can grant a 30-day delay, known as a reprieve, or issue clemency if recommended by the Texas Board of Pardons and Paroles.

 

Those situations are rare, but they do happen.