Harold Amos Barnard v. State Texas

On the evening of June 6, 1980, sixteen year old Tuan Nguyen was working the cash register in the 7-11 store managed by his family in Galveston. According to eyewitnesses, at approximately 11:00 p.m., appellant and a female companion walked into the store. Appellant asked Nguyens father, Nguyen Dinh Nguyen, who was also working behind the counter, for a package of Kool cigarettes. Nguyen Dinh Nguyen turned away to get the cigarettes. When he turned around, he saw that appellant had pulled a sawed-off .22 rifle and was pointing it at him. Appellant order Nguyen Dinh Nguyen and Tuan Nguyen to put all the money they had into a bag. As the boy was putting money into a sack, appellants companion told the boy, "Do as he says. He is serious. All of it." As the boy turned around to hand appellant the money sack, appellant raised his gun, aimed it and fatally shot the boy. Witnesses testified that appellant was grinning throughout the whole robbery. After the shooting, appellant pointed his gun at Florentino Gonzales, who had come into the store to buy a soda. Gonzales ducked down and heard appellants companion tell appellant to "get him." Gonzales testified that he ran to the door, managed to get outside and hid behind a car. He saw appellant and his companion walk out of the store and to a car parked on the side street. Gonzales saw appellant get into the car and watched the car head towards Seawall Boulevard and turn right.