SC upheld Death sentence in Houston Murder

[mammastalkin]

Death sentence upheld in Houston fast-food slaying



Chronicle News Services

June 22, 2009, The U.S. Supreme Court has upheld the conviction and death sentence of a Houston man condemned for the fatal shooting of a borderline mentally impaired fast-food worker during a botched robbery.


Gerald “Tank” Marshall was sent to death row for gunning down Christopher Dean six years ago. Testimony showed the 38-year-old Dean, working the overnight shift at a Houston Whataburger, was shot in the head when he was unable to quickly comply with Marshall’s demands to open the restaurant safe.
Evidence showed Marshall, now 26, climbed through the drive-through window of the Whataburger near West 18th and West Loop 610 North on May 11, 2003, and demanded keys to the safe. Marshall shot Dean when he said he didn't have the keys.
Prosecutors said Marshall had expected to find manager Gregory Love inside — Marshall had known Love from a previous restaurant job — but Love had left Dean in charge. Love also was convicted of capital murder and sentenced to life in prison.
Dean, who was 38, had worked for Whataburger for more than 13 years. He loved his job so much that we has buried in his uniform.
Marshall does not have an execution date.

http://www.chron.com/disp/story.mpl/front/6491615.html