A Houston man who was previously sentenced to death for the killing of a Sunnyside couple in 1990 has been resentenced to death by a Harris County Jury, announced District Attorney Kim Ogg.
Daryl Wheatfall, who is 57 years old, was originally sentenced to death in 1991 for the murder of 62-year-old James Fitzgerald and his 67-year-old wife, L.B. The couple was killed inside their home over a dispute involving $50. The brutal double murder was investigated by the Houston Police Department.
The couple’s teenage son was also shot during the incident but survived, eventually testifying against Wheatfall in the retrial. Wheatfall’s guilt was not in question during the retrial. Instead, the jury was tasked with considering his punishment after he was granted a retrial due to flawed jury instructions in his first trial.
The retrial lasted for four weeks, with individual jury selection taking up two weeks and another four weeks of testimony and deliberation. The prosecution was handled by Assistant District Attorneys Janna Oswald and Sarah Seeley, both Division Chiefs, Brett Batchelor, a chief in the DA’s trial bureau, and Savana Hooper.
After being resentenced to death, Oswald expressed gratitude towards the jury for their attentiveness and diligence in the case, acknowledging that their decision was not taken lightly. She emphasized the importance of ensuring that Wheatfall be sent back to death row due to his continued dangerousness.
“He is a danger and a continued threat, not just to the prison population, but to the community at large,” Oswald said. Wheatfall’s history of violent acts, including stabbing a prison guard, was cited as evidence of his ongoing threat to society.
The jury had two options when it came to sentencing Wheatfall: either to sentence him to death or grant him a life sentence. Due to the law at the time of the slaying, Wheatfall would have automatically been eligible for parole if sentenced to life.
Ogg expressed her condolences to the remaining and living family members of the Fitzgerald family, recognizing the emotional toll these cases take on everyone involved. She also highlighted the jury’s decision to resend Wheatfall to death row, citing his history of violence and the risk he posed, even at his current age.
The image of the devastating crime scene, the testimonies of the surviving son and the deliberation by the jurors painted a vivid picture of the gravity of the situation. The decision to send Wheatfall back to death row marks the end of a long and emotionally challenging legal process for all those involved.
The case emphasizes the commitment of the criminal justice system to hold offenders accountable for their actions and ensure the safety of the community. The sentencing of Daryl Wheatfall reaffirms the consequences of violent crimes and the responsibility of the legal system to address them effectively.
