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Murder of Charles Marino

On June 4th, 1985, 20-year-old Charles Marino and his brother-in-law, 15-year-old Kenneth Fleming, went to Lincoln City Park in the Houston, Texas area to purchase $1 worth of Marijuana.

17-year-old Gerald Lee Mitchell and another man told them they could sell them some, and they hopped in the back of Marino’s Pontiac Trans Am.

Mitchell directed the men to drive to a house. He went inside the property and grabbed a sawed-off shotgun, which he hid in his pants. Mitchell returned to the car and directed Marino to drive to a dead-end street; once there, Mitchell pulled out the shotgun and tried to force Marino and Fleming into the trunk. They refused, so he made them walk to a vacant home nearby.

Once inside the property, he took $25 and Marino’s car keys. The second man came in and told Mitchell to take the men’s clothes and leave them there.

Mitchell told him to get some rope, but the second man didn’t want to be involved, so he left and never returned.

Mitchell made Marino and Fleming sit on the floor and told them “Raise your hands, white boy, you don’t want to die with your hands down”, and then he shot both of them.

Marino died, but Fleming played dead and survived.

As the shooting took place, Donald Newsome was just outside the home. He heard the gunshots and saw Mitchell exit the property with a shotgun over his shoulder.

Mitchell reportedly told Newsome, “You don’t have to be scared of me, I’m just shooting at some birds.” Then he drove off in the trans am.

That same day, Mitchell approached 18-year-old Hector Manguia and demanded his necklace. When Manguia refused to give it up, he was shot and killed.

Mitchell was arrested in Corpus Christi, Texas a week after the murders. He was in possession of Marino’s car and told officers during questioning, “I shot the two white boys.”

Mitchell gave a written confession but tried to lessen his guilt by claiming the shootings were accidental.

Legal Proceedings

With his confession, a living witness, and a person who saw him leave the vacant home the day of the shooting, Mitchell had no chance of beating the charges against him. He was found guilty of capital murder and several other charges.

During the penalty phase, the prosecution said he committed a burglary days after the murder of Moreno and Mungia. They said he was involved in a savings and loan robbery in January 11985 and the attempted robbery of a Baskin Robbin in 1983. He was also known to carry a gun to school and threaten teachers and students.

He received 60 years for the murder of Manguia, 60 years for the attempted murder of Fleming, and a death sentence for the murder of Marino.

Like most death penalty cases, Mitchell tried to get off death row by pointing to his low IQ, which was reportedly 75 at the time of his crimes. He also blamed his drug use for his violent acts.

He expressed remorse in the lead up to his execution and stated, “I have come so very long a way since the year of that mentally disturbed and unsettled 17-year-young person. I have truly matured.”

His hopes of having his sentence commuted did not come to fruition, and on October 22nd, 2001, he snacked on some Jolly Ranchers as he mentally prepared to die.

Mitchell was marched to the death chamber hours later.

After being strapped to the gurney, he asked Marino’s family for forgiveness in his final moments, saying, “I am sorry for the life I took from you. I ask God for forgiveness, and I ask you for the same. I know it may be hard, but I’m sorry for what I did.”

He then spoke to his family, saying, “It’s alright. I’m going to a better place.”

His body was injected with a lethal combination of durings, and he was pronounced dead at 6:25 pm.