A Dallas County judge said Randy Halprin, one of the Texas 7, should get a fair trial because the original trial judge made bigoted and racial remarks.
On Christmas Eve , 2000, Irving Officer Aubrey Hawkin was ambushed by 7 escaped inmates at the former Oshman’s Sporting Goods store at Beltline/SH 183.
Toby Shook was the lead prosecutor in the case when the inmates were eventually captured and put on trial.
”When Officer Hawkins drove up, they surrounded the car and started shooting 30 shots into the car. Hawkins was shot 13 times and evidence shows five guns were used,” said Shook.
One of the suspects died by suicide before he was captured. The six others were convicted and sentenced to death, including Randy Halprin.
Irving Police Chief Jeff Spivey was the lead detective on the case.
The evidence isn’t being disputed but Halprin, who is Jewish, asked for a new trial, claiming the trial Judge Vince Cunningham was anti-Semitic and was known to use racial slurs. After reviewing the evidence, Dallas County District Judge Lela Mays agreed.
In her findings, Mays said, “In light of the evidence, this court finds both Judge Cunningham harbored actual, subjective bias against Halprin because Halprin is a Jew.”
She recommended Halprin receive a new trial.
"This ruling and the findings are not about the evidence, it’s about the due process of he client if you have a judge sitting there is evidence of a biased agenda towards a defendant or group,” said Shook.
It will be up to the Court of Criminal Appeals to decide if Halprin will get another trial or eventually be executed.