Texas death row inmate who decapitated his children denied final appeal

BROWNSVILLE, Texas (ValleyCentral) — The Fifth Circuit Court of Appeals has denied John Allen Rubio's certificate of appealability, officially ending his final attempt to challenge the denial of federal habeas relief, the Cameron County District Attorney's Office announced.

Rubio was convicted in 2010 of capital murder for the murder of his infant daughter, Jane Rubio, 2 months and two stepchildren, Julissa Quesada, 3, and John E. Rubio, 1.

A statement provided by the Cameron County District Attorney, Luis V. Saenz, reads, “Once again, a court has ruled against re-convicted child murderer John Allen Rubio. The United States Fifth Circuit Court of Appeals has ruled that Rubio was rightfully convicted of capital murder in 2010 and therefore should be executed for his 'especially harrowing' crime."

Background

In a previous ValleyCentral article, details of the case that occurred on March 11, 2003, reveal that Rubio said he murdered the children because he had believed they were possessed by his dead grandmother, who he believed was a witch.

Rubio's attorneys described him as a drug addict who regularly inhaled spray paint, used crack cocaine and marijuana before the murders. According to the previous ValleyCentral article, Rubio was believed to have received inhalants from his boyfriend.

Court documents revealed that the days leading up to the murders, Rubio and his common-law wife, Angela Camacho, had secluded the family to prepare for the "ultimate good-versus-evil confrontation."

Documents stated, the pair doused their apartment with bleach, nailed the back door shut and Rubio killed the family's pet hamsters.

Rubio told investigators he felt it was necessary to decapitate the children with the assistance of Camacho. Following the murder, they placed the children's heads in plastic bags, had sex and cleaned up the apartment, court documents detailed.

Rubio's brother and Camacho's friend visited the apartment and discovered the murders, immediately left and called the police.

In November 2003, Rubio was found guilty and sentenced to death. In September 2007, Rubio's conviction was overturned by the Texas Court of Criminal Appeals on the basis that out-of-court statements were unconstitutionally used against Rubio during the trial, a previous ValleyCentral article reported.

In the second trial, Rubio pleaded not guilty on the basis that he was not competent to stand trial. However, after examinations and testimonies from medical experts, a Cameron County jury declared Rubio to be competent to stand trial.

In February 2022, a federal court granted a stay on his case, which allowed him to submit a new appeal to a Texas court.

Rubio remains on Texas Death Row. His execution date has not been announced.