Murderpedia has thousands of hours of work behind it. To keep creating
new content, we kindly appreciate any donation you can give to help
the Murderpedia project stay alive. We have many
plans and enthusiasm
to keep expanding and making Murderpedia a better site, but we really
need your help for this. Thank you very much in advance.
Anthony Cardell
HAYNES
Classification: Murderer
Characteristics: To
avoid arrest
Number of victims: 1
Date of murders:
May 22,
1998
Date of arrest: 2 days after
Date of birth: January 22,
1979
Victim profile: Kent
Kincaid, 40
(off-duty Houston police officer)
Method of murder:
Shooting
Location: Harris County, Texas, USA
Status: Sentenced to death on November 3, 1999
The
United States Court of Appeals For the Fifth Circuit
On
05/22/98, in Houston, Texas, Haynes and one co-defendant shot
and killed a Houston police officer.
Co-defendants
Turner, Michael
Race and Gender
of Victim
White
male
The facts
The district court set forth the relevant facts as
follows:
At around 10:30 p.m. on May 22, 1998, off-duty
Houston Police Department Officer Kent
Kincaid and his wife left their home in a
private vehicle on their way to meet some friends at a sports
bar. As they drove past a truck driven by Haynes, something
hit an cracked the Kincaid[s’] windshield.
Officer Kincaid thought someone threw a
rock at his car; Haynes had actually fired a shot at them.
Officer Kincaid turned his car around and
followed Haynes’ vehicle until the two
pulled along side each other.
Officer Kincaid exited his vehicle, approached
Haynes whore mained sitting in his truck,
and said “You hit my window.”
Haynes replied, “I accidentally threw something
at your window.”
Officer Kincaid said, “I am a police officer.
Let's talk about it.” After asking for
Haynes’ license, [O]fficer Kincaid reached towards his
back pocket, presumably to retrieve his police
identification. Haynes lifted up a pistol,
shot [O]fficer Kincaid in the head, and fled the
scene. Officer Kincaid died a few hours later.
The police soon arrested Haynes. Haynes
confessed to [O]fficer Kincaid's murder.
The State of Texas charged Haynes with the
capital murder of a peace officer who was “acting in the lawful
discharge of an official duty[.]” Tex. Penal Code §
19.03(a) (1). A jury convicted Haynes of capital murder. After a separate punishment
hearing, the jury answered Texas’s special issues in a manner
requiring the imposition of a death sentence. Haynes
unsuccessfully sought state appellate and
habeas relief from his conviction and sentence.
Convicted
Houston cop killer wins new trial
Myssnews.com
March 11,
2009
HOUSTON (AP) — A federal
appeals court is ordering a Texas death row inmate convicted of
killing an off-duty Houston police officer be released or retried
because a prospective juror improperly was excluded from his trial
because of race.
Anthony Cardell Haynes,
30, was condemned for the 1998 fatal shooting of police Sgt. Kent
Kincaid.
In his appeal to the 5th
U.S. Circuit Court of Appeals, Haynes, who is black, contended
state District Court Judge Jim Wallace improperly allowed Harris
County prosecutors to exclude two black people from consideration
as jurors. The ruling violated Haynes' right to a jury process
free from racial discrimination, his attorneys argued.
The U.S. Supreme Court in
1986 found it unconstitutional to dismiss a juror because of race.
Prosecutors contended the
jurors were stricken because of their demeanor, but the appeals
court said Wallace, who upheld the juror removals, wasn't even
present during the individual questioning of jurors.
In a ruling posted late
Tuesday, the New Orleans-based court ordered a federal district
judge to return Haynes' case to the trial court for a new trial or
release him within six months.
The jury that convicted
and then condemned Haynes included one black person. Of six
potential black jurors interviewed during the selection process,
four were stricken by prosecutors. One was eliminated by Haynes'
lawyers.
A second judge was
presiding during the individual questioning. Wallace was on the
bench while the jury pool was questioned as a group. There was no
explanation for Wallace's absence during the individual
questioning.
Haynes was arrested two
days after Kincaid's death.
The 40-year-old officer
was off duty, riding with his wife, when the windshield of their
car was hit by what authorities later determined was a .25-caliber
bullet fired from a passing truck. Kincaid followed the truck and
pulled up alongside in northwest Harris County.
When he got out and said
he was an officer and reached behind to get out his identification,
he was shot in the head. Kincaid, a 13-year officer, was not armed
at the time of the shooting.
