Despite his palm prints being on the bag holding the weapon, and police initially considering Flaco the shooter in the drive-by shooting, Flaco was eventually released from custody.

Yet lacking a single shred of physical evidence, the State relied entirely on contradictory statements made by Flaco and his close friends, on August 1, 1996, Tony Medina was sentenced to death.

THE INJUSTICE: AN OVERVIEW

Every defendant in the United States has the right to a fair trial. Unfortunately, innocent people are convicted because the system is broken—and Tony Medina is one of them.

Tony has spent over 28 years on Texas Death Row for two murders he did not commit. Because he was denied a fair trial, he was stripped of the most basic, vital rule of law in our criminal justice system.

(THE CRIME & ARREST)

WHAT HAPPENED?

In the early morning hours of January 1, 1996, a tragic drive-by shooting in Houston ended the lives of 9-year old David Rodriguez and his 15-year old sister, Diane Rodriguez.

• The Scene: The shooting happened on a dark residential street. When gunshots rang out, everyone at the scene immediately ducked, or ran for cover. As a result, no one at the scene could identify, or even describe the shooter to police.

• The Suspect Vehicle: Witnesses told police that they had seen two males riding in the car from which the gun shots originated.

• The Motive: The victims' family believed the shooting was retaliation, carried out by a street gang called "La Raza" (LRZ), for a prior murder.

• The Arrest: Following two anonymous phone calls, police arrested Tony Medina on January 5th.

THE TRUTH vs. THE PROSECUTION'S CASE

Tony has maintained his innocence from day one. When questioned by police after his arrest, Tony admitted being at the LRZ party, hosted by one of his friends. Tony confirmed that other individuals left the party with the murder weapon shortly before the shooting, but insisted he did not know who committed the shooting. One of the men who left the party was a gang member known as "Flaco".

The state's case completely falls apart when you look at the physical evidence versus the narrative used to convict Tony:

1. The Real Suspect's Admission:

• Tony’s Account: Tony told police that he did not leave the LRZ party until shortly after 3am, a half-hour after the shooting had already taken place. A fact that other witness statements confirmed.

  The next day, Flaco explicitly told Tony that he had "messed up" but had "taken care of" the gun—a seemingly clear admission to the drive-by shooting.

3. The Physical Evidence Points to Flaco—Not Tony:

The Smoking Gun: Shortly before Tony’s trial began, an anonymous tip led police to the buried murder weapon. The weapon, a gun, was found wrapped in a plastic bag, and buried under approximately six inches of dirt and leaves.

• Tony Medina: There is zero forensic, ballistic, or DNA evidence linking Tony to the murders or the weapon.

• Flaco: While there were no prints on the gun itself, and Flaco’s claims to the police that he did not know what happened to the weapon, Flaco’s palm prints were identified as a perfect match on the plastic bags that the weapon was wrapped and buried in.

2. Flaco's Deal and Shifting Story:

• On January 10, police issued a memo identifying Flaco as the primary suspect in the January 1 drive-by shooting. Flaco was arrested later that day after a brief pursuit while officers were attempting to apprehend him for an unrelated aggravated robbery.

• Under interrogation for the shooting, Flaco continuously changed his story to protect himself. In the end, he claimed that he and six other people were in the car at the time of the shooting, and pointed toward Tony as being the guilty party.

• Flaco also claimed that he had no idea what had happened to the murder weapon after that night.

THE OUTCOME

Be a light in the darkness. Whether you are someone with the skills to help Tony’s case, or a person who wants to offer a kind word of support, your connection is a lifeline. Reach out today and let Tony know he isn't alone.