The execution was carried out after the US Supreme Court turned down a request by Ochoa's attorneys to halt it. They wanted a review of whether his rights were violated because he initially wasn't allowed to film a prison interview with his legal team for his state clemency petition.
A Texas appeals court this week turned down a different request for a stay on claims that there were problems with paperwork related to Ochoa's death warrant. The Texas Board of Pardons and Paroles also turned down a clemency petition.
Ochoa's attorneys said in court documents that his death sentence should be commuted to a life sentence because of "his deep and sincere remorse."
Ochoa's trial attorneys had described him as a hard-working, law-abiding citizen whose life unravelled amid a 2½-year addiction to crack.
Ochoa spent up to US$300 a week on cocaine and took out loans to support his drug habit. At one point, he underwent treatment at a drug rehabilitation centre, but then continued to use cocaine, according to court documents.
Ochoa had gone 10 days without using cocaine leading up to the shootings. Desperate for the drug, he persuaded his wife to take him to buy crack. After returning home, he smoked the drug in his backyard.
"While I was lying on the bed my body started wanting more crack. I knew if I asked my wife for more money to buy some more crack she wouldn't let me have it," Ochoa said in his confession to police. Ochoa told police he grabbed his 9mm handgun, walked into the living room and started shooting until he ran out of bullets.
He then went and got more ammunition and returned to the living room, where his 7-year-old daughter was still alive, he said.
"Crystal saw me with the gun and she started running away. I chased after her and I shot her," Ochoa said. Police later arrested him at a shopping center after he tried to get money from an ATM.
At trial, Ochoa's attorneys argued that he shot his family in a cocaine-induced delirium and had brain damage from drug abuse. Ochoa testified that he didn't remember shooting his family. Howard Blackmon, one of the Dallas County prosecutors who tried the case, said he argued that Ochoa killed his family in frustration and anger.
"It's just a horrendous set of circumstances for a parent just to murder, gun down their own children," said Blackmon, who is now a criminal defense lawyer in Dallas. Alma Alvizo testified that Ochoa had become aggressive toward his wife after learning she had a son from a previous relationship.
Alvizo said her sister told her Ochoa had pointed a gun at her three weeks before the killings.
- AP
