John Rubio has been given an execution date in Texas for November 12, 2026. He was convicted for the 2003 murders of Julissa Quesada, John E. Rubio and Mary Jane Rubio.
Rubio was resentenced to death following his 2010 retrial. Throughout the years, he has raised appeals about adequacy of his legal defense and mental-health history.
Rubio has argued that important aspects of his mental health history and circumstances that lead up to the crime were not properly considered. The day prior to the crime, Rubio reportedly experienced bizarre and paranoid behavior. Court documents confirmed this, added that he has substance abuse issues and expressed his delusions and beliefs involving spiritual and demonic forces to others.
During legal proceedings, Rubio’s attorneys were seeking a new punishment phase after arguing that the jurors were not adequately presented with the evidence of his mother’s substance abuse that stunted Rubio’s mental development. Rubio’s mother testified that she did consume alcohol while pregnant with Rubio – a six pack of beer daily. This fact does not excuse Rubio’s crime, but provides an explanation for the behavior. Rubio has been diagnosed with Fetal Alcohol Spectrum Disorder and developmental difficulties as a result.
Despite knowing all of this, the court rejected his claims. Texas courts have not properly considered the possibility of an explanation of Rubio’s crime and denied him the chance of a proper trial with all of the relevant information available.