BY:  JOLIE MCCULLOUGH

A man convicted in a 2005 double murder over fake drugs was executed Wednesday evening, the first person this year in Texas and the United States.

Christopher Wilkins, 48, was strapped to a gurney in Huntsvilleโ€™s death chamber shortly after 6 p.m. and injected with a lethal dose of pentobarbital, according to the Texas Department of Criminal Justice. He was pronounced dead at 6:29 p.m., 13 minutes after the drug began to flow.

In October 2005, Wilkins shot and killed Willie Freeman and Mike Silva in Fort Worth because Freeman had sold him gravel, claiming it was cocaine, and laughed at him for it, according to Wilkinsโ€™ testimony from his trial. After continuing to do drugs with Freeman for a few weeks afterward, Silva was driving the men to pick up guns when Wilkins shot them both from the backseat, then stole the car.

โ€œIโ€™ve been in the game long enough. We rob each other all the time. Thatโ€™s what we do,โ€ Wilkins said on direct examination. โ€œBut he didnโ€™t have to go ahead and sit there and laugh at me.โ€

The murders came two days after Wilkins admittedly killed another man, Gilbert Vallejo, over an argument about a pay phone, according to transcripts from the trial.

He was convicted and sentenced to death in March 2008 after claiming he was โ€œundecidedโ€ on whether the jury should put him to the needle or in prison for life.

โ€œYou tell the judge, get a rope or not,โ€ he told jurors.

Wilkins declined to give a final statement before his death, according to TDCJ, but he did look at the victimsโ€™ family members through the viewing window and mouth โ€œIโ€™m sorry.โ€ His lawyer, Hilary Sheard, said earlier in the day she was โ€œsaddened and troubledโ€ by courtsโ€™ denials of Wilkinsโ€™ recent appeals.

Wilkinsโ€™ final appeal was rejected by the U.S. Supreme Court Wednesday afternoon. His attorneys were seeking to stop the execution and have courts further review his case, partially because his previous appellate lawyer accepted a job with the Tarrant County District Attorneyโ€™s Office while still representing him.

โ€œThe real issue in the case is that he was represented in a critical stage of the process by an attorney who failed to investigate the case and who had agreed to go to work for the District Attorneyโ€™s office, the same office who put Mr. Wilkins on death row,โ€ Sheard said.

After being sentenced to death, inmates can file a state habeas appeal, the part of the process that focuses on facts outside of the trial, such as newly discovered evidence or claims of incompetent lawyering. It was at this stage that Wilkins was represented by Jack Strickland, a previous employee of the Tarrant County District Attorneyโ€™s Office who returned to the office while still working for Wilkins, according to Wilkinsโ€™ brief.

The appeal was denied, and when Wilkins filed a new petition in the state court system in December, the Texas Court of Criminal Appeals ruled it couldnโ€™t even review the case because the issues should have been raised in the original habeas appeal.

Judge Elsa Alcala, a known critic of the death penalty, said in a dissent that she would delay the execution to review the case because Strickland โ€œwholly failedโ€ Wilkins as an appellate lawyer, and therefore Wilkins never got his fair shot at a habeas appeal.

โ€œItโ€™s not a question of asking for the prison doors to be flung open. Itโ€™s just asking for a round of litigation that has not happened so far,โ€ Sheard said before the final appeal was denied, citing Wilkinsโ€™ possible cognitive deficiencies, which were never fully examined, as one potential issue.

Strickland, now an independent attorney, says the conflict of interest argument is unfounded and that he didnโ€™t enter a binding agreement with the Tarrant County District Attorneyโ€™s Office until after finishing Wilkinsโ€™ case. He said lawyers often switch jobs.

โ€œThe visions between my responsibilities as a prosecutor and as a defense lawyer were very, very strictly and clearly drawn, and Ms. Sheard can make no allegations that were founded in fact as to any sort of questionable behavior on my part,โ€ Strickland said.

Tarrant County Assistant District Attorney Kevin Rousseau, who in 2008 was the lead prosecutor in Wilkinsโ€™ trial, told The Texas Tribune he has no doubts that Wilkins was an all-around โ€œbad guy.โ€

โ€œThis guy was a lifelong criminal,โ€ Rousseau said. โ€œHe was just an outlaw, in the classic sense of the word.โ€

Aside from the three murders in Fort Worth, Wilkins had been in and out of jails and prisons for years and had attempted escape after his arrest in Tarrant County.

Since being sentenced to death row almost nine years ago, Wilkins has attacked staff numerous times, throwing bodily fluids and using homemade weapons on officers, TDCJ spokesman Jason Clark said.

Tarrant County has three other executions scheduled through April, the most of any county. Rousseau said each case has a different appellate length, so sometimes multiple executions can be scheduled closer together. The last execution from Tarrant County was in 2014.

Four other counties have set execution dates for five men. Last year in Texas, seven men were put to death, the fewest in 20 years. The United States saw a 25-year low in executions in 2016.

Tarrant County has executed 39 people, including Wilkins, since the death penalty was reinstated in 1976, the fourth most in the state, according to TDCJ. Harris County has put 126 people to death, the most of any county and more than any state outside of Texas.

Read more at The Texas Tribune.