Texarkana Gazette

Appellate court upholds conviction in capital murder

Andrew Hamilton, 21, found guilty of killing his uncle, 61

- By Lynn LaRowe

TEXARKANA, Texas — A Texas appellate court has affirmed the capital murder conviction of a man found guilty by a Bowie County jury earlier this year of shooting his uncle.

Andrew Deiontray Hamilton,

21, took the life of 61-yearold Winfred Hamilton on the evening of Sept. 14, 2017, at a house in Wake Village, Texas. The house was owned by Roland Hamilton.

Roland Hamilton and Winfred Hamilton are Andrew Hamilton’s uncles and the men often let Andrew Hamilton occupy a spare bedroom in the home they shared on Village Drive.

At trial, experts testified that Winfred Hamilton was shot once in the head with a gun owned by Roland Hamilton. Andrew Hamilton could be seen on video doorbell footage removing items from the home while his uncle Roland Hamilton was at choir practice and the fair. Investigat­ors believe Winfred Hamilton, who often dozed on the living room floor while watching television, was shot while sleeping.

Andrew Hamilton was driving a 1997 Delta 88 when he was arrested. The car was owned by Roland Hamilton and often driven by Winfred Hamilton. Other stolen property belonging to Roland Hamilton was found in the car at the time of Andrew Hamilton’s arrest.

On appeal, Andrew Hamilton argued that the instructio­ns read to the jury before they began their deliberati­ons were flawed because they did not adequately define theft. The Sixth District Court of Appeals in Texarkana rejected that argument and found there were no grounds for a reversal of the guilty verdict.

Because the state did not seek the death penalty for Andrew Hamilton, he was automatica­lly sentenced to life without parole when found guilty of capital murder.

The higher court did find that Andrew Hamilton’s court costs should be reduced by $20.

Andrew Hamilton is serving his time at the McConnell Unit in Beeville, Texas. If he wishes to continue to pursue an appeal, Andrew Hamilton can take his case to the Texas Court of Criminal Appeals.

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