Ángel Nieves Díaz
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Ángel Nieves Díaz (August 31, 1951 – December 13, 2006) was a Puerto Rican convict and a suspected
serial killer A serial killer is typically a person who murders three or more persons,A * * * * with the murders taking place over more than a month and including a significant period of time between them. While most authorities set a threshold of three ...
who was
executed Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
by
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
by
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
.''Angel Nieves Diaz: Executed December 13, 2006 06:36 p.m. EST by Lethal Injection in Florida.''
Office of Office of the Clark County Prosecuting Attorney. Retrieved 22 April 2013.
Nieves, who had escaped from a prison in
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
while serving time for murder, was convicted of shooting and killing the manager of a
strip club A strip club is a venue where strippers provide adult entertainment, predominantly in the form of striptease or other erotic or exotic dances. Strip clubs typically adopt a nightclub or bar style, and can also adopt a theatre or cabaret-style ...
in Florida in 1979. He maintained his innocence until his death.


Early life

Nieves was born in
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
, and became involved in the world of crime and drugs, going by the nickname ''Papo la Muerte'', which roughly translates to "Daddy Death" or "Death Daddy". He was also a suspected leader of the
Boricua Popular Army The ''Ejército Popular Boricua'' (" Boricua Popular/People's Army"), also known as ''Los Macheteros'' ("The Machete Wielders"), is a clandestine militant and insurgent organization based in Puerto Rico, with cells in the states and other nat ...
, also known as the Los Macheteros. Nieves married in high school and dropped out in his third year. When he was 17, he was arrested for possessing heroin. When Nieves was 24, he shot and wounded a police officer during an armed robbery. He was sentenced to 5 to 8 years in prison.


Crimes

In July 1978, Nieves killed the director of a drug rehabilitation center, stabbing him 19 times while he was sleeping. He was found guilty of second degree murder and sentenced to 10 to 15 years in prison. In 1979, Nieves escaped from the
Río Piedras State Penitentiary The Río Piedras State Penitentiary, also known as Puerto Rico Island Penitentiary or Oso Blanco (or ''White Bear'' in English), was a correctional facility located in Río Piedras, Puerto Rico. History The institution opened in 1933 under the ...
, nearly beating a guard to death in the process. He then fled to Florida. On December 29, 1979, Nieves and two friends, Angel Toro and another man who was never caught, robbed the Velvet Swing Lounge, a strip club in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
. During the robbery, Joseph Nagy, the manager, was shot to death. There were no eyewitnesses because most of the employees and patrons were locked in a public restroom. Police also suspect Nieves and Toro of committing another murder in Miami. In February 1981, Nieves was arrested on unrelated assault and firearms charges. He gave them a fake name, Emilio Baez, and posted bail. Before police discovered his identity, Nieves jumped bail and fled north to
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the ...
. He was later arrested on federal firearm charges in
Middletown, Connecticut Middletown is a city located in Middlesex County, Connecticut, United States, Located along the Connecticut River, in the central part of the state, it is south of Hartford. In 1650, it was incorporated by English settlers as a town under its ...
. While awaiting trial, Nieves was sent to Hartford Correctional Center. In August 1981, he and three other inmates escaped by holding one guard at knifepoint and beating another guard. He was convicted in federal court of illegally possessing a firearm and second degree kidnapping in state court. Nieves was also convicted of a state firearm charge, after officials found a loaded 38-caliber
Derringer A derringer is a small handgun that is neither a revolver nor a semi/ fully automatic pistol. It is not to be confused with mini-revolvers or pocket pistols, although some later derringers were manufactured with the pepperbox configuration. ...
revolver in his cell. His federal conviction was later overturned under a now closed loophole due to Puerto Rico not being a state. Nieves and Toro, the latter now serving life without parole for murdering a woman in
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
, were charged with killing Nagy in 1983, after Nieves' girlfriend at the time told police that Nieves was involved. Police found Nieves' fingerprint on a matchbook left at the scene. In 1986, Diaz was found guilty of first degree murder. During his trial, he threatened witnesses, fired his lawyer, and chose to represent himself. Diaz claimed that Toro had committed the murder. The jury sentenced him to death by an 8–4 vote. The testimony of a fellow inmate of Dade County, Ralph Gajus, who was serving a 20-year sentence for second degree murder, was also crucial in Nieves' conviction and sentence. In 1984, Gajus testified that Nieves had confessed in his cell that he had shot Nagy. Although Nieves spoke English poorly and Gajus understood no Spanish, the two communicated with hand signals. Nieves' eventual conviction was in fact largely dependent on cellmate Gajus' testimony. Toro pleaded guilty to second degree murder and received a life sentence.


Execution

In 2006, Nieves' last appeal was denied. As the date of the execution came closer, the case was again brought to the public attention. On November 28, 2006, the
Governor of Puerto Rico The governor of Puerto Rico ( es, gobernador de Puerto Rico) is the head of government of the Commonwealth of Puerto Rico, and commander-in-chief of the Puerto Rico National Guard. The governor has a duty to enforce local laws, to co ...
,
Aníbal Acevedo Vilá Aníbal Salvador Acevedo Vilá (born 13 February 1962) is a Puerto Rican politician and lawyer. He served as the governor of Puerto Rico from 2005 to 2009. He is a Harvard University alumnus ( LL.M. 1987) and a graduate of the University of Pu ...
, asked the
Governor of Florida A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
,
Jeb Bush John Ellis "Jeb" Bush (born February 11, 1953) is an American politician and businessman who served as the 43rd governor of Florida from 1999 to 2007. Bush, who grew up in Houston, was the second son of former President George H. W. Bush ...
, for clemency in the case. Governor Vilá voiced concerns about the fairness of Nieves' trial, the recanted testimony of Gajus, and Toro's life sentence. On December 13, 2006, Nieves was executed by lethal injection at the
Florida State Prison Florida State Prison (FSP), otherwise known as Raiford Prison, is a correctional institution located in unincorporated Bradford County, Florida. It was formerly known as the "Florida State Prison-East Unit" as it was originally part of Florida St ...
in Raiford. He never ordered a last meal, but was served a prison menu of shredded turkey with taco seasoning, shredded cheese, rice, pinto beans, tortilla shells, apple crisp, and iced tea, which he turned down. His final statement was: "The state of Florida is killing an innocent person. The state of Florida is committing a crime because I am innocent. The death penalty is not only a form of vengeance, but also a cowardly act by humans. I'm sorry for what is happening to me and my family who have been put through this." A great amount of controversy surrounded the execution because, contrary to the usual practices, Nieves needed an additional dose of drugs to be executed. The whole process took approximately 34 minutes as opposed to the usual 7.5 minutes. The family declared the procedure a botched execution. Gretl Plessinger, spokeswoman for the Florida Department of Corrections, said that Nieves Díaz did not feel any pain and that a
liver The liver is a major organ only found in vertebrates which performs many essential biological functions such as detoxification of the organism, and the synthesis of proteins and biochemicals necessary for digestion and growth. In humans, it i ...
condition was the cause of the delay, but the family then denied that Nieves Díaz suffered any such condition. A further investigation concluded that there was negligence in the placement of the needles in Nieves Díaz's arms, whereby the needle would have penetrated entirely through the vein, denying the drugs direct entry into the bloodstream and thereby preventing the drugs from directly reaching desired target sites such as the brain and diaphragm. Rather, the drugs were injected into soft tissue after the needle entered and immediately exited the vein, thereby greatly lengthening the time before death. As a result of this, then governor
Jeb Bush John Ellis "Jeb" Bush (born February 11, 1953) is an American politician and businessman who served as the 43rd governor of Florida from 1999 to 2007. Bush, who grew up in Houston, was the second son of former President George H. W. Bush ...
postponed all pending executions until further notice. However, on July 18, 2007, the new governor,
Charlie Crist Charles Joseph Crist Jr. (; born July 24, 1956) is an American attorney and politician who served as the 44th governor of Florida from 2007 to 2011 and as the U.S. representative for from 2017 to 2022. Crist has been a member of the Democratic ...
, lifted the ban by signing a
death warrant An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a condemned person. An execution warrant is not to be confused with a " license to kill", which operates like an arrest warrant b ...
, authorizing the execution of
Mark Dean Schwab Mark Dean Schwab (December 16, 1968 – July 1, 2008) was an American murderer and child rapist. He was convicted of the April 18, 1991 rape and murder of 11-year-old Junny Rios-Martinez, Jr. and imprisoned at Raiford Prison in Florida. Schw ...
. In 2014, ''
The New Republic ''The New Republic'' is an American magazine of commentary on politics, contemporary culture, and the arts. Founded in 1914 by several leaders of the progressive movement, it attempted to find a balance between "a liberalism centered in hu ...
'' published photographs of the botched execution, showing discoloration on the prisoner's arms.Crair, Ben.
Photos from a Botched Lethal Injection
" ''
The New Republic ''The New Republic'' is an American magazine of commentary on politics, contemporary culture, and the arts. Founded in 1914 by several leaders of the progressive movement, it attempted to find a balance between "a liberalism centered in hu ...
''. 29 May 2014. Retrieved on 10 March 2016.


Aftermath

In 2004, Toro's other murder conviction was vacated, making him eligible for parole. He was paroled on 18 November 2008.


See also

*
Capital punishment in Florida Capital punishment is a legal penalty in the U.S. state of Florida. Since 1976, the state has executed 99 convicted murderers, all at Florida State Prison. As of July 8, 2021, 327 offenders are awaiting execution. History Florida performed ...
*
Capital punishment in the United States In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 ...
* List of people executed in Florida *
List of people executed in the United States in 2006 This is a list of people executed in the United States in 2006. Fifty-three people were executed in the United States in 2006. Twenty-four of them were in the state of Texas. One ( Brandon Wayne Hedrick) was executed via electrocution. The states o ...
Botched executions: * Clayton Lockett *
Doyle Hamm Doyle Lee Hamm (February 14, 1957 – November 28, 2021) was an American death row inmate in Alabama, who was convicted and sentenced to death for the 1987 murder of Patrick Cunningham, whom he killed while committing a robbery. While on death row ...


References

{{DEFAULTSORT:Diaz, Angel Nieves 1951 births 2006 deaths 21st-century executions by Florida 21st-century executions of American people 1979 murders in the United States American kidnappers American robbers Puerto Rican people convicted of murder People convicted of murder by Florida People convicted of murder by Puerto Rico People executed by Florida by lethal injection People executed for murder Executed Puerto Rican people 20th-century executions of American people Executed suspected serial killers