I have never understood while there was even a trial.?
Texas law death penalty?
Commits the murder while escaping or attempting to escape from a penal institution
The Texas Law of Parties[1] states that a person can be criminally responsible for the actions of another in certain circumstances, including "[i]f, in the attempt to carry out a conspiracy to commit one felony, another felony is
committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a
result of the carrying out of the conspiracy."