North Texas father breaks silence as he awaits execution of daughter's killer: "I don't forgive him at all"
Mark O'Neil has a son and a daughter. His son is still alive. But O'Neil visits his daughter, Rachelle O'Neil Tolleson, at the cemetery.
He said he's been waiting more than 20 years to visit her grave and tell her that the state of Texas has executed the man who murdered her.
Moises Sandoval Mendoza is set to die by lethal injection Wednesday night if the U.S. Supreme Court does not stay the execution.
"I love her, and I miss her. She'll always be in my heart. She will never, ever be forgotten," Mark O'Neil told CBS News Texas.
"I don't forgive him at all"
O'Neil said he, his ex-wife Pam and their granddaughter Avery plan to watch Sandoval Mendoza's execution.
"I don't forgive him at all. But, you know, my heart goes out to his family," O'Neil said. "I know his mom is still alive, and his sisters, and, you know, they're losing a son and a brother. But, you know, I lost my daughter 21 years ago to a brutal murder."
A father's nightmare
O'Neil remembers getting a phone call from his former wife on March 18, 2004. His daughter was missing, but her 6-month-old daughter was found inside their Farmersville residence alone.
"My wife called me at work because she went to the house to check on Rachelle like she did every morning," he said. "Avery was laying on the bed by herself, and Rachelle wasn't there. And she was nowhere to be found."
O'Neil said he knew something was wrong but hoped good news would come anyway. He said a week later, someone discovered his daughter's body. Soon after, investigators had a suspect: Sandoval Mendoza.
"Basically, he admitted right away that he did kill her," O'Neil said. "But he wouldn't admit to raping her. So, I knew from the very beginning, once they arrested him, that he was guilty."
Rachelle O'Neil Tolleson's murder
Court documents filed in the case reveal the convicted killer got the young mother to leave her residence, choked her until she was unconscious, dragged her into a field, and sexually assaulted her. Somewhere in the brutality, he stabbed her unconscious body to ensure she was dead.
Investigators said he moved her body to a rural pit and burned it. Her remains were still discovered.
"I can say that it's been really rough. The pain eases up, but it never goes away," O'Neil said. "And, I mean, it's basically destroyed my family."
Mendoza seeks to halt his execution
The 41-year-old was convicted of capital murder, but 21 years later, his attorneys are still trying to extend his life.
Jason Zarrow from the O'Melveny & Myers office in Los Angeles filed a pleading before the U.S. Supreme Court on Mendoza's behalf. Zarrow and Mendoza allege incompetent counsel at trial.
"We believe Mendoza's claim has merit, and we're hopeful the Supreme Court will grant review and a stay," Zarrow said.
But Greg Willis, criminal district attorney for Collin County, said the O'Neil family had gone through enough.
"I can't help but think — and pray — for the family and friends of 18-year-old Rachelle Tolleson," Willis said. "They've carried the weight of her brutal murder for over 21 years, enduring not only unimaginable grief but also the long, drawn-out process of state and federal litigation in a case where the killer's guilt has never been in doubt."
Seeking closure
O'Neil said he chose his daughter's name. The 60-year-old is going through some thoughts in his head just in case he gets to address Mendoza in her honor.
"Rachelle pleaded for her life while you were killing her, and now you feel like you have the right to plead for your life, and that's just not right," he said. "You should have died 20 years ago, and I have no sympathy for you."
