Minutes earlier convicted murderer Ruben Gutierrez was owed to person a lethal injection for his relation successful the execution of an 85-year-old pistillate successful 1998 successful Texas, the Supreme Court issued a enactment of execution.
Gutierrez, 47, was convicted successful 1999, erstwhile helium was 21, of sidesplitting Escolastica Harrison with a screwdriver wrong of her trailer parkland location successful the municipality of Brownsville, conscionable northbound of the Mexico borderline connected Texas' Gulf Coast.
He maintained his innocence, claiming helium was not wrong of the location astatine the time. Gutierrez has admitted to taking portion successful the effort to rob Harrison of $600,000 she saved and stored astatine location due to the fact that of a mistrust of banks.
The Supreme Court indispensable present decided if Gutierrez and his ineligible squad tin bring their entreaty to the highest tribunal successful the land. The lawsuit was antecedently brought to the wider public's attraction erstwhile Kim Kardashian appealed to Texas Gov. Gregg Abbot to halt the execution.
He was acceptable to dice astatine 6:00 p.m. section clip connected July 16. The ruling came astatine 5:40pm. He was successful a holding compartment erstwhile situation warden Kelly Strong told him astir the stay.
'He was visibly emotional,' situation spokeswoman Amanda Hernandez said, adding helium was not expecting the tribunal stay. 'We asked him if helium wanted to marque a connection but helium needed a minute.'
The nation´s precocious tribunal issued the indefinite enactment soon earlier inmate Ruben Gutierrez was to person been taken to the decease enclosure of a Huntsville prison
Gutierrez was condemned for the 1998 sidesplitting of Escolastica Harrison, shown present alongside her hubby astatine a household wedding
'He turned astir to the backmost of the cell, covered his mouth. He was tearing up, speechless. He was shocked.'
She said Gutierrez past prayed with a situation chaplain and added: 'God is great!'
Gutierrez ineligible combat has been ongoing since 2009 erstwhile helium began seeking post-conviction DNA testing. His lawyers support that DNA grounds volition beryllium that helium was not successful the location astatine the clip of the killing. Two others are charged successful the case.
He has had respective erstwhile execution dates successful caller years that person been delayed, including related to having a spiritual advisor successful the decease chamber.
In June 2020, Gutierrez was an hour from execution erstwhile helium got a enactment from the Supreme Court.
At the clip of his trial, prosecutors said the sidesplitting of the mobile location parkland manager and retired teacher was portion of an effort to bargain much than $600,000 she had hidden successful her location due to the fact that of her mistrust of banks.
'The exertion for enactment of execution of condemnation of decease presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari,' the Supreme Court's ruling states.
'Should the petition for a writ of certiorari beryllium denied, this enactment shall terminate automatically. In the lawsuit the petition for a writ of certiorari is granted, the enactment shall terminate upon the sending down of the judgement of this Court.'
In 2020, Kim Kardashian thanked the U.S. Supreme Court for granting Gutierrez a enactment of execution. She's seen during a 2019 sojourn to the White House above
The world star-turned-criminal justness betterment advocator celebrated the quality connected societal media
His attorneys argued that assorted items recovered from the transgression country - including nail scrapings from Harrison, a escaped hairsbreadth wrapped astir 1 of her fingers and assorted humor samples from wrong her location - person ne'er been tested.
'Gutierrez faces not lone the denial of (DNA testing) that helium has repeatedly and consistently sought for implicit a decade, but moreover, execution for a transgression helium did not commit. No 1 has immoderate involvement successful a wrongful execution,' Gutierrez´s attorneys wrote successful their petition to the Supreme Court.
Shawn Nolan, an lawyer for Gutierrez, expressed pleasance with the court's determination precocious Tuesday. 'We are hopeful that present the Court has stepped successful to halt this execution, we tin yet execute the DNA investigating to beryllium that Mr. Gutierrez should not beryllium executed present oregon successful the future,' Nolan said successful an emailed statement.
Prosecutors said Gutierrez was attempting to bargain much than $600,000 that Escolastica Harrison had hidden successful her location erstwhile helium killed her
Prosecutors person said the petition for DNA investigating is simply a hold maneuver and that Gutierrez was convicted connected assorted pieces of evidence, including a confession successful which helium admitted to readying the robbery and that helium was wrong her location erstwhile she was killed.
Gutierrez was convicted nether Texas´ instrumentality of parties, which says a idiosyncratic tin beryllium held liable for the actions of others if they assistance oregon promote the committee of a crime.
In their effect to Gutierrez´s Supreme Court petition, the Texas Attorney General´s Office and the Cameron County District Attorney´s Office had said authorities instrumentality does not supply 'for postconviction DNA investigating to amusement innocence of the decease punishment and, adjacent if it did, Gutierrez would not beryllium entitled to it.'
Lower courts person antecedently denied Gutierrez´s requests for DNA testing.
Authorities said Gutierrez befriended Harrison truthful helium could rob her. Prosecutors said Harrison hid her wealth underneath a mendacious level successful her chamber closet.
Two of Harrison's nephews and 3 of their friends were to person witnessed the execution. They declined to remark connected the court's reprieve.
Police charged 3 radical successful this case: Rene Garcia, Pedro Gracia and Gutierrez. Rene Garcia is serving a beingness condemnation successful a Texas situation portion Pedro Gracia, who constabulary said was the getaway driver, remains astatine large.
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