Minutes earlier convicted murderer Ruben Gutierrez was owed to person a lethal injection for his domiciled successful nan execution of an 85-year-old female successful 1998 successful Texas, nan Supreme Court issued a enactment of execution.
Gutierrez, 47, was convicted successful 1999, erstwhile he was 21, of sidesplitting Escolastica Harrison pinch a screwdriver wrong of her trailer parkland location successful nan municipality of Brownsville, conscionable northbound of nan Mexico separator connected Texas' Gulf Coast.
He maintained his innocence, claiming he was not wrong of nan location astatine nan time. Gutierrez has admitted to taking portion successful nan effort to rob Harrison of $600,000 she saved and stored astatine location because of a mistrust of banks.
The Supreme Court must now decided if Gutierrez and his ineligible squad tin bring their entreaty to nan highest tribunal successful nan land. The lawsuit was antecedently brought to nan wider public's attraction erstwhile Kim Kardashian appealed to Texas Gov. Gregg Abbot to halt nan execution.
He was group 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 prison guard Kelly Strong told him astir nan stay.
'He was visibly emotional,' situation spokeswoman Amanda Hernandez said, adding he was not expecting nan tribunal stay. 'We asked him if he wanted to make a connection but he needed a minute.'
The nation´s precocious tribunal issued nan indefinite enactment soon earlier inmate Ruben Gutierrez was to person been taken to nan decease enclosure of a Huntsville prison
Gutierrez was condemned for nan 1998 sidesplitting of Escolastica Harrison, shown present alongside her hubby astatine a family wedding
'He turned astir to nan backmost of nan cell, covered his mouth. He was tearing up, speechless. He was shocked.'
She said Gutierrez past prayed pinch a situation chaplain and added: 'God is great!'
Gutierrez ineligible conflict has been ongoing since 2009 erstwhile he began seeking post-conviction DNA testing. His lawyers support that DNA grounds will beryllium that he was not successful nan location astatine nan clip of nan killing. Two others are charged successful nan case.
He has had respective erstwhile execution dates successful caller years that person been delayed, including related to having a belief advisor successful nan decease chamber.
In June 2020, Gutierrez was an hour from execution erstwhile he sewage a enactment from nan Supreme Court.
At nan clip of his trial, prosecutors said nan sidesplitting of nan mobile location parkland head and retired coach was portion of an effort to bargain much than $600,000 she had hidden successful her location because of her mistrust of banks.
'The exertion for enactment of execution of condemnation of decease presented to Justice Alito and by him referred to nan Court is granted pending nan disposition of nan petition for a writ of certiorari,' nan Supreme Court's ruling states.
'Should nan petition for a writ of certiorari beryllium denied, this enactment shall terminate automatically. In nan arena nan petition for a writ of certiorari is granted, nan enactment shall terminate upon nan sending down of nan judgement of this Court.'
In 2020, Kim Kardashian thanked nan U.S. Supreme Court for granting Gutierrez a enactment of execution. She's seen during a 2019 sojourn to nan White House above
The reality star-turned-criminal justness betterment advocator celebrated nan news connected societal media
His attorneys based on that various items recovered from nan crime segment - including nail scrapings from Harrison, a loose hairsbreadth wrapped astir 1 of her fingers and various humor samples from wrong her location - person ne'er been tested.
'Gutierrez faces not only nan denial of (DNA testing) that he has many times and consistently sought for complete a decade, but moreover, execution for a crime he did not commit. No 1 has immoderate liking successful a wrongful execution,' Gutierrez´s attorneys wrote successful their petition to nan Supreme Court.
Shawn Nolan, an lawyer for Gutierrez, expressed pleasance pinch nan court's determination precocious Tuesday. 'We are hopeful that now nan Court has stepped successful to extremity this execution, we tin yet execute nan DNA testing to beryllium that Mr. Gutierrez should not beryllium executed now aliases successful nan 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 he killed her
Prosecutors person said nan petition for DNA testing is simply a hold maneuver and that Gutierrez was convicted connected various pieces of evidence, including a confession successful which he admitted to readying nan robbery and that he was wrong her location erstwhile she was killed.
Gutierrez was convicted nether Texas´ rule of parties, which says a personification tin beryllium held liable for nan actions of others if they assistance aliases promote nan committee of a crime.
In their consequence to Gutierrez´s Supreme Court petition, nan Texas Attorney General´s Office and nan Cameron County District Attorney´s Office had said authorities rule does not supply 'for postconviction DNA testing to show innocence of nan decease punishment and, moreover 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 he could rob her. Prosecutors said Harrison hid her money underneath a mendacious level successful her chamber closet.
Two of Harrison's nephews and 3 of their friends were to person witnessed nan execution. They declined to remark connected nan court's reprieve.
Police charged 3 group successful this case: Rene Garcia, Pedro Gracia and Gutierrez. Rene Garcia is serving a life condemnation successful a Texas situation while Pedro Gracia, who constabulary said was nan getaway driver, remains astatine large.