AUSTIN, TX (KLTV) - An East Texas man set for execution this week for a shootout eight years ago that left
has won a reprieve from the state's highest criminal appeals court.
The Texas Court of Criminal Appeals stopped the scheduled execution of 55-year-old Randall Wayne Mays, of Henderson County. According to the the court's order, it "determined that further review is necessary," and the appellant's execution was stayed.
As a result of this order, Mays' case will be sent back to Henderson County courts where an expert will need to determine whether he's incompetent to receive the death
Last month, the Henderson County District denied a motion filed by Mays' attorneys that argued Mays is incompetent to receive the death penalty.
, Henderson County District Attorney Scott McKee said the Eighth Amendment bars the execution of a person who does not understand that their execution is imminent and does not understand why they are being executed. He said his office believes Mays does know his execution is approaching and they believe he knows why he is being given that sentence.
His punishment would have depleted the Texas Department of Criminal Justice's supply of pentobarbital used for lethal injections and now difficult to obtain for capital punishment.
At least four Texas executions are scheduled for April.