Appeals court stops planned execution of Texas inmate convicted of killing a fellow prisoner

This undated photo provided by the Texas Department of Criminal Justice shows Texas death row inmate William Speer, who faces execution Thursday, Oct. 26, 2023, for killing another prisoner more than 26 years ago. The victim鈥檚 sister and religious leaders have asked authorities to spare his life. Speer, 49, is set to receive a lethal injection at the state penitentiary in Huntsville. (Texas Department of Criminal Justice via AP)

HOUSTON (AP) 鈥 Texas' top criminal appeals court has stopped Thursday evening's scheduled execution of a Texas inmate who had been condemned for killing another prisoner more than 26 years ago.

William Speer, 49, had been set to receive a lethal injection at the state penitentiary in Huntsville. The victim鈥檚 sister and religious leaders had recently asked authorities to spare his life.

Speer was convicted of the strangling death of Gary Dickerson in July 1997 at the Telford state prison, located near New Boston in northeast Texas.

His attorneys had asked the Texas Court of Criminal Appeals to stop his execution over allegations that prosecutors at his 2001 trial failed to disclose evidence, presented false testimony and that his trial lawyers failed to present evidence about Speer鈥檚 troubled childhood. They say Speer was physically and sexually abused as a child. Prosecutors have denied the allegations against them.

Less than five hours before his scheduled execution at 6 p.m. CDT, the appeals court granted the request by Speer's attorneys.

鈥淲e have reviewed the application and find that (Speer's) execution should be stayed pending further order of this Court,鈥 the appeals court wrote in its two-page order.

Speer's lawyers said the stay order cannot be appealed to federal courts because it is a state law issue.

His lawyers said Speer has transformed while in prison, expressed regret for his actions and now helps lead a religious program that ministers to other death row inmates.

鈥淲e are relieved that Will Speer will live to see another day so he can continue to spread his message of hope and healing in Texas prisons,鈥 said Amy Fly, one of Speer鈥檚 attorneys. 鈥淲ill鈥檚 life of ministry, and his efforts to offer some measure of peace to his victims鈥 families, are an inspiration. We are grateful for the thousands of people, including faith leaders and his victims鈥 survivors, who told the State of Texas that Will鈥檚 life was worth saving.鈥

The Texas Attorney General's Office did not immediately reply to an email seeking comment.

鈥淚 am so aware of the things that I鈥檝e done. I鈥檓 so aware of the pain and the hurt that I鈥檝e caused. I could just say that I鈥檓 sorry,鈥 submitted as part of an earlier clemency petition to the Texas Board of Pardons and Paroles.

Speer鈥檚 attorneys had also asked to stop his execution over claims the state鈥檚 supply of pentobarbital, the drug used in executions, was exposed to extreme heat during at a state prison, making it unsafe. A federal judge and the Texas Court of Criminal Appeals had earlier this week denied appeals on that claim. A similar allegation made by another inmate, , was unsuccessful and he was executed earlier this month.

The Texas Attorney General鈥檚 Office said the execution drugs were tested after the fire for potency and sterility. Murphy鈥檚 execution showed the state can 鈥渉andle Speer鈥檚 execution in a safe and humane manner,鈥 authorities said.

At the time of inmate Dickerson's killing, Speer had been serving a life sentence for fatally shooting a friend鈥檚 father, Jerry Collins, at the man鈥檚 Houston area home in January 1991. Speer was 16 then.

The paroles board on Tuesday voted 7-0 against commuting Speer鈥檚 death sentence to a lesser penalty. Members also rejected granting a six-month reprieve.

Speer killed Dickerson in a bid to join the Texas Mafia prison gang, prosecutors said. The gang ordered the hit after mistakenly concluding Dickerson had informed authorities about tobacco it had tried to smuggle into the prison.

Speer and another inmate, were sentenced to death for the killing. Canales remains on death row.

At Speer鈥檚 trial, Sammie Martin, who is Dickerson鈥檚 only living sibling, told jurors her mother was devasted by her brother's death.

But Martin asked that Speer鈥檚 life be spared.

鈥淚 have spent much time reflecting on what justice my brother and my family deserved,鈥 Martin wrote in federal court documents filed earlier this week. 鈥淚n my heart, I feel that he is not only remorseful for his actions but has been doing good works for others and has something left to offer the world.鈥

Martin said she was never informed by prosecutors about Speer鈥檚 scheduled execution.

In court documents filed this week, lawyers with the Texas Attorney General鈥檚 Office said that despite Martin鈥檚 feelings about Speer鈥檚 execution, 鈥渢he state retains its interest in deterring gang murders and prison violence, as well as seeing justice done for Dickerson.鈥

A group of religious leaders from around the country have also asked that Speer be spared. In a letter to the paroles board and Gov. Greg Abbott, they wrote that Speer鈥檚 religious work with other prisoners 鈥渄oes not excuse his actions, but it gives us a fuller picture of who Will is as a human, Christian, leader, and teacher.鈥

Two more executions are scheduled in Texas this year.

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