A Texas state judge refused to cancel the scheduled execution of John Ramirez, a death row inmate previously embroiled in a U.S. Supreme Court case.
Nueces County District Attorney Mark Gonzalez had petitioned the court in April, requesting the judge withdraw an official order setting October 5 as John Ramirez’s execution date.
Gonzalez’s filing was motivated by his “firm belief that the death penalty is unethical and should not be imposed on Mr. Ramirez or any other person.”
However, just days before his filing, an assistant district attorney working for Gonzalez had officially asked the court to set a date for the execution. He was allegedly unaware that his boss would ask the judge to cancel it.
As reported by The Texas Tribune, Gonzalez’s office had been routinely filing motions to schedule an execution date for John Ramirez while his Supreme Court case was pending.
The Texas Attorney General’s office submitted a letter to the state district court arguing that a death warrant cannot simply be withdrawn because of Gonzalez’s “shifting ethical position.”
At a hearing held over Zoom on Tuesday, Judge Bobby Galvan ultimately decided to deny Gonzalez’s petition.
“I’ve really thought about this a lot,” said Judge Galvan, according to The Texas Tribune. “I respect y’all’s opinion on this, but I’m not going to withdraw the warrant.”
Judge Galvan reasoned that Gonzalez was the “captain of the ship.” He was, in effect, responsible for their actions in as much as they represent his office in court.
For his part, John Ramirez’s lawyer claimed Judge Galvan’s decision was unprecedented, considering both the prosecution and defense were in agreement on whether the death penalty should be enacted or not.
As reported in The Dallas Express, Ramirez’s case drew national attention when he sued to have his pastor present in the chamber with him during his execution. The case made it to the Supreme Court, and he won, 8-1.