A third execution date has been set for the Brownsville man condemned for the screwdriver stabbing death of an elderly Brownsville woman almost 22-1/2 years ago. 44-year-old Ruben Gutierrez is now set to be given a lethal injection October 27th.
Gutierrez had been about an hour away from execution June 16th last year when the U.S. Supreme Court issued a stay over Gutierrez’s claims his First Amendment religious rights were being violated by a new Texas prison systems policy that barred all spiritual advisors from the execution chamber.
The high court ordered a review of the policy, the state ended the policy in April, and agreed to allow a Catholic priest to be with Gutierrez October 27th. Gutierrez’s first execution date of October 2019 had been stayed due to a clerical error on the death warrant.
The case had also been delayed over Gutierrez’s attempts to secure DNA testing of evidence that his attorneys claimed would show he was not in the victim’s mobile home when she was killed.