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A Texas death row inmate who killed three people, including two kids, and later gouged out both of his eyes and ate one was granted a delayed execution.
Andre Thomas, 39, was sentenced to death for the 2004 killings of his estranged wife, Christine Boren, 20, their 4-year-old son Andre Lee and her 13-month-old daughter Leyha Marie Hughes. He cut out the children's hearts during the fatal attack.
Thomas was to be executed in Texas on April 5, but State District Judge Jim Fallon issued an order on Tuesday withdrawing the execution date. Thomas’ lawyers had requested additional time to prepare for a court hearing to review his competency, citing mental illness.
The Supreme Court prohibits executions of the intellectually disabled - but not for those with mental illness - and has ruled that death row inmates must be determined competent before the execution.
"We are confident that when we present the evidence of Mr. Thomas’s incompetence, the court will agree that executing him would violate the Constitution," Maurie Levin, Thomas’ attorney, wrote in a statement. "Guiding this blind psychotic man to the gurney for execution offends our sense of humanity and serves no legitimate purpose."
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This combination of undated inmate photos provided Andre Thomas' attorney Maurie Levin, shows bookings photos of death row inmate Andre Thomas from Grayson County Jail, left, and the Texas Department of Criminal Justice, center and right. (Courtesy Maurie Levin via AP)
After the killings, Thomas told police that God instructed him to carry out the fatal stabbings and that he believed the three victims were demons.
In prison, he gouged out both of his eyes during two separate incidents, according to his lawyers. He ate one of his eyeballs to ensure the government could not listen to his thoughts, according to the attorneys.
More than 100 religious leaders had asked Gov. Greg Abbott to stop the execution before the judge’s ruling last week.
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Andre Thomas during a booking photo with the Texas Department of Criminal Justice after he gouged out one of his eyes. (Courtesy Maurie Levin via AP)
J. Kerye Ashmore, with the Grayson County District Attorney’s Office, argued that the faith leaders and others calling for clemency for Thomas are not fully informed about the case and have not read any reports or evaluations about his mental state.
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"None of these people know anything about the case. They are parroting what the defense has told them," Ashmore said. He added that he has reviewed records that indicate Thomas knew about his execution date and that he was aware that he is in prison because he killed his estranged wife and her kids.
This photo provided by the Texas Department of Criminal Justice shows Texas death row inmate Andre Thomas. (Texas Department of Criminal Justice via AP)
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Thomas’ attorneys have until July 5 to file their motion asking that the inmate’s competency be reviewed before his execution can proceed.
The Associated Press contributed to this report.
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