This undated photo from the Texas Department of Criminal Justice shows Patrick Murphy. Lawyers for the member of the infamous “Texas 7” gang of escaped prisoners, which is scheduled to be performed Thursday, March 28, 2019, saying that he should be spared because he never fatally shot in the suburb of Dallas police officer during a christmas Eve robbery almost 18 years earlier. Murphy is scheduled to die by lethal injection after 6 hours in the prison in Huntsville. (Texas Department of Criminal Justice via AP)
HUNTSVILLE, Texas – Attorneys for a death row inmate say that his pending execution is unconstitutional because he never had a deadly shot in the suburb of Dallas police officer during a christmas Eve robbery more than 18 years ago.
Patrick Murphy’s lawyers say the 57-year-old may not be executed Thursday night, because he was not a major participant in the December 2000 robbery in which Irving police officer Aubrey Hawkins was murdered by the notorious “Texas 7” gang of escaped prisoners.
If Murphy’s appeal fail and he is executed, he would be the fourth person put to death in the USA this year.
Murphy was convicted under the ” law of parties, which holds a person criminally liable for the actions of another when they are involved in a conspiracy.