The Supreme Court halted the execution of a Texas man convicted of murder only moments before he was scheduled to be put to death, leaving the condemned man "shocked" and in tears.
47-year-old Ruben Gutierrez was convicted for the 1998 murder of an elderly woman during a robbery in Brownsville, Texas. The Supreme Court's order puts the execution on hold indefinitely.
Gutierrez was informed of the court's stay only minutes before his scheduled execution Tuesday night at 6 p.m. CT in Huntsville.
"He was visibly emotional," prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. "We asked him if he wanted to make a statement but he needed a minute."
“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”
Gutierrez has admitted that he plotted to rob 85-year-old Escolastica Harrison, but he says he wasn't inside when she was stabbed to death with a screwdriver.
Two other people were charged in the robbery: Rene Garcia, who is serving a life sentence; and Pedro Gracia, the alleged getaway driver, who remains at large.
On September 5, 1998, the three men robbed Harrison, a retired elementary school teacher who kept $600,000 in a safe because she mistrusted banks.
Harrison made the mistake of trusting Gutierrez, who learned about the safe by befriending her and doing errands for her.
She was beaten and stabbed 13 times with two screwdrivers, and defensive wounds showed she fought for her life. The suspects fled with at least $56,000.
In 1999, Gutierrez was convicted under the Texas law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime.
Since 2009, Gutierrez has sought DNA testing that he says would exonerate him of the crime. Prosecutors say Gutierrez was justly convicted and that the DNA request is a delay tactic.
“Gutierrez purposefully forewent DNA testing at his trial in 1999, and he has leveraged that strategic decision for the last 20 years to delay enforcement of his sentence," prosecutors wrote this month.
Kim Kardashian, a criminal justice reform advocate, celebrated the Supreme Court's stay.
This isn't the first time Gutierrez's life was spared at the last minute. The Supreme Court also issued a stay just an hour before his execution in 2020 after his lawyers argued he was denied the right to be accompanied by a priest.
