Andre Thomas' execution had been scheduled for April 5; on Tuesday, a Texas judge pulled that date to give the 39-year-old's legal team time to prepare its case: They have until July 5 to file their argument that he is "not competent for execution." His case is grabbing headlines in part because of a grim element to his backstory: Days after being arrested for the 2004 murders of his estranged wife, their 4-year-old son, and her 1-year-old daughter, he gouged out his right eye. He later gouged out his left eye and consumed it—to prevent the government from hearing his thoughts, according to his lawyers.
"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," lawyer Maurie Levin said. Among that evidence is what happened a day prior to the murders, reports the Texas Tribune: Thomas appeared at a North Texas hospital speaking of his delusions. His intake form described him as seemingly psychotic and suicidal. While left alone, he thought no one was assisting him so he left. The AP reports he cut out the hearts of the children and told police God had commanded him to kill the three.
The Supreme Court prohibits the death penalty from being handed to people with intellectual disabilities, but not to people with serious mental illness. But it has ruled that a person must be competent to be executed. If it is determined that Thomas’ lawyers have presented sufficient evidence to go forward, experts will be appointed to examine him, and other evidence will be reviewed by the judge before he would make a decision.
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