Texas Appeals Court Postpones Another Execution
The Texas court of Criminal Appeals has ruled to postpone another execution, this time for 55-year-old Randall Wayne Mays who was set to be put to death on Wednesday.
Hayes was awaiting execution for the 2007 shooting deaths of Henderson County Sheriff’s Deputy Tony Ogburn, 61, and investigator Paul Habelt, 63, at his home. Hayes' lawyers petitioned the appeals court to halt the execution to give more time to determine Hayes' mental state, specifically if he is competent to face punishment.
Hayes' execution would have used up the state's final supply of pentobarbital, used in lethal injection to cause respiratory arrest, which is now difficult to obtain for this punishment. The Danish company Lundbeck, which owns pentobarbital, ceased selling the drug to the United States as its use in lethal injection is illegal under Danish law, and US Distributors have been forbidden by Lundbeck to sell remaining stock to anyone intending to use it in executions. The postponement of Hayes' execution gives the state enough supply to carry out its next execution next month.