Condemned prisoner Charles Anthony Nealy says he wasn't even in Texas when two men were gunned down during a convenience store robbery in Dallas almost 10 years ago.
A Dallas County jury believed otherwise.
Nealy faces lethal injection this evening in Huntsville for the shooting death of one of the men, 25-year-old store owner Jiten Bhakta.
One of Bhakta's workers, 25-year-old Vijay Patel, also was fatally shot. Nealy's cousin, Claude is serving life in prison for that killing.
Nealy would be the ninth condemned inmate executed this year in the nation's most active death penalty state. Two more are set to die next week.
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