With just six days to go before his scheduled execution, Marcus Druery's lawyers have officially filed an appeal to a higher court trying to stop the lethal injection.
Tuesday, a local judge rejected a motion for a hearing to see if the 32-year-old is competent to be executed. Judge J.D. Langley also denied a request to postpone the August 1 execution.
Late Wednesday, Druery's attorneys filed a motion to the Texas Court of Criminal Appeals for a stay pending a review of his competency.
Druery was convicted of the 2002 murder of Skyyler Browne, but doctors have said he suffers from schizophrenia. Medical records were unsealed Wednesday by Langley noting Druery's condition.
According to the U.S. Supreme Court, an inmate must know they are being executed and why before they are put to death. Otherwise, it would be considered cruel and unusual punishment.
Tuesday, prosecutors successfully argued that Druery's odd writings, statements and requests demonstrate he is aware of his impending fate. Lawyers for Druery say their client may have demonstrated a factual knowledge of the execution, but he does not have a rational understanding because of his mental condition.
Druery would be the first Brazos County killer to be executed since Ynobe Matthews in 2004. Druery was returned to the Polunsky Unit in Livingston Wednesday after being in Brazos County for Tuesday's hearing.