A Brazos County judge has denied a competency hearing and a withdrawal of an execution date for convicted killer Marcus Druery.
The 32-year-old is due to be put to death by lethal injection August 1.
Tuesday morning, his lawyers argued to Judge J.D. Langley that Druery has been diagnosed with schizophrenia and while he may have a factual understanding, he does not have a rational understanding that he is going to be put to death.
The state countered that letters and statements Druery has made, while not normal, showed that the inmate is aware of a pending execution. He also has asked for more witnesses to be questioned in order to prove his innocence. The state said that shows he is aware of why he is going to be executed.
According to the U.S. Supreme Court, an inmate must be aware of their execution and why they are being put to death before the act takes place.
Druery's lawyers will continue to attempt appeals on this matter.
Druery was convicted of the Halloween 2002 shooting death of Skyyler Browne. He has been on death row since late 2003.
Ynobe Matthews was the last inmate from Brazos County to be executed when he was put to death in 2004.