CORPUS CHRISTI, Texas — 94th District Court Judge Bobby Galvan ruled against Nueces County District Attorney Mark A. Gonzalez's motion to withdraw the Oct. 5 execution date set for John Henry Ramirez, on Tuesday.
Gonzalez told KRIS 6 News in a text message Tuesday that his office intends to appeal the decision.
"I have always and will continue to hold Judge Galvan in the highest regard and we will take his advice as he welcomed us to appeal his decision," Gonzalez wrote. "We are in uncharted waters and even judges sometimes welcome guidance or answers from higher courts."
Ramirez was convicted of murdering convenience-store clerk Pablo Castro in 2004.
After winning his most recent appeal in April to be able to have his spiritual advisor in the room, lay hands on him, and pray over him during his execution, an execution date was set for Ramirez.
Two days later, Gonzalez filed a motion to withdraw the execution date on the grounds that he does not personally believe in the death penalty.
"The Assistant District Attorney who most recently moved for an execution date in this cause was not aware of my desire in this matter and did not consult me prior to moving for an execution date," the motion stated.
Gonzalez was not in office when Ramirez was convicted in 2008.
After Gonzalez filed his motion, the Texas Attorney General's Office said Gonzalez's moral objection had no bearing on the case. Gonzalez is an agent of the state.
Ultimately, though, it was Galvan's decision as to whether the motion would be granted.
This is a developing story. Check back with KRIS 6 News for updates.