OKLAHOMA CITY - A federal judge has denied a stay of execution for an Oklahoma man scheduled for execution later this month.
A federal judge ruled Thursday that the Department of Corrections could use the state's sole dose of sodium thiopental to execute Donald Ray Wackerly II, who is scheduled for execution on October 14. The single dose had been earmarked for Jeffrey David Matthews, who was granted a stay of execution in August because the DOC didn't like the strength of sodium thiopental that would have been used in his execution and elected to use a substitute drug.
A hearing has been set for October 8 for Wackerly's attorneys to argue against the execution and a hearing on October 16 will decide the same for Matthews.
The maker of sodium thiopental says the drug won't be available until early next year.