Andre Thomas granted stay of execution

SHERMAN, Texas (KXII) - The execution date for Andre Thomas was withdrawn Tuesday.

Judge Jim Fallon of the 15th state district court withdrew his execution date to allow Mr. Thomas’s legal team reasonable time to investigate and prepare a threshold showing that Mr. Thomas is incompetent for execution.

“The Court was right to follow the Constitution by withdrawing Andre Thomas’s execution date,” Thomas’ attorney Maurie Levin said. “The Constitution and Texas law forbid the execution of people who are insane. Mr. Thomas is such a person, as he is not competent to be executed, lacking a rational understanding of the State’s reason for his execution.”

According to court documents from the State of Texas, Thomas was scheduled to be executed on April 5.

Thomas, was convicted of stabbing his ex-wife, their 4-year-old son, and her 13-month-old daughter, to death and cutting their hearts out.

Just before his trial, Thomas pulled out one of his own eyes. After being convicted, he pulled out his second eye and ate it.

His defense attorney argued Thomas is too mentally ill for the death penalty to be constitutional.

“The Court’s Order gives Mr. Thomas the time necessary to make the threshold showing that his lifelong, profound mental illness, characterized by fixed auditory and visual hallucinations, distorts everything he says, thinks, and does and he is not competent for execution,” Levin adds.