[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/execution-texas-man-delayed-schizophrenia-claims\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/execution-texas-man-delayed-schizophrenia-claims\/","headline":"Execution of Texas Man is Delayed over Schizophrenia Claims","name":"Execution of Texas Man is Delayed over Schizophrenia Claims","description":"The execution of a man accused of killing a store worker during a robbery at a Fort Worth gas station in 2010 has been delayed by the Texas Court of Criminal Appeals after his attorneys argued he is mentally ill. The execution of 42-year-old Kwame Rockwell was set for Oct. 24. Rockwell and two other...","datePublished":"2018-10-22","dateModified":"2023-06-08","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/kissprblog\/#Person","name":"Broden & Mickelsen, LLP","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/kissprblog\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bd70e3cfe21ebfb97a169f95da73c8b9fdb6accce8b9ecb2173146feb882a8ea?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bd70e3cfe21ebfb97a169f95da73c8b9fdb6accce8b9ecb2173146feb882a8ea?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/05\/execution-1.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/05\/execution-1.jpg","height":400,"width":589},"url":"https:\/\/www.brodenmickelsen.com\/blog\/execution-texas-man-delayed-schizophrenia-claims\/","about":["Criminal Charges","News"],"wordCount":486,"keywords":["Dallas criminal defense lawyer","murder","Texas criminal defense attorneys","texas execution"],"articleBody":"The execution of a man accused of killing a store worker during a robbery at a Fort Worth gas station in 2010 has been delayed by the Texas Court of Criminal Appeals after his attorneys argued he is mentally ill.The execution of 42-year-old Kwame Rockwell was set for Oct. 24. Rockwell and two other men robbed a store and fatally shot Daniel Rojas and Jerry Burnett eight years ago. Rockwell was convicted of the murder of Rojas in 2012.Last week, a majority of Texas Court of Criminal Appeals judges ordered Rockwell\u2019s execution be delayed, according to the Texas Tribune. They ordered a judge to appoint two mental health experts and re-examine Rockwell prior to execution.Rockwell and his lawyers fought to stay the execution. They argued Rockwell\u2019s schizophrenia prevents him from understanding his execution and the murder conviction.Under Texas statute, a person must be competent to be executed. Rockwell\u2019s attorneys point to a history of serious mental illness that dogged him his whole life. Media reports suggest he is fixated with delusions that snakes and demons afflict him and invade his body.A 2017 appeal launched by the death row inmate pointed out he was diagnosed with schizophrenia in prison.Rockwell has launched a number of appeals. In April of last year, a federal appeals court rejected Rockwell\u2019s claim he had inadequate legal representation at his trial in Tarrant County trial when his lawyers decided not to present evidence of schizophrenia and the use of steroids.Texas has executed a series of people who claimed to be mentally ill. In 2014, The Guardian reported how Texas routinely executes people who showed signs of illnesses like schizophrenia.The report cited the case of Andre Thomas who was executed in 2005 for killing his estranged wife, his four-year-old son and his one-year-old stepdaughter. He believed he was following an order from God to exorcise their demons. He gouged out his right eye in prison and was diagnosed with paranoid schizophrenia.In the 2002 case of Atkins v. Virginia, the U.S. Supreme Court ruled that executions of mentally retarded criminals are \u201ccruel and unusual punishments\u201d prohibited by the Eighth Amendment.However, the ruling does not necessarily protect mentally ill people from execution.The New York Times noted the nation\u2019s highest court has habitually declined to protect mentally ill people from the death penalty. It said only people who are insane cannot be executed.Insane is narrowly defined as people who are unaware of the punishment they are about to suffer and why they are to suffer it. It\u2019s a definition that excludes most people with severe mental illnesses such as schizophrenia.More people are executed in Texas than in any other state. If you have been charged with murder in the Lone Star State, it\u2019s important to hire a criminal defense attorney who has dealt with these high-profile capital murder cases. Call us at (214) 720-9552."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Execution of Texas Man is Delayed over Schizophrenia Claims","item":"https:\/\/www.brodenmickelsen.com\/blog\/execution-texas-man-delayed-schizophrenia-claims\/#breadcrumbitem"}]}]