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Convicted killer put to death in Texas

HUNTSVILLE, Texas, Feb. 28 (UPI) -- Convicted killer Monty Allen Delk was executed Thursday night for the 1986 murder of a Grapeland man after the U.S. Supreme Court rejected a stay request to hear arguments that he was mentally incompetent.

Delk, 33, was pronounced dead at 7:53 p.m. CST shortly after receiving a lethal injection for the murder and robbery of Gene Olan "Bubba" Allen II near Crockett in southeast Texas. He was the fifth inmate executed this year in Texas.

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Delk struggled on the gurney and his head had to be strapped down, prison officials said.

"I've got one thing to say, get your warden off this gurney and shut up," Delk said. "I am from the island of Barbados. I am the warden of this unit. People are seeing you do this."

The Supreme Court rejected his final appeal for a stay at 7:05 CST, ending 24 hours of legal maneuvering by Delk's attorney and the state.

Earlier Thursday, Attorney General John Cornyn appealed a stay issued Wednesday by a Beaumont, Texas federal judge based on arguments by Delk's attorney that the convicted killer was incompetent to be executed and could not assist in his defense.

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In his 14-page motion, Cornyn argued that U.S. District Judge Richard Schell did not have jurisdiction to enter the case and failed to defer to a state court finding in 1997 that there was no evidence to support Delk's incompetence.

"The state court's finding that Delk remains competent was reasonable under the federal standard and Delk has failed to present clear and convincing evidence to rebut that finding," the appeal stated.

Cornyn asked the 5th U.S. Circuit Court of Appeals in New Orleans to overturn Schell's stay, which it did, setting the stage for the final appeal to the Supreme Court later in the day.

Defense attorney John Wright said Delk was incoherent, refused to shower and had been found in his death row cell covered with his own waste. Prosecutors had contended in the past that Delk was faking insanity to avoid the death penalty.

In 1986, the Supreme Court ruled it was unconstitutional to execute someone who does not know what is happening or why he is being put to death.

Delk was convicted of shooting Allen in the head with a shotgun and stealing his car Nov. 28, 1986 near Crockett. Delk was arrested Dec. 2 at Winnfield, La., driving Allen's car with a shotgun and picture stolen from the victim.

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