Texas set to execute Wesley Ruiz despite ongoing fight over state’s use of old lethal injection drugs

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Texas set to execute Wesley Ruiz despite ongoing fight over state’s use of old lethal injection drugs
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Ruiz was convicted in the 2007 shooting death of Dallas police Senior Cpl. Mark Nix after...

Texas death row inmate Wesley Ruiz, who was convicted of fatally shooting a Dallas police officer in 2007, faces execution by lethal injection on Wednesday, Feb. 1, 2023.surrounding the state’s use of drugs long past their original expiration dates to kill prisoners.

With fewer pharmacies willing to produce execution drugs, the Texas Department of Criminal Justice for years has extended the use-by dates of its existing pentobarbital, the only drug used in Texas executions, after retesting potency levels. Previous legal battles seeking to halt the practice have failed in court.

“TDCJ knew it had other chemicals for use in the execution — and actually used those chemicals — but TDCJ withheld that information from Mr. Fratta and the courts, leading everyone, including the public, to believe that they only had chemicals that were found to cause pain,” Tivon Schardl, a federal defense attorney representing Fratta, said in a statement last week.

Texas has rejected claims that its process of retesting and extending the expiration dates is known to be torturous, as executions carried out using such drugs typically proceed without any indication of pain. The state argued state regulations for pharmaceutical drug use should not apply to executions.

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