Texas is set to execute Ramiro Gonzales today amid appeals arguing he’s no longer a threat nor eligible for the death penalty

(CNN) — Texas on Wednesday is scheduled to execute Ramiro Gonzales by lethal injection for a 2001 murder, though the inmate’s attorneys have appealed to the US Supreme Court, arguing in part he should be ineligible for the death penalty under state law because he is no longer dangerous.

Gonzales, 41, was convicted and sentenced to death in 2006 for the sexual assault and killing of 18-year-old Bridget Townsend, court records show. His execution would be the first of two – the other in Oklahoma – scheduled this week in the United States.

During the penalty phase of Gonzales’ trial, jurors were required to find, as they are in all capital cases in Texas, a “probability” Gonzales would continue to “commit criminal acts of violence.” Without this determination, capital defendants in the Lone Star State are not eligible for the death penalty, per state law.

In their appeals to the Supreme Court, Gonzales’ attorneys say his track record these last 18 years shows he is not dangerous, pointing to his commitment to his Christian faith, ministry to others behind bars and his unsuccessful attempts to donate a kidney to a stranger in need.

Additionally, they say the evidence relied upon to make the finding of future dangerousness was false: An expert witness who diagnosed the inmate with antisocial personality disorder relied on recidivism data later found to be incorrect, and he has since evaluated Gonzales and walked back his testimony.

If Gonzales is no longer a threat, then he should not be eligible for the Texas death penalty, his attorneys argue. But the state courts have not provided an avenue for a post-conviction review of the jury’s determination – or “prediction” – that Gonzales would remain dangerous, violating his Constitutional rights, they say.

“Ramiro not only has disproven the jury’s prediction – he has never committed a single act or threat of violence since he was sentenced to death in 2006 – but in fact actively contributes to prison society in exceptional ways,” the inmate’s attorneys, Thea Posel and Raoul Schonemann, said in a statement Monday. “He should not be executed.”

The state of Texas has opposed Gonzales’ appeals, arguing in part his team had misconstrued the eligibility requirement and contending the question of whether Gonzales would continue to be a threat is not limited to the inmate’s behavior on death row.

Even when his behavior post-conviction is taken into account, “there’s undoubtedly sufficient evidence to uphold the finding of future dangerousness,” attorneys for the state wrote, pointing to the subsequent kidnapping and rape of another woman and a litany of transgressions he committed while in jail.

“Even if a jury could somehow consider events that had not happened yet, i.e., Gonzales’s behavior on death row, the jury could still have rationally believed Gonzales would be a danger in the future,” they said.

As of Wednesday morning, nearly all of Gonzales’ hopes are tied up with his appeals at the Supreme Court. On Monday, the Texas Board of Pardons and Paroles declined to recommend clemency in a 7-0 vote. Without that recommendation, Republican Gov. Greg Abbott is limited by state law to issuing Gonzales a one-time 30-day reprieve.

CNN has reached out to the Medina County Criminal District Attorney’s Office, which prosecuted the case, and members of Townsend’s family for comment.

18 months passed before key confession

Gonzales murdered Townsend in January 2001, after he called the home of his drug supplier, her boyfriend, in search of drugs, according to a 2009 Texas appeals court opinion affirming the inmate’s conviction and death sentence.

When Townsend told Gonzales her boyfriend wasn’t home, he went to the house in search of drugs. He stole money, then kidnapped Townsend, tying her hands and feet before driving her to a location near his family’s ranch, the opinion states. There, he raped and fatally shot her, it says.

The case went unsolved for 18 months. Then, while sitting in jail after pleading guilty to the rape of another woman, Gonzales confessed to Townsend’s killing and led authorities to her body.

Gonzales’ execution would be the nation’s eighth this year, with the ninth slated for Thursday in Oklahoma, according to data from the Death Penalty Information Center , a non-profit organization that tracks capital punishment in the US and has in the past been critical of the way it’s administered.

Oklahoma intends to execute Richard Rojem for the 1984 kidnapping, rape and murder of his 7-year-old stepdaughter, Layla Cummings, court records show. The state’s parole board voted last week against recommending clemency for Rojem, who claims he is innocent, according to CNN affiliate KOCO .

Both Gonzales and Rojem would be the second person executed in their respective states so far in 2024, according to the center’s data . By this time last year, 13 inmates had been put to death in the US, the data shows .

CNN’s John Fritze contributed to this report.

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