theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Supreme Court allows execution of Texas inmate with low IQ

by Michael Graczyk, Associated Press | August 7, 2012 at 6:12 PM
Comments
Print
This May 26, 2006 file photo provided by the Texas Department of Criminal Justice shows death row inmate Marvin Wilson. (AP Photo/Texas Department of Criminal Justice, File)

This May 26, 2006 file photo provided by the Texas Department of Criminal Justice shows death row inmate Marvin Wilson. (AP Photo/Texas Department of Criminal Justice, File)

Related Posts

  • Supreme Court asked to halt Texas execution
  • Texas executes man despite his claims of low IQ
  • Supreme Court halts planned Texas execution
  • Texas executes man convicted in 1998 double murder
  • Texas inmate set to die after appeals rejected

HUNTSVILLE, Texas (AP) — The U.S. Supreme Court cleared the way for the Tuesday evening execution of a Texas death row inmate whose lawyers say is ineligible for the death penalty because of his low IQ.

Marvin Wilson, 54, was sentenced to death for killing a police informant two decades ago. His attorneys pointed to a psychological test that pegged his IQ at 61, below the threshold of 70 that would suggest he’s mentally impaired. But lower courts agreed with state attorneys who questioned the test’s validity.

The Supreme Court denied his request for a stay of execution less than two hours before his scheduled 6 p.m. lethal injection.

Attorneys for the state argued Wilson’s claim was based on a single 2004 test that may have been faulty and that his mental impairment claim wasn’t supported by other tests and assessments of him over the years.

Wilson was convicted of murdering 21-year-old Jerry Williams in November 1992, several days after police seized 24 grams of cocaine from Wilson’s apartment and arrested him. Witnesses testified Wilson and another man, Andrew Lewis, beat Williams outside of a convenience store in Beaumont, about 80 miles east of Houston. Wilson, who was free on bond, accused Williams of snitching on him about the drugs, they said.

Witnesses said the Wilson and Lewis then abducted Williams, and neighborhood residents said they heard a gunshot a short time later. Williams was found dead on the side of a road the next day, wearing only socks. He had been severely beaten and shot in the head and neck at close range.

Wilson was arrested the next day when he reported to his parole officer on a robbery conviction for which he served less than four years of a 20-year prison sentence. It was the second time he had been sent to prison for robbery.

At Wilson’s capital murder trial, Lewis’ wife testified Wilson confessed to the killing in front of her, her husband and his own wife.

“Don’t be mad at Andrew because Andrew did not do it,” Lewis’ wife said Wilson told them. “I did it.”

Lewis received a life prison term for his involvement.

In Wilson’s Supreme Court appeal, lead lawyer Lee Kovarsky said Wilson’s language and math skills “never progressed beyond an elementary school level,” that he read and wrote below a second-grade level and that he was unable to manage his finances, pay bills or hold down a job.

In its 2002 ruling outlawing the execution of the mentally impaired, the Supreme Court left it to states to determine what constitutes mental impairment.

Kovarsky argued Texas was trying to skirt the ban by altering the generally accepted definitions of mental impairment to the point where gaining relief for an inmate is “virtually unobtainable.”

State attorneys said the court left it to states to develop appropriate standards for enforcing the ban and that Texas chose to incorporate a number of factors besides an inmate’s IQ, including the inmate’s adaptive behavior and functioning.

Edward Marshall, a Texas assistant attorney general, said records show Wilson habitually gave less than full effort and “was manipulative and deceitful when it suited his interest,” and that the state considered his ability to show personal independence and social responsibility in making its determinations.

“Considering Wilson’s drug-dealing, street-gambler, criminal lifestyle since an early age, he was obviously competent at managing money, and not having a 9-to-5 job is no critical failure,” Marshall said. “Wilson created schemes using a decoy to screen his thefts, hustled for jobs in the community, and orchestrated the execution of the snitch, demonstrating inventiveness, drive and leadership.”

Wilson’s lawyers also argued that additional DNA tests should be conducted on a gray hair from someone white that was found on Williams’ body, suggesting someone else killed him. Wilson, Williams and Lewis are black.

Ed Shettle, the Jefferson County assistant district attorney who prosecuted Wilson, dismissed the theory of another killer as a “red herring.”

“There was some testimony Marvin said: ‘We’re going to show you what happens to snitches around here,’” Shettle said.

At least seven other prisoners in the nation’s most active death penalty state have execution dates in the coming months, including one later this month.

Copyright 2012 The Associated Press.

  • A group of black people in a church holding up Chick-Fill-A bags
    Next Story:

    Blacks supporting Chick-Fil-A: Is eating chicken as an expression of religious faith taking things too far?

  • People rally outside of city hall in opposition to a proposed stop-and-frisk policy in San Francisco, Tuesday, July 17, 2012. (AP Photo/Marcio Jose Sanchez)
    Previous Story:

    San Francisco mayor ends stop-frisk consideration

Filed in: News | Related Topics: Death Row, Execution, IQ, Lethal Injection, Low IQ, Marvin Wilson, Mentally Disabled, Mentally Retarded, Supreme Court, Texas
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Eminem’s publisher sues Facebook over song usage Eminem’s publisher sues Facebook over song usage
    • Court decision pending in NYPD stop-and-frisk case Court decision pending in NYPD stop-and-frisk case
    • Farai Chideya: Journalism is heading for ‘GOP-style problems’ Farai Chideya: Journalism is heading for ‘GOP-style problems’
    • Biggie would have been 41 today Biggie would have been 41 today
    • Beyoncé’s ‘Grown Woman’ single leaked online
    • Thunder stars show support for tornado victims
    • Will Kanye’s marketing blitz backfire?
    • Obama pledges urgent aid to Oklahoma town
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Maryland Lt. Gov. Anthony Brown (L) holds ten-month-old Natalie Vincent (2nd L), daughter of House Speaker Michael Busch's senior policy adviser Jaclyn Vincent, as Gov. Martin O'Malley (R) looks on after he signed the state's recently passed same-sex marriage bill into law during a ceremony at the Maryland State House March 1, 2012 in Annapolis, Maryland. The law is expected to face a referendum in the November election before it goes into effect in January, 2013. (Photo by Alex Wong/Getty Images)

    2014 could be a banner year for black candidates

  • Supreme Court won't get involved in Mississippi redistricting

  • Obama to Morehouse grads: Set an example

  • Glenn Beck: NAACP ‘a joke’, Tea Partiers like ‘white lynching victims’

» Read More in Politics

Business

  • Tiger Woods

    Tiger Woods makes a comeback on the course, and in video game sales

  • A timeless classic: Top career lessons from ‘The Great Gatsby’

  • Boyz II Men appear in new Old Navy commercial

  • An open letter to PepsiCo on the Mountain Dew ad

» Read More in Business

Living

  • The Essence Festival

    Essence, MSNBC unite for live coverage of the 2013 Essence Fest

  • Black anti-abortion activists see 'houses of horror' everywhere

  • Charmin bear charms autistic boy

  • Candice Glover’s Gullah roots

» Read More in Living

Inspiration

  • Graduate Frederick Anderson stands in the pouring rain as President Barack Obama acknowledges him during his Morehouse College 129th Commencement ceremony address Sunday, May 19, 2013, in Atlanta. After a difficult childhood Shelton graduating Phi Beta Kappa and is on his way to Harvard Law School. (AP Photo/Carolyn Kaster)

    Obama speech makes Morehouse grads 'proud'

  • Twins named Spelman valedictorians

  • DC Central Kitchen helps people struggling to join workforce

  • Man refuses to let disability hamper ability to teach

» Read More in Inspiration

Entertainment

  • (Photo courtesy of NBC South Florida)

    D-Wade grants girl's prom wish

  • Miguel wipes out on fan at Billboard Music Awards

  • Audra McDonald returns with new CD

  • Leader of Toots and the Maytals injured at concert

» Read More in Entertainment

News

  • Chad 'Ochocinco' Johnson watches the Miami Heat play against the Chicago Bulls in Game Four of the Eastern Conference Finals during the 2011 NBA Playoffs on May 24, 2011 at American Airlines Arena in Miami, Florida. (Photo by Mike Ehrmann/Getty Images)

    Chad Johnson arrested for violating his probation

  • 'Hero' cop who sat beside first lady, facing rape charges

  • Full text: President Obama's Morehouse speech

  • Mourners remember Malcolm X's grandson

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP