A death row inmate who was denied clemency is claiming racism in a lawsuit filed in federal court Friday just moments after the decision by the Texas Board of Pardons and Paroles was announced.
Christopher Young, 47, was convicted in the fatal November 2004 shooting death of San Antonio convenience store owner Hasmukh ‘Hash’ Patel.
Young is set to be executed Tuesday after the board voted 6-to-0 in favor of his death, according to the Houston Chronicle.
The decision to execute was made despite a plea by the victim’s son, Mitesh Patel, to spare his life.
Young argues in the suit that the board violated the 14th Amendment Equal Protection Clause.
He compares the case to that of another convicted killer who was granted clemency recently.
Convicted killer Christopher Young, 47, is suing the Texas Board of Pardons and Paroles claiming he was victim to racism in the board’s 6-to-0 vote in favor of his death. In the lawsuit filed Friday, Young and his attorneys compare the case to that of white man and convicted killer Thomas Whitaker, 38, right, who was granted clemency in February
Young is set to be executed Tuesday
Thomas Whitaker, 38, a white man, was granted clemency in February following a plea by his father, Kent.
Whitaker was the mastermind behind the 2003 murder plot of his younger brother and mother in hopes to obtain $1million inheritance.
His father, the soul survivor of a deadly attack hatched by his son, pushed the state to spare his life.
Just moments before he was scheduled to die by lethal injection, Texas Governor Greg Abbott announced the decision.
In a shocking clemency letter seen on the American-Statesman, Mr Whitaker, 69, revealed he could not bear to see the life of another loved one be taken from him.
Young was convicted in the fatal November 2004 shooting death of San Antonio convenience store owner Hasmukh ‘Hash’ Patel (pictured)
Thomas set up the ambush that killed his mom and brother (both left). His father survived the shooting and, after learning to forgive his son, asked state officials for mercy
‘I have seen too much killing already… I don’t want to see him executed right there in front of my eyes,’ the father said, who is left with the horrific memory of his family who fell dead in front of his eyes.
Young’s attorney David Dow said in a statement to the Chronicle they believe race played a large factor in the decision
‘I know Tricia and Kevin would not want him to be executed. I can’t imagine seeing the last living part of my family executed by the state, especially since all the victims didn’t want that to happen in the first place,’ he said.
Young’s attorneys, David Dow and Jeff Newberry, said in a statement to the Chronicle they believe race played a large factor in the decision.
‘The Board unanimously recommended clemency for Whitaker, but not for Young.
‘This vote is most likely explained by a single variable – a variable the Constitution precludes decisions-makers from taking into account: race.
‘All Young is asking for is that the Texas Board of Pardons and Paroles review his petition for clemency with the same eyes it did Thomas Whitaker’s clemency petition, with no regard for his race.
Abbott may now issue a one-time 30-day reprieve.