Mexican Seeks to Avoid Death Penalty in Texas for Killing Police Officer

Less than six weeks—that's how much time Edgar Tamayo has to find a way to avoid his death sentence for murdering a police officer in Texas.

In January 1994, Tamayo, a native of Mexico, was arrested by agent Guy Gaddis after committing a robbery outside a bar in Houston, according to the Associated Press.

In an attempt to escape from the police, Tamayo took a firearm he had kept hidden and fatally shot the officer. Tamayo already had a criminal record and was on parole after committing a previous robbery.

Authorities quickly sentenced him to death, but Sandra Babcock and Maurie Levin, his defense team, claimed that during the arrest Tamayo suffered from mental problems, and noted that he didn't speak English and had no knowledge of his consular rights, important factors for his defense.

Tamayo's lawyers said that he wasn't informed of his right to contact the Mexican government, which might have helped gather more evidence for his defense, and perhaps modify the jury's result.

Seeking to grant some benefit to his sentence, Tamayo's attorneys said that consular relation treaties were not considered during his trial, which could grant him another 150 days to change the date of his execution, according to EFE.

Tamayo's lawyers handed a 29-page petition to authorities noting that according to an international treaty, the Mexican could have received counsel from his country's government before authorities decided his sentence.

The prosecutor for Harris County, Roe Wilson, said that Tamayo received all of the rights and treatment given to any American citizen, and that the Mexican never denied killing Gaddis. Tamayo's execution is scheduled for Jan. 22, 2014 by lethal injection.