Texas AG issues response to Nueces County DA's motion to stop John Henry Ramirez execution

The Texas Attorney General's Office filed a letter Friday opposing Nueces County District Attorney Mark Gonzalez's motion to recall a Corpus Christi death row inmate's execution date and death warrant.

The letter, submitted by the chief of the Texas Attorney General's Office Criminal Appeals Division, Edward Marshall, argued that the 94th District Court does not have the authority to rescind John Henry Ramirez's currently scheduled Oct. 5 execution date.

It stated that the court only has such authority under an exclusive set of circumstances.

"And a District Attorney's shifting ethical position is not one of them," the letter stated, referring to Gonzalez's public and firmly held belief that the death penalty is unethical.

Gonzalez, in his April 14 motion, stated that he believes the death penalty should not be "imposed on Mr. Ramirez or any other person" while he remains in office.

Marshall's letter concluded by stating, "If District Attorney Gonzalez does not wish to continue in this proceeding, the undersigned (referring to himself) is willing to step in to represent the State pro tem."

Gonzalez declined to comment on the letter Friday, telling the Caller-Times he does not wish to compromise a pending case.

The April 7 order setting Ramirez's October execution date marked the fourth time an execution date had been set in the case.

The children of homicide victim Pablo Castro also filed an amicus brief on April 26 opposing Gonzalez's motion.

Ramirez, 37, was sentenced to death by the state in 2008 for the fatal stabbing of Castro, a 45-year-old convenience store clerk, during a robbery in Corpus Christi.

Castro's four children, Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr. and Roberto Salcedo Jr., argued in the brief that their family's grief "has been compounded by near decades of delays in carrying out Ramirez’s sentence."

"In the nearly 20 years since Pablo Castro’s murder, his children have prepared themselves for three different execution dates. They have traveled from around the country only to have the executions postponed at the last minute," the brief stated. "Although there is no doubt that Ramirez murdered their father, his children still wait for justice and closure."

Ninety-fourth District Judge Bobby Galvan has yet to make any judgments in the case regarding Gonzalez's motion and Ramirez's scheduled Oct. 5 execution date.

Kailey E. Hunt covers breaking news and public safety in South Texas. Help support more local coverage with a subscription at caller.com/subscribe.