Duane Buck (Texas Department of Criminal Justice)

Duane Buck, 48, was to be put to death by lethal injection Thursday evening. He was convicted of shooting to death his former girlfriend, Debra Gardner, 32, and Kenneth Butler, 33, in July 1995.

His lawyers said a question asked during the trial was racially charged and a psychologist’s testimony that black people are more likely to pose a risk to society after prison release did not allow their client to receive a fair trial, according to CBS.

Buck’s lawyers made a similar request to Texas Gov. Rick Perry.

However, the GOP frontrunner was not in Texas Thursday so any stay of execution would fall to the discretion of Lt. Gov. David Dewhurst.

Since Rick Perry took office 11 years ago, 235 convicted killers have been put to death in Texas. Buck would have been the second person to be put to death this week. Steven Michael Woods Jr., 31, was killed by lethal injection Sept. 13 for the murder of two people.

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