Texas court postpones execution of man convicted of killing guard

(Reuters) - A Texas court on Tuesday postponed the execution of a man, hours before he was scheduled to die by lethal injection, to allow additional DNA tests on the weapon he is accused of using to kill a prison guard in 1999. The court in Bee County, Texas, granted Robert Pruett, 35, a stay of execution and said in a court order that DNA testing should be completed by May 28, according to court documents. Pruett was already serving a life sentence in the killing of a neighbor at age 15 when he was convicted of stabbing correctional officer Daniel Nagle to death with a shank at a prison near Beeville, Texas, according to court records. Investigators found a torn up disciplinary note next to Nagle's body. The note accused Pruett of breaking prison rules by taking a sack lunch containing a peanut butter and jelly sandwich into a prison recreation area, court records showed. Neither Pruett's blood nor his fingerprints were found on the murder weapon, nor was Nagle's blood found on Pruett. Attorneys for Pruett, who was convicted in 2002, have argued that he lacked adequate legal representation at sentencing, no physical evidence linked him to the crime and evidence was mishandled. The attorneys also argued that "any number of people could have had motive for wanting (Nagle) dead" because he was preparing to file a grievance that detailed safety concerns and corruption at the prison, according to court documents. Pruett's execution has been delayed twice since 2013 to allow Pruett's attorneys to file appeals and for more DNA tests to be conducted, according to court records. The 5th Circuit U.S. Court of Appeals on Friday had denied a request to halt the execution and Pruett's attorneys had other appeals pending before the U.S. Supreme Court. (Reporting by Brendan O'Brien in Milwaukee; Editing by Sandra Maler)