05/15/2026
Dear Friends,
Today is a dark day in Texas. Last night, Texas executed its 600th person since the United States first reinstated the death penalty in 1976. His name was Edward Busby, and he was a Black man whom experts agreed had intellectual disability.
The Fifth Circuit Court of Appeals had stayed Mr. Busby's ex*****on but the U.S. Supreme Court vacated the stay at the 11th hour, allowing the ex*****on of Mr. Busby to proceed.
Dissenting from the U.S. Supreme Court's ruling, Justice Jackson wrote: “In capital cases, we rarely intervene to preserve life. I cannot understand the Court’s rush to extinguish it, much less in the circumstances of this case. With respect, I dissent.”
Mr. Busby was from Tarrant County, one of the nation's most aggressive death-sentencing counties. As we documented in our recent report, An Extreme Outlier: Race and the Death Penalty in Tarrant County, the Third Largest County in Texas, Tarrant County has disproportionately targeted people of color for the death penalty—especially Black men.
Mr. Busby’s case exposes so much that is wrong with the Texas death penalty: it targets the most vulnerable populations, especially people with intellectual disability and mental illness; it is infected by racism; and it is isolated to just a handful of counties, where it is driven by the political whims and ideology of the local prosecutors.
Even as we mourn the loss of Mr. Busby, it is important to recognize the broader context surrounding the death penalty in Texas and the growing calls for change. For more context for this sobering moment you can read the Death Penalty Information Center's report on Texas's 600th ex*****on or read the powerful statement from the Texas Coalition to Abolish the Death Penalty.
Texas's killing of Mr. Busby last night is an unconscionable milestone—one that inspires us to keep fighting for fairness and building toward a Texas where justice is truly attainable.
With genuine thanks,
Burke Butler & Randi Chavez
Co-Executive Directors
Texas Defender Service