The U.S. Supreme Court Monday refused to hear the appeal of a Commerce man, convicted of capital murder for killing of one of the city’s code enforcement officers 10 years ago.
In January the 5th U.S. Circuit Court of Appeals rejected the formal appeal from Adam Kelly Ward of his 2007 conviction. Ward's attorneys had argued Ward's trial counsel was deficient. The court also denied a writ of habeas corpus filed in Ward's behalf last year.
In the writ, Ward contended his 2007 conviction and death sentence were unconstitutional because he received ineffective assistance of trial counsel, was not tried by an impartial jury, and is severely mentally ill.
The court reviewed the case and in a 63-page opinion denied the writ in a unanimous ruling, also noting Ward failed to make a substantial showing of the denial of a constitutional right.
Ward’s defense counsel then filed the formal appeal with the court, which was the basis of this week's ruling.
The Texas Court of Criminal Appeals, in February 2010 ruling, also denied an appeal raised by Ward, who was convicted of capital murder involving the shooting death of Michael “Pee Wee” Walker.
Walker was working as a code enforcement officer for the City of Commerce and shortly after 10 a.m. on June 13, 2005 he was taking photos of alleged code violations at the home where Ward lived on Caddo Street. The two engaged in a verbal altercation, which ended when Ward shot Walker as many as nine times with a .45 caliber semi-automatic pistol.
In order to have been convicted of capital murder, the prosecution had to show Ward knowingly and intentionally either obstructed Walker’s ability to do his job or retaliated against Walker for doing his job as a public servant, while in the course of committing the killing.
Defense attorneys attempted to show Ward may have been psychotic and suffering from paranoid delusions at the time of the shooting.
Ward was found mentally competent to stand trial in a separate hearing which occurred even as a jury was being impaneled to consider guilt or innocence on the capital murder charge.
Ward does not currently have an execution date scheduled.