HOUSTON (AP) Texas' highest criminal court has overturned the death sentence of a man who was convicted of capital murder after having been accused of shooting five people, including his mother and aunt.
The Texas Court of Criminal Appeals did not reverse Charles Brownlow's conviction in the murder of Luis Gerardo Leal-Carrillo, a convenience store clerk.
But in an opinion issued Wednesday, the court says the trial jury in North Texas' Kaufman County wasn’t properly told how to determine whether Brownlow, 42, had an intellectual disability.
Prosecutors aren't commenting on whether they'll seek a new hearing since the case is pending.
Brownlow is accused of killing his 61-year-old mother on Oct. 28, 2013 in Terrell during an argument about whether she would continue to pay for his cellphone service.
After shooting her in the head he set fire to her home and left in her car.
He’s then accused of driving to the home of his aunt whom he shot and killed after kicking in the door.
That night he drove to the home of two friends, a man and a woman whom he also shot to death.
And then he went to a convenience store where he killed Carrillo.