garcia 85 yacht

• Yachts for Sale
• SYS Yacht Sales
• Garcia 85 FANI

2005 86' 5'' Garcia 85

$ 927,860 usd, bretagne, 53, fr.

• 1-941-365-9095
• Yacht Description

Specifications

Garcia 86' 5'' 85.

A Berret-Racoupeau design, FANI is a Garcia 85 aluminum sloop with a lifting keel. She is exceptionally well built and maintained, as proven by her round the world tour. She had a major refit in 2014 and 2020/21 and is now ready to undertake similar cruising trips.

In short, FANI is a very comfortable, strong and reliable sailing yacht, capable of covering vast distances with ease, as well as anchoring in shallow waters thanks to her lifting keel. She boasts 4 cabins for up to 12 guests onboard if amongst family or friends, or 10 guests if more privacy is desired.

Engines (1)

• Make Volvo - Rebuilt 2020
• Model TAMD 63 P/L – 6 cyl turbo
• Fuel diesel
• Type Inboard
• Total HP 318

SYS Yacht Sales is pleased to assist you in the purchase of this vessel. This boat is centrally listed by Bernard Gallay Yacht Brokerage.

• Category Sail
• Condition Used
• Hull Material Aluminum
• Make Garcia
• Boat Name FANI
• Length Overall 86' 5''
• Model Year 2005
• Beam 22' 10''
• Max Draft 13' 9''
• Fuel Tank 2 x 2500|liter
• Cruising Speed 9 kn
• Builder Name Garcia
• Length 86' 5''
• Length at WaterLine 77' 5''
• Length of Deck 85' 5''
• Fresh Water 1 x 1650|liter
• Range 3,222.18 mi
• Displacement 152,118.96 lb
• Windlass Type Electric
• Drive Up 8' 2''

Similar Yachts For Sale

57' Jeanneau 57 2010

57' Jeanneau 57 2014

56' 5'' Hanse 588 2018

63' Garcia GY 63 - Aluminium Centreboard 2008

57' Southerly 57 RS 2010

70' 3'' X-Yachts IMX-70 2005

65' Maritimo M60 2007

56' Hanse 575 2013

66' 11'' Custom Volvo Ocean 65 volvo 65 VO65 2014

70' 3'' Green Marine IMX-70 2005

75' 11'' Franchini vela 2002

60' Beneteau Oceanis 60 2016

• Event Details

Featured Yachts

Worldwide Search

2005 Garcia 86

Bretagne 53.

SHARE THIS YACHT

David Walters Yachts

Get in touch with a broker.

A Berret-Racoupeau design, FANI is a Garcia 85 aluminum sloop with a lifting keel. She is exceptionally well built and maintained, as proven by her round the world tour. She had a major refit in 2014 and 2020/21 and is now ready to undertake similar cruising trips.

In short, FANI is a very comfortable, strong and reliable sailing yacht, capable of covering vast distances with ease, as well as anchoring in shallow waters thanks to her lifting keel. She boasts 4 cabins for up to 12 guests onboard if amongst family or friends, or 10 guests if more privacy is desired.

This listing is courtesy of the BoatWizard MLS and may be centrally listed with another broker. It is offered as a convenience by David Walters Yachts to its clients and is not intended to convey representation of a particular vessel.

Interested in More Information?

Work with a professional you can trust, join the dwy newsletter, subscribe here.

For the latest yachting news and exclusive updates from DWY

Garcia 85 (2005) for sale in Bretagne, France

£715,583 GBP Listed price €850,000 EUR Tax Paid / Included Get a foreign exchange quote

• Currency Exchange
• Transport It

Introducing the magnificent Garcia 85 sloop, FANI — a masterpiece of nautical craftsmanship manufactured in 2005. Based in the beautiful region of Bretagne, France, this 26.33 metre vessel is an exceptional example of a Berret-Racoupeau design. Constructed from robust aluminium, FANI flaunts a special lifting keel feature, which allows for easy anchorage in shallow waters. FANI has been meticulously maintained over the years and has undergone substantial refits in 2014 and 2020/21, making her well-prepared for worldwide cruising trips with utmost ease and comfort. When it comes to accommodation, FANI is unmatched — offering 4 spacious cabins capable of hosting up to 12 guests for an unparalleled sailing experience. Onboard features are endless: from a fully battened mainsail, generator, and bow thruster to modern comforts like a fresh water maker, air conditioning, and GPS. With an enticing price of just 850,000EUR and a beam length reaching 6.95 metres, FANI is a rare find that blends strength, reliability, and luxury.

About this Garcia 85

A Berret-Racoupeau design, FANI is a Garcia 85 aluminum sloop with a lifting keel. She is exceptionally well built and maintained, as proven by her round the world tour. She had a major refit in 2014 and 2020/21 and is now ready to undertake similar cruising trips.

In short, FANI is a very comfortable, strong and reliable sailing yacht, capable of covering vast distances with ease, as well as anchoring in shallow waters thanks to her lifting keel. She boasts 4 cabins for up to 12 guests onboard if amongst family or friends, or 10 guests if more privacy is desired.

• Cockpit table
• Fresh water maker
• Steering wheel
• Radar reflector
• Bow thruster
• Electric head
• Battery charger
• Log speedometer
• Cockpit cushions
• Air conditioning
• Depthsounder
• Teak sidedecks
• Teak cockpit
• Swimming ladder
• Refrigerator
• Fully battened mainsail
• Navigation center
• Radar detector
• Deep freezer
• Shore power inlet

Contact Information

Find out more information on our website: https://www.bernard-gallay.com/buy-yacht-for-sale/fani 

Retrouvez plus d'informations sur notre site web: https://fr.bernard-gallay.com/buy-yacht-for-sale/fani

BERNARD GALLAY Yacht Brokerage

[email protected]

+33(0)467 66 39 93

Bernard Gallay Yacht Brokerage

Your message has been sent.

Contact Broker/Dealer

By submitting this form, you agree to our Privacy & Cookie Policy

Site protected by Google reCAPTCHA Privacy Policy and Terms of Service  apply

Garcia 85 also found under:

• Garcia France
• Garcia 85 France

Featured articles:

Become a Savvy Boat Buyer

TheYachtMarket Launches #HowToBuyaBoat Campaign ...

Legal Considerations in Yacht Transactions (USA)

Buying a yacht isn't just about stepping ...

Should You Trade in or Sell Your Boat?

Even the best and well-cared-for boats have a...

More Garcia Boats

£227,303 GBP

Listed price €270,000 EUR

View details

£100,182 GBP

Listed price €119,000 EUR

£1,090,211 GBP

Listed price €1,295,000 EUR

£48,828 GBP

Listed price €58,000 EUR

View all Garcia Boats for sale

More boats from this seller

£294,652 GBP

Listed price €350,000 EUR

£3,156,983 GBP

Listed price €3,750,000 EUR

£2,441,400 GBP

Listed price €2,900,000 EUR

£126,279 GBP

Listed price €150,000 EUR

View all 72 boats

Ask for more photos

Email to a friend.

By submitting this form, you agree to our Privacy & Cookie PolicySite protected by Google reCAPTCHA Privacy Policy and Terms of Service  apply

Report this boat

Thank you, your message has been sent.

Why not register your interest in these similar boats?

We will send the following details to the sellers of the selected boats: Your name, email address, phone number (if provided). your country and which boat(s) you are interested in.

Request More Information

Sign up to our newsletter, change units of measure.

This feature requires cookies to be enabled on your browser.

Show price in:

Show lengths, beam and draft in:

Show displacement or weight in:

Show capacity or volume in:

Show speed in:

Show distance in:

FANI : New Central Agency - Sale & Charter

BGYB is delighted to announce that the Garcia 85 FANI is joining our Sales and Charter fleets. Asking price for Sale: 1,195,000 euros. Available for Charter in the Mediterranean Sea this summer.

FANI, a comfortable and strong sailing yacht

This Garcia 86 is a sloop designed by Berret-Racoupeau and built by the famous Garcia shipyard. FANI is a comfortable, robust and reliable sailing boat. She can cover long distances on the open sea, as well as take advantage of the most remote anchorages thanks to her lifting keel. She has 4 cabins for up to 12 guests. After a renovation worth 800 000 euros in 2020, FANI is very well maintained and is ready to sail with a future owner. FANI is also available for charter with crew this summer in the Mediterranean.

Visit FANI's page for more information about this beautiful Luxury Sailing Yacht:

FANI - For Sale

FANI - For Charter

Publié : 22 Janvier 2021

Length : 25.99 m / Passengers : 12

Special features : - Constructed by renowned shipyard GARCIA, and has been exceptionally well maintained- Can comfortably accommodate up to 12 guests in 4 cabins, alongside...

• Boats for Sale

Garcia Yachts for Sale

Receive new listings in your email

Manufacturer

7 New and Used Garcia

Garcia Exploration 45 New Order

United Kingdom

OFFERED BY:

Williams and Smithells New Boats

A boat designed to sail and live aboard both in high latitudes and tropical waters This boat can be built to order for delivery. The Exploration 45 is offered in three layouts: The Standard V...

Garcia Exploration 60

This boat can be built to order for delivery. In response to our clients who, having experienced the Exploration 52, see themselves onboard a larger yacht, Garcia Yachts has once again worked w...

Garcia imoca 60

Split (Croatia)

BERNARD GALLAY Yacht Brokerage

CDK Technologies IMOCA 60 - AUSTRIA ONEhas participated in the Vendee Globewith the skipper Norbert Sedlacek and arrived at 11 th from 30 started boats. There was a major refit in 2011/2012 com...

Bretagne, 53 (France)

A Berret-Racoupeau design, FANI is a Garcia 85 aluminum sloop with a lifting keel. She is exceptionally well built and maintained, as proven by her round the world tour. She had a major refit i...

Garcia 50 PASSOA

Antibes (France)

Power To Sail Limited

Designed by Pierre Frutschi, this Garcia Passoa 50 "Soleil" - built in France in 1997 to exacting specifications. These yachts are loved by serious yachtsman for their robustness and excell...

Garcia Explocat 52

This boat can be built to order for delivery. Developed in close cooperation between the naval architect Pierre Delion and Garcia Yachts, the Explocat 52 is a seaworthy, safe and comfortable bo...

Garcia Exploration 52

This boat can be built to order for delivery. The Exploration 52 is offered in two layouts: The Standard Version comprises of a spacious forward master cabin with a private bathroom and separa...

* Price displayed is based on today's currency conversion rate of the listed sales price.

GARCIA BY MODEL

• Garcia 50 passoa 1
• Garcia 85 1
• Garcia Explocat 52 1
• Garcia Exploration 45 new order 1
• Garcia Exploration 52 1
• Garcia Exploration 60 1
• Garcia Imoca 60 1

GARCIA BY COUNTRY

Garcia by category.

• Garcia Sailing Yachts 5

• {{>productsMenu}} Products
• {{>trendsMenu}} News & Trends
• Catalogs >
• Garcia Yachts >
• News & Trends
• Exhibitions

GARCIA 85 4 Pages

Catalog excerpts

Chantier GARCIA

Chantier GARCIA Atelier Pierre FRUTSCHI CoNCtM & DtSIGN En collaboration avec le designer Pierre Frütschi, nous avons conçu ce voilier de croisière rapide de 85 pieds. Construit au chantier naval GARCIA (France) en alumin- ium haute résistance Sealium, il est équipé d'une quille relevable hydrauliquement afin de garantir, grâce au grand tirant d'eau, quille basse d'excellentes perform- ances sans handicaper ce pur yacht de croisière dans Dans un souci de performance toujours, le plan de voil- ure est important mais facile à manoeuvrer grâce à l'utilisation du foc soient. Dans le petit temps...

Keel Weight: Sail area (with jib): Water maker Fuel capacity: Water Capacity: Pierre Frutschi

Email: [email protected] Email: [email protected] Atelier Pierre FRUTSCHI Email: [email protected]

All Garcia Yachts catalogs and brochures

3 Pages

4 Pages

2 Pages

1 Pages

Archived catalogs

Related Searches

• Marine sailboat
• Cruising sailboat
• Nautical sailing-yacht
• Cruising sailing yacht
• Sailing yacht with open transom
• Lifting keel sailboat
• Sailing yacht with deck saloon
• Aluminum sailing yacht
• Aluminum sailboat
• Ocean cruising sailboat
• Sailing yacht with center cockpit
• Ocean cruising sailing yacht
• Lifting keel sailing yacht
• Manufacturer account
• Buyer account
• Our services
• Newsletter subscription
• AboutVirtualExpo Group

2005 Garcia Garcia 85 Technical Specs

General data about garcia garcia 85.

Dimensions And Wieght

Detailed Specifications

Features And Equipments

Garcia garcia 85.

• Garcia provided us with the latest version of its Garcia 85 service repair manual
• Find All mechanical and electrical parts and accessories of Garcia Garcia 85 Sail here

Garcia Garcia 85 competitors

Texas set to execute Ruben Gutierrez in retired teacher's death on Tuesday. What to know.

Gutierrez was convicted in the 1998 beating death of 85-year-old escolastica harrison, who was targeted because she didn't trust banks and reportedly had $600,000 in cash in her brownsville home.

Texas is set to execute its third death row inmate this year on Tuesday, just two days before Alabama is set to put a man to death. By week's end, the country will have executed 11 death row inmates.

Texas inmate Ruben Gutierrez , 47, is scheduled to die by lethal injection sometime after 6 p.m. CT for the 1998 beating death of 85-year-old Escolastica Harrison , a retired schoolteacher who enjoyed gardening and looking out for migrant families living in the south Texas border city of Brownsville.

Though Gutierrez acknowledges planning to rob Gutierrez with the help of two other men, he maintains that he never expected the night to turn violent and was outside while Harrison was killed.

For Harrison's family, the execution equals justice, though it comes more than 25 years after Harrison was murdered.

Here's what you need to know about the case, Gutierrez and the execution.

Who is Ruben Gutierrez?

Gutierrez is a native of Fort Myers, Florida who moved to Brownsville with his parents and older brother when he was about 8 years old.

He married at the age of 17 when his girlfriend became pregnant, and the couple had two children when Gutierrez was arrested at the age of 21 following Harrison's murder. He's been on death row nearly their entire lives.

"When he was convicted, he told his wife to move on with her life because of his death sentence," according to a report written by Diane Mosnik, a clinical neuropsychologist who evaluated Gutierrez in 2019. "(Gutierrez) explained to this examiner that he didn't want to interfere in his children's lives as he was in prison and they had their own lives to live."

His defense attorneys have argued that his alcoholic father's abuse of Gutierrez, his mother and his brother is a mitigating factor in his crimes and should have helped spare him from the death penalty.

What crime was Gutierrez convicted of?

Gutierrez was convicted in the 1998 beating death of 85-year-old Escolastica Harrison, who was targeted because she didn't trust banks and reportedly had $600,000 in cash in her home, according to court records.

Harrison had been living with her nephew, Avel Cuellar, in 1998. Gutierrez was a friend of Cuellar's and was frequently at Harrison's home socializing and drinking, eventually befriending the 85-year-old and running errands for her, which allowed him to learn about the cash she kept in her home and craft a plan to steal it, according to court records.

On Sept. 5, 1998, Gutierrez and two other men − Rene and Pedro Garcia − went to Harrison's home to rob her. The accounts of what happened in her home vary, with Gutierrez arguing that he waited outside and had no idea things would get violent.

Harrison ended up “face down in a pool of blood” after having been beaten and stabbed 13 times with two screwdrivers, court records say. She had defensive wounds that showed she fought for her life and died from "massive blows to the left side of her face," a medical examiner testified at trial.

Though Gutierrez thought Harrison had $600,000 in the home, it's unclear how much money the men made away with but prosecutors say it was at least $56,000.

A jury found Gutierrez guilty of capital murder in 1999 and sentenced him to death one month later.

Who was Escolastica Harrison?

Escolastica Harrison's nephew told USA TODAY in an interview that his aunt was a caring woman and pillar of her community.

As a third-grade teacher at a poor elementary school filled with the children of migrants, Harrison worked hard to make sure her students learned proper English to set them up for success, her nephew, Alex Hernandez said.

When she wasn't teaching or tending to her plants, she was running a trailer park where she was more than just a landlord, he said.

Harrison cared about her tenants, offering advice, fixing things and occasionally offering diapers to help families in need, Hernandez said. “All of her tenants loved her,” even if she did have scold them every once in a while," he said.

At home, she made summers so much fun for Hernandez and his younger brother.

“She was like, ‘When we get home … you wanna go fishing?’ She had a resaca, you know, a pond  in the back," he said. "She’d tell me, ‘Go fishing. I’m going to call your cousin Robbie and we’re going to make sandwiches. Y’all are going to have fun and play out there.’ That's the kind of person she was."

What has life been like for Gutierrez?

Gutierrez's execution has previously been set six times and then postponed over mostly clerical errors − a process that amounts to torture, his attorney argues in a petition for clemency that the Texas Board of Pardons and Paroles denied on Friday.

Throughout those seven death warrants since 2018, Gutierrez has spent “more than 575 days on death watch.

“Although Mr. Gutierrez relies primarily on his faith in God to cope with this stress, he has reported having a particularly difficult time coping and maintaining his faith and hope because of the emotional ups and downs he has experienced as a result of the numerous changes in his execution warrants,” according to the clemency petition.

What has Gutierrez argued about his death sentence?

Gutierrez's defense attorneys have argued that DNA testing would prove he wasn't inside Harrison's home when she was killed. All their efforts for the testing have been denied.

Gutierrez also argues that a number of other issues make his death penalty unjust, including a lack of evidence, undisclosed evidence by prosecutors, jury misconduct, attorney failure, and coerced confessions, among others according to court documents. 

On top of that, authorities failed to properly investigating a “main alternative suspect,” who knew the victim personally, had just as much access to Harrison, and provided inconsistent statements to authorities, Gutierrez argues.

Cameron County District Attorney Luis Saenz refutes Gutierrez's claims, telling USA TODAY last week that his efforts are merely a “delay tactic.” 

"Justice delayed is justice denied," he said. "I think the public is just frustrated with how long it takes for justice to be served. For Mrs. Harrison and for any victim in these situations."

In court records, his office has argued that Gutierrez's arguments about DNA testing amounted to an "abusive delay."

“Gutierrez purposefully forewent DNA testing at his trial in 1999, and he has leveraged that strategic decision for the last 20 years to delay enforcement of his sentence," prosecutors wrote this month.

When and where will Gutierrez be executed?

Gutierrez is set to be executed by lethal injection sometime after 6 p.m. CT at a state prison in Huntsville, about 70 miles north of Houston. 

What will Gutierrez's last meal be?

Unlike the vast majority of states with the death penalty, Gutierrez has a limited choice when it comes to his last meal.

Gutierrez will choose from a menu available to all inmates in the Huntsville Unit since Texas no longer accommodates last meal requests from condemned inmates, Texas Department of Criminal Justice spokesperson Hannah Haney previously told  USA TODAY.

Who will witness the execution?

It's unclear who will be in the execution chamber but typically a handful of news media members, an inmate's defense attorney, a representative from the state attorney general's office and victim family members attend.

Harrison's nephew, Hernandez, plans to witness the moment Gutierrez is put to death to fulfill a promise he made on his mother’s deathbed. 

“I remember on her deathbed, like the day before she died," he said. "(She told) me to make sure he gets executed." 

When is the nation's next execution?

Gutierrez will be the 10th inmate executed in the nation if his execution proceeds as planned Tuesday.

The nation's 11th execution is set for Thursday in Alabama, when that state is scheduled to execute Keith Edmund Gavin in Alabama for the 1998 killing of William Clayton Jr., a driver for a courier company.

Texas man set to be executed Tuesday for 1998 murder of an elderly schoolteacher

A Texas man convicted of the fatal assault of an elderly retired schoolteacher in her own residence maintains his innocence. He denies participating in the murder and asserts that DNA testing would exonerate him, offering irrefutable proof of his non-involvement in the crime.

Ruben Gutierrez, 47, is set to be executed Tuesday by lethal injection at a state prison in Huntsville, about 70 miles north of Houston. That would make him the third inmate put to death in the state this year and the 10th in the nation.

Gutierrez was convicted in the 1998 beating death of 85-year-old Escolastica Harrison, who was targeted because she didn't trust banks and reportedly had $600,000 in cash in her home in the south Texas border city of Brownsville, according to court records.

Who is Ruben Gutierrez?

According to USA TODAY, at the time of the crime, Gutierrez was a 21-year-old married man and father of two children. He had been working as a security guard at a resort on South Padre Island. His marital journey began at the age of 17 when his girlfriend became pregnant, leading to their marriage.

Gutierrez was born in Fort Myers, Florida, and when he was around 8 years old, his parents relocated the family to Brownsville, along with his older brother. 

The Gutierrez brothers grew up in a low-income house with an alcoholic father who frequently beat both his sons and his wife, who at one point was hospitalized after a nervous breakdown, according to Diane Mosnik, a clinical neuropsychologist who evaluated Gutierrez in 2019.

As a young adult, Gutierrez struggled with behavioral problems in school and with drug use, first trying cocaine at age 13 and eventually progressing to using it on a “near daily basis” up until his arrest, she wrote.

Mosnik diagnosed Gutierrez with post-traumatic stress disorder.

What was Ruben Gutierrez convicted of? 

The victim, Harrison, had been living with her nephew, Avel Cuellar, in 1998. Gutierrez was a friend of Cuellar's and was frequently at Harrison's home socializing and drinking with friends, and befriended the 85-year-old and ran errands for her, eventually learning about the cash she kept in her home and crafting a plan to steal it, according to court records.

On Sept. 5, 1998, Gutierrez and two other men − Rene and Pedro Garcia − went to Harrison's home to rob her. The accounts of what happened in her home vary, with Gutierrez arguing that he waited outside and had no idea things would get violent.

Regardless, Harrison ended up “face down in a pool of blood” after having been beaten and stabbed, court records say. Though Gutierrez thought Harrison had $600,000 in the home, the men made away with at least $56,000.

Gutierrez, now 47, was sentenced to death in 1999 for the stabbing and beating murder of 85-year-old Harrison.

What is Ruben Gutierrez arguing in his appeal? 

In an effort to be exonerated from the murder of Harrison, Gutierrez asserts that DNA analysis of evidence collected at the crime scene can serve as irrefutable proof of his innocence. Among the items submitted for testing are fingernail scrapings, hair strands, articles of clothing, and blood samples.

On top of that, authorities failed to properly investigate a “main alternative suspect,” who knew the victim personally, had just as much access to Harrison, and provided inconsistent statements to authorities, Gutierrez argues.

Cameron County District Attorney Luis Saenz refutes Gutierrez's claims, telling USA TODAY last week that his efforts are merely a “delay tactic.” 

In his ultimately failed clemency petition, Gutierrez argued that jurors never heard about his traumatizing background, and one of his jurors now doesn't want him executed and another juror thinks the DNA testing should be performed.

Gutierrez currently has a petition pending before the U.S. Supreme Court, which is expected to rule on the matter sometime between now and the start of Gutierrez’s execution. 

Only a Supreme Court ruling or a pardon from Republican Texas Gov. Greg Abbott could stop the execution. 

When is Ruben Gutierrez scheduled to be executed? 

Gutierrez is set to be executed by lethal injection on Tuesday, July 16, anytime after 6 p.m. CT. According to USA TODAY, Gutierrez chose a meal from a menu available to all inmates in the Huntsville Unit since Texas no longer accommodates last-meal requests from condemned inmates. 

It is the most common execution method in the country, with jurisdictions employing one, two, or as many as three drugs to put an inmate to death.

One of Harrison’s nephews, Alex Hernandez, plans to witness the moment Gutierrez is put to death to fulfill a promise he made on his mother’s deathbed. 

Supreme Court grants stay of execution for Texas man sentenced to death for 1998 stabbing

HUNTSVILLE, Texas — The U.S. Supreme Court granted a stay of execution for a Texas man on Tuesday, 20 minutes before he was scheduled to face a lethal injection. The inmate has long maintained that DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a 1998 home robbery.

The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the Huntsville, Texas, death chamber for the planned chemical injection.

The 47-year-old inmate was condemned for the 1998 stabbing of 85-year-old Escolastica Harrison at her home in Brownsville. Gutierrez has long has sought DNA testing that he claims would help prove he had no role in her death.

He has long maintained he didn’t kill Harrison, and his attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

The brief order from the high court said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.

Earlier, Gutierrez’s attorneys had asked the Supreme Court to stop the execution arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.

His attorneys argue that various items recovered from the crime scene — including nail scrapings from Harrison, a loose hair wrapped around one of her fingers and various blood samples from within her home — have never been tested.

“Gutierrez faces not only the denial of (DNA testing) that he has repeatedly and consistently sought for over a decade, but moreover, execution for a crime he did not commit. No one has any interest in a wrongful execution,” Gutierrez’s attorneys wrote in their petition to the Supreme Court.

Prosecutors have said the request for DNA testing is a delay tactic and that Gutierrez was convicted on various pieces of evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed. Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime.

In their response to Gutierrez’s Supreme Court petition, the Texas Attorney General’s Office and the Cameron County District Attorney’s Office said state law does not provide “for postconviction DNA testing to show innocence of the death penalty and, even if it did, Gutierrez would not be entitled to it.”

“He has repeatedly failed to show he is entitled to postconviction DNA testing. Thus, his punishment is just, and his execution will be constitutional,” prosecutors said.

Gutierrez’s lawyers have also argued that his case is similar to another Texas death row inmate —  Rodney Reed  — whose case was sent back to a lower court after the Supreme Court in 2023 ruled he should be allowed to argue for DNA testing. Reed is still seeking DNA testing.

Lower courts have previously denied Gutierrez’s requests for DNA testing.

Last week, the Texas Board of Pardons and Paroles voted against commuting Gutierrez’s death sentence to a lesser penalty. Members also rejected granting a 90-day reprieve.

Gutierrez has had several previous execution dates in recent years that have been delayed, including  over issues  related to  having a spiritual adviser in the death chamber . In June 2020, Gutierrez was  about an hour away  from execution when he got a stay from the Supreme Court.

Authorities said Gutierrez befriended Harrison so he could rob her. Prosecutors said Harrison hid her money underneath a false floor in her bedroom closet.

Police charged three people in this case: Rene Garcia, Pedro Gracia and Gutierrez. Rene Garcia is serving a life sentence in a Texas prison while Pedro Gracia, who police said was the getaway driver, remains at large.

The Associated Press

Watch CBS News

Supreme Court grants stay of execution for Texas man seeking DNA test in 1998 stabbing death

Updated on: July 16, 2024 / 8:00 PM EDT / AP

The Supreme Court granted a stay of execution for a Texas man on Tuesday, 20 minutes before he was scheduled to face a lethal injection. The inmate has long maintained that DNA testing would help prove he wasn't responsible for the fatal stabbing of an 85-year-old woman during a 1998 home robbery.

The nation's high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the Huntsville, Texas, death chamber for the planned chemical injection.

The 47-year-old inmate was condemned for the 1998 stabbing of 85-year-old Escolastica Harrison at her home in Brownsville. Gutierrez has long sought DNA testing that he claims would help prove he had no role in her death.

He has long maintained he didn't kill Harrison, and his attorneys have said there's no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

The brief order from the high court said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.

Earlier, Gutierrez's attorneys had asked the Supreme Court to stop the execution by arguing that Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.

His attorneys argue that various items recovered from the crime scene —including nail scrapings from Harrison, a loose hair wrapped around one of her fingers and various blood samples from within her home— have never been tested.

"Gutierrez faces not only the denial of (DNA testing) that he has repeatedly and consistently sought for over a decade, but moreover, execution for a crime he did not commit. No one has any interest in a wrongful execution," Gutierrez's attorneys wrote in their petition to the Supreme Court.

Prosecutors have said the request for DNA testing is a delay tactic and that Gutierrez was convicted on various pieces of evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed. Gutierrez was convicted under Texas' law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime.

In their response to Gutierrez's Supreme Court petition, the Texas Attorney General's Office and the Cameron County District Attorney's Office said state law does not provide "for postconviction DNA testing to show innocence of the death penalty and, even if it did, Gutierrez would not be entitled to it."

"He has repeatedly failed to show he is entitled to postconviction DNA testing. Thus, his punishment is just, and his execution will be constitutional," prosecutors said.

Gutierrez's lawyers have also argued that his case is similar to another Texas death row inmate —Rodney Reed — whose case was sent back to a lower court after the Supreme Court in 2023 ruled he should be allowed to argue for DNA testing. Reed is still seeking DNA testing.

Lower courts have previously denied Gutierrez's requests for DNA testing.

Last week, the Texas Board of Pardons and Paroles voted against commuting Gutierrez's death sentence to a lesser penalty. Members also rejected granting a 90-day reprieve.

Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.

Authorities said Gutierrez befriended Harrison so he could rob her. Prosecutors said Harrison hid her money underneath a false floor in her bedroom closet.

Police charged three people in this case: Rene Garcia, Pedro Gracia and Gutierrez. Rene Garcia is serving a life sentence in a Texas prison while Pedro Gracia, who police said was the getaway driver, remains at large.

• Supreme Court of the United States

More from CBS News

"Rust" armorer wants conviction tossed in wake of dropping of Baldwin charges

DNA breakthrough solves 1963 cold case murder at gas station

Oregon fugitive who escaped in 1994 found in Georgia with stolen identity

Fentanyl, heroin and cocaine found in car muffler at U.S.-Mexico border