HUNTSVILLE, Texas (CBSDFW.COM/AP) — The Texas Board of Pardons and Paroles unanimously has refused a clemency request from a Texas prisoner set for execution this week for the shooting deaths of a 5-year-old girl and her grandmother at a home in Fort Worth a decade ago.

The deadly shooting happened during a children’s birthday party.

The six-member panel rejected convicted killer Erick Davila’s request for a 30-day reprieve from his scheduled Wednesday lethal injection and also refused to recommend his death sentence be commuted to life.

erick Parole Board, Appeals Court Wont Stop Wednesday Execution Of Fort Worth Man

Erick Davila. (credit: Texas Dept. of Criminal Justice)

Also Monday, the 5th U.S. Circuit Court of Appeals refused to allow his attorneys to file a new appeal focusing on claims that Tarrant County prosecutors improperly withheld some evidence from Davila’s trial lawyers.

That issue also is among several in an appeal before the U.S. Supreme Court for the 31-year-old former Fort Worth street gang member.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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