US

Texas set to execute Nicaraguan man for 1997 slaying; attorneys argue inmate is incompetent

  • Members of the Nicaraguan Human Rights Center, CENIDH, holds a picture of Nicaraguan Bernardo Aban Tercero during a demonstration against his execution in Managua, Nicaragua, Monday, Aug. 24, 2015.  Tercero, whose age was in dispute during the trial, was sentenced to death in October 2000 in connection with the March 1997 fatal shooting of Robert Berger, 38, a Reagan High School English teacher.  The execution is scheduled for next Wednesday Aug. 26 in Huntsville, Texas. (AP Photo/Esteban Felix)

    Members of the Nicaraguan Human Rights Center, CENIDH, holds a picture of Nicaraguan Bernardo Aban Tercero during a demonstration against his execution in Managua, Nicaragua, Monday, Aug. 24, 2015. Tercero, whose age was in dispute during the trial, was sentenced to death in October 2000 in connection with the March 1997 fatal shooting of Robert Berger, 38, a Reagan High School English teacher. The execution is scheduled for next Wednesday Aug. 26 in Huntsville, Texas. (AP Photo/Esteban Felix)  (The Associated Press)

  • A member of the Nicaraguan Human Rights Center, CENIDH, holds a picture of Nicaraguan Bernardo Aban Tercero during a demonstration against his execution in Managua, Nicaragua, Monday, Aug. 24, 2015.  Tercero, whose age was in dispute during the trial, was sentenced to death in October 2000 in connection with the March 1997 fatal shooting of Robert Berger, 38, a Reagan High School English teacher.  The execution is scheduled for next Wednesday Aug. 26 in Huntsville, Texas. (AP Photo/Esteban Felix)

    A member of the Nicaraguan Human Rights Center, CENIDH, holds a picture of Nicaraguan Bernardo Aban Tercero during a demonstration against his execution in Managua, Nicaragua, Monday, Aug. 24, 2015. Tercero, whose age was in dispute during the trial, was sentenced to death in October 2000 in connection with the March 1997 fatal shooting of Robert Berger, 38, a Reagan High School English teacher. The execution is scheduled for next Wednesday Aug. 26 in Huntsville, Texas. (AP Photo/Esteban Felix)  (The Associated Press)

  • Members of the Nicaraguan Human Rights Center, CENIDH, hold signs against the execution in the U.S. of  Nicaraguan Bernardo Aban Tercero in Managua, Nicaragua, Monday, Aug. 24, 2015.  Tercero, whose age was in dispute during the trial, was sentenced to death in October 2000 in connection with the March 1997 fatal shooting of Robert Berger, 38, a Reagan High School English teacher.  The execution is scheduled for next Wednesday Aug. 26 in Huntsville, Texas.  The sign at right reads in Spanish, "yes to life, no to death. Respect Bernardo's life"(AP Photo/Esteban Felix)

    Members of the Nicaraguan Human Rights Center, CENIDH, hold signs against the execution in the U.S. of Nicaraguan Bernardo Aban Tercero in Managua, Nicaragua, Monday, Aug. 24, 2015. Tercero, whose age was in dispute during the trial, was sentenced to death in October 2000 in connection with the March 1997 fatal shooting of Robert Berger, 38, a Reagan High School English teacher. The execution is scheduled for next Wednesday Aug. 26 in Huntsville, Texas. The sign at right reads in Spanish, "yes to life, no to death. Respect Bernardo's life"(AP Photo/Esteban Felix)  (The Associated Press)

Attorneys for a Nicaraguan man set to be executed for fatally shooting a Houston high school teacher during a robbery more than 18 years ago are contending the man is mentally incompetent to be put to death.

Bernardo Tercero is facing lethal injection Wednesday for the March 1997 shooting of 38-year-old Robert Berger, who was killed as he and his 3-year-old daughter were in a dry cleaners that Tercero came into to rob.

Tercero's lawyers say in a federal appeal his mental incompetence should disqualify him from execution. State attorneys oppose any delay and say he discussed the case clearly in a TV interview.

Prosecutors say the 39-year-old Tercero was in the U.S. illegally at the time of the shooting. He'd be the 11th inmate executed in Texas this year.