Updated

The father of a Texas man set to die for planning a deadly domestic violence attack in 2003 reportedly asked the state last week to spare his son’s death.

Kent Whitaker survived the attack setup by Thomas Whitaker that left his wife Tricia and his other son Kevin dead. He suffered a bullet wound near his heart, according to Reuters.

“I am going to be thrown into a deeper grief at the hands of the state of Texas, in the name of justice,” Whitaker said in a meeting with David Gutierrez, the chairman of the Texas Board of Pardons and Paroles in Austin, according to the Austin American-Statesman.

Whitaker, relatives and his wife’s family do not want Texas to execute the man, Reuters reported, citing the clemency petition. However, the state has never spared a death row inmate based on the family’s request alone. The panel’s final decision will come Tuesday, two days before the scheduled execution.

Reuters, citing court documents, reported that money may have been the motivating factor for Thomas Whitaker to arrange the murders. Chris Brashear, Whitaker’s roommate, shot the father, mother and brother after the family returned home from dinner.

thomas whitaker

Thomas Whitaker appears in a booking photo by the Texas Department of Criminal Justice in Huntsville, Texas. (Texas Department of Criminal Justice/Handout via Reuters)

Court documents reportedly said Brashear shot Whitaker in the bicep to make it look like it was a random attack.

Two other men involved in the murders helped prosecutors pin the crime on Whitaker as the mastermind behind the attack and were given lesser sentences. Brashear received a life sentence. Prosecutors believe Whitaker is a sociopath and a master manipulator, according to Reuters.

Kent Whitaker’s petition argues that a commutation would spare additional grid and that being a model inmate has earned his son some mercy, according to the Statesman.

“We’re not asking them to forgive him or let him go, we just want them to let him live,” Whitaker said.