Convicted cop killer Brandon Daniel wants to fast track his execution. He was back in court Friday to formally make that request, which was put on hold.
Brandon Daniel's Appellate attorneys left court Friday morning still determined to prevent his execution. The hearing was brought about by a letter written by Daniel back in February. He notified Judge Brenda Kennedy that he wanted to represent himself in order to make his death happen much sooner than planned.
"The fact that he wanted to do this, did catch us by surprise," said Assistant Travis County D.A. Gary Cobb.
As Lead Prosecutor, Gary Cobb last year, - convinced a jury that Brandon Daniel should be sentenced to death for killing APD officer Jaime Padron.
"I have no qualms whatsoever about whether we took the right path and how we have handled this case," said Cobb.
The incident happened inside a north Austin Walmart in 2012. Daniel was intoxicated and officer Padron was shot while trying to take him into custody.
"I think he has always felt the weight of what he has done," said Austin attorney Brad Urrutia.
For the Capital Murder trial Urrutia was Brandon Daniel's original defense attorney. The request to fast track the Death Sentence does not come as a surprise for Urrutia.
"It's a tragedy for the community I don't think he wants the suffer any more I don't think he wants his family to suffer anymore because I think it's been hard all around."
Officer Padron had an ex-wife and two daughters.
"I spoke with them through our Victim's Witness Counselor, and they understood the process that's going on they would like the judge do what the defendant is asking the judge to let him do," said Cobb.
News cameras were not allowed in court when Brandon Daniel told Judge Brenda Kennedy he is currently taking Anti-Depression medication and that he fully understands what he is asking for. But the Judge was not convinced and decided he should undergo a mental evaluation before she makes a ruling.
A ruling could come by the end of next week. If the request is allowed, it will not be a go straight to the death chamber decision. Daniel's automatic appeal cannot be stopped. The process, however, could move faster if he is able to represent himself because it's expected he would not file any delaying motions. Its speculated his execution would still take about 2 years.
Brandon Daniel made no apology in his letter or during the Friday morning court appearance- but prosecutors say he did seem sincere.
"I think he is contrite about that, and I think being an extremely intelligent person who has made the decision to rather spend the rest of his life living with the consequences of what he has done, he would rather suffer the consequence of what he has done," said Cobb.