MIAMI(CBSMiami) — The Florida Supreme court denied a stay of execution Friday for the convicted killer of 9-year-old Jimmy Ryce .
Juan Carlos Chavez is still set to be executed on February 12th.
Chavez’s attorney’s filed the second motion on January 9th. In the motion, Chavez asked the circuit court judge to stay the execution while he pursued his claims in Federal court. He also challenged the constitutionality of the lethal injection in Florida, according to the documents. He then claimed that he was denied due process during the clemency proceedings.
After a hearing, the circuit judge denied all the claims and rejected Chavez’s request.
Governor Rick Scott signed the death warrant for Chavez earlier this month.
On September 11, 1995, Ryce was dropped off by his school bus near his home in the Redland. Before Jimmy made it home, Chavez abducted him, ordering him at gunpoint into his truck. Chavez drove Jimmy back to his trailer, where he ordered Jimmy to remove his clothes and then sexually battered him. Chavez held Jimmy captive for over three and one-half hours before Chavez shot and killed Jimmy when he tried to escape
Two days after the murder, Chavez dismembered Jimmy’s body, filled three planters with Jimmy’s remains, and sealed the planters with concrete.
Chavez was arrested three months later after Jimmy’s book bag was seized in his trailer. He was convicted in 1998.
The father of Ryce said he will attend the execution of his son’s killer.
“There is sense of relief, there is sense that the world is not quite right so long as that man still lives and so many of my family are dead,” Ryce said.