Court Stops Execution Of Dallas Man Who Killed His Kids

This undated handout photo provided by the Texas Department of Criminal Justice shows John David Battaglia. Enraged over his ex-wife going to police about his repeated harassment and likely arrest, Battaglia used a May 2001 visit with their two young daughters to avenge his anger. As their mother helplessly listened on the phone to one of the girls cries, he fatally shot them both at his Dallas apartment. On Wednesday, March 30, 2016, Battaglia is set for lethal injection for the slayings. (Texas Department of Criminal Justice via AP) — This undated handout photo provided by the Texas Department of Criminal Justice . (Texas Department of Criminal Justice via AP)

DALLAS (WBAP/KLIF News) The 5th Circuit Court of Appeals has granted a stay of execution for a Dallas father convicted of killing his six and nine year old daughters 15 years ago as their mother listened on the phone. 60 year old John Battaglia was set for lethal injection tonight in Huntsville. Had it gone through, he would have been the sixth person executed in Texas this year.

An attorney seeking to represent Battaglia has asked federal courts, including the U.S. Supreme Court, for a reprieve so Battaglia’s mental competency for execution could be further reviewed. The Supreme Court has ruled a prisoner can be executed if he’s aware of his pending execution and understands why he’s being put to death.

Evidence showed that at the time of the shootings, Battaglia was on probation for a Christmas 1999 attack on his estranged wife Mary Jean Pearle, the girls’ mother. Their divorce was finalized the following August.

Around Easter 2001, he called Pearle, swearing at her and calling her names, a violation of his probation. She reported the incident to his probation officer and Battaglia learned on May 2, 2001, that an arrest warrant had been issued. That evening, Pearle left their daughters with him for a planned dinner.

She soon received a message that one of the girls had called for her. Pearle returned the call and Battaglia put her on speakerphone, telling Faith to ask her mother: “Why do you want Daddy to go to jail?”

Pearle heard the child cry out: “No, Daddy, please don’t, don’t do it.”

Pearle yelled into the phone for the girls to run and heard gunshots, followed by Battaglia telling her: “Merry … Christmas,” the words divided by an obscenity. After hearing more gunfire, Pearle hung up and called 911.

Evidence showed Faith had been shot three times, and Liberty five. A semiautomatic pistol found near the kitchen door was among more than a dozen firearms recovered from Battaglia’s apartment.

Testimony at his trial also showed he’d been violent with his first wife, who obtained a protective order that he ignored by stalking her.

(The Associated Press contributed in part to this story)