New questions are being raised about what is called the Texas 'Law of Parties,' as the state prepares to execute a man for murder, even though it concedes he never killed anybody, News Radio 1200 WOAI reports.

  Jeff Wood was sitting in a car outside the Texaco station on I-10 in Kerrville early in the morning of January 2, 1996.

  Attorney Jared Tyler doesn't dispute that his client was waiting for Daniel Reneau as he was inside shooting clerk Kris Keeran to death with a .22 caliber pistol in a robbery.

  But Wood was convicted under the Law of Parties, which essentially states that anybody who participates in a crime is just as guilty as the person who commits the crime.  So a jury found Wood guilty of murder and sentenced him to death.  He is set to die later this month in Huntsville.

  Wood says Tyler told him that Reneau forced him to participate in the crime, and says the facts bear that out.

  "Jeffrey Wood is an individual who has a well documented intellectual and emotional impairments," Tyler said.  "He had no criminal record until Daniel Reneau came into his life two months before the crime happened."

  Reneau, who was a career criminal, was executed in 2002. 

  But the case has raised questions about whether the state's Law of Parties is fair or even Constitutional.  Wood did not shoot Keenan, he wasn't even in the store when it happened.

  Mark Clements of the Campaign to End the Death Penalty says not only should Wood not be executed, he should be released from prison, because he has already been behind bars for twenty years, longer than the usual sentence for being an accessory to armed robbery in Texas.

  "The shooter, Danny Reneau, has already been executed for this crime. When asked on death row to identify the shooter, Reneau had a one-word reply, 'Me'," Clements said.  "This case is similar to the case of Kenneth Foster, whose death sentence under the Law of Parties was commuted by former Governor Rick Perry in 2007."

  The Texas Law of Parties, also referred to as the Common Purpose Statute, which is Section 7.02 of the state's penal code, says if a person 'solicits, encourages, directs, aids, or attempts to commit the offense, they are criminally liable as well.'  The law is generally used to convict 'crime bosses,' and gang leaders who order crimes to be committed by others, and individuals who hire 'hit men' to commit crimes.

  The law states that a person 'has a legal duty to prevent the commission of a crime.'

  But prosecutors say Wood was more than a passive observer.  They point out evidence at his trial indicated that after Keenan was killed, Wood ran inside the station and removed the surveillance camera.  He later said Reneau forced him at gunpoint to do that.  Both men were arrested later that day.

  The Campaign to End the Death Penalty has asked Texas Gov. Greg Abbott to commute Wood's sentence.