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A convicted killer sent to Texas death row won't be executed because of his intellectual disability. A Harris County jury sentenced Tomas Gallo to death in 2004 for raping and murdering his girlfriend's three-year-old daughter. The Texas Court of Criminal Appeals re-sentenced Gallo to life in prison on Wednesday, ruling that "he's too intellectually disabled for execution." The Harris County D-A's office cooperated with the appeals court in reaching the decision.