HOUSTON (AP) — A Nicaraguan man sent to Texas death row for fatally shooting a customer during a robbery at a Houston-area dry cleaning store has lost a U.S. Supreme Court appeal that contended he was under 18 at the time of the slaying, making him ineligible for the death penalty.
Prison records show 36-year-old Bernardo Tercero gunned down Robert Berger during a struggle more than 17 years ago as Berger's three-year-old daughter stood nearby. Tercero and a companion then fled with two cash registers.
Tercero wound up in Nicaragua and was returned to Texas to face trial.
Tercero had conflicting birth certificates. He insisted the accurate one showed he was younger than 18 at the time of the shooting. The Supreme Court, without comment Monday, refused to review his case.