he isn’t being charged with capital murder under TX law https://law.justia.com/codes/texas/penal-code/title-5/chapter-19/section-19-03/
and he was under 18 when he did it so SCOTUS says TX can’t put a needle in his arm anyway(http://www.autoadmit.com/thread.php?thread_id=5871736&forum_id=2),#49919746)