The execution of Percy Walton has been stayed for 18 months, under an order from Gov. Tim Kaine, who explained that:

I am compelled to conclude that Walton is severely mentally impaired and meets the Supreme Court’s definition of mental incompetence. Because one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it, his execution cannot proceed at this time.

At the same time, it is within the realm of possibility – though unlikely – that Walton’s mental impairment is not permanent. Accordingly, a commutation of his sentence is not appropriate at this time. Rather, continued observation of Walton’s condition over a more extended period of time is the appropriate course of action.

As Vivian Paige rightly notes, pro-death penalty activists will probably slam Kaine for this. I think that Kaine ought to be commended for ignoring the usual public thirst for blood and taking a solid step towards determining whether or not Walton truly is capable of understanding his punishment. I, of course, would rather see the death sentence commuted (I am against the death penalty in all matters), but I think this is a good step, both in the moral and political senses.

For more on this case, and Virginia’s death penalty in general, see Virginians for Alternatives to the Death Penalty.