Virginia Attorney General Bob McDonnell issued a statement this evening saying he disagrees with Gov. Timothy M. Kaine's decision to commute the death sentence of Percy Levar Walton, who murdered three people in Danville in 1996.

Kaines reason for halting the execution, scheduled for tomorrow night, was that Walton is mentally incompetent.

McDonnell noted that multiple courts reached the conclusion that Walton is not incompetent or retarded.

"The United States Supreme Court has made clear that new evidence of incompetency to be executed may be presented in court when that evidence arises," said McDonnell in the statement. "Nothing has prevented Walton from bringing such evidence to the federal courts for further review in light of the U.S. constitutional standard. Evidence of an inmate's competency is more effectively evaluated by a judicial officer. Thus I respectfully disagree with the Governor's decision that clemency is now warranted in this case."

McDonnell said his thoughts and prayers are with the families of Walton's three murder victims, Jessie and Elizabeth Kendrick, and Archie Moore, Jr.