AUSTIN (KXAN) — Former police officer Robert Fratta, who was put on death row for killing his wife in a murder-for-hire plot, almost had his execution delayed.

A jury convicted Fratta of hiring two men to kill his estranged wife in 1994 amid a custody battle. He maintained his innocence but was later re-tried and re-sentenced to death in 2009.

While the guilty verdict hasn’t changed since then, a separate case crept in that had the potential to stay his execution.

Fratta and three other Texas death row inmates sued the Texas Department of Criminal Justice, claiming the prison system used expired drugs as part of lethal injections.

Travis County Civil District Judge Catherine Mauzy issued a temporary injunction in that lawsuit that prevented the state from using what she believed was expired pentobarbital, which is the drug Texas uses in its lethal injections. A source familiar with the case told KXAN the suit over pentobarbital has very narrow parameters regarding how the drug is stored and maintained.

The Texas Department of Criminal Justice appealed the injunction. Around 6:30 p.m., a spokesperson said the injunction was vacated, so the execution moved forward.

Criminal defense attorney Alan Bennett, who is not connected to this case, but has experience with death row inmates, said he believes inmates and attorneys will continue to challenge issues regarding the drug and the execution process in the future.

“I would be very surprised if the recent ruling is definitive on answering all these issues, all these questions,” he said.

Fratta was pronounced dead at 7:49 p.m. Tuesday, according to the TDCJ. He did not make a last statement.