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RICHMOND, Va. - A Virginia man who whose execution has been pushed back three times because of questions about his mental capacity is scheduled to die Tuesday unless the governor or courts step in again.

Percy Walton, 29, was sent to death row for robbing and killing three neighbors in Danville in 1996. He is set to die by lethal injection at 9 p.m. Tuesday and would becoming the 100th person executed in Virginia since the U.S. Supreme Court reinstated capital punishment in 1976. Only Texas, with 405, has executed more people.

A federal court stopped Walton’s execution in 2003 three days before it was scheduled to allow time to determine if Walton understood he was going to die and why.

In June 2006, Gov. Timothy M. Kaine granted a reprieve two hours before Walton was set to die and ordered an evaluation of his mental condition. That December, Kaine delayed the execution another 18 months.

Kaine, a Roman Catholic, has personal, faith-based objections to the death penalty but five executions have occurred since he became governor in 2006, including one last month. Kaine has yet to commute a death row inmate’s sentence.

Walton’s attorneys say he has not improved.

“His mental condition, in my own opinion, is just as it was if not worse,” Nash Bilisoly said.

Walton’s attorneys claim he suffers from schizophrenia and that he does not understand his execution.

Walton has said that after he is put to death he plans to go to Burger King and maybe ride a motorcycle. But he also has referred to the execution as “the end” and said before his trial that the “chair is for killers.”

The U.S. Supreme Court has ruled it unconstitutional to execute the insane or those with an IQ less than 70, established by the age of 18, who lack basic adaptive skills.

No competency hearing was held before Walton was sentenced to death, and mental evaluations have yielded conflicting results.

Walton scored 90 and 77 on intelligence tests taken when he was 17 and 18, respectively. After he was sentenced to death, Walton’s scores declined.

Several of Walton’s fellow death row inmates told The Associated Press in 2006 that Walton spends his days laughing to himself and talking to voices in his head, and that he is incapable of engaging in any meaningful conversation. Walton’s prison nickname is “Crazy Horse.”

A prison guard once testified that Walton refused to shower, complaining about a man in a white suit sitting on a gray box in his cell. One prison psychiatrist testified that Walton was “floridly psychotic.”

Others question whether it’s all an act. Several jail inmates testified that Walton told them he planned to “play crazy.” Another prison psychiatrist testified that he considered Walton “a mentally limited, street-wise predator.”

Walton pleaded guilty in 1997 to the murders of Jessie and Elizabeth Kendrick, a couple in their 80s, and 33-year-old Archie Moore, an aviation instructor at a nearby college.

The Kendricks’ bodies were found Nov. 26, 1996 in their townhouse, both shot in the head from close range. Archi Moore’s body was found in a closet of his apartment two days later. Police were called to both homes after the victims failed to pick up loved ones who were visiting for Thanksgiving from the airport.

Elizabeth Kendrick’s sister has prepared twice to watch Walton be executed, but said health problems will prevent her from attending this scheduled execution. Irene Jurscaga said she has written to Kaine several times detailing how difficult his decision has been on the family.

“It is sad that this young man has lived as long as he has,” said Jurscaga, 87, of Suffolk.