HARRISBURG, Pa. (AP) — Pennsylvania’s high court says a man convicted of murdering a Philadelphia police officer can’t be executed because he has an IQ of 74.

The state Supreme Court on Tuesday upheld a lower court ruling that Edward Bracey’s below-average intellectual functioning made him ineligible for the death penalty.

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Bracey is serving a life sentence without possibility of parole in the 1991 murder of 21-year-old officer Daniel Boyle.

Boyle’s sister tells the Grand Forks Herald in North Dakota that the ruling was excruciating, unfair and not justice.

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Kathleen Wrigley is the wife of North Dakota Lt. Gov. Drew Wrigley.

The Pennsylvania court voted 4-1 to uphold Judge M. Teresa Sarmina’s January 2014 ruling sparing the 52-year-old Bracey.

The U.S. Supreme Court has barred execution of anyone deemed mentally disabled by a state.

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