South Carolina executes Richard Moore despite widely supported plea for commutation of sentence

COLUMBIA, S.C. — South Carolina executed Richard Moore by lethal injection Friday for the 1999 murder of a convenience store clerk, despite widespread calls for clemency from parties that included three jurors and the judge in the case, a former prison director. , pastors and his family members.

Moore, 59, was pronounced dead at 6:24 p.m.

Moore was convicted of murdering James Mahoney, a Spartanburg clerk, in September 1999 and sentenced to death two years later. Moore entered the store unarmed, took the victim’s gun when it was pointed at him, and fatally shot him in the chest when the victim shot him in the arm with a second gun.

Moore’s lawyers asked Republican Gov. Henry McMaster to commute his sentence to life without parole because of his spotless prison record and willingness to be a mentor to other inmates. They also said it would be unfair to execute anyone for what could be considered self-defense, and it was unfair that Moore, who was black, was the only inmate on the state’s death row convicted by a jury without any African Americans.

But McMaster refused to grant clemency. In the letter, he did not explain the reason, but said that he had reviewed all the materials presented by Moore’s lawyers and had spoken with the victim’s family.

No South Carolina governor has commuted the death sentence, and the state has now carried out 45 executions since the U.S. Supreme Court allowed states to resume them nearly 50 years ago.

Unlike previous executions, when media witnesses arrived, the curtain on death row was open. Moore’s last words were already read by Lindsey Vann, his lawyer with 10 years of experience.

Moore’s eyes were closed and his head was directed towards the ceiling. A prison official announced that the execution could begin at 6:01 p.m. Over the next minute, Moore took several deep breaths that sounded like snoring. He then took several shallow breaths until about 6:04 a.m., when his breathing stopped. Moore showed no obvious signs of discomfort.

Vann cried as the officer announced the execution could begin. She was clutching a prayer bracelet with a cross. The spiritual guide sat next to her with his hands on his knees, palms up.

Also present were two family members of the victims, as well as defense attorney Barry Barnett, who was on the prosecution team that sentenced Moore. Everyone watched stoically.

Prison spokeswoman Christy Shane then read his final words at a news conference.

“To the family of Mr. James Mahoney, I am deeply sorry for the pain and sadness I have caused you all,” he said. “To my children and granddaughters: I love you and am so proud of you. Thank you for the joy you brought into my life. To all my family and friends, new and old, thank you for your love and support.”

His last meal was medium rare steak, fried catfish and shrimp, scalloped potatoes, green peas, broccoli and cheese, sweet potato pie, German chocolate cake and grape juice.

Three jurors who sentenced Moore to death in 2001, including one who wrote “Friday,” sent letters to McMaster asking him to change the sentence to life in prison without parole. They were joined by former state prison director Judge Moore, his son and daughter, a half-dozen childhood friends and several pastors.

They all said Moore, 59, was a changed man who loved God, doted on his new grandchildren as best he could, helped guards keep the peace and mentored other inmates after his drug addiction clouded his judgment and led to a shooting spree in which Mahoney was killed, according to the clemency petition.

“He posed no danger to anyone, and the state has removed a shining example of reform and rehabilitation,” the law firm Justice 360, which represented Moore, said in a statement. “By killing Richard, the state also created more victims. Richard’s children are now left without a father, and his grandchildren will have to grow up without their “Pa-Pa”.

Moore previously had two execution dates postponed as the state grappled with problems that led to a 13-year pause in the death penalty, including companies refusing to sell lethal injections to the state, a hurdle that was resolved by passing a secrecy law.

Moore is the second inmate executed in South Carolina since executions resumed. Four more people cannot be appealed, and the state appears poised to execute them every five weeks until the spring. There are currently 30 people on death row.

Before the execution, the governor said he would carefully consider everything Moore’s lawyers sent and, as usual, would wait a few minutes before the execution began to announce his decision after hearing that all appeals had been completed.

“Mercy is a matter of grace, a matter of mercy. There is no standard. There is no real law on this,” McMaster told reporters on Thursday.

Prosecutors and Mahoney’s relatives did not speak publicly in the weeks leading up to the execution and have not spoken since. In the past, family members have said they were deeply hurt and wanted justice to be served.

Moore’s lawyers said his original lawyers did not thoroughly analyze the crime scene and left unchallenged prosecutors’ contention that Moore, who arrived at the store unarmed, shot at the customer and that his intent all along was robbery.

They say the clerk pulled a gun on Moore after they argued because he was 12 cents short on something he wanted to buy.

Moore said he wrestled the gun out of Mahoney’s hands and the clerk pulled out a second weapon. Moore was shot in the arm and returned fire, hitting Mahoney in the chest. Moore then went behind the counter and stole approximately $1,400.

According to Moore’s current lawyers, no one on death row in South Carolina began their crime unarmed or without the intent to kill.

John Ozmint, a former prosecutor who was director of the South Carolina Department of Corrections from 2003 to 2011 and joined those asking for clemency, said Moore’s case was not the worst of the worst crimes that typically prompt a death penalty case.

There are many people who were not sentenced to death but committed much worse crimes, Ozmint said, citing the example of Todd Kohlhepp, who was sentenced to life in prison after pleading guilty to killing seven people, including a woman who he raped and tortured for several days. .

Lawyers for Moore, who is Black, also said he received an unfair trial. There were no African Americans on the jury, although 20% of Spartanburg County residents were black.

“This execution highlights the shortcomings of South Carolina’s death penalty system. The question of who will be executed and who will remain in prison for the rest of their lives depends on little more than chance, race or status. It is intolerable that our state imposes capital punishment in such a haphazard manner,” Justice 360 ​​said.

Copyright: NPR 2024