A death row inmate in South Carolina is scheduled to be the first inmate to be put to death in the state in over 10 years. Richard Bernard Moore, 57, chose to be executed by a firing squad instead of an electric chair. His execution will take place later in the month based on documentation filed on Friday from the court.
Moore is also the first prisoner to have the choice after a law went into motion last year. The law makes the electric chair the default execution, but it also gives the firing squad as an option.
The inmate has served over 20 years on death row. He was convicted of murdering James Mahoney, a convenience store clerk in Spartanburg in 1999. If the execution happens as scheduled, Moore will be the first person to be executed in South Carolina since 2011. He will also be the fourth person in the United States to be executed by a firing squad in almost 50 years.
Firing Squad Executions in the US
Since 1976, only three people were executed by a firing squad in the U.S., according to the Death Penalty Information Center based in Washington. This execution will be the first since Ronnie Lee Gardner in 2010. He was executed in Utah by a firing squad that consisted of five people.
Based on information from the center, only eight states use the electric chair. South Carolina is one of four states that use a firing squad.
Moore wrote that he did not concede that the choices were constitutional or legal. He said that he is very opposed to death by the electric chair and picked the firing squad solely because he had to make a decision.
In his written statement, he explained that he feels the option is going to make him decide between two methods of death that are unconstitutional. He does not plan to have any challenge to the firing squad or electric chairs waived.
The Pause on the Inmate’s Execution
Corrections officials accredit the break to the inability to get the medication that is necessary to perform the lethal injection.
The inmate’s lawyer has asked the South Carolina Supreme Court to put a hold on his execution while a different court decides if the methods he was offered are cruel or unusual punishments. The lawyers argue that prison officials did not put in a hard effort to get ahold of the medication for lethal injection. They argue that they are forcing inmates to make a choice between two barbaric execution methods.
Moore’s legal counsel has also requested that the S.C. Supreme Court hold off on his death so that SCOTUS has the opportunity to review the case. They have requested that SCOTUS decide if the prisoner getting sentenced to death was out of proportion compared to similar crimes. The South Carolina justices rejected an appeal that was similar last week.
Last month, the state’s corrections department said that it completed the development of protocols for firing squads executions. It finished $53,000 in renovations dedicated to the death chamber in Columbia. They installed a metal restraint chair 15 feet from a wall that has a rectangular space. Three prison workers who volunteer for firing squad-style execution will aim their guns at the inmate’s heart.
Moore is one of 35 men on death row in South Carolina. He was originally scheduled for death in 2020, but it was delayed after officials in the prison proclaimed that they could not get the drugs for lethal injection.
Last week, Bryan Stirling, the director of the corrections department, restated that they are still unable to get the drugs. He said that the compound pharmacies and manufacturers that are state-contracted refused to help.
The Inmate’s Murder Trial
In 2001, prosecutors claimed that Moore went into the store to get money for his cocaine addiction and got into an argument with Mahoney. The victim then drew a pistol and Moore fought the gun away from him.
Mahoney then pulled another gun and fired. A gunfight started and Moore was shot in the arm before he shot Mahoney in the chest. The prosecution claimed that a blood trail was left throughout the store. The trail was caused by Moore’s gunshot wound as he looked for money. They stated that he stepped over the body of Mahoney twice, according to NPR.
During the trial, Moore claimed that he acted in self-defense once Mahoney drew his weapon.
Supporters of the inmate have stated that his crime does not warrant the death penalty. The lawyers for his appeal have proclaimed that as he did not bring a gun into the store; there was no way he had intended to murder someone.
In South Carolina, the last person to be put to death was Jeffrey Motts. He was placed on death row after he strangled his cellmate while serving a life sentence for murder.
Written by Marrissa Kay
Edited by Cathy Milne-Ware
Sources:
NPR: A South Carolina death row inmate picks a firing squad over the electric chair
CNN: South Carolina death row inmate chooses to be executed by firing squad over the electric chair; by Elizabeth Wolfe and Andy Rose
ABC News: South Carolina inmate picks firing squad over electric chair; by MICHELLE LIU
Featured and Top Image Courtesy of Mike’s Flickr Page – Creative Commons License
Inline Image Courtesy of NC Dept of Public Safety’s Flickr Page – Creative Commons License
