South Carolina inmate Richard Moore was executed by lethal injection on Friday for the 1999 murder of a convenience store clerk, despite widespread appeals for clemency.
Moore was the second person to be executed in the state in just over a month after a 13-year pause, prompted by difficulty obtaining drugs for its lethal injection protocol. The 59-year-old was pronounced dead at 6:24 p.m. after Governor Henry McMaster and the Supreme Court denied his request to halt the execution. Two years ago, in discussing Moore's case, Republican McMaster said he wouldn't issue a commutation.
As the execution began, Moore was strapped to a gurney, with a blanket covering most of his body. Witnesses said he faced the ceiling with his eyes closed as the lethal drug entered his body, before taking between four and six deep gasping breaths, The State reported.
Witnesses included two family members of James Mahoney, Moore's lawyer, Lindsey Vann, his spiritual adviser, three journalists, an official from the South Carolina Department of Corrections, a South Carolina Law Enforcement Division agent and Spartanburg Solicitor Barry Barnette, who played a role in prosecuting Moore in 2001. Barnette and members of Mahoney's family stared stoically ahead as Moore took his last breaths, according to The State. Outside, roughly 40 people, including an attorney who represented Moore, opponents of the death penalty and members of the clergy held a prayer vigil.
In a final statement, which was read at a news conference, Moore said: "To the family of Mr. James Mahoney, I am deeply sorry for the pain and sorrow I cause you all. To my children and granddaughters, I love you and am so proud of you. Thank you for the joy you have brought to my life.
"To all of my family and friends — new and old — thank you for you love and support."
His final meal was steak cooked medium, fried catfish and shrimp, scalloped potatoes, green peas, broccoli with cheese, sweet potato pie, German chocolate cake and grape juice.
Moore was the last person remaining on South Carolina's death row to be convicted by a jury with no Black members, his defense attorneys say. He is also believed to be the only person in the history of South Carolina's death penalty executed for an armed robbery who did not bring the fatal weapon to the scene.
Moore was found guilty of killing convenience store clerk Mahoney during a 1999 robbery in Spartanburg County. According to prosecutors, Moore entered the store without a weapon and managed to wrestle away Mahoney's handgun, which he drew after getting into an altercation with Moore because he was 12 cents short. Mahoney then reached for a second firearm, shooting Moore in the arm, but Moore responded by fatally shooting Mahoney in the head. Prosecutors said Moore then fled the scene with a bag containing over $1,400 in cash.
Prosecutors accused Moore of robbing the store to fund his crack addiction. However, over the years, Moore maintained that he was there to buy beer and cigarettes. In 2001, he was sentenced to death.
Unsuccessful Appeals
Moore appealed his sentence several times, most recently on the basis that prosecutors impermissibly struck two Black jurors because of their race in his 2001 murder case, which the state denied. In 1986, the Supreme Court ruled that prosecutors cannot strike a potential juror based solely on race. If challenged, the state must state a "race-neutral" reason for excluding the candidate.
Trey Gowdy – a prosecutor in Moore's case who later served four terms as a Republican congressman – told the judge one Black jury candidate was struck primarily for allegedly hiding her criminal record during questioning, while another was excluded because their son had been convicted of murder. Gowdy noted that a white juror with a similar family situation had also been removed. Additionally, he pointed out that the final jury included a Hispanic member.
But in a brief filed Tuesday with the Supreme Court, the South Carolina attorney general argued it was too late for Moore to raise the issue of jurors' race because it had not been mentioned in earlier appeals. They argued Moore killed Mahoney in self-defense.
His appeals gained national attention, with more than 20 people – including two jurors, the judge from Moore's original trial and a former director of the state prison system – asking McMaster to spare Moore's life by granting him clemency, The Associated Press reported.
Moore's son, Lyndall, who was four when his father was charged, also argued that his father deserved mercy.
"He's not some sort of monster," Lyndall told The State. "He's just a guy who struggled, but always a guy with a good heart, you know, a normal guy trying to be a good father."
In prison, Moore reportedly became a devout Christian, dedicated himself to mentoring other inmates and took up painting. He also encouraged his children to avoid his own missteps.
Former Department of Corrections Director Jon Ozmint described Moore as a "reliable, consistent force for good on death row," according to The State, and argued that commuting Moore's sentence could serve as a powerful example of redemption. Ozmint added: "Perhaps the most compelling reason to commute Richard's sentence is precisely because he is at peace with whatever decision you reach."
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