Jamaal Howard, 46, is set to receive a lethal dose of pentobarbital in the first scheduled execution in the US since Tennessee's failed attempt at putting Christa Pike to death last week, DailyStar reports.
Howard was found guilty of capital murder in the 2000 killing of Vickie Swartout, 42, who was shot once in the chest. The execution is scheduled to take place tonight.
Failed execution of Christa Pike
Pike's attorneys said Tuesday (October 6) that she was awake and speaking as she received treatment at a hospital. It is currently unknown if Pike will go through a second execution as Tennessee stopped their schedule after the failed attempt on the teen killer.
Pike, 50, survived two doses of pentobarbital as executioners attempted to put her to death Sept. 30 for the 1995 beating and stabbing death of classmate Colleen Slemmer. Pike is believed to be the only person to survive after lethal injection drugs were administered.
Pike's attorneys said her arms were burned and blistered after the attempted lethal injection and that she is handcuffed to the hospital bed. Her attorneys are set to appear in court Wednesday (October 6) as they are seeking more information from the Tennessee Department of Correction.
"Against all odds, Christa Pike is conscious, speaking, and continues to receive critical medical care," attorneys for Pike said in a statement.
Howard's case and appeal
Howard fatally shot Swartout during the robbery at the store in the small, rural town of Silsbee, located about 100 miles northeast of Houston. Evidence presented at the trial included the store's surveillance video, which showed Howard shooting Swartout.
Howard, who was 20 at the time, took $114 and a carton of cigarettes from the store, according to court records. His attorneys have argued that Howard is intellectually disabled and his execution should be halted. The state said that he has not presented evidence that would show he meets the requirements for a claim of intellectual disability.
He has an appeal to the U.S. Supreme Court pending to stop the execution. The Supreme Court in 2002 had barred the execution of intellectually disabled people. But it has given states some discretion in how they determine such disabilities.
Execution trends in the US
Texas has executed six people so far this year and has two more scheduled after Howard. Despite Pike's case sparked concern over pentobarbital, the state of Texas has not changed plans on using the drug.
Florida has carried out 16 executions so far this year, the most of any state. Most states that allow executions use lethal injection as their primary method.
