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 to execute Christa Pike last week. Howard was found guilty of capital murder in the 2000 killing of Vickie Swartout, 42, who was shot once in the chest.
Failed execution of Christa Pike
Pike, 50, survived two doses of pentobarbital as executioners attempted to put her to death on 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 Tuesday (October 6) that she was awake and speaking as she received treatment at a hospital. They also 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 seek 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. It is currently unknown if Pike will face a second execution as Tennessee stopped their schedule after the failed attempt.
Details of the 2000 killing
Howard fatally shot Swartout during a robbery at a store in the small, rural town of Silsbee, located about 100 miles northeast of Houston. Evidence presented at 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 he has not presented evidence that would show he meets the requirements for a claim of intellectual disability.
Appeal and execution schedule
Howard has an appeal to the U.S. Supreme Court pending to stop the execution. The Supreme Court in 2002 barred the execution of intellectually disabled people, but it has given states some discretion in how they determine such disabilities.
Texas has executed six people so far this year and has two more scheduled after Howard. Despite Pike's case sparking 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.
