Jamaal Howard, 46, has become the first US death row inmate to be executed since Christa Pike survived two doses of the lethal injection. He was pronounced dead at 8:03pm local time on Wednesday after receiving a fatal dose of pentobarbital at the state prison in Huntsville, Texas.
Howard was convicted of capital murder in the 2000 killing of Vickie Swartout, 42, who was shot once in the chest during a store robbery. Evidence presented at the trial included the store's surveillance video that showed Howard shooting Swartout.
Howard, who was 20 at the time, took $114 and a carton of cigarettes from the store in the small, rural town of Silsbee, about 100 miles (160 kilometers) northeast of Houston, according to court records.
Legal challenges before execution
Because Texas planned to inject the same drug used in Pike's attempted execution — pentobarbital — Howard's attorneys argued to the Texas Court of Criminal Appeals that the drug poses similar risks. They also raised concerns about the quality of the state's execution drugs. The court denied the stay request without elaboration.
Prior to his execution, his attorneys also argued that Howard is intellectually disabled and his execution should be halted. The state said that he has not presented evidence showing he meets the requirements for a claim of intellectual disability.
Final moments and apology
On Wednesday, Howard was described as "chatty" during the 45-mile (70-kilometer) drive from the death row prison to the Huntsville Unit where executions are carried out, said Amanda Hernandez, a spokesperson for the Texas Department of Criminal Justice.
"He made small talk with the officers through the whole trip," she said. Once inside the Huntsville prison, he was taken to a small holding cell near the death chamber and remained talkative. "He was asking questions and was very engaged in the process," Hernandez added.
Asked by the warden if he had a final statement, Howard apologised profusely to members of his victim's family who watched through a window. "I wish that you accept my apology and I wish for your forgiveness," he said, shortly before the injection got underway. "I'm sorry for what happened. I wish you can learn to forgive me one of these days."
He also thanked his friends and family and said he loved them, adding he was "in a good state of mind to find peace and the Lord, so I thank y'all." He concluded with: "Hey, enjoy life, and peace to y'all."
His sister was among witnesses watching through a window from an adjacent room and became distraught, exclaiming several times: "Get me out of here." She was assisted by corrections officers in exiting the witness room.
Context of Pike's failed execution
His death comes against the backdrop of last week's failed attempt to execute Pike in Tennessee. The 50-year-old survived after officials administered two sets of syringes containing pentobarbital during the September 30 procedure.
Pike was later taken to hospital, where her lawyers revealed this week that she had regained consciousness and was able to speak. Her legal team said the failed execution caused severe damage to her arms after officials repeatedly struggled to establish IV access.
They have claimed the lethal drug entered surrounding tissue instead of being properly delivered into her bloodstream, leaving her with swelling, burns and blistering. Pike's attorneys said: "Against all odds, Christa Pike is conscious, speaking, and continues to receive critical medical care."
"Despite the severe damage she endured to her arms, she is still handcuffed and shackled to the bed. Her recovery is medically unprecedented. Her prognosis remains unclear but, at a minimum, we expect a long recovery."
