Jamaal Howard, 46, is scheduled to die by lethal injection in Texas on Wednesday for the 2000 murder of convenience store clerk Vickie Swartout. He was convicted of capital murder after shooting the 42-year-old once in the chest during a robbery in Silsbee, Texas, in 2000. He was 20 at the time and took $114 (£86) and a carton of cigarettes from the store, according to court records. Surveillance footage showing the shooting was among the evidence presented during his trial.
Last-minute appeals filed
Howard's scheduled execution would be the 30th carried out in the US this year, but his lawyers have lodged two last-ditch appeals seeking to stop it, with one currently pending. His legal team filed an emergency petition with Governor Greg Abbott after Christa Pike's failed execution attempt. They requested a 30-day reprieve to force the Texas Department of Criminal Justice to release detailed information about the drug used on Pike, including prior testing and the results of testing that approved the dosage to be administered.
Speaking of the failed attempt, his attorney Jeff Newberry said: "I’ve had a lot of clients executed... but never one like that... what if that happens to my client? My job is to try to stop it from going ahead."
Intellectual disability claim
Howard's lawyers also argue he has an intellectual disability which should prevent the state from putting him to death. The US Supreme Court ruled in 2002 that executing people with intellectual disabilities is unconstitutional, although states have some discretion over how they determine whether a prisoner meets the criteria. Texas has argued Howard has not presented evidence showing he meets the requirements for a claim of intellectual disability.
If his execution goes ahead, Howard would become the seventh person put to death in Texas this year, with another two executions scheduled in the state after his.
Botched execution backdrop
His scheduled death comes against the extraordinary 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."
Dr Joel Zivot, a professor of anaesthesiology and surgery in Atlanta who consulted as an expert for Pike’s legal team, said it could be weeks or months before the extent of her recovery becomes clear. He said: "She’s still in the ICU. She has recovered to a certain degree that she’s able to be off a ventilator and able to speak, but in no way would I announce her free of further serious risk. There’s still a lot of bad things that can happen here, even when everyone is doing their job well."
Legal proceedings continue
Attention is now also turning to exactly what happened during the failed execution, with Pike’s lawyers due in court on Wednesday as they seek to preserve evidence from the procedure. Her attorneys are seeking a court order requiring the Tennessee Department of Correction to retain evidence including drug lot numbers, records and other information relating to the September 30 attempt. The legal team has also continued to call on Tennessee Governor Bill Lee to commute Pike’s death sentence to life in prison without the possibility of parole. Pike’s attorneys said: "Christa is a survivor and will take recovery one day at a time."
