Texas has carried out the execution of Jamaal Howard, marking the first execution in the United States since Tennessee death-row prisoner Christa Pike survived a failed lethal-injection attempt last week.
Howard, 46, was pronounced dead at 8:03 p.m. local time on October 7 at the state prison in Huntsville, Texas, after receiving a lethal dose of pentobarbital. His execution was closely watched because lawyers had argued that the recent problems in Pike’s case raised questions about the reliability of the same drug used by Texas.
Howard convicted in 2000 store killing
Howard was sentenced to death for the killing of Vickie Swartout, a 42-year-old convenience-store clerk in Silsbee, Texas.
According to court evidence, Howard was 20 when he robbed the store in 2000 and shot Swartout in the chest. Investigators recovered surveillance footage of the killing, and Howard was subsequently convicted of capital murder.
He was scheduled to be executed by lethal injection after spending years on death row.
Before the execution, Howard’s lawyers made several unsuccessful attempts to stop it.
Lawyers cited Christa Pike’s failed execution
The legal challenge gained particular attention because Christa Pike’s execution attempt in Tennessee had failed only a week earlier.
Pike, 50, survived after receiving two injections of pentobarbital during an execution attempt on September 30. She was taken to hospital in critical condition and later regained consciousness and began speaking, according to her lawyers.
Her lawyers have alleged that problems including damaged veins, difficulties administering the drug and the condition of Tennessee’s execution drug contributed to the failure.
The incident has prompted a broader examination of Tennessee’s execution procedures, with the state’s governor suspending executions for the remainder of the year while the case is investigated.
Howard’s lawyers argued Texas faced similar risks
Howard’s legal team argued that Texas should delay the execution because it also uses pentobarbital.
The lawyers raised concerns about the condition and expiration dates of Texas’ supply of the drug and argued that the state had not provided enough information about the medication. They also separately argued that Howard was intellectually disabled, which would make his execution unconstitutional under U.S. law.
The Texas Court of Criminal Appeals rejected the requests, and the U.S. Supreme Court also declined to intervene shortly before the execution.
Howard apologized before execution
Before the lethal injection was administered, Howard addressed members of Swartout’s family, who were watching from an observation room.
He apologized for the killing and asked the family for forgiveness. He also thanked his own relatives and friends.
The Texas Department of Criminal Justice said Howard remained engaged and talkative during the journey from death row to the Huntsville execution facility.
First US execution since Pike case
Howard’s execution became significant beyond Texas because it was the first completed U.S. execution following the unprecedented failure of Pike’s lethal injection.
Pike was convicted for the 1995 killing of 19-year-old Colleen Slemmer in Tennessee. Her survival after receiving the lethal drug has intensified scrutiny of lethal-injection procedures and the supply of execution drugs in the United States.
The case has also raised questions about whether states can continue using the same execution method when concerns exist over drug quality and administration procedures.
Texas, however, proceeded with Howard’s execution after the courts rejected the requests for a stay.
Texas continues executions
Howard’s death was another execution in a state that has carried out more executions than any other U.S. state in the modern era.
The execution also comes as several states continue to face challenges obtaining lethal-injection drugs, while some have considered or returned to alternative execution methods.
The immediate legal dispute surrounding Howard focused on his individual conviction and the reliability of the planned execution procedure. The wider debate over lethal injection has nevertheless intensified following Pike’s failed execution.
Howard’s execution is now part of that continuing national debate over capital punishment and the methods used to carry it out.
