Texas executes man who murdered pregnant ex-girlfriend and her young son

A Texas inmate who killed his pregnant ex-girlfriend and her 7-year-old son greater than 17 years in the past was executed on Wednesday, after courts rejected his appeals over claims of non secular freedom violations and indifference to his medical wants.

Stephen Barbee, 55, acquired a deadly injection on the state penitentiary in Huntsville. He was pronounced useless at 7:35 p.m. He had been condemned for the February 2005 deaths of Lisa Underwood, 34, and her son Jayden. Each had been suffocated at their dwelling in Fort Value. They had been later discovered buried in a shallow grave in close by Denton County.

Prosecutors mentioned Barbee killed his ex-girlfriend and her son as a result of he did not need his spouse to know Underwood was seven months pregnant, presumably by him. DNA proof later revealed Barbee wasn’t the daddy. Underwood owned a Fort Value bagel store, which was named after her son. She and her son had been reported lacking after failing to indicate up at a child bathe.

Barbee confessed to police he killed Underwood and her son however later recanted. Barbee mentioned the confession was coerced. He has since maintained his innocence saying he was framed by his enterprise accomplice.

His trial, together with sentencing, took lower than three days in February 2006.

The U.S. Supreme Court docket on Wednesday declined an enchantment from Barbee’s legal professionals to halt the execution.

Barbee’s attorneys had requested the U.S. Supreme Court docket to remain his execution, arguing his spiritual rights had been being violated as a result of the state jail system, within the wake of a ruling by the excessive court docket on what non secular advisers can do whereas within the execution chamber, didn’t create a written coverage on the difficulty.

In March, the U.S. Supreme Court docket mentioned states should accommodate the needs of dying row inmates who need to have their religion leaders pray and contact them throughout their executions. Texas jail officers did not formally replace their coverage however mentioned they’d assessment inmates’ petitions on a case-by-case foundation and would grant most affordable requests.

Earlier this month, U.S. District Choose Kenneth Hoyt in Houston issued a preliminary injunction, saying the state might solely execute Barbee after it had printed a transparent coverage on non secular advisers that protects an inmate’s spiritual rights. Final week, the fifth U.S. Circuit Court docket of Appeals overturned Hoyt’s injunction, saying it was too broad. The appeals court docket mentioned the Supreme Court docket was not requiring, however solely recommending, states create written insurance policies on this concern.

On Tuesday, Hoyt issued a brand new injunction centered particularly on defending Barbee’s rights. The fifth Circuit on Wednesday additionally overturned this injunction.

The Texas Lawyer Common’s Workplace mentioned in a earlier court docket submitting that Barbee’s claims had been moot, as state jail officers are permitting his non secular adviser to the touch him and pray aloud throughout his execution.

Additionally Tuesday, Hoyt denied a separate request by Barbee’s attorneys for an execution keep over claims the inmate’s proper to keep away from merciless and weird punishment can be violated. His legal professionals say Barbee has bodily constraints that restrict the motion of his shoulders and arms, and he would expertise “insupportable ache and struggling” if he’s executed within the regular method together with his arms outstretched on the gurney in order that IV traces may be positioned to ship the deadly injection.

In a court docket submitting from earlier this month, legal professionals with the Texas Lawyer Common’s Workplace assured Hoyt that jail officers would make lodging for Barbee and permit his arms to stay bent and if wanted would discover one other location to position the IV traces.

On Monday, the Texas Board of Pardons and Paroles unanimously declined to commute Barbee’s dying sentence to a lesser penalty or to grant a four-month reprieve.

Barbee acquired a deadly injection on the identical day that Arizona executed Murray Hooper for killing two individuals throughout a house theft in Phoenix on New 12 months’s Eve 1980. Hooper acquired a deadly injection Wednesday morning.

The executions come regardless of waning assist in recent times for the dying penalty throughout all political events. About 6 in 10 People favor the dying penalty, in line with the Common Social Survey, a significant traits survey carried out by NORC on the College of Chicago. Whereas a majority proceed to specific assist for the dying penalty, the share has declined steadily because the Nineties, when almost three-quarters had been in favor.

Barbee was the fifth inmate put to dying this yr in Texas. He was the final inmate scheduled for execution this yr within the state.

Thus far, 15 individuals, together with Barbee, have been executed throughout the U.S. in 2022, all by deadly injection. This yr’s whole variety of U.S. executions is already increased than final yr’s greater than three-decades low of 11.

Two extra executions within the U.S. are scheduled for Thursday — one in Alabama and one in Oklahoma.