A federal appellate court this week refused to throw out a ban on housing incarcerated youth at Angola. (Photo credit: Jarvis DeBerry/Louisiana Illuminator)

Christopher Sepulvado, the 81-year-old man who was facing execution next month for the 1992 murder of his stepson, died overnight at Louisiana State Penitentiary in Angola, according to his attorney.

Shawn Nolan, who had represented Sepulvado, said was sent to a New Orleans hospital last week for a leg amputation. Doctors instead sent him back to Angola, and it is believed the infection ultimately claimed Sepulvado’s life, according to Cecelia Kappel, another attorney representing death row clients.

Doctors had previously determined Sepulvado, who had multiple serious ailments, was terminally ill and recommended hospice care at the time a judge set his execution date for March 17, according to Nolan.

“Christopher Sepulvado’s death overnight in the prison infirmary is a sad comment on the state of the death penalty in Louisiana,” Nolan said in a statement. “The idea that the State was planning to strap this tiny, frail, dying old man to a chair and force him to breathe toxic gas into his failing lungs is simply barbaric.”

Sepulvado would have the first person Louisiana put to death using nitrogen hypoxia, a method state lawmakers and Gov. Jeff Landry approved last year. The death penalty hasn’t been carried out in Louisiana since 2010, when Gerald Bordelon, 47, received a lethal injection for the kidnapping and murder of his 12-year-old stepdaughter, Courtney LeBlanc, in Livingston Parish.

Next on Louisiana’s execution calendar is Jessie Hoffman, 46, who was sentenced to die for the 1996 rape and murder of 28-year-old Mary “Molly” Elliot. Authorities said Hoffman abducted Elliot in downtown New Orleans and brought her to St. Tammany Parish, where he raped and murdered her, leaving her body in a remote area near the Pearl River.   

Hoffman is scheduled to die March 18, though attorneys are challenging Louisiana’s new execution method in court on behalf of 10 death row inmates. There are currently 57 people facing the death penalty in the state.

DeSoto Parish Judge Amy Burford McCartney issued a death warrant Feb. 12 for Sepulvado for the killing of  6-year-old Wesley Allen Mercer. Police said the boy was beaten and scalded to death. His mother, Yvonne Jones, was convicted of manslaughter and served more than seven years in prison. 

Sepulvado was previously scheduled to die by lethal injection in 2013, but his attorney successfully argued that Louisiana officials could not provide enough information on the drugs being used to execute him. The lack of those details constituted cruel and unusual punishment, a federal judge ruled.

Multiple execution dates for Sepulvado have since been handed down and subsequently suspended as lawyers for him and other death row inmates have challenged the use of lethal injection.

Sepulvado’s motion for reconsideration was denied in November 2022, but U.S. District Judge Shelley Dick, an appointee of former President Barack Obama, agreed Friday to reopen the case. 

This is a developing story.

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