Southeast
Condemned SC man's case about 'appropriate punishment' as he awaits 'inhumane' firing squad execution: lawyer
EXCLUSIVE: As a South Carolina man on death row prepares to be put to death by firing squad, his lawyer argues that the case is a matter of “appropriate punishment” rather than guilt as he seeks to stop his client’s execution.
Mikal Mahdi, 42, is set to be executed on Friday at 6 p.m. at a prison in Columbia after pleading guilty to the 2004 killing of an off-duty police officer.
In an interview with Fox News Digital, Mahdi’s lawyer, David Weiss, said his client’s case raises questions about “appropriate punishment” given the inmate’s life struggles and growth as a person in the years since the crime was committed.
“It’s a question of what’s the appropriate punishment, given the life experiences of the person, everything they went through and the reasons why things ended up as they did, with really tragic crimes being committed,” Weiss said. “But almost without exception, what you see is when tragic crimes are committed, the person who committed them also went through incredibly difficult life experiences that led them down that path. And that’s what happened here.”
SECOND SOUTH CAROLINA INMATE CHOOSES EXECUTION BY FIRING SQUAD
Mikal Mahdi, 42, is set to be executed on Friday at 6 p.m. at a prison in Columbia. (South Carolina Department of Corrections via AP)
Mahdi is a “much different person” now than when he committed the capital crimes at age 21, Weiss said, saying that his client was a “confused, angry kid” at the time who has since grown up and matured a lot. Weiss explained that Mahdi is now an “intelligent, thoughtful person who spends as much time as he can reading and learning about the world.”
Weiss said Mahdi accepts responsibility for what he did and knows what he did was horrible. He said Mahdi understands that he must be punished for his crimes and that he could be executed.
But Weiss warned that if South Carolina carries out the execution, it will be killing someone who is a “very different person from the person who committed the capital crimes in the first place.”
Mahdi would be the fifth person to be executed by firing squad in the U.S. since 1976 – with the first three carried out in Utah – and the second in South Carolina after Brad Sigmon, 67, was put to death using that method last month. Sigmon was the first person to be executed by firing squad in 15 years.
Given the choice of lethal injection, electrocution and firing squad, Weiss said Mahdi chose the lesser of three evils. He noted that lethal injection was previously believed to be more humane before it was later determined to be “quite torturous” and that electrocution is cruel since a person is being “cook[ed] from the inside out.”
“If the execution goes through, they’re going to fire three high-powered rifles at our client’s chest,” Weiss said. “It’s a horrible thing for him to go through. It’s a horrible thing to have to witness for everybody involved, from the legal team to witnesses to prison staff who have to carry it out.”
In the death chamber, Mahdi will be strapped to a chair and have a hood over his head and a target over his heart. Three shooters will fire at him through a small opening about 15 feet away.
Bo King, a lawyer who represented Sigmon, detailed what he witnessed when his client was put to death on March 7.
“Seeing how he was restrained, he was tied to the chair with his arms pulled back far enough, almost as if someone had him in a wrestling hold, holding his arms behind his back. And then with his chin and jaw secured to the chair with some kind of strap,” King told Fox News Digital.
SOUTH CAROLINA SETS DATE FOR 5th EXECUTION IN UNDER 7 MONTHS
Brad Sigmon was executed in March for beating to death his estranged girlfriend’s parents in Greenville County in 2001. (South Carolina Department of Corrections via AP)
“What has stayed with me and continues to trouble me is how he reacted after being shot, specifically watching his right arm pull so frantically on the straps, tying it to the chair,” he continued. “And every muscle in his arm popped out, and it looked like an anatomical drawing. It just looked like he was trying so desperately to pull his arm free and cover the hole in his chest.”
King said he remembers watching the wound open in the middle of Sigmon’s chest.
“It’s a difficult sight to reconcile in real time,” he said. “You’re watching it happening. You’re thinking, I just saw a hole open up in that person.”
King also explained that he believes it is inhumane to tie someone down to kill them, emphasizing that “the amount of damage that I saw done to Brad’s body is beyond anything that I would consider.”
Three other prisoners have been put to death in South Carolina since the state resumed executions in September. Freddie Owens on Sept. 20, Richard Moore on Nov. 1 and Marion Bowman Jr. on Jan. 31 all died by lethal injection. Sigmon chose the firing squad due to concerns about the prolonged suffering the three other inmates had faced when they were killed by lethal injection, King said.
In Mahdi’s case, Weiss expressed concern that his client would be executed “even though he never had the fair trial that the Constitution is supposed to guarantee.”
“The whole question at his trial was what punishment did he deserve? In order to make a reasoned decision about that, the trial judge needed to be given all the information about who Mikal was, what he went through in his life, tragically,” Weiss explained.
Earlier this week, South Carolina’s highest court rejected a final appeal from Mahdi’s lawyers. His lawyers argued that his original attorneys made a poor case in attempting to spare his life and failed to call on relatives, teachers or other people who knew him in his sentencing defense, but the state Supreme Court ruled that many of those same arguments had been made in previous unsuccessful appeals.
During his trial, Mahdi’s lawyers said their client was the second son of a woman who was wedded in an arranged marriage at 16 years old. His family described a chaotic childhood, although nobody testified about abuse or mental illness.
Weiss told Fox News Digital that the trial judge who handed down the sentence was given very little information and Mahdi’s defense called a single witness who testified for just a few minutes, giving only a broad outline of Mahdi’s “extraordinarily traumatic childhood” that began when he was a toddler and extended through his early adolescent years.
“When he needed additional support at school, the teachers tried to provide it, but his dad pulled him out of school rather than allowing him to get that support for his depression, for his suicidal feelings and things just spiraled from there where he went into the juvenile prison system for fairly minor crimes, and he ends up spending thousands of hours in solitary confinement as a kid,” Weiss said.
As early as second grade, Mahdi suffered from mental despair and discussed self-harm. He already had a criminal record by the time he was a teenager, spending weeks in solitary confinement after being convicted of breaking and entering and attacking a police officer in Virginia.
“We know today in a way that we just didn’t appreciate back then when Mikal was in the system, how damaging that is to a person’s development,” he continued. “And the judge who decided what sentence Mikal should have was told almost nothing about his story.”
CONVICTED DOUBLE MURDERER EXECUTED BY FIRING SQUAD IN SOUTH CAROLINA
This photo provided by the South Carolina Department of Corrections shows the state’s death chamber in Columbia, including the electric chair, right, and a firing squad chair, left. (South Carolina Department of Corrections/AP)
Weiss added: “That’s the real injustice here, and that’s the real outrage here.”
Mahdi stole a gun and a car in Virginia on July 14, 2004, arrest records show. The next day, he shot and killed a North Carolina store clerk as the clerk was checking his identification. A couple of days later, he carjacked someone at an intersection in Columbia, South Carolina.
On July 18, 2004, while on the run after those crimes, Mahdi hid in the shed of Orangeburg, South Carolina, public safety officer James Myers. Mahdi ambushed Meyers when the officer returned from a birthday celebration for his wife, sister and daughter, prosecutors said.
Myers, 56, was shot eight or nine times, including twice in the head after falling to the ground. A pathologist testified that at least seven of the shots would have been fatal.
Mahdi then set Myers’ body on fire and ran away. Myers’ wife discovered her husband’s dead body in the shed, which they had used for the backdrop of their wedding.
On July 21, 2004, Mahdi was taken into custody in Florida. When one of the officers involved in his arrest learned what he was wanted for in South Carolina, he thanked Mahdi for not shooting at him. Mahdi told him that the only reason he did not was because he was skeptical that he could successfully shoot two officers and their K-9 and get away with it.
While behind bars, Mahdi was caught three times with tools he could have used to escape. One was an Allen wrench and the others were homemade handcuff keys, including one that was found under his tongue at his trial.
On death row, Mahdi stabbed a guard and struck another worker with a concrete block. On three occasions, prison staff found sharpened metal in his cell that could be used as a knife.
After he pleaded guilty to murder, Mahdi was sentenced by Judge Clifton Newman, who at the time told The Post and Courier that he was not sure he believed in the death penalty, but the case became bigger than his beliefs.
“My challenge and my commitment throughout my judicial career has been to temper justice with mercy and to seek to find the humanity in every defendant that I sentence,” Newman said as he handed down Mahdi’s punishment. “That sense of humanity seems not to exist in Mikal Deen Mahdi”
Once one of the busiest for executions, South Carolina resumed executions in September after a 13-year pause caused in part by the state having difficulty obtaining lethal injection drugs due to pharmaceutical companies’ concerns that they would have to disclose they had sold the drugs to state officials.
The room where inmates are executed in Columbus, South Carolina. (South Carolina Department of Corrections via AP)
The state legislature then passed a shield law allowing officials to keep lethal injection drug suppliers private. The legislature also approved the firing squad as another execution method over difficulties obtaining the drugs.
South Carolina has executed 47 inmates since the death penalty was resumed in the U.S. in 1976. In the early 2000s, the state was carrying out an average of three executions per year. Only nine states have killed more inmates.
If Mahdi runs out of legal appeals, including petitioning the U.S. Supreme Court to review the issues in the state high court’s ruling, his only remaining option would be for Republican Gov. Henry McMaster to reduce his sentence to life without parole, which Mahdi’s lawyers have already requested. But no South Carolina governor has granted clemency in the 49 years since the death penalty resumed in the U.S.
“I think Gov. McMaster has an opportunity to change that, and he should change it,” Weiss said.
A spokesperson for McMaster’s office confirmed to Fox News Digital that the governor had received the petition from Mahdi’s lawyers asking for clemency.
“As the governor has done previously, he will review and carefully consider the petition,” the spokesperson said.
Fox News Digital has reached out to the South Carolina Department of Corrections for comment.
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Southeast
Alleged criminal history of missing mom found after 24 years catches up with her
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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.
Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.
Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.
An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.
The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)
Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”
Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.
A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)
MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT
In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.
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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.
On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.
A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)
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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.
“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.
Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself.
“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.
Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001. (Bring Michele Hundely Smith Home/Facebook)
In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.
Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.
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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.
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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.
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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.
The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”
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Southeast
Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’
MAHA eyes SNAP, school lunch restrictions for junk food
Agriculture Secretary Brooke Rollins joins ‘Fox & Friends’ to discuss the Trump administration’s ‘Make America Healthy Again’ initiative, detailing new efforts to restrict ultra-processed foods in school lunches and limiting SNAP benefit purchases.
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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.
The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”
“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.
Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.
The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)
“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”
Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.
They come in 12-ounce cans, similar in appearance to a soda can.
The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)
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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”
“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”
Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”
Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)
“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.
It is unclear if any parents or students were disciplined in relation to the mix-up.
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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.
The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.
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Southeast
Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges
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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.
Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.”
The Supreme Court later ruled that the administration had to work to bring him back to the U.S.
After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.
He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.
Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)
A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE).
Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly.
The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.
Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.
TENNESSEE BODYCAM OF ‘MARYLAND MAN’ TRAFFIC STOP SHOWS TROOPERS’ HANDS TIED DESPITE SMUGGLING CLUES
A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )
First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.
“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”
McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”
“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.
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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)
During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”
He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.
When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”
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Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)
McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.
“I knew from the get-go that this was going to be a controversial matter,” McGuire said.
U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.
Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”
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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.
Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.
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