Southeast
South Carolina inmate lets lawyer choose lethal injection for execution after he was forced to pick method
A South Carolina inmate forced to choose his execution method left the decision to his lawyer, who reluctantly selected lethal injection rather than the electric chair or a firing squad.
Freddie Owens, 46, said in court papers he cannot choose his execution method because doing so would be taking an active role in his own death and, citing his Muslim faith, he believes suicide is a sin, according to The Associated Press.
Owens’ execution is set for Sept. 20 for the 1997 killing of store clerk Irene Graves during a string of robberies in Greenville, which will mark the first time South Carolina has put an inmate to death in more than 13 years after an involuntary pause in executions over struggles in recent years obtaining lethal injection drugs.
His attorney, Attorney Emily Paavola, sent the form to prison officials on Friday telling them to prepare to kill Owens by lethal injection. She also released a statement saying she remains unsure if prison officials have released enough information about the drug used in this method to ensure it will kill him without causing unbearable pain or agony that could rise to the level of cruel and unusual punishment.
SOUTH CAROLINA DEATH ROW INMATE WANTS TO DELAY EXECUTION, SAYS CO-DEFENDANT LIED ABOUT NOT HAVING PLEA DEAL
Freddie Owens, 46, said he cannot choose his execution method because taking an active role in his death goes against his Muslim faith. (South Carolina Department of Corrections via AP)
“I have known Mr. Owens for 15 years,” she wrote. “Under the circumstances, and in light of the information currently available to me, I made the best decision I felt I could make on his behalf. I sincerely hope that the South Carolina Department of Corrections’ assurances will hold true.”
Had Paavola not made a decision, state law mandates that Owens would have been killed by the electric chair, and he had said he did not want to die that way.
Once one of the busiest states for executions, South Carolina has not carried out the death penalty since 2011 due to trouble in recent years obtaining lethal injection drugs over pharmaceutical companies’ concerns that they would have to disclose that they had sold the drugs to state officials.
But the state legislature passed a shield law last year allowing officials to keep lethal injection drug suppliers private and the state Supreme Court ruled that the electric chair and firing squad would also be available as execution methods.
South Carolina previously used a mixture of three drugs, but will now use one drug, the sedative pentobarbital, for lethal injections in a protocol similar to that of the federal government.
Owens is one of six inmates who have exhausted their appeals seeking to avoid execution. South Carolina currently has 32 inmates on death row.
His attorneys have filed several legal motions since his execution date was set two weeks ago in which they sought to delay his death, but there have been no delays thus far.
He had requested to delay his execution, so his lawyers could argue his co-defendant lied about having a plea deal to testify against Owens in exchange for avoiding the death penalty or a life sentence. Co-defendant Steven Golden testified that Owens shot Graves in the head because she was unable to open the safe at the Greenville store 27 years ago.
“My written plea agreement said the death penalty and life without parole were still possible outcomes and there were no specific guarantees about what my sentence would be,” Golden wrote in a sworn statement last month. “That wasn’t true. We had a verbal agreement that I would not get the death penalty or life without parole.”
SOUTH CAROLINA’S FIRST EXECUTION IN MORE THAN 13 YEARS SET FOR NEXT MONTH
If his lawyer had not made a decision, state law mandates that Owens would have been killed by the electric chair, and he had said he did not want to die that way. (South Carolina Department of Corrections via AP, File)
Golden was sentenced to 28 years in prison after pleading guilty to a lesser charge of voluntary manslaughter, court records show.
The store had surveillance video, but it did not show the shooting clearly. Prosecutors never found the weapon used in the shooting and failed to show any scientific evidence linking Owens to the killing.
Prosecutors said the co-defendant’s testimony was supported by Owens’ confession to his mother, girlfriend and investigators.
State attorneys said concerns over lies about the plea deal and whether jurors could have been biased against Owens after seeing an electronic stun device he was wearing during trial have been handled in multiple appeals and two additional sentencing hearings that also recommended the death penalty after other judges overturned his initial punishment.
“Owens has had ample opportunity to litigate claims regarding his conviction and sentence. He is due no more,” the South Carolina Attorney General’s Office wrote in a court filing.
Owens’ lawyers are also asking for his death sentence to be set aside, at least temporarily, because he was only 19 at the time of the crime and scans show his brain was not fully developed. The lawyers also said a jury was never asked to determine if Owens alone killed the clerk and argued his sentence is too harsh because less than 1% of murder convictions over an armed robbery result in death sentences.
He also sought to delay his execution by arguing the state failed to release enough information about the drug used for lethal injections.
The state Supreme Court said when upholding the new shield law that prison officials had to give a sworn statement that the pentobarbital set to be used under the state’s new lethal injection method is stable, pure and potent enough to kill an inmate.
Corrections Director Bryan Stirling said technicians at the State Law Enforcement Division laboratory tested two vials of the sedative and assured him the drugs are adequate, but released no other details.
Owens’ execution is set for Sept. 20 for the 1997 killing of store clerk Irene Graves during a string of robberies in Greenville. ((AP Photo/Sue Ogrocki, File))
Owens’ lawyers asked for more information, including the full report from the lab, the expiration date of the likely compounded drug and how it would be stored, citing a photo of a syringe of an execution drug from 2015 in Georgia that crystalized because it was stored too cold.
The South Carolina Supreme Court ruled Thursday that prison officials had released enough information.
The only way for Owens to avoid execution at this point is for the governor to grant clemency and reduce his death sentence to life in prison. But no governor has done that in the state’s 43 executions since the death penalty was restarted in the U.S. in 1976.
Republican Gov. Henry McMaster has said he will follow longtime tradition and not announce his decision until prison officials make a call from the death chamber just moments before the execution is set to be carried out.
The Associated Press contributed to this report.
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Southeast
Georgia school shooting investigators zero in on 14-year-old suspect’s internet history, past: expert
WINDER, Ga. – A law enforcement expert weighed in following the tragic mass shooting at a small Georgia high school that left two students and two teachers dead and wounded nine others on Wednesday.
Matthew Fagiana, a retired police sergeant and law enforcement consultant, told Fox News Digital that responding officials are zeroing in on the 14-year-old suspect’s past and motive at the start of the investigation.
“Things such as the timeline of the incident. A chronological history of the suspect leading up to the shooting, a deep look into the suspect’s past for things such as interactions with the victims, the existence of any indications of violent behavior, statements or social media posts that could help them develop a motive, and recent internet history,” he said.
“And that, of course, only scratches the surface of the investigation,” he added.
APALACHEE HIGH SCHOOL STUDENTS RECOUNT HORROR OF DEADLY SHOOTING
A law enforcement officer works near the scene of a shooting at Apalachee High School in Winder, Georgia, on Sept. 4, 2024. (REUTERS/Elijah Nouvelage)
Fagiana noted that responding agencies, including the FBI’s Atlanta field office and Jackson County Sheriff’s Office, are combing the scene of Apalachee High School to construct an “accurate picture” of the suspect’s pathway through the school.
“I can only assume that the crime scene at the school is quite large,” he said. “Those types of scenes require a very meticulous examination and collection of evidence – things like logging locations of evidence, spent casings. They’re going to reconstruct the scene and be able to show an accurate picture of the suspect’s entry and his path throughout the shooting.”
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The 14-year-old suspect, Colt Gray, surrendered to authorities and was taken into custody following the rampage. Authorities said he is expected to be charged as an adult with murder.
“One important piece of the suspect being taken into custody will be the interviews he provides to investigators,” he said. “Any time we have someone who commits a mass killing, one of the most important questions we are trying to answer is the ‘why.’ And because many school shooters either kill themselves, or are killed by law enforcement to prevent further harm to others, we are often left without the ‘why’ and can only develop theories based on their history and any evidence they leave behind.”
“So when a suspect is taken into custody, law enforcement and experts on many levels will hope to use his statements and evaluations as a chance to mitigate the likelihood of these events happening again. I think most people agree that individuals who commit these type of crimes have something psychologically that differs from that of most of us – people who would never consider doing something like this.”
Law enforcement arrive as students are evacuated to the football stadium after the school campus was placed on lockdown at Apalachee High School in Winder, Georgia, on Wednesday, Sept. 4, 2024. (AP Photo/Jeff Amy)
Fagiana highlighted the significance of the school resource officers (SRO) who took the student into custody, saying that they “saved lives.”
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“While we don’t have all the details surrounding the response yet, it’s safe to assume that the moment the SRO took the suspect into custody, more lives were likely saved,” he said. “All across America there exist examples of SROs being a very important addition to school security and the safety of our children and teachers. It’s an important piece of the puzzle in our effort to mitigate the likelihood of school shootings.”
Students and staff gather next to the football field after law enforcement officers responded to a fatal shooting at Apalachee High School in a still image from aerial video in Winder, Georgia, on Sept. 4, 2024. (ABC Affiliate WSB via REUTERS)
He noted the importance of balancing the delicacy of the victim’s families and informing the community.
“An extremely significant priority is supporting the families of the victims right now. They’re hurting and need answers and law enforcement will remain committed to addressing their needs throughout these next several days,” Fagiana said.
“Law enforcement has a few goals in terms of communication at this stage. The main one is to inform and listen to the people in their community who are directly affected by this. And, of course, next is to inform the media and the communities around the world that are watching.
“Law enforcement will work hard to find a balance between providing information that they have but also protecting the integrity of the investigation,” he said. “There is a person who will be on trial for murder and their goal is to make sure that whatever information they give out publicly now doesn’t threaten the successful prosecution of this suspect.”
The FBI and Jackson County Sheriff’s Office did not immediately respond to Fox News Digital’s request for comment.
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Southeast
Georgia high school shooting: Authorities identify 2 teachers, 2 students as victims killed
Authorities have identified the four victims who were killed in the shooting at a Georgia high school on Wednesday morning when a student opened fire inside the school.
Georgia Bureau of Investigation Director (GBI) Chris Hosey said two 14-year-old students and two teachers were killed during the shooting.
Hosey identified two students killed at Apalachee High School as Mason Schermerhorn and Christian Angulo, both 14. Hosey said math teachers Richard Aspinwall and Christina Irimie were also killed during the shooting.
Mason Schermerhorn
Schermerhorn, who was autistic, was believed to have wandered away from the school after dismissal, according to Channel2Now.
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Friends of Schermerhorn’s mother told the New York Times that he was known for having an “upbeat attitude about everything.” He was lighthearted and enjoyed reading and video games, the people told the outlet.
Mason Schermerhorn, 14, was killed in a shooting Wednesday, Sept. 4, 2024, at Apalachee High School in Winder, Georgia. (Fox News)
Richard Aspinwall
One of the faculty victims, Aspinwall, was also football coach at the school.
“Coach Aspinwell was one of the most kindhearted teachers I have ever met. He always made it known that if I needed help with anything he was there,” a student wrote in a tribute on Instagram.
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“He was so funny, talked about his wife and kids with pride and showed all of his students that he cared for them,” the post continued.
Richard Aspinwall, a math teacher and assistant football coach, was killed in a shooting Wednesday, Sept. 4, 2024, at Apalachee High School in Winder, Georgia. (Fox News)
Richard Aspinwall, a math teacher and assistant football coach, was killed in a shooting Wednesday, Sept. 4, 2024, at Apalachee High School in Winder, Georgia. (Fox News)
On Wednesday, authorities identified Colt Gray, now 14, as the shooter who killed two students and two teachers at Apalachee High School. Gray surrendered to authorities and was taken into custody following the rampage.
APALACHEE HIGH SCHOOL STUDENTS RECOUNT HORROR OF DEADLY SHOOTING
Christian Angulo
Christian Angulo, 14, was also killed. Fox 5 Atlanta reported that his schoolmates described him as funny and enjoyable to be around. One student who said he was longtime friends of Angulo said he was “in denial”
Lisette Angulo identified herself as Christian’s elder sister on a GoFundMe page that has raised over $50,000 for his funeral.
“He was a very good kid and very sweet and so caring. He was so loved by many. His loss was so sudden and unexpected. We are truly heartbroken. He really didn’t deserve this,” she wrote on the site.
Christian Angulo, 14, was killed in a shooting Wednesday, Sept. 4, 2024, at Apalachee High School in Winder, Georgia. (Fox News)
Christina Irimie
Math teacher Christina Irimie was also named as one of the fatalities. Her students described her as patient and caring, according to Fox 5 Atlanta.
Math teacher Christina Irimie was killed in a shooting Wednesday, Sept. 4, 2024, at Apalachee High School in Winder, Georgia. (Fox News)
An AR platform-style weapon was used in the shooting, Hosey said.
“As a follow to the Joint Statement just released, the subject referred to as the 13-year-old is the same subject in custody related to today’s shootings at Apalachee High School,” the FBI said.
Investigators are still trying to determine if anyone was specially targeted, but they were not aware of any known connections between Gray and the victims.
“Within minutes, law enforcement was on scene as well as two school resource officers assigned here to the school,” Barrow County Sheriff Jud Smith told reporters during a press conference Wednesday afternoon.
Gray will be charged with murder and prosecuted as an adult, according to Smith.
Authorities said there is no evidence to support that any additional shooter was involved in the shooting and investigators are actively pursuing leads from any potential associates of the shooter.
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People leave Apalachee High School, Wednesday, Sept. 4, 2024, in Winder, Ga. (AP Photo/Mike Stewart)
In a joint statement, the FBI’s Atlanta field office and Jackson County Sheriff’s Office said the agency’s National Threat Operations Center received an anonymous tip about threats posted online regarding a possible school shooting in May 2023.
The agencies said that the threats contained images of guns.
Within 24 hours of receiving the anonymous tip, investigators determined the threats originated in Georgia and the matter was referred to the sheriff’s office.
“The Jackson County Sheriffs’ Office located a possible subject, a 13-year-old male, and interviewed him and his father,” the FBI said. “The father stated he had hunting guns in the house, but the subject did not have unsupervised access to them.”
The agencies said the boy denied making the threats and authorities alerted local schools to monitor the child.
“At that time, there was no probable cause for arrest or to take any additional law enforcement action on the local, state, or federal levels,” the FBI said.
Gray is being booked and is currently being held at the Barrow County Detention center.
There were three school resource officers at the school today when the shooting began who were able to make contact with the shooter, who gave up immediately, authorities said.
The remaining shooting victims are expected to recover and the Barrow County Sheriff says they don’t expect any more fatalities at this time.
Fox News’ Gabriele Regalbuto, Louis Casiano and Mitch Picasso contributed to this report.
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Videos taken inside Apalachee High School in Winder, Georgia, following Wednesday’s mass shooting show a sense of calm amid the chaos.
Sophomore Alexsandra Romero, 15, was sheltering with classmates inside a classroom when she caught footage of law enforcement officers entering the room and directing them down a corridor to exit.
“Single file line down this aisle right here after this deputy,” an officer is heard saying. “Hurry up now, come on, let’s go. We got a whole school to get evacuated, people, come on now.”
Romero told The Atlanta Journal-Constitution she thought what was happening was a drill.
GEORGIA HIGH SCHOOL SHOOTING: 4 DEAD, 1 SUSPECT IN CUSTODY, AUTHORITIES SAY
An officer can be seen directing students out of a classroom at Apalachee High School in Winder, Georgia on Sept. 4, 2024. (Alexsandra Romero/Joel Romero via Storyful)
“I can just remember my hands were shaking,” Romero said. “I felt bad because everybody was crying, everybody was trying to find their siblings.”
Another video captured by the teen on her way out of the school shows a body covered by a sheet with blood surrounding it and firearms on the floor.
WHO IS THE ALLEGED GEORGIA SCHOOL SHOOTER? WHAT WE KNOW
Authorities identified the four victims who were killed as two teachers and two students.
Georgia Bureau of Investigation Director Chris Hosey identified the teachers as Richard Aspinwall and Christina Irmie, who both taught math, and the students as Mason Schermerhorn and Christian Angulo, both 14.
Nine others were taken to various hospitals with gunshot wounds.
Students walk down a corridor in Apalachee High School in Winder, Georgia, on Wednesday following a mass shooting. (Alexsandra Romero/Joel Romero via Storyful)
On Wednesday, authorities identified Colt Gray, now 14, as the suspected shooter. Gray surrendered to authorities and was taken into custody following the rampage.
Gray had been on the FBI’s radar as a possible threat since last year, the agency confirmed.
“At that time, there was no probable cause for arrest or to take any additional law enforcement action on the local, state, or federal levels,” the FBI said.
Fox News’ Stepheny Price, Gabriele Regalbuto and Louis Casiano contributed to this report.
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