Nation & World News

Texas carries out nation’s first execution since Christa Pike’s failed lethal injection

A Texas man who fatally shot a convenience store clerk in 2000 has been executed, a week after a failed lethal injection in Tennessee
This photo provided by the Texas Department of Criminal Justice shows Jamaal Howard on Oct. 28, 2022. (Texas Department of Criminal Justice via AP)
This photo provided by the Texas Department of Criminal Justice shows Jamaal Howard on Oct. 28, 2022. (Texas Department of Criminal Justice via AP)
AJC
By JAMIE STENGLE and MICHAEL GRACZYK – Associated Press
Updated 51 minutes ago

HUNTSVILLE, Texas (AP) — A Texas man who fatally shot a convenience store clerk was put to death Wednesday evening, becoming the 30th person executed in the U.S. this year and the first since Tennessee’s failed attempt to administer a lethal injection to Christa Pike a week ago.

Jamaal Howard, 46, was pronounced dead at 8:03 p.m. after receiving a fatal dose of pentobarbital at the state prison in Huntsville. He was convicted of killing Vickie Swartout, 42, in a 2000 store robbery caught on surveillance video.

Asked by the warden if he had a final statement, Howard apologized profusely to some members of his victim’s family, who watched through a window just feet from the death chamber.

“I wish that you accept my apology and I wish for your forgiveness,” he said, shortly before the injection got underway. “I’m sorry for what happened. I wish you can learn to forgive me one of these days.”

He also thanked his friends and family and said he loved them, adding he was “in a good state of mind to find peace and the Lord, so I thank y’all.” He concluded with: "Hey, enjoy life, and peace to y’all.”

Man took a few breaths and gasped as the drugs began flowing

As the pentobarbital began taking effect, Howard took a couple of breaths and gasped. He then began making snoring sounds, coughed and resumed the snoring sounds, each time the sound becoming quieter. Within about 30 seconds, all movement stopped.

He was pronounced dead 19 minutes later.

His sister was among witnesses watching through a window from an adjacent room and became distraught, exclaiming several times: “Get me out of here.” She was assisted by corrections officers in exiting the witness room.

Texas has executed seven people so far in 2026, including Howard, and plans two more executions later this year.

Howard’s attorneys unsuccessfully sought to block the execution by arguing that he was intellectually disabled and that he faced risks similar to those in Pike's case because both states use pentobarbital for lethal injections.

Pike’s lawyers continue to seek more information about what went wrong after the 50-year-old woman survived two doses of pentobarbital on Sept. 30. Her lawyers said she was unconscious at a hospital after the attempt but was awake and speaking by Tuesday.

Store clerk’s killing was caught on surveillance video

Howard was convicted of capital murder in the killing of Swartout, who was shot once in the chest during the robbery. Evidence presented at trial included surveillance video showing Howard shooting Swartout.

Howard, who was 20 at the time, took $114 and a carton of cigarettes from the store in Silsbee, a small, rural town about 100 miles (160 kilometers) northeast of Houston, according to court records.

A flurry of late appeals failed to stop the execution

In bidding to halt Howard's execution, his attorneys had filed a motion hours earlier before the Texas Court of Criminal Appeals raising concerns about the quality of Texas’ execution drugs. The court denied that request and a second filing involving the drugs without comment.

His attorneys also argued unsuccessfully to the U.S. Supreme Court that Howard’s execution should be halted because he was intellectually disabled. The Supreme Court in 2002 had barred the execution of intellectually disabled people, though it gave states some discretion in determining such disabilities.

The state told the court that Howard's lawyers did not present evidence that would show he meets the requirements for a claim of intellectual disability.

The high court late Wednesday declined to intervene, without comment, clearing the way for the execution.

Florida leads the nation in executions this year

Florida has carried out 16 executions so far this year, the most of any state. Most states that allow executions use lethal injection as their primary method.

Tennessee Republican Gov. Bill Lee has halted the one remaining execution that was scheduled to be carried out in his state this year.

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Stengle reported from Fort Worth, Texas.