Cromartie’s attorneys appealed to the Georgia Supreme Court last week. The court hasn’t ruled.
Cromartie and Clark entered the store in the early hours of April 10, 1994. The first gunshot entered Slysz’s head under his right eye, a wound that authorities say would not have caused him to lose consciousness. The second bullet struck his left temple. After Slysz was shot, the men tried to get into the cash register. They failed and settled for two 12-packs of Budweiser.
Because of Georgia’s party to a crime statute, Cromartie would still be eligible for the death penalty whether he pulled the trigger or not.
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Cromartie’s death sentence was handed down in 1997 for the killing of Slysz and the assault of Dan Wilson, another store clerk who was shot in the face three days before Slysz but survived. Clark and Thaddeus Lucas, who was said to have been the driver for Cromartie and Clark, received lesser sentences and are both out of prison. Clark got out in 2005. Cromartie’s attorneys claimed in a court filing that Clark has been wanted by the state parole board for five years.
Elizabeth Legette, Slysz’s daughter, wrote a letter in support of Cromartie’s request for DNA testing.
“My father’s death was senseless. Executing another man would also be senseless, especially if he may not have shot my father,” she wrote in the letter, released by Cromartie’s attorneys.
If Cromartie is killed, he would be the third Georgia inmate executed by a lethal dose of pentobarbital this year.