South Carolina inmate elects lethal injection for execution after being compelled to make a choice.

Freddie Owens, 46, stated that he is unable to select his execution method because doing so goes against his Muslim beliefs.

South Carolina inmate elects lethal injection for execution after being compelled to make a choice.
South Carolina inmate elects lethal injection for execution after being compelled to make a choice.

An inmate in South Carolina was compelled to choose his execution method and left the decision to his lawyer, who reluctantly opted for lethal injection instead of the electric chair or a firing squad.

Freddie Owens, 46, stated in court documents that he is unable to select his execution method because doing so would involve actively participating in his own demise and, based on his Muslim beliefs, he considers suicide to be a sin, as reported by The Associated Press.

The execution of Owens for the 1997 murder of store clerk Irene Graves during a string of robberies in Greenville will mark the first time South Carolina has put an inmate to death in more than 13 years after an involuntary pause in executions due to difficulties in obtaining lethal injection drugs.

On Friday, Attorney Emily Paavola sent a form to prison officials, instructing them to prepare to execute Owens through lethal injection. However, she issued a statement expressing uncertainty about whether enough information about the drug used in this method has been disclosed to guarantee that it will not cause unbearable pain or agony, which could potentially constitute cruel and unusual punishment.

Freddie Eugene Owens
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)

"She wrote that she has known Mr. Owens for 15 years and, given the current circumstances and available information, she made the best decision she could on his behalf. She hopes that the South Carolina Department of Corrections' assurances will be accurate."

If Paavola had not made a decision, state law would have required Owens' execution by the electric chair, despite his statement that he did not want to die that way.

Since 2011, South Carolina has not executed anyone due to difficulties in obtaining lethal injection drugs, as pharmaceutical companies are hesitant to disclose that they have sold the drugs to state officials due to concerns about their reputation.

Last year, the state legislature enacted a shield law that safeguarded the identities of lethal injection drug suppliers, and the state Supreme Court upheld the use of both the electric chair and firing squad as legal execution methods.

South Carolina has changed its lethal injection protocol to use only one drug, the sedative pentobarbital, similar to the federal government's method.

One of six inmates in South Carolina has exhausted their appeals and is seeking to avoid execution. There are currently 32 inmates on death row in the state.

Since his execution date was set two weeks ago, his attorneys have filed several legal motions seeking to delay his death, but no delays have been granted yet.

Owens' lawyers had requested a delay in his execution so they could argue that his co-defendant lied about having a plea deal to testify against him 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.

"In my sworn statement last month, I stated that the death penalty and life without parole were still possible outcomes, and there were no specific guarantees about my sentence. However, we had a verbal agreement that I would not receive the death penalty or life without parole."

Electric chair
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)

Court records indicate that Golden was given 28 years in prison after pleading guilty to voluntary manslaughter.

Despite having surveillance video, the shooting was not clearly visible. Prosecutors were unable to locate the weapon used in the shooting and failed to present any scientific evidence linking Owens to the murder.

The co-defendant's testimony was corroborated by Owens' admission to his mother, girlfriend, and investigators.

Attorneys have addressed concerns about the plea deal and potential juror bias in multiple appeals and sentencing hearings, ultimately recommending the death penalty after other judges overturned the initial punishment.

The South Carolina Attorney General's Office stated in a court filing that Owens has had sufficient chances to challenge his conviction and sentence, and he is not owed any additional opportunities.

Owens' legal team is requesting that his death sentence be temporarily set aside, as he was only 19 at the time of the crime and brain scans show his brain was not fully developed. Additionally, the lawyers argue that a jury was never asked to determine if Owens was solely responsible for the murder and that his sentence is too harsh given that less than 1% of murder convictions resulting from armed robberies result in death sentences.

He argued that the state did not provide enough information about the drug used for lethal injections in an attempt to delay his execution.

The Supreme Court ruled that prison officials must swear that the pentobarbital used in the state's new lethal injection method is stable, pure, and potent enough to kill an inmate.

The laboratory tested two vials of the sedative and confirmed to Director Bryan Stirling that the drugs were sufficient, but did not disclose any additional information.

Gurney used in execution
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' legal team requested additional details, such as the complete lab report, the expiration date of the suspected compounded medication, and how it would be stored, referencing a 2015 photo of a Georgia execution drug syringe that solidified due to improper storage.

Prison officials were found to have disclosed sufficient information, as ruled by the South Carolina Supreme Court on Thursday.

The only way for Owens to avoid execution is for the governor to grant clemency and reduce his death sentence to life in prison. However, no governor has done that in the state's 43 executions since the death penalty was restarted in the U.S. in 1976.

Gov. Henry McMaster has stated that he will adhere to tradition and not reveal his decision until the death chamber call is made right before the execution.

The Associated Press contributed to this report.

by Landon Mion

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