Spartanburg Man Files Lawsuit to Stop Execution Scheduled for November 1

Spartanburg Man Files Lawsuit to Halt Upcoming Execution

Spartanburg, S.C. – Richard Moore, the man set to be executed on November 1 for the 1999 murder of a convenience store clerk, has filed a lawsuit against South Carolina Governor Henry McMaster. Moore’s legal action seeks to stop his execution by claiming that McMaster is unfit to consider his clemency request.

Background of the Case

Moore was convicted in connection with the murder of James Mahoney at Nikki’s Speedy Mart in Spartanburg County. The incident occurred during an attempted robbery. Although Moore was unarmed when he entered the store, he ultimately took one of Mahoney’s firearms and killed him. The jury that convicted Moore did not include any African American members, raising concerns regarding the fairness of the trial.

Issue of Premeditation

During the trial, Moore’s defense team argued that the conviction for premeditated murder was questionable given that he had entered the store without a weapon. The case has drawn attention from various advocacy groups, including a campaign from Amnesty International, which is urging Governor McMaster to grant clemency for Moore. The campaign emphasizes discussions about the fairness of trials, especially in cases involving death sentences.

Governor’s Past Actions

In September, South Carolina executed Freddie Owens, who was also convicted of killing a store clerk in 1997 during a series of robberies. No South Carolina governor has granted clemency to a death row inmate in modern history. McMaster previously declined to intervene in Owens’ execution, despite international calls for clemency, demonstrating a precedent that complicates Moore’s case.

Details of the Lawsuit

On Monday, Moore filed his lawsuit in federal court, stating that Governor McMaster’s past role as attorney general — where he upheld Moore’s death sentence in 2004 — prevents him from being impartial in the clemency decision. “Over the past twenty years, Moore has worked to make up for his tragic mistakes,” the lawsuit claims, highlighting his conduct in prison and his role as a father and grandfather. It also notes the support of the former director of the South Carolina Department of Corrections, who believes that commutation of Moore’s sentence could have positive impacts within the prison system.

Governor’s Response

In a response submitted to the court, McMaster defended his position. He stated that clemency is a power solely belonging to the executive branch and dismissed Moore’s claims as unfounded. The governor assured that he had thoroughly considered Owens’s clemency application before ultimately deciding against it. He emphasized that every inmate’s petition would be reviewed diligently.

Next Steps

As the execution date of November 1 approaches, the outcome of Moore’s lawsuit could have significant implications for his fate. The state’s legal system is set to determine whether the claims raised by Moore hold sufficient weight to alter the timeline of his death sentence.

Moore’s case remains a focal point in ongoing discussions about justice, race, and the death penalty in South Carolina. As advocacy groups rally for his clemency and legal battles unfold in the courts, the situation continues to evolve.

With the growing attention around the execution and the historic absence of clemency being granted in recent years, Moore’s case is poised to become a significant chapter in the ongoing debate surrounding capital punishment in the state.