ATMORE, Ala. (AP) – The U.S. Supreme Court on Thursday paused Alabama’s plans to execute a man convicted of killing a convenience store clerk, acting after defense lawyers argued that a judge unfairly imposed the death penalty after a jury recommended life in prison.
A statement from Justice Clarence Thomas said without explanation that a temporary stay was ordered “pending further order” of the court. The stay was only expected to give justices more time to consider the arguments. Further court action was awaited Thursday evening before the expiration of the inmate’s death warrant at midnight CST.
Ronald Bert Smith Jr., 45, was set to receive a lethal injection Thursday evening for the Nov. 8, 1994, shooting death of Huntsville store clerk Casey Wilson. It would be Alabama’s second execution this year if carried out.
Wilson was pistol-whipped and then shot through the head during the robbery, court documents show. Surveillance video showed Smith entering the store and recovering spent shell casings from the bathroom where Wilson was shot, according to the record.
A jury convicted Smith of capital murder in 1995 and recommended life imprisonment by a 7-5 vote, but the judge sentenced Smith to death.