South Carolina prison director confirms readiness of execution methods

COLUMBIA, S.C. — South Carolina’s prisons director announced that the state is prepared to carry out its first execution in over 13 years. Bryan Stirling, the director, confirmed that the lethal injection drug is in good condition, the electric chair was tested recently, and the firing squad is ready with the necessary ammunition and training.

The South Carolina Supreme Court mandated that Stirling submit a sworn statement to Freddie Owens’ attorney to confirm the availability of all three methods of execution ahead of Owens’ scheduled execution date on September 20.

Owens’ legal team plans to review the information provided by Stirling. If they find it insufficient, they may request a review by the state Supreme Court or federal judges regarding the adequacy of the statement.

As the execution date approaches, there are at least two major legal matters under dispute between the state and Owens. Owens has until September 6 to decide which method he prefers for his execution. He has given power of attorney to his lawyer, Emily Paavola, to make that decision on his behalf. The state Supreme Court has agreed to examine whether such an arrangement is permissible under South Carolina law.

Interestingly, Owens signed the power of attorney with the name Khalil Divine Black Sun Allah, a name he adopted while incarcerated. However, in legal proceedings, he continues to use his birth name to avoid any potential confusion.

In his sworn statement, Stirling noted that technicians at the State Law Enforcement Division laboratory tested two vials of pentobarbital, the drug intended for use in lethal injections. The technicians reported that the drug is stable, pure, and sufficiently potent to fulfill its intended purpose, according to Stirling.

Previously, South Carolina used a three-drug cocktail for executions, but the expiration of those drugs contributed to the halt in executions since 2011. Under the state’s new shield law, which was enacted in 2023, details regarding the drug’s supplier and those involved in the execution process are kept confidential. This law has played a pivotal role in permitting the state to obtain pentobarbital while maintaining supplier anonymity.

The electric chair, which dates back to 1912, was successfully tested on June 25, with Stirling confirming its proper functionality but providing no further details about the testing process.

Additionally, the firing squad, a method introduced following a law passed in 2021, is prepared to proceed. Three volunteers have received training to accurately shoot a target placed on the heart from a distance of 15 feet (4.6 meters).

Owens, 46, was sentenced to death for the murder of Irene Graves, a convenience store clerk, during a robbery in Greenville back in 1997. Officials stated that Owens and his companions were involved in robbing multiple establishments before reaching the store where Graves worked.

During the trial, one accomplice testified that Owens shot Graves in the head after she failed to open the store’s safe. However, security footage did not clearly identify who fired the fatal shot. The accomplice’s murder charge was later reduced to voluntary manslaughter, resulting in a 28-year prison sentence.

Owens was convicted of murder in 1999, but shortly after, while awaiting sentencing, he was involved in another fatal incident. He killed his cellmate, Christopher Lee, at the Greenville County jail. Owens provided detailed descriptions of the murder, stating he felt justified because he believed he had been wrongfully convicted of the initial murder charge. A confession made by Owens was presented by the prosecutor during the following court session.

Following the killing of Lee, Owens faced a new murder charge. Prosecutors eventually dropped this charge in 2019, retaining the right to refile if necessary once Owens had exhausted his appeals related to the death sentence he received for Graves’ murder.

There’s still a potential avenue for Owens to challenge his death sentence. In South Carolina, only the governor holds the power to grant clemency and convert a death sentence into life imprisonment. Historically, since the reinstatement of the death penalty in the U.S. in 1976, no governor has exercised this power in the state’s 43 executions.

Governor Henry McMaster has stated that he will adhere to established tradition by not disclosing his decision regarding Owens until shortly before the execution is set to occur. He indicated that he has not yet made a determination on Owens’ situation but respects the legal processes and decisions of the courts. “When the rule of law has been followed, there really is only one answer,” he stated.