Stephan Ian Humphrey (GDOC)
ATLANTA - A federal judge declined to halt next week’s scheduled execution of Stacey Humphreys, a Georgia man who argued he should be shielded by an agreement made during the COVID-19 pandemic that outlined conditions for resuming executions.
Execution stay denied
What we know:
Humphreys, 52, is scheduled to be executed on Dec. 17 for the 2003 killings of Cyndi Williams, 33, and Lori Brown, 21, who were fatally shot at the real estate office where they worked in a suburban Atlanta neighborhood.
U.S. District Court Judge Leigh Martin May heard arguments in Atlanta and ruled that Humphreys failed to show that carrying out his execution now would violate his rights to due process or equal protection.
Humphreys’ attorney argued that those rights would be violated because an agreement made when executions were paused during the pandemic is still being used to delay some executions — but not those of Humphreys and several others.
Pandemic agreement argued as basis for delay
What they're saying:
After Georgia paused executions during COVID-19, the state attorney general’s office entered into a written agreement with lawyers for death-row prisoners to set terms for resuming executions. The Georgia Supreme Court previously affirmed the agreement as a binding contract.
The agreement applies only to people whose requests for a rehearing of their appeals were denied by the 11th U.S. Circuit Court of Appeals while a judicial emergency related to the pandemic was in place.
The judicial emergency ended in June 2021. The 11th Circuit denied Humphreys’ rehearing request in October 2024, placing him outside the time window covered by the agreement.
Humphreys seeks modification to execution protocol
Dig deeper:
Humphreys, who has multiple health issues, also requested modifications to Georgia’s execution protocol, asking to sit upright or stand during the lethal injection process. His attorneys say lying flat could cause him to struggle to breathe.
In a newly filed federal complaint, his lawyers wrote that without accommodations, he will be subjected to a "torturous and grotesque spectacle."
Dr. Paul Zolty, who evaluated him, wrote: "Mr. Humphreys will very likely struggle to breathe while in this supine position, with a constant feeling of choking and fear that a person being strangled would experience."
Humphreys’ attorney told Judge May she has been in contact with corrections officials about the issue. The judge said she will wait for more information on how the state plans to proceed and, if needed, will schedule a hearing Friday.
Parole board to review case
What's next:
The Georgia Board of Pardons and Paroles will hear arguments on Dec. 16. The board could grant clemency and remove the death penalty, delay the execution, or decline to intervene.
Stacey Humphrey's last meal
What's next:
If the board does not step in, Humphreys has selected his last meal: barbecue beef brisket, pork ribs, a bacon double cheeseburger, french fries, cole slaw, cornbread, buffalo wings, a meat lovers pan pizza, vanilla ice cream, and two lemon-lime sodas.
The Source: Information in this article came from the Georgia Board of Parole and Pardons. The Associated Press contributed to this article as well.