Willie B. Smith III, an Alabama death row convict, was executed Thursday night, according to the state attorney general's office, after the US Supreme Court declined to hear an 11th-hour appeal.
According to the attorney general's office, Smith was killed by lawful injection at 9:47 p.m. local time in Atmore, Alabama.
In 1991, Smith was found guilty of robbing Sharma Ruth Johnson, putting her into the trunk of her own stolen automobile, and fatally shooting her. According to investigators, Smith then set fire to the automobile, which had Johnson's body inside.
The Supreme Court delayed Smith's execution in February, citing Smith's desire to have his spiritual adviser present in the execution chamber. The state of Alabama had petitioned the judges to allow the execution to go place without his counsel present.
In federal court on October 17, a preliminary injunction attempting to halt his execution based on his manner of execution was refused.
In 2018, a state law went into effect that enabled death row convicts to choose nitrogen hypoxia over lethal injection, which was previously the only method of execution. Smith got the form to choose but did not make the decision under the 30-day opt-in period, according to court filings.
Smith's request for a preliminary injunction claimed he couldn't "enjoy the benefit of the legislation and the election form" without help understanding the form and its contents because he had "severe cognitive impairments." Smith's lawyers claimed that he couldn't fill out the form because he had an IQ of 64 to 72, according to the judgment.
Chief US District Judge Emily Marks ruled, "Because Smith has not shown a substantial likelihood of success on the merits of his ADA (Americans with Disabilities Act) claim, and because the equities weigh against him, Smith has not met his burden of establishing his right to a preliminary injunction."
Gov. Kay Ivey said in a statement following the execution, "The evidence, in this case, was overwhelming, and justice has been rightfully served. The carrying out of Mr. Smith's sentence sends the message that the state of Alabama will not tolerate these murderous acts. I pray that the loved ones of Ms. Johnson can be closer to finding peace."
