COLUMBIA, S.C. — On Friday, a South Carolina inmate on death row made the decision to face execution via lethal injection rather than the alternatives of firing squad or electrocution, as a result of a crime committed two decades ago. Richard Moore, who was sentenced for the murder of store clerk James Mahoney in 1999, was informed this month of his available options for execution scheduled on November 1. If Moore had not made a choice by the Friday deadline, he would have automatically faced electrocution.

Moore’s impending execution marks the second in South Carolina following a 13-year hiatus, a pause attributed to the state’s inability to procure the required drugs for lethal injections. The 59-year-old is currently appealing to the U.S. Supreme Court in hopes of halting his execution. His conviction stems from an incident where he attempted to rob a Spartanburg County store without any weapon, only to become involved in a gunfight after taking possession of one of the clerk’s firearms during the robbery attempt.

According to authorities, Moore sustained a gunshot wound in the arm, and prosecutors indicated that blood matching his was found on Mahoney, as he reportedly stepped over the clerk in search of cash. Notably, Moore is the only African American on South Carolina’s death row who was convicted by a jury consisting solely of white individuals, as highlighted by his legal representation. Should the execution proceed, he would also be the first individual in modern times to be executed after being unarmed initially and later claiming self-defense against an armed individual.

According to Bryan Stirling, the South Carolina Corrections Director, the state’s electric chair underwent testing the previous month, while the firing squad is ready with both the necessary ammunition and training. Furthermore, the lethal injection drug has been verified as pure by technicians at the state crime lab, and Moore received this information in a certified letter.

Moore’s execution would adhere to the newly established lethal injection protocol, which utilizes a single dosage of pentobarbital, aligning with the federal government’s execution methods. Historically, South Carolina employed a three-drug cocktail for executions. The first use of the revised single-drug method occurred on September 20 with the execution of Freddie Owens, who experienced no significant distress as the process concluded.

Prior to his execution, Owens sought more detailed information about the pentobarbital to be administered, which prompted the state Supreme Court to rule that enough details had been provided concerning the drug’s purity and efficacy. Moore’s legal team plans to petition for clemency, arguing that his punishment is excessively severe since he did not enter the store brandishing a weapon and possibly was acting in self-defense. Notably, no security footage exists from the incident, and his attorneys emphasize his clean prison record while offering to aid in rehabilitating fellow prisoners.

Moore remains dedicated to his family’s well-being, with his son Lyndall describing him as a committed father and grandfather who mentors youth and practices his faith. The authority to grant clemency resides solely with Governor Henry McMaster, who has never issued such clemency during his tenure as governor. Recently, however, Moore’s legal representatives requested federal court intervention to relieve McMaster of this authority, citing comments he made in 2022 expressing his unwillingness to commute any sentences.

Judge Mary Geiger Lewis showed doubt regarding their request, and McMaster has submitted a sworn statement affirming his intent to meet his legal obligations. In recent years, Moore has had two execution dates set; both were halted by the state Supreme Court to deliberate on the legality of the firing squad and the associated shield law. In 2022, although he initially selected the firing squad, his choice shifted with the introduction of lethal injection as an option.

Firing squads have been utilized in very few U.S. executions over the last half-century, with only three instances occurring in Utah, the most recent in 2010. Despite the revival of the death penalty in the U.S. in 1976, South Carolina has executed 44 inmates. At the turn of the 2000s, the state averaged three executions annually, with only nine other states having executed more individuals. However, due to the recent standstill in executions, the number of inmates on death row has decreased significantly—from 63 in early 2011 to the current 31, with various inmates having received new sentences following successful appeals, as others have passed away from natural causes.