Byron Black, a 69-year-old man with an intellectual disability, was executed by the State of Tennessee on Thursday at 10:43 AM. His execution was the second in the state since a five-year moratorium on the death penalty ended in May of this year. Black was sentenced to lethal injection for the horrendous 1988 ambush-style shooting. He murdered his girlfriend Angela Clay, 29, and her two young daughters Latoya, nine, and Lakeisha, six.
The legal fight that surrounded Black’s execution was loaded with allegations about his mental ability. His attorneys claimed that he is intellectually disabled and so ineligible for capital punishment per U.S. Supreme Court precedent. Their efforts to get a hearing for his intellectual disability didn’t go their way. In support of their motion, they claimed that waiting on their initial request for a decision put Black’s life at risk. A 2021 state law altered the eligibility criteria for death row inmates, which would have benefited him.
This execution was ethically concerning given that Black had terminal illness. He had an implantable cardioverter-defibrillator (ICD), which needed to be factored into the execution process. His lawyers argued that officials turn off the device, or otherwise reduce the risk of needless pain and prolongation of the execution. Despite these concerns, state officials overruled these worries.
Black’s last ditch appeal was denied by the U.S. Supreme Court just days before his scheduled execution. Tennessee Governor Bill Lee refused to intervene, letting the execution go forward as planned.
In her statements condemning the execution, Kelley Henry, Black’s attorney, expressed deep concern over the implications of the state’s actions.
“Today, the State of Tennessee killed a gentle, kind, fragile, intellectually disabled man in violation of the laws of our country simply because they could. No one in a position of power, certainly not the courts, was willing to stop them,” – Kelley Henry
Henry further characterized the execution as a reflection of “pure, unbridled bloodlust and cowardice.” She condemned it as a widespread and lawless abuse of government power.
Even in the face of these horrific conditions leading up to his murder, Black continued to dedicate his life to being kind to others. His attorney described that he had a perfect record of never missing a birthday—always on time with cards to all his friends and family.
“He was proud of the fact that he never missed a birthday. Each January, he would take out a makeshift calendar and write down everyone’s birthday so that he could be sure to send them a card,” – Kelley Henry
Linette Bell, who lost her sister and two nieces in the mass shooting, wants something different from justice for her family. She didn’t hold back about why that’s so important.
“He didn’t have mercy on them, so why should we have mercy on him?” – Linette Bell
Bell illustrated the impact of the loss on her family’s quality of life and noted how that emotional toll weighed on her.
“It feels like it is never-ending. They aren’t even resting in their own grave,” – Linette Bell
As Byron Black’s life came to an end, discussions surrounding his execution ignited broader conversations about the death penalty and its application in cases involving individuals with intellectual disabilities.
As this hypocritical execution approached, Federal Public Defender Kelley Henry wrote eloquently about what executing of Black would mean for our country.
“We are witnessing the erosion of the rule of law and every principle of human decency on which this country was founded. Today, it is Byron. Tomorrow, it will be someone you care about,” – Kelley Henry