Texas carried out its first execution since a botched lethal injection in Tennessee, putting Jamaal Howard, 46, to death on Wednesday, October 7, at 8:03 p.m. local time in Huntsville. Howard was convicted of the 2000 murder of convenience store clerk Vickie Swartout, 42, during a robbery in which he stole a carton of cigarettes and $114. His execution marked the 30th in the U.S. this year and the first since Tennessee’s attempt to execute Christa Pike using pentobarbital on September 30.
Howard received a fatal dose of pentobarbital, the same drug used in Pike’s failed execution attempt. His attorneys had argued for a stay, citing concerns about the drug’s potency and potential for complications, but courts denied their requests. The U.S. Supreme Court rejected an emergency appeal without explanation, with Justice Ketanji Brown Jackson the only dissenting vote.
During the execution, witnesses reported Howard took a few breaths and gasped as the drug took effect. He then made snoring sounds, coughed, and fell silent within approximately 30 seconds. He was pronounced dead 19 minutes after the injection began.
In his final statement, Howard apologized to Swartout’s family, who observed through a window in the death chamber. “I wish that you accept my apology and I wish for your forgiveness,” he said. “I’m sorry for what happened. I wish you can learn to forgive me one of these days.” He also thanked friends and family, expressing gratitude for finding peace and concluding with, “Hey, enjoy life, and peace to y’all.”
Legal and Procedural Context
Howard’s attorneys filed multiple appeals, including a request to Texas Governor Greg Abbott to delay the execution by 30 days to investigate the drug supply. Abbott did not grant the delay. The Texas Court of Criminal Appeals twice denied stay requests, and the Supreme Court’s refusal to intervene came hours before the scheduled execution.
The execution followed the botched lethal injection of Christa Pike in Tennessee, where she reportedly woke up after receiving pentobarbital, raising concerns about the drug’s administration. Pike’s legal team had argued that the same risks applied to Texas’ use of the drug. Howard’s attorneys echoed these concerns, stating that Texas should not “follow in Tennessee’s footsteps” without further review.
Background on the Crime
Howard, then 20, was convicted of capital murder for the robbery and killing of Swartout, which was captured on surveillance video. The crime occurred in Silsbee, Texas. His execution was the first in the U.S. since Pike’s attempt, which drew national attention due to its failure and subsequent legal fallout.