A man who was nearly put to death before an execution warrant expired last month amid disagreements between U.S. Supreme Court justices is again set to die by injection in Alabama.
Christopher Lee Price’s execution was scheduled for 6 p.m. Thursday at Holman prison, but officials said it had been temporarily delayed. The U.S. Supreme Court, by a 5-4 vote, refused to block the execution Thursday night.
Price, 46, was convicted of using a sword and knife to kill a country preacher during a 1991 Christmastime robbery. Price would become the second inmate put to death in Alabama in two weeks .
Attorneys for Price had asked the U.S. Supreme Court for a stay, and the inmate issued an apology to relatives of his victim, Bill Lynn, while the case was before the court.
“I am so terribly sorry to the victim and his family for my crime,” said the statement, relayed to reporters by defense lawyer Aaron Katz.
Lower courts previously refused to postpone the execution, and the state argued Thursday that “delay tactics should not be rewarded” with a delay.
Price has asked to die by nitrogen hypoxia, an execution method Alabama has legally authorized but not developed. His lawyers argue the method, which kills by depleting the body of oxygen, would be less painful than lethal injection.
Price sued the state over Alabama’s current practices, and his attorneys told the Supreme Court the state is rushing to execute him two weeks before the trial date.
Price was convicted of killing Bill Lynn, a Church of Christ minister in rural Fayette County, on Dec. 22, 1991.
The inmate was set to be executed last month but the state death warrant expired at midnight before a divided Supreme Court lifted a stay that blocked the lethal injection. The court subsequently released documents that showed its internal squabbling over the death penalty.
The Alabama Supreme Court then set a new execution date even though U.S. District Judge Kristi DuBose of Mobile had scheduled a trial set for June 10 to hear Price’s challenge to Alabama’s lethal injection process. DuBose denied an execution stay in a decision Sunday.
Court documents show Lynn was at home with his wife Bessie assembling toys for grandchildren three days before Christmas when the electricity failed. He went outside to check on the power box, and the woman looked outside after hearing a noise to see a man dressed in black holding a sword above her husband.
The woman ran outside to find Lynn severely wounded, and she saw two men as she tried to start a van to flee. She was beaten and robbed of money and her wedding rings despite pleas that she be allowed to keep the jewelry, court documents show.
Price was arrested several days later in Chattanooga, Tennessee. He admitted participating in the robbery but blamed the actual killing on another man.
An accomplice, Kelvin Coleman, pleaded guilty to murder and was sentenced to life in prison. Jurors convicted Price of capital murder and a judge sentenced him to death.
Earlier this month, Michael Brandon Samra was executed by injection for his capital murder conviction in a quadruple killing near Birmingham. His lawyers lodged no complaints about the process following the execution.
Alabama executed one other inmate this year in February.