Why South Carolina Have Not Executed Richard Bernard Moore

Richard Bernard Moore, born February 20, 1965, is a South Carolina death row inmate. He was convicted of the murder of James Mahoney, a convenience store worker, in Spartanburg, South Carolina, in September 1999.

Moore's case drew international attention when he was set for execution and chose to be executed by firing squad in accordance with the state's new contentious capital sentencing regulations. Moore was scheduled to be the first person executed in South Carolina in nearly a decade, as well as the first person executed by firing squad in the state.

Nevertheless, on April 20, 2022, the South Carolina Supreme Court postponed his execution.

The Crime That Sent Him To Prison

Moore entered Nikki's convenience shop in Spartanburg in the early hours of September 16, 1999. He was unarmed and planned to rob the business to fund his cocaine habit. Terry Hadden, an eyewitness to the incident, and the clerk, 42-year-old James Mahoney, were both inside the store.

Moore walked toward the refrigerator inside the store as Hadden played on a video poker machine. He then heard Mahoney yell at Moore and question him about what he was doing. Hadden turned to find Moore and Mahoney fighting, with Moore holding Mahoney's two hands with one of his hands.

Moore and Mahoney got into a fight after Mahoney pulled a gun on him, and Moore grabbed the revolver with his other hand. Moore told Hadden not to move as he shifted his attention to him and leveled the rifle at him.

Moore then made an attempt to shoot Hadden but failed. Hadden collapsed on the ground while acting lifeless. Then Mahoney took out a second weapon, and additional rounds were fired. Moore shot Mahoney in the chest while Mahoney shot Moore in the arm. Moore exited the store in his pickup vehicle after pacing around the shop and leaving a blood trail in his wake.

Hadden then stood up and discovered Mahoney face down on the ground with a rifle. Hadden dialed 911, but Mahoney passed away from the chest wound minutes later. Moore made off with $1,408 from the shop.

He was later tracked down and arrested

Trial and Sentencing

In October 2001, Moore was put on trial for shooting Mahoney to death. He was accused with murder, aggravated assault with the intent to kill, armed robbery, and a violation involving a handgun.

He was pronounced guilty and found guilty on all charges by the jury. The jury recommended a death sentence in a subsequent sentencing hearing. On October 22, 2001, Moore was formally given a death sentence for the murder of Mahoney.

Moore claimed he shot Mahoney in self-defense after Mahoney drew the first gun. His defenders and appellate attorneys have contended that the crime he committed was not one that warranted the death punishment. The defense team for Moore said that since he didn't bring a weapon into the business and instead seized Mahoney's gun, he wasn't aiming to harm anyone when he entered.

Planned Executions

Circuit Judge Gary Clary set Moore's execution on January 22, 2002 after the completion of his sentence.

But, prosecutors admitted at the time that it would take years for Moore to be put to death because of appeals.

The execution date for Moore was set for December 4, 2020 after all appeals had been exhausted.

The state lacked the lethal injection drugs necessary to carry out his execution, hence they were unable to do so.

Moore was given the option of a firing squad or the electric chair to end his life. He refused to choose either of the options presented to him. His execution was postponed.

With a vote of 66-43, a law that would have allowed prisoners to be executed by firing squad or electrocution in the absence of lethal injection medications was approved. The state said in March 2022 that it had finished formulating procedures for firing squad executions.

The execution date for Moore was set on April 29, 2022.  He opted for the firing squad on April 15 as opposed to the electric chair.  The execution was put on hold and a temporary stay was ordered by the South Carolina Supreme Court on April 20.