The Albany Gazette - Black man convicted by all-white jury to be executed in South Carolina

Richard Moore, 59, is to be put to death by lethal injection at 6:00 pm (2200 GMT) at a prison in Columbia, the state capital, barring a last-minute grant of clemency from the governor.

Moore was sentenced to death in 2001 for the 1999 killing of James Mahoney, a white convenience store clerk, during what prosecutors said was a robbery attempt.

Moore's lawyers deny he ever planned to rob the store.

He entered the store unarmed, they said, but got into an argument with Mahoney because he was 11 or 12 cents short of the money needed to make his purchase.

Mahoney allegedly pulled out two guns and Moore wrestled one away, shooting the store clerk to death while being wounded in the arm himself.

According to prosecutors, Moore stole $1,400 and went out to buy crack cocaine. He was arrested soon afterward.

Moore's lawyers said his death sentence was unfair and racially motivated.

"No other South Carolina death penalty case has involved an unarmed defendant who defended himself when the victim threatened him with a weapon," they said in a statement.

"Moore is not the 'worst of the worst' for whom the death penalty is supposed to be reserved," they added. "Instead, his death sentence is based on racial discrimination."

The prosecutor "had a history of seeking the death penalty only in cases involving white victims," Moore's lawyers said, and rejected all of the potential African Americans jurors during jury selection.

The US Supreme Court on Thursday declined Moore's request for a stay of execution and his last hope is a clemency petition submitted to South Carolina's Republican governor, Henry McMaster.

Among those seeking clemency for Moore is Jon Ozmint, the former director of the South Carolina Department of Corrections.

"He's a changed man," Ozmint said in a video. "There's no question in my mind this would not have been a death penalty case in most states."

Moore also appeared in the clemency video, saying: "I hate that it happened. I wish I could go back and change it. I took someone's life. I broke the family of the deceased."

McMaster, the governor, told reporters on Wednesday he would announce his clemency decision at 5:45 pm (2145 GMT) -- 15 minutes before the scheduled execution.

"Clemency is a matter of grace, a matter of mercy," he said. "I intend to review everything that I can."

There have been 20 executions in the United States this year, including one in South Carolina.

The death penalty has been abolished in 23 of the 50 US states, while six others -- Arizona, California, Ohio, Oregon, Pennsylvania and Tennessee -- have moratoriums in place.

(P.Clark--TAG)