Death Penalty

A Missouri man who killed three people during a 1994 convenience store robbery has been scheduled for execution. The 55-year-old man will be killed by lethal injection on Tuesday at approximately 6 p.m. According to court records, the man bludgeoned three people to death using a gun, a hammer and a screw driver.

The only thing that could save him is if Missouri's governor grants him clemency, or if the Supreme Court decides last minute to hear his appeal.

Defense Attorneys Trying to Get Sentence Commuted

The man's defense attorneys have continually and unsuccessfully argued that their client is mentally retarded and therefore ineligible for the death penalty. So far, the appeals have not been successful in court.

More recently, the man's attorneys appealed their client's execution to the U.S. Supreme Court. They have argued that a tumor in his brain could cause their client to experience pain and seizures when his lethal injection is administered. According to attorney Jeremy Weis, even though a 2008 surgery was performed to remove the brain tumor, some of it still remains. Weis said that part of the man's brain is now missing and he has suffered seizures in the past.

The Missouri Supreme Court shot down an appeal on Monday asking to consider that the man is intellectually disabled and that his execution would be a violation of the Constitution.

Another Man Was Granted Clemency Last Month

As of Monday, Missouri Governor Jay Nixon was reviewing the man's petition for clemency. Last month, the Missouri governor commuted the death sentence of another man who was scheduled to be executed. That man's sentence was changed to life in prison.

The Death Penalty Information Center shows that 25 U.S. citizens were executed in 2015 so far. Six of the executions were carried out in Missouri.