Oct. 20, 2009 (United Press International) -- The U.S. Supreme Court refused Tuesday to stop a Georgia execution, allowing Mark McClain to be put to death at 7 p.m. EDT.
The Georgia Supreme Court had rejected a request for a stay earlier in the day.
Prison officials said McClain, sentenced to death 14 years ago for killing a Domino's Pizza (NYSE:DPZ) manager during a robbery, had said he would make no last statement, The Augusta (Ga.) Chronicle reported. McClain also did not want family members to see him die.
The execution was scheduled to be carried out at 7 p.m. in the Georgia Diagnostic and Classification Prison in Jackson.
McClain, 42, was convicted of killing Kevin Brown, 28, during a robbery at a Domino's Pizza in the Augusta area. He stole $130 from the pizza store.
In his appeal to the U.S. court, lawyer Brian Kammer asked for a stay until the justices decide an Alabama case he argued was similar. Kammer said jurors might have decided to sentence McClain to life in prison if they had heard evidence about his early life and that he was drunk when he committed the crime, a robbery to get money for his girlfriend.
