Associated PressAssociated Press

A South Carolina death row prisoner is asking the state Supreme Court to stop his execution until judges can determine if either method is cruel and unusual punishment.

Unless a court steps in, Richard Bernard Moore will die on April 29 He has until next Friday to decide between the electric chair, which has been used twice in the past 30 years, or being shot by three volunteers who are prison workers in rules the state finalized last month.

South Carolina has not been able to obtain the drugs to kill inmates in the past several years, prompting the General Assembly to pass a law in 2021. In the last 11 years, there have been no executions in South Carolina.

The lawyers for Moore said judges need to review South Carolina's new firing squad rules to see if they violate a ban on cruel and unusual punishment. There is a lawsuit pending by two other inmates.

The electric chair and the firing squad are archaic and barbaric methods of execution, according to Lindsey Vann.

Vann wants the state Supreme Court to delay the execution so the U.S. Supreme Court can review the death sentence. The justices denied the appeal.

Moore has been on death row for more than two decades after he was convicted of killing a convenience store clerk.

Moore's supporters said his crime did not rise to the level of a death penalty offense because he did not intend to kill anyone until the store clerk pulled a gun on him.

Moore was able to wrestle a gun away from Mahoney, who was trying to rob the store to support his cocaine habit.

The men fired at each other after Mahoney pulled a second gun. Moore shot Mahoney in the chest. Moore left a trail of blood in the store as he tried to get money.

The law passed last year makes the electric chair the state's primary means of execution, while giving prisoners the option of choosing death by firing squad or lethal injection, if those methods are available.

Moore's lawyers argue that the state has not proven it is trying to find lethal injection drugs, instead forcing death row inmates to choose between two barbaric methods.

The death chamber was renovated last month to include a metal chair with handcuffs that faces a wall with a rectangular opening that allows three volunteers to fire live bullets at the condemned prisoner.

Bullet proof glass has been installed between witnesses and the chair where the prisoner will be restrained as a worker places a hood over his head and a small target over his heart.

35 men are on South Carolina's death row. The state was supposed to execute Moore in 2020, but they couldn't get lethal injection drugs.

South Carolina's last execution was in 2011, when Jeffrey Motts, who was on death row for killing a cellmate, abandoned his appeals and chose to be executed.

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