WEST COLUMBIA, S.C. — A Lexington County judge has determined that Gary Terry, who was convicted of rape and murder in 1997, does not have an intellectual disability, which could pave the way for his execution. The ruling marks a significant development in a legal case that has drawn attention due to its implications for capital punishment in South Carolina.
According to local reports, Terry’s case could contribute to a troubling trend, potentially making him the seventh individual placed on death row in the state within the past ten months. He was found guilty of raping and killing a neighbor in her West Columbia home, although he has maintained that their relationship was consensual and that her death was accidental, caused by a blow to the head during an argument.
Initially, Terry received a temporary reprieve when he asserted that he had an intellectual disability. His attorney suggested that brain damage, likely stemming from a small stroke, affected his cognitive abilities. However, evidence presented before the judge indicated that testing conducted prior to his trial showed Terry’s intellectual functioning fell within the “low average range.” Prosecutors contended this level did not meet the legal threshold for defining intellectual disability, while his defense claimed the original assessment was incomplete and insufficiently thorough.
In 2002, five years after Terry was sentenced, the U.S. Supreme Court ruled in Atkins v. Virginia that executing individuals with intellectual disabilities violates the Eighth Amendment’s prohibition against cruel and unusual punishment. This precedent played a significant role in the arguments surrounding Terry’s potential execution.
Judge Robert Hood ruled that Terry’s brain injury, detailed in his medical scans which revealed dead tissue and diminished blood flow, did not constitute a severe enough condition to prevent his execution. Testimony from Terry’s mother during the trial highlighted that he had experienced multiple head injuries prior to the murder, including a motorcycle accident and an assault in which he was struck in the head with a wooden board.
Following the judge’s ruling, it remains uncertain if Terry’s legal team will pursue additional avenues for appeal. They did not respond to inquiries regarding future plans.
The timing of Terry’s potential execution is also noteworthy, as the South Carolina Supreme Court typically issues death warrants on Fridays. With the July 4 holiday approaching, it is possible that a warrant for Terry could be issued as soon as July 11.
This case continues to unfold as legal experts and advocates for the intellectually disabled closely monitor developments. The implications of this decision extend beyond Terry, highlighting ongoing discussions about capital punishment in the United States.
This article was automatically written by Open AI, and the people, facts, circumstances, and story may be inaccurate. Any article can be requested to be removed, retracted, or corrected by emailing contact@publiclawlibrary.org.