The cinder-block grocery store in the tiny Brunswick County hamlet of Dolphin has long since closed. Lawrence Vaughan said he never could muster the strength to reopen after he and his wife were shot there that summer in 1998.
His wife, Patricia, did not survive.
In the span of about 90 seconds, Vaughan's life was forever changed. The anger still lingers.
Kevin Green, the attacker that day, is scheduled to be executed Tuesday night. Vaughan, who plans to attend with his two daughters, wonders what took so long.
"He was in my store, and in 90 seconds it was over," he said Friday. "Why did it take nine years to get to this?"
The execution could still be delayed. Green's attorneys have filed a last-minute appeal with the U.S. Supreme Court and a clemency petition with the governor.
If it occurs, Green will be the first person executed in Virginia after an 18-month hiatus, the second-longest stretch the state has gone without executing someone since capital punishment resumed in 1982.
His attorneys argue that the state will be illegally executing a mentally retarded man. The U.S. Supreme Court, in another Virginia case, ruled in 2002 that executing a mentally retarded person is unconstitutional.
Green's IQ has been listed as 65, 10 points below what is generally considered the threshold for mental retardation. But two federal judges in Norfolk determined that Green did not qualify as mentally retarded under the Supreme Court's and Virginia's two-prong test.
While his IQ is considered to be in the range for mental retardation, Green exceeded the minimum standard for the second prong, which looks at his "conceptual, social and practical skills," according to the judges' rulings. Those skills include use of language, the ability to handle money and keep a job, self-direction and his relationships with others.
His attorneys say Green, 31, could not hold a job while he was free, can't read, doesn't know how to use a phone and was unable to hold on to his driver's license. Though he had a girlfriend, she had to take care of him as if he were a child, they said.
"He is, beyond a doubt, mentally retarded, and his execution would be unconstitutional," said Washington lawyer Sarah Wilson, who filed the clemency petition with Gov. Timothy M. Kaine.
Kaine had not acted on the petition as of Friday.
A spokesman for the governor declined to comment on the Green case.
The governor last year halted the execution of Percy Walton, a convicted triple murderer, based on questions of his mental capacity. Those issues seemingly resolved, Walton is now scheduled to be executed next after Green, on June 10.
Green has shown no remorse for his actions that day in August 1998 at Lawrence's Grocery. (He was also tried and acquitted of the murder that year of another convenience-store merchant.)
Vaughan and his wife were tending to the store that afternoon when Green and his nephew walked in. Green walked right to the counter and began firing. Patricia Vaughan was struck first, in the head and torso, then her husband in the neck and arm.
Green and his nephew stole a money bag containing about $9,000. In his confession, Green said he bought a pizza in South Hill and a bus ticket to the Washington area, where he got a hotel room and bought marijuana, clothes and the services of prostitutes.
At his sentencing in 2002, Green told the judge: "You want to know if I have any remorse? No, I don't. I'm ready to die."
Lawrence Vaughan, who lost partial use of his left arm, is ready to see justice served.
"My two daughters and I will be there," he said in a phone interview. "I think they should go ahead and do it."
Virginia hasn't executed anyone since November 2006.
Kaine, who personally opposes the death penalty but has said he will not stand in the way of the law, has allowed four executions to go forward but has halted several others.
Most recently, he issued a brief moratorium on executions in April while the Supreme Court decided the legality of lethal injection. After the court found lethal injection to be constitutional, Kaine lifted the moratorium.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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Here's a clue...
He was smart enough to get a gun, kill more than once, get away from the scene, buy drugs, rent a hotel room, hire a hooker and assist in his defense. I've got no problem with executing him--he knew right from wrong and killed two people. Fry him.
http://limobarbie.blogspot.com
they should...
Do what the Japanese do...hang him. They are supposed to be one of the most advanced societies...learn from them where hanging is approved by a vast part of the society...shucks he would already have been hung by now; they do not waste time like we do. I'm sick and tired of lawyers and politicians manipulating the already messed up system we have for people that commit murder...it is plain and simple...they kill...kill them...end of story...no fancy lawyer, no politician seeing benefit...let them hang...slowly...dangling and kicking...and let people watch...and see if the murder crime rate in this country does not go down.
this is absured
first off, his lawyer who,is most likely lacking in the IQ dept, really thinks people are this dumb,to think his "client" compliments of our tax dollars really will fall for this tripe,anyone knowing that he or she stands a good chance in meeting his fate,if HE DOES PASS THIS TEST,will surely do anything in his power or advice of his legal council to fail,remember folks"if the glove don't fit you must aquit!"feel familiar?fact remains, i most likely would have a very hard time passing an IQ test but to say that i would not know in the difference with a moral decission,with someones life,is beyond.bottom line folks,the ride is over,it is time for this coward for once be a man and face the punishment,which our legal system deemed suitable for this hidious crime.
exicution
he didn't give his victim the chance to protest his death for 9 years,i am sure he didn't even think about or if that person had a family children or loved ones.and almost every person according to the lawyers in this situation had either no parent single parent or grew up in a dysfunctional family,poor poor things.I grew up in a very hard time and my mother and father had 14 of us,i remember times when we had to go hungry for a day or two at a time i would go collect fire wood so we could stay warm in a house that had hardly no insulation at all pipes frozen in winter.about half of us didn't finish school because we had to get jobs to help support the younger ones or ourselves.sure some of us had low iq's.but you know something i had a mother that taught us to love for one another and respect others and not lie cheat,or steal what we got.lawyers trickery and excuses,anything they can do to make a name for themselves.lawyers deal in humans like a drug dealer does to crack.this killer knew enough to rob and murder and use the spoils for his personnel pleasure.god gives us his laws and gives man the ability to make mans law.put this killer to death but in a humane way but death is wh
Add to donvabeach
he bought a pizza in South Hill and a bus ticket to the Washington area, where he got a hotel room and bought marijuana, clothes and the services of prostitutes
AND, HE KNEW HOW TO USE A GUN.
.
Let's face it!
All of these killers, thugs, whatever you may want to call them, are all dumber than dirt, but they know the difference from right and wrong. I would like to see them clean off death row and keep it cleaned off. I think we would see an immediate decrease in capital crimes, and if not we'll just keep killing the killers. No dead man has ever killed again! Support our weapons laws and hope that you never need to use them, but if you do, keep in mind that you can kill in self defense. Do not become a victim to these thugs, killers, whatever. It is time that we strike back and in a big way.
Kill him.....now.
"Green said he bought a pizza in South Hill and a bus ticket to the Washington area, where he got a hotel room and bought marijuana, clothes and the services of prostitutes."
Those aren't the actions of a dummy. He knew what he was doing.
Kill him.....now. He truly deserves it.
Sounds pretty capable to me
This man sounds like he knew exactly what he wanted. Unwise? Yes. R_tarded? Leave it to the defense attorney to come up with some excuse like that.
Disgusting
"You want to know if I have any remorse? No, I don't. I'm ready to die."
Fine. Let your wish be granted. So maybe he can't read but not knowing the basic of differences between right and wrong? Give me a break. The article doesn't mention much about the nephew. Any ideas on what happened to him and his age?
No remorse
That is the part to me that makes it so painful for the living spouse. Yes, nine years has past since the incident, which is way to long. The lawyers continue to file legal motions and write briefs. I guess becasue they still want to get paid. The lawyers do have some moral and legal obligation to exhaust all legal means for their cilent. In the end there is still no remorse and the killer knows,beyond a doubt, right from wrong.
Execution in Virginia
He knows the difference between right and wrong. Execute him as determined by the courts.
Deserving of Execution
This is a prime example of one who does not deserve to continue living. Execution is the ideal solution for Green.
Accountability
There is no room in our society for thugs, robbers, murderers, rapists, lawyers or professional politicians.
Hog Wash
If he had mental problems, then how was he able to buy a pizza, a bus ticket to Washington, DC and know where the bus station was or which bus to get on.
Let's turn him loose and let him live with the attorney wants to halt the execution if she thinks he is not that bad.
He knew exactly what he was doing, he is just a cold blooded killer so let's stop playing with and paying to take care of him.
He should be executed and I hope he is.
Its So Sad:
That we live in a society, where some people are so evil, that we as law abiding citizens, have to lawfully kill them. My late dad said that like a dog with rabies, the only thing you can do, is kill it. I guess, so it is with some people. It would be nice, if we had enough prisons. To incarcerate people for life, when they commit a capital crime, such as murder, or mass murder. But as it stands now, our prison system is over crowded, and probably undermanned. I don't have an answer, but this I do know. Parents need to teach their children, the difference between Right and Wrong, at a young age. And make them understand, What a good education has to offer. And The alternative of learning a trade. So unless someone comes up with a better solution, we are stuck with executions, like it or not.
You're kidding right???
This man was competent enough to buy a pizza in South Hill and a bus ticket to the Washington area, where he got a hotel room, bought marijuana, clothes, AND the services of prostitutes with money he stole during a robbery. Yet he isn't competent enough to be held responsible for murdering one and injuring another???? Give me a break. Carry out this execution without delay!!! Why cost the taxpayers more money to clothe and feed this poor excuse for a human being. I don't care what an IQ test showed....he knew exactly what he was doing. This family has lost a wife and a Mother, why make them suffer anymore than they already have? The concern should be that justice is served so this family can have closure and move on not that it's unconstitutional for this man to be put to death because of a low IQ score.